Weekly Immigration Update: February 25–March 3, 2022

United States, March 3, 2022
DHS Designates Sudan and Extends and Redesignates South Sudan for Temporary Protected Status; Expands Employment Options for South Sudan Nationals in F-1 Student Status 

• The Department of Homeland Security (DHS) has announced a new 18-month designation of Sudan for Temporary Protected Status (TPS), to take effect upon publication of an upcoming Federal Register notice.
• DHS has also extended and redesignated the neighboring country of South Sudan for TPS for an additional 18-month period, from May 3, 2022 to November 3, 2023.
• The registration period for new South Sudan TPS applicants will run from March 3, 2022 to November 3, 2023. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
• The registration period for current South Sudan TPS beneficiaries who wish to extend their benefits runs for 60 days, from March 3, 2022 to May 2, 2022. Those whose EADs expire on May 2, 2022 will receive an automatic extension through November 1, 2022. 

• DHS has also announced that it will suspend certain employment authorization rules for citizens of South Sudan in F-1 student visa status who are experiencing severe economic hardship as a direct result of the humanitarian crisis in that country.

To view entire article, click here.

 

South Africa, March 3, 2022
New Bill to Introduce Quotas for Foreign Workers

• South African authorities have published a draft National Labour Migration Policy and Employment Services Bill aimed at, among other goals, introducing quotas for foreign nationals working in the country.
• Once the bill becomes law, it will empower the responsible Minister to determine quotas for the employment of foreign nationals in one or more economic sectors, occupational categories, nationally or even regionally in a sector.
• The public is now invited to participate in the consultation process, which will end on May 31, 2022.

To view entire article, click here.

 

Worldwide/Russia, March 2, 2022
Limited Suspensions of Visa Services for Russian Citizens

• Several European countries have temporarily suspended visa issuance for Russian citizens. Employers with Russian citizen employees should take these suspensions into account for in-process and upcoming moves, and notify their employees of any travel implications.
• The United States, the European Union, other European countries and Canada have closed their airways to Russian flights, and several airlines have limited travel over Russia, causing delays in travel routes. Travelers should check with their specific airline for more information.
• The situation is fluid. Further visa suspensions for Russian citizens are expected. Check our Spotlight page on the evolving situation and firm resources.

To view entire article, click here.

 

United States, March 1, 2022
H-2B Cap Is Reached for Second Half of FY 2022

• On February 25, 2022, USCIS received enough H-2B petitions to exhaust the cap for the second half of FY 2022. 
• USCIS will reject H-2B petitions received after February 25, 2022 that request a start date on or after April 1, 2022, and before October 1, 2021, unless the petition is exempt from the H-2B cap.
• USCIS continues to accept H-2B petitions for the first half of FY 2022 through March 31, 2022 for H-2B positions with start dates on or before March 31, 2022, under a temporary rule authorizing an additional 20,000 H-2B visas for the first half of FY 2022.

To view entire article, click here.

 

United States, March 1, 2022
FY 2023 H-1B Cap Registration Begins

• Employers and their immigration counsel may register foreign nationals for the FY 2023 H-1B cap lottery from today at noon ET through Friday, March 18 at noon ET.
• USCIS is expected to receive a very large number of online registrations during this period. Technical slowdowns are possible as a result.
• Before an H-1B cap registration can be submitted by immigration counsel, employers must promptly review, approve and e-sign the registration.
• After the registration period closes, USCIS will run two cap lotteries to select the number of registrations it believes sufficient to meet the annual H-1B quota of 85,000.

To view entire article, click here.

 

Worldwide/Ukraine, February 25, 2022
Many Countries Granting Immigration Concessions for Ukrainian Nationals; Exit Ban for Men Age 18-60

• Due to the escalating situation in Ukraine, many countries are granting immigration concessions for Ukrainian nationals.
• Most concessions are related to extensions of stay in countries of current residence and prioritization of immigration applications.
• Employers with Ukrainian nationals should inform them of the available concessions and should advise them to check consular websites for further information.
• Additionally, the Ukrainian President has signed an order that bans Ukrainian men aged 18-60 from leaving Ukraine.

To view entire article, click here.

 

United States, February 25, 2022
Regulation To Expand USCIS Premium Processing Program Clears Federal Review

• A U.S. Citizenship and Immigration Services (USCIS) final rule that would expand premium processing to include additional case types has cleared the Office of Management and Budget, putting it closer to publication and implementation.
• The regulation implements Congress’s October 2020 legislation directing USCIS to expand premium processing service to a number of additional case types, including for applications for employment authorization (Form I-765) and nonimmigrant changes of status and extensions of stay for certain dependent family members (Form I-539).
• The specific contents of the final rule – including the case types eligible for premium processing, processing timelines, and corresponding fees and implementation dates – are not yet known, but implementation of the expansion is expected to be gradual and take place over several months or more.

To view entire article, click here.

Costa Rica: New Passports Issued with Longer Validity – The General Immigration Directorate (DGME) has published a decree, effective March 7, 2022, that will increase the validity of newly issued regular passports to 10 years, up from the currently issued five years. Additionally, the DGME will be able to issue “emergency passports” valid for up to one year in exceptional cases where an applicant has an urgent need to depart the country. Currently, these types of emergency passports are not available. The changes are in line with the upcoming implementation of biometric passports in Costa Rica expected in March 2022.

Ghana: Ghana Card Can Be Used as e-Passport – Ghanaian citizens and dual citizens are now able to use their Ghana National Identification Card, known as the “Ghana Card”, as an e-passport to board flights to the Economic Community of West African States (ECOWAS) countries, which are Benin, Burkina Faso, Cabo Verde, Cote d'Ivoire, The Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, and Togo. This change follows the recognition of the Ghana Card as a global electronic passport by the International Civil Aviation Organization (ICAO) and makes Ghana one of the few countries in the world where the national identification card can be used as an e-passport. When negotiations are completed on the topic, travel to non-ECOWAS countries using the Ghana Card will also be possible, though the implementation timeline is not yet known.

Luxembourg: Delays in Appointments with Ministry of Foreign Affairs – Foreign nationals seeking to schedule appointments at the Ministry of Foreign Affairs to submit biometric data and collect residency permits can anticipate waits of approximately one month, and two to four weeks, respectively. This is a significant increase in comparison to the usual one to three days for appointments to submit biometric data and five days to collect the residency card. These delays do not impact the foreign national’s ability to start working in Luxembourg upon their arrival.

Russia: Medical Examination Changes for Visa and Residency Permit Holders – As an additional update to the continually changing medical examination rules that are required when foreign nationals arrive in Russia for all types of entry purposes (more information available here), the Russian government has published the following information: (a) COVID-19 is not considered an infectious disease dangerous to others for the purpose of this examination, thus testing for it is excluded; (b) results of previous medical examinations conducted in Russia within one year of the immigration application are valid for the purposes of the application and will now be taken into account; and (c) tuberculosis testing will be conducted on foreign nationals above the age of six, and immunodiagnostics rather than an X-ray will now be performed for the tuberculosis test for those under the age of 18. Fragomen will report on further relevant updates when available.

Sao Tome and Principe: Entry Tax for Visa-exempt Nationals Approved – The Council of Ministers approved a tax of EUR 20 on visa-exempt nationals entering Sao Tome and Principe for tourism or business. The entry tax is expected to take effect on June 1, 2022. The entry tax is expected to generate revenue to cover the operating costs of diplomatic missions abroad.

Slovakia: Dual Citizenship Forthcoming – Effective April 1, 2022, Slovak citizens resident abroad for at least five years will be able to retain their Slovak citizenship if they acquire citizenship in another country, which is not currently permitted. Additionally, minor children will be able to retain Slovak citizenship if acquiring another citizenship by adoption. Individuals who lost Slovak citizenship in the last 10 years under stricter citizenship rules will be able to apply to reobtain Slovak citizenship.

United States/Ukraine: Certain Travelers From Ukraine Exempt from COVID-19 Requirements for U.S. Entry Through April 1 – Through 11:59 PM EDT on April 1, 2022, certain nonimmigrants from Ukraine entering the United States are exempt from the COVID-19 vaccination requirements, according to an amended Department of Homeland Security (DHS) national interest exception (NIE) order. In addition, all U.S. citizens, green card holders, and nonimmigrants traveling with U.S. citizens and green card holders from Ukraine are also exempt from the pre-departure COVID testing requirement through April 1, 2022 if they were present in Ukraine on February 10, 2022, according to an updated Centers for Disease Control and Prevention (CDC) order. Both orders were initially set to expire on March 1, 2022. Nonimmigrants traveling from Ukraine will be permitted to enter the United States without showing proof of COVID-19 vaccination or a negative COVID-19 test result prior to boarding a flight to the United States if they: (1) are traveling with a U.S. citizen or lawful permanent resident; (2) were physically present in Ukraine as of February 10, 2022; and (3) possess valid travel documents allowing them to travel to the United States. Nonimmigrants who traveled under the NIE to the vaccine requirement will be required to receive a COVID-19 test within three to five days of arrival in the United States; self-isolate in the event of a positive post-arrival COVID-19 test or the development of COVID-19 symptoms; and become fully vaccinated for COVID-19 within 60 days of arrival in the United States if intending to stay for more than 60 days.