Weekly Immigration Update: February 4–10, 2022

Denmark: Market Salary Rate Check Forthcoming for Extension Applications – Effective March 1, 2022, the Danish Immigration Authority (SIRI) will start checking whether extension applicants receive a salary consistent with salaries of local workers with similar qualifications in similar roles ('market salary rate'). Employers will be required to include a local classification of occupation code (DISCO-08 code) in both initial and renewal applications to enable the check. If SIRI finds a discrepancy, the case may be sent to a hearing to seek further information on the compensation package, which typically causes several weeks’ processing delay. The new policy will apply to all major employment-based permit types. Previously, extension applications were assessed against the salary requirement applicable when the initial permit was granted. For salaries over DKK 65,000 per month, or covered by a collective bargaining agreement (detailed requirements apply), the salary is typically presumed to comply with the rule. As local Danish salary rates have significantly increased over 2021, the new policy could require salary increases for many foreign nationals seeking renewal of their Danish permits. Employers are advised to review salaries of their foreign national employees with permits due to expire Q1-Q2 2022 to ensure salary compliance is assessed promptly.

South Africa: Critical Skills List Updated – The Department of Home Affairs in South Africa has issued a new Critical Skills list for Critical Skills visas and permanent residence permits that is effective immediately. The new list targets skills shortages in various sectors of the South African economy, which was last updated in 2014. New categories include the position of corporate general manager for medium enterprises or larger, and director and chief executive officer for enterprises and organizations. The Department of Home Affairs will no longer accept applications based on the 2014 list requirements.

United Arab Emirates: Wages Protection System Now Optional for Domestic Workers – The Ministry of Human Resources and Emiratization has implemented a rule whereby employers can optionally disburse salaries of foreign nationals in domestic worker categories through the Wages Protection System. The Domestic Worker category includes individuals working for private households as cooks, drivers, gardeners, housekeepers, nurses, and teachers, among others. The Wages Protection System (WPS) is designed to protect workers from delayed payment (or non-payment) of salaries and requires that the salaries are transferred electronically through bank accounts, exchange offices, and other financial institutions authorized by the UAE Central Bank. The WPS is currently mandatory for employers in the UAE mainland and in select free zones. 

United States: Global Entry Fully Opens to Eligible Citizens of Brazil – Effective February 8, 2022, qualified Brazilian citizens are eligible to apply for membership in the Global Entry Trusted Traveler Program, U.S. Customs and Border Protection (CBP) has announced. The announcement comes after a more limited pilot launched in November 2019. Successful applicants will benefit from expedited immigration and customs clearance when they enter the United States through a participating airport. Brazil now joins a growing list of 13 Global Entry partner countries with full arrangements, including Argentina, Colombia, Germany, India, Mexico, the Netherlands, Panama, the Republic of Korea, Singapore, Switzerland, Taiwan, and the United Kingdom. Brazilian citizens interested in Global Entry membership must set up an account in CBP’s Trusted Traveler Programs (TTP) website, complete a TTP online application, and pay a $100 non-refundable application fee. Applicants are subject to background checks and an in-person interview with a CBP officer. Once the background check is complete, CBP will notify applicants whether or not they have been accepted into the program. Global Entry membership is valid for five years, though a violation of program rules could result in revocation of membership privileges. Once a citizen of Brazil is enrolled in Global Entry, they may also be eligible to be selected for expedited security screening at U.S. airports through the TSA Pre-Check program.

United States: Latest DOL PERM and PWD Processing Times – As of January 31, 2022, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in August 2021 or earlier, and processing audited cases with priority dates of April 2021 or earlier. DOL is working on standard reconsideration requests that were appealed in August 2021 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM requests filed in August 2021 (OES) and April 2021 (non-OES), and H-1B requests filed in August 2021 (OES) and May 2021 (non-OES). The agency has been processing PERM redeterminations requested in December 2021 and H-1B redeterminations requested in January 2022. PERM center director reviews requested in December 2021 remain pending. These reports are available on the DOL FLAG page.