Weekly Immigration Update: January 20–26, 2023

Guyana, January 26, 2023
Work Permit Application Submission Required for Entry Permit Adjudication

• Based on verbal communications by the Ministry of Home Affairs, the Ministry will only process applications for Permission to Land permits (PTL) or Employment Visas on Arrival (EVOA) if the foreign national has also submitted the accompanying Work Permit application, effective immediately.
• Foreign nationals who already submitted a PTL or EVOA application but have not yet received a decision will not have their PTL or EVOA application adjudicated until they submit a Work Permit application if they have not done so yet.
• PTLs and EVOAs allow foreign nationals to work during the processing of their Work Permit application. Therefore, employers and foreign nationals should ensure that they file Work Permit applications as soon as possible to avoid delays.
• Previously, foreign nationals could submit the Work Permit application at any time after obtaining a PTL or an EVOA

To view entire article, click here.

 

United States, January 25, 2023
DHS Extends and Redesignates Haiti for Temporary Protected Status, Extends Relaxed Employment Options for Haitian F-1 Students

• The Department of Homeland Security (DHS) has extended and redesignated Haiti for Temporary Protected Status (TPS), from February 4, 2023 through August 3, 2024. 
• The initial registration period for new TPS applicants will run from January 26, 2023 through August 3, 2024. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
• Current Haitian TPS beneficiaries who wish to extend their benefits will be required to re-register by March 27, 2023. Those whose EADs expire on February 3, 2023 will receive an automatic extension, through February 3, 2024.
• DHS is also extending the suspension of certain employment authorization rules for Haitian students in F-1 status who are experiencing severe economic hardship as a direct result of the crisis in Haiti.

To view entire article, click here.

 

Slovakia, January 25, 2023
New Immigration Law Implemented Affecting EU and Non-EU Nationals

• As of January 1, 2023, a new law has gone into effect in Slovakia affecting immigration processes for both European Union and non-EU nationals.
• Major changes include expanding the categories of workers who are exempt from labor market testing; requiring information card notifications to be submitted to the Labor Office for certain EU nationals; allowing non-EU nationals on Single Permits to remain employed while their renewal application is pending; and shortening the period where non-EU nationals holding Residence Permits for Family Reunification require an additional work permit.
• These changes are intended to create a more streamlined immigration process and allow for employers to retain the necessary required talent for their businesses to grow.

To view entire article, click here.

 

Ecuador, January 25, 2023
Temporary Shutdown of Online Visa Application Platform

• The Ministry of Foreign Affairs in Ecuador has temporarily shut down its online visa application system until at least February 1, 2023.
• During this time, the Ministry will update the system with changes to the immigration law that are expected to go into effect in February 2023.
• As all visa applications are submitted online and all visas are digitally issued, employers and foreign nationals may not be able to submit any initial or renewal visa applications and may not receive any adjudications on their applications until the system is back online.
• Fragomen is in contact with the Ministry of Foreign Affairs for additional details regarding the shutdown, possible solutions and upcoming immigration process changes

To view entire article, click here.

 

Pakistan, January 25, 2023
Accession to Hague’s Apostille Convention

• On March 9, 2023, Pakistan will become the 123rd member to accede to the Convention Abolishing the Requirements of Legalization for Foreign Public Documents, commonly referred to as the “Apostille Convention” or the “Hague Convention”.
• Pakistan’s accession to the Apostille convention will allow documents originating in Pakistan, such as education certificates and birth certificates, and those legalized according to the requirements of the treaty, to be accepted in the 122 member countries. It will also allow documents similarly processed and originating from other Hague member countries to be accepted in Pakistan.
• The new process streamlines recruitment and immigration processing for employers and foreign nationals in Pakistan by reducing processing times and avoiding complicated legalization steps at consulates. It also streamlines immigration processes for Pakistani nationals in the other 122 Hague member countries. However, individuals should expect temporary delays as the new process is implemented across consulates

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United States, January 24, 2023
USCIS Extends COVID-19 Accommodations on RFEs, NOIDs, Appeals, and Other Responses Through March 23, 2023; Likely the Final Policy Extension

• Due to the continuing impact of COVID-19, USCIS is extending its deadline extension policy through March 23, 2023.
• Petitioners and applicants will continue to have an additional 60 days to respond to requests for evidence, notices of intent to deny or revoke, notices of intent to terminate EB-5 regional investment centers, and certain other notices dated between March 1, 2020 and March 23, 2023, inclusive.
• Employers and foreign nationals will also continue to have 90 days to file a Form I-290B appeal or motion or Form N-336 hearing request to reopen a USCIS decision that was issued between November 1, 2021 and March 23, 2023, inclusive.

To view entire article, click here.

 

United States, January 23, 2023
USCIS Agrees to Resume Processing H-4 and L-2 Dependent Applications with a Principal’s Form I-129, Per Litigation Settlement

• Under a settlement agreement struck in federal court late last week, USCIS will adjudicate H-4 and L-2 applications for extensions or changes of status and work authorization with a principal’s Form I-129 nonimmigrant petition when those forms are concurrently filed.
• Concurrent adjudication could help to reduce the lengthy processing times that have affected H-4 and L-2 dependent applications for several years.

To view entire article, click here.