Weekly Immigration Update: January 21–27, 2022
January 27, 2022
In immigration news this week:
- Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and health requirements based on several factors, including fluctuating infection rates and growing vaccination initiatives. Visit Fragomen’s COVID-19 website for the latest immigration updates.
- United States: The White House unveiled several policy expansions and clarifications to help attract and retain foreign nationals working in science, technology, engineering, and mathematics (STEM) fields in the United States. The new initiatives affect F-1 and J-1 students in STEM academic fields, and STEM workers seeking the O-1 extraordinary ability nonimmigrant classification and permanent residence under the National Interest Waiver (NIW) program. Non-U.S. individuals seeking to enter the United States from Canada or Mexico by land or ferry for all purposes are now required to provide proof of full vaccination against COVID-19 unless they qualify for an exception.
- Brazil: A one-year digital nomad visa now offers foreign nationals who are employed outside Brazil or provide services outside Brazil the option to reside in and work remotely from Brazil without local employer sponsorship.
- Saudi Arabia: The Saudi Ministry of Investment (MISA) published additional guidance on the Regional Headquarters program which incentivizes companies to set up their regional headquarters in Saudi Arabia by obtaining a Regional Headquarters business license. The licenses are now available.
- Austria: The minimum salary level increased, as noted in our consolidated minimum salary alert page.
These items and other news from Cyprus, Ghana, Kazakhstan, Portugal, Romania, Russia, South Africa, Sweden, and Ukraine follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, January 27, 2022
Beginning January 28, 20,000 Additional H-2B Visas Become Available for First Half of FY 2022
- Beginning January 28 and through March 31, 2022, employers will be able to petition for an additional 20,000 H-2B quota numbers for temporary non-agricultural positions with start dates on or before March 31, 2022.
- The supplemental H-2B allocation consists of 13,500 visas available to returning workers who were granted an H-2B visa or have held H-2B status in fiscal years 2019, 2020, or 2021, and 6,500 visas for nationals of Haiti, El Salvador, Guatemala, and Honduras, regardless of whether they are H-2B returning workers.
- Petitioners must attest that their business is likely to suffer irreparable harm if they are unable to hire additional H-2B workers.
To view entire article, click here.
Saudi Arabia, January 26, 2022
Further Details Released on Regional Headquarters Program
- The Saudi Ministry of Investment (MISA) published additional guidance on the Regional Headquarters program which incentivizes companies to set up their regional headquarters in Saudi Arabia by obtaining a Regional Headquarters’ business license. The licenses are now available.
- Companies are eligible for the Regional Headquarters’ business license if they are conducting business in more than one jurisdiction and are seeking to establish a presence in Saudi Arabia to support, manage, and provide direction to their branches, subsidiaries and affiliates in the Middle East and North Africa, among other requirements.
- It is expected that in January 2024, a new law will be implemented which will restrict international businesses without regional headquarters in Saudi Arabia from contracting with agencies, institutions and funds owned by the Saudi government.
- Companies who obtain the Regional Headquarters’ business license may benefit from exemptions from select Saudi requirements and government fee waivers, although no specific details or mechanisms have been published yet.
To view entire article, click here.
Brazil, January 25, 2022
Digital Nomad Visa Introduced
- Brazil introduced a one-year digital nomad visa which offers foreign nationals who are employed outside Brazil or who provide services outside Brazil the option to reside in and work remotely from Brazil without local employer sponsorship.
- However, the visa does not allow foreign nationals to perform local work in Brazil.
- Eligible applicants must have a minimum monthly income of USD 1,500 or an available bank balance of USD 18,000 from sources outside of Brazil.
- The visa has been officially implemented, but the government may take a few days to begin processing applications.
To view entire article, click here.
United States, January 21, 2022
White House Announces Expansion of STEM OPT Program and Other Initiatives to Attract STEM Talent
- The F-1 STEM optional practical training (OPT) extension will be expanded to 22 new degree fields, including economics and computer science, mathematical economics, data science, and data, business and financial analytics.
- STEM students in the J-1 exchange visitor program will be eligible for up to 36 months of OPT, increased from 18 months.
- New USCIS policy guidance addresses the eligibility of workers in STEM fields for the O-1A extraordinary ability nonimmigrant category and for the National Interest Waiver (NIW) of permanent labor certification in the green card process. The new guidance also clarifies the eligibility of entrepreneurs for the NIW.
To view entire article, click here.
United States, January 21, 2022
Starting January 22, COVID Vaccination Required for Non-U.S. Travelers Entering by Land or Ferry from Canada or Mexico
- Starting January 22, 2022, the Department of Homeland Security (DHS) will require non-U.S. individuals seeking to enter the United States from Canada or Mexico by land or ferry for all purposes – including “essential” activities such as work, business or education – to provide proof of full vaccination against COVID-19.
- U.S. citizens, U.S. lawful permanent residents and U.S. nationals are not subject to the vaccination requirement.
- Exceptions from the vaccine requirement exist for children under 18 and individuals with medical contraindications, among others.
- The vaccine requirement is currently scheduled to expire on April 21, 2022, but is likely to be extended.
To view entire article, click here.
Other weekly news briefs
Cyprus: Eligibility and Process for New Company Registration Program – As an update, Cypriot authorities published detailed guidance on eligibility requirements and the application process for companies seeking registration via the newly-established Business Facilitation Unit. Both new and existing companies are eligible, in any industry, provided they have 51% foreign (non-Cypriot and non-EU) share capital ownership. Interested companies must submit a business plan, corporate documents and (if already available) audit reports, proof of local business activity and local office lease. Companies do not have to demonstrate additional investment in Cyprus. Applications are filed by mail by a registered lawyer and are approved in approximately two business days. Successful applicants can then sponsor foreign national staff for work and residence authorization under the Highly Skilled Worker route. Foreign nationals must be locally hired on at least two-year contracts and must receive at least EUR 3,872 gross per month to be eligible. By March 1, 2022, the Business Facilitation Unit will also offer tax and social security registration services. Fragomen will monitor the new application route and will report on relevant developments.
Ghana: Foreign Nationals Must Use Non-Citizen Identification Card for Banking Transactions – The Bank of Ghana announced that the Non-Citizen Identification Card (NCC) will be the only type of identification accepted for foreign nationals conducting banking and financial transactions in Ghana, effective July 1, 2022. Currently, foreign nationals can use their passports as identification. Foreign nationals should be aware that the change will affect their transactions at Specialized Deposit-Taking Institutions; Non-Deposit-Taking Financial Institutions; Payment Service Providers and Dedicated Electronic Money Issuers; Forex Bureaus and Credit Reference Bureaus. Ghanaian nationals will be able to continue using their passports, voter identification card or NCC.
Kazakhstan: 2022 Quota Published – Kazakh authorities have published the 2022 work authorization quota at 28,352 spots, up 0.2 percent from the 2021 quota. The quota numbers are based on employer quota applications. As before, the quota is allocated among the regions in Kazakhstan. Regional employment departments are now accepting initial and renewal work permit applications under the quota.
Portugal: Non-Visa-Related Appointments Still Unavailable – As an update, non-visa-related appointments have been unavailable since July 2021, as a result of the Immigration Services Agency's tasks being reallocated to several public services agencies. Affected applications include family member applications where family members are already in Portugal based on, for example, a visa-exempt passport or alternative visa; EU Intra-Company Transferee Permit applications; and applications by EU permit holders. Fragomen anticipates that the situation will likely be resolved after a new government is formed following the January 30, 2022 elections.
Portugal: Update on Online Immigration Systems – As an update, online visa application services are progressing, with many consular posts now accepting online visa appointment scheduling, online or email document submission and/or online application filing. Regional variations continue to apply to the level of online consular services. Temporary residence permit renewal applications have also moved online for adult applicants for standard permits. EU Blue Card renewals, EU Long-Term Residence Card renewals, and children still require in-person renewal appointments. Although the Portuguese Immigration and Border Service (SEF) announced in 2018 that it intended to move initial residence permit applications online as well, this project has experienced delays due to the pandemic.
Romania: Immigration Processing Delayed by Several Months – Immigration processing is delayed by several months across all permit types due to staffing issues and appointment overbooking. Every stage of the immigration process is impacted, including scheduling appointments for work authorization application filing, visa processing, residence permit processing and subsequent dependent applications. Employers and foreign nationals are advised to anticipate work start delays and initiate cases early.
Russia: New Fingerprinting and Photographing Submission Center Opens – Further to the updated fingerprinting rules implemented in Russia, foreign nationals and dependents can now submit medical certificates and undergo fingerprinting and photograph procedures at a new Migration Center office in Moscow located at Bakhrushina Street 18. This office does not conduct medical exams. Foreign nationals must undergo a medical exam at an authorized clinic in Moscow and obtain their medical certificates before visiting the Migration Center office at Bakhrushina Street 18. The government is expected to add more authorized medical institutions, including three private clinics, though details about this expansion have not yet been published. Fragomen will report on relevant developments.
South Africa: Extension of Stay for Holders of Expired Zimbabwe Exemption Permits – South Africa’s Department of Home Affairs issued a directive allowing Zimbabwean nationals who are holders of expired Zimbabwe Exemption Permits (ZEP) to continue to remain in South Africa until December 31, 2022 – an extension of 12 months – while applying for other visas. During the extended period, ZEP holders will not be arrested, deported or detained for not having a valid permit; they will not be declared illegal; they will be allowed to enter and depart South Africa provided they comply with entry and departure requirements; and they will not be required to provide an authorization letter (showing good cause for the expiration of their permit or waiver) to remain in South Africa or to apply for any other visa within South Africa.
Sweden: Case Processing Delays – Immigration applications in Sweden face several weeks' processing delay, even for fast-track certified companies whose applications are typically expedited. Processing times are four to six weeks for initial applications (up from two to four weeks) and three to four months for renewals and permanent residence applications (up from two to three months), and may be prolonged due to an accumulating backlog in the coming weeks. Delays are due to an increase in application volume and permanent residence permit process changes, causing longer case review for these applications. Companies are advised to initiate cases early and to ensure thorough provision of documents and information to make case processing more efficient.
Ukraine: Visa Waiver for Belarus Nationals Extended – Ukraine has extended the 180-day multiple entry visa waiver, which covers both business and tourist visits and D visa applications, for nationals of Belarus, by another year. The waiver now applies until December 31, 2022.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
