Weekly Immigration Update: January 22–28, 2021

In immigration news this week:

• Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and quarantine measures, and many have implemented extension policies and other concessions. Visit Fragomen’s COVID-19 website for the latest immigration updates.
• Brexit: Information has been updated on post-Brexit residence permits or residence registration options (‘Article 50 residence permits’) for current UK national residents and their non-EU national family members in France, Germany, Poland and Sweden. Check this consolidated information page for more information.
• Minimum salary requirements: Albania updated its 2021 minimum salary level. Check this consolidated information page for more information.
• United States: President Biden issued a proclamation reinstating the regional COVID-19 travel bans which prohibit the entry of foreign nationals who have been physically present in Brazil, the European Schengen countries, Ireland and the United Kingdom prior to their travel to the United States. The proclamation also adds the Republic of South Africa to the list of countries subject to the travel bans, starting at 12:01 am EST on January 30. A U.S. federal appeals court has delayed its December 2020 decision barring enforcement of the Department of Homeland Security’s public charge rule in several states, in anticipation of a U.S. Supreme Court decision on whether it will hear one of two public charge challenges currently seeking review. In connection with the COVID-19 emergency, ICE is extending its remote I-9 document inspection policy and USCIS is extending its deadline extension policy through March 31. 
• Croatia: A Digital Nomad visa now allows foreign nationals the option to reside and work remotely from Croatia for up to one year without local company sponsorship.
• Belgium: Foreign workers in Flanders will see several improvements take effect March 1, including a new flexible immigration route for short-term work, clarifications about frontier worker permits, and new work visa exemptions, among other changes.

 

These items and other news from Belarus, Colombia, the Dominican Republic, the European Union, France, Guatemala, Oman, Russia, Thailand and the United Arab Emirates follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, January 28, 2021
USCIS Extends Existing COVID-19 Accommodations on RFEs, NOIDs, Appeals and Other Responses Through March 31, 2021

• Due to the ongoing COVID-19 emergency, USCIS is extending its 60-day deadline extension policy through March 31, 2021.
• Petitioners and applicants will 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 31, 2021.
• Employers and foreign nationals will also have 60, rather than 30, days to file any appeal or motion to reopen a USCIS decision that was issued between March 1, 2020 and March 31, 2021. 

 

To view entire article, click here.

 

United States, January 28, 2021
ICE Extends Interim COVID-19 Protections for Form I-9 Compliance Through March 31

• Due to the ongoing COVID-19 emergency, U.S. Immigration and Customs Enforcement is extending its remote I-9 document inspection policy through March 31, 2021.
• Eligible employers will not be required to review I-9 identity and employment authorization documents in the employee’s physical presence until the interim policy expires or until three days after the COVID-19 emergency is over, whichever comes first. 
• The relaxed policy only applies where company employees are working remotely due to the COVID-19 emergency. 

 

To view entire article, click here.

 

Belgium, January 28, 2021
Economic Migration Policy Updates in Flanders

• Foreign workers in Flanders will see several improvements come into force on March 1, 2021, including a new flexible immigration route for short-term work; clarifications about frontier worker permits; and new work visa exemptions, among other changes.
• Many of these changes aim to simplify administrative formalities involved in the immigration process and improve labor mobility for foreign nationals in the Flanders region.
• Several restrictions will also apply, including a new requirement for employers to notify authorities of more work-related changes; and new restrictions for in-country applications; and limitations for the duration of the validity of posted workers’ work authorization.

 

To view entire article, click here.

 

United States, January 25, 2021
President Biden Reinstates COVID-19 Bans for Europe and Brazil, and Adds South Africa

• President Biden has issued a proclamation reinstating and renewing without interruption the regional COVID-19 travel bans in place for Brazil, European Schengen Countries, Ireland and the United Kingdom. These restrictions were set to expire on January 26 per an order by President Trump in his final days in office, but are now in place indefinitely. 
• The proclamation also makes the Republic of South Africa subject to the COVID-19 travel restrictions, effective 12:01 am EST January 30.
• Foreign nationals who have been physically present in one of the enumerated countries within 14 days of travel to the United States will be barred from entry, unless they qualify for an exception. 
• In addition to the restrictions outlined in the proclamation, starting tomorrow, all international travelers over the age of two will be required to take a COVID-19 test prior to flying to the United States. 

 

To view entire article, click here.

 

United States, January 22, 2021
Ninth Circuit Delays Its Decision to Bar Application of DHS Public Charge Rule for Several States

• The U.S. Court of Appeals for the Ninth Circuit has delayed its December 2020 decision barring enforcement of the DHS public charge rule in several states, in anticipation of a U.S. Supreme Court decision on whether the Court will hear one of two public charge challenges currently seeking review.
• The public charge rule continues to remain in effect nationwide at this time. 

 

To view entire article, click here.

 

United States, January 22, 2021
February 2021 Visa Bulletin: Movement Across Most Employment-Based Categories; USCIS to Honor Final Action Dates for Employment-based Categories

• EB-1 China and EB-1 India Final Action dates will advance by four months to January 1, 2020. 
• EB-2 China will advance by two weeks to June 15, 2016, and EB-2 India will advance by four days to October 12, 2009.
• EB-3 China will advance by two weeks to January 1, 2018, and EB-3 India will advance by more than one week to April 1, 2010.
• EB-5 China will remain at August 15, 2015, and EB-5 Vietnam will advance by two weeks to October 1, 2017.
• USCIS has announced that it will honor Final Action dates for employment-based adjustment of status applications.

 

To view entire article, click here.

 

Croatia, January 22, 2021
Digital Nomad Visa Now Available

• Foreign nationals can now apply for a temporary stay permit without local company sponsorship, to stay for up to one year in Croatia.
• The new visa offers foreign nationals the option to reside and work remotely from Croatia, whereas all work permits in Croatia previously required local employer sponsorship.

 

To view entire article, click here.

 

Other Weekly News Briefs

Belarus: Government Fees Increase – Effective January 1, 2021, the basic unit increased 7.4% to BYN 29, up from BYN 27. The basic unit affects government filing fees and fines, among others. This results in a BYN 145 Special Work Permit fee, up from BYN 135; and a BYN 87 Temporary Residence Permit fee, up from BYN 81.  

Colombia: Remote Work Visa Forthcoming – A recently-approved Entrepreneurship Law directs the Ministry of Foreign Affairs to create a special visa for digital nomads and remote entrepreneurs to reside and work from Colombia. The implementation timeline of the new visa is not yet known as it is currently in the early stages of development. Further details are expected as the Ministry of Foreign Affairs drafts and publishes immigration legislation that will set forth details of the visa, eligibility, application process and requirements (which will include securing health insurance to cover the foreign national's stay in Colombia). Fragomen will report on developments.  

Dominican Republic/Russia: Visa Exemption Implemented – Nationals of Russia can now enter the Dominican Republic without a visa for up to 60 days in a 180-day period and vice versa. While nationals of the Dominican Republic can perform business activities in Russia under the visa-waiver agreement (provided the activities are not considered commercial, technical or employment activities), Russian nationals are only eligible for visa-free entry to the Dominican Republic for tourism or transit and must still obtain a business visa prior to travel to perform business activities in the Dominican Republic.

European Union: European Council Agree on Common Framework for Antigen and COVID-19 Tests – The EU Member States have unanimously agreed to a European Council recommendation setting a common framework for the use of rapid antigen tests and the mutual recognition of COVID-19 test results across the European Union. Key components of this recommendation include the validation and mutual recognition of rapid antigen tests and RT-PCR tests among EU Member States, the sharing of a standardised set of data through a digital platform, the development of a common list of COVID-19 rapid antigen tests, and a finding that the list of appropriate COVID-19 rapid antigen tests should be flexible enough for addition or removal of those tests whose efficacy is impacted by COVID-19 mutations, among other findings. Though the recommendations are not legally binding; they set out best practices which EU Member States are encouraged to follow.

France: UK Nationals Should Register Their Residence Permits Soon – UK nationals who started their assignment before the end of the Brexit transition period and who are entitled to register under the Withdrawal Agreement may face difficulties entering France if they have not filed their application but plan to do so online before June 30, 2021 if they cannot show that they established residence in France before the end of the transition period. The border authorities may request copies of residence permits or proof that the application has been filed. Posted Worker notifications alone may be subject to inquiry by the border authorities. Therefore, UK nationals who are eligible to apply for residence permits in France under the Withdrawal Agreement should register as soon as possible to obtain a registration number to demonstrate that they are covered under the Withdrawal Agreement. For more information, refer to the France entry on Fragomen’s consolidated Brexit alert.

Guatemala: New Mandatory Online Apostille System – Effective February 1, individuals must use the Ministry of Foreign Affair’s newly created electronic apostille system to request the apostille of public documents issued in Guatemala. Previously, individuals had to make this request in person. Individuals who filed an apostille request prior to February 1 are not affected by this change and should retrieve their apostilled document in person on the date indicated by the Ministry. Though processing may be delayed during the initial roll out of the new system, the Ministry expects it will be able to issue digital apostilles within 24 hours of the request, instead of the current three to five days.

Oman: List of Professions Restricted to Omani Nationals to be Expanded – The Ministry of Manpower expanded the list of professions for which only Omani nationals can be hired. The expanded list, which is expected to take effect in July, will include a number of positions across the service industry, including: financial and administrative professions in insurance companies and companies engaged in insurance brokerage activities; sales and accounting professions in entities operating in shopping malls; account auditing professions in car agencies; and professions related to the sale of new and used vehicles and spare parts for new vehicles. Foreign nationals currently working in the affected professions can maintain their position until their work permit expires. Employers seeking to hire new workers in the affected positions will only be able to hire Omani nationals.

Thailand: Updated Ministerial Regulation Impacts Permanent Resident Applicants – The Ministry of Interior issued an updated Ministerial Regulation adding COVID-19 to the list of diseases for which foreign nationals seeking to enter Thailand and those applying for Permanent Residency (PR) need to obtain clearance. A previous Ministerial Regulation issued in 1979 required Work Permit applicants and holders and PR applicants to provide a medical certificate clearing them of leprosy, tuberculosis, elephantiasis, drug addiction, alcoholism, and syphilis stage III, before they could file such applications. In practice, this update means that PR applicants in particular will have to obtain additional clearance for COVID-19 before filing a PR application. However, this does not currently apply to Work Permit applicants and holders (as this requirement is currently not required prior to entering Thailand to complete the work permit process) and such applicants obtain a medical certificate (clearing them of the six diseases) only when applying for a new work permit or work permit renewal at the Employment Department (i.e., after entry into Thailand). However, it is possible that this requirement could be enforced on such work permit applicants in the future.

Thailand: Additional Documentary Requirements to allow Third Party Filing of 90-Day Report –The immigration office at the One Stop Service Centre (OSSC) has implemented new documentation requirements for filing 90-Day Reports via a third party. Long-term visa holders (including dependents) who are required to file the 90-Day Report (for stays in Thailand of 90 consecutive days each) must provide a signed Power of Attorney and a copy of their Work Permit to authorize a third party to submit the 90-Day Report to the OSSC on their behalf. Additionally, applicants who reside outside of Bangkok must provide a copy of the Notification of Residence of Foreigners (TM.30) for the 90-Day Report filing. Previously, applicants would only need to provide their passports and departure cards together with a completed 90-day report form (TM.47) when filing the 90-Day Report through a third party. Fragomen will monitor the situation and report on further developments.  

United Arab Emirates: Foreign Students to be Able to Sponsor Dependent Family Members – The Cabinet of the United Arab Emirates approved a resolution allowing foreign students in the country to sponsor their family members for residence permits, provided they have sufficient funds to support them. Details on the new policy are expected in the coming weeks, including which family members would be eligible, financial requirements, and when the law will take effect.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.