Weekly Immigration Update: January 28–February 3, 2022

European Union, February 3, 2022
Optional EU-Wide Posted Worker Notification Form In Development

• The European Commission is planning to develop an EU-wide, multilingual, common e-declaration form aimed at simplifying the Posted Worker Notification process across the European Union, scheduled for Q3-Q4 2022.
• The new notification form will be voluntary, allowing EU Member States the choice of using the new form; and would include a helpdesk functionality hosted by the European Labour Authority.
• The proposal is still in the drafting phase, with current and upcoming consultations ongoing between EU authorities, social partners and EU Member States.

To view entire article, click here.

 

Nigeria, February 2, 2022
Stricter Guidelines, Online Processes and Inspections Implemented for Immigration-Related Processes

• The Federal Ministry of Interior in Nigeria announced new guidelines for immigration-related processes, including requiring companies with Expatriate Quota positions in the ‘Permanent Until Reviewed’ immigration status to submit letters of approval before February 28, 2022; requiring companies to submit their monthly returns online; and implementing inspections by the Federal Ministry of Interior.
• Companies should ensure that they comply with the new guidelines or they may face fines or the cancelation of their employees’ immigration status.
• The new guidelines will allow the government to better regulate immigration processes.

To view entire article, click here.

 

Hungary, February 1, 2022
New Digital Nomad Status Available

• Hungary has introduced a one-year White Card, a new permit type suitable for digital nomads seeking to reside in Hungary while working for a foreign employer or foreign clients.
• The new permit offers a clear, streamlined process for digital nomads seeking to reside in Hungary without local sponsorship, where previously applicants could only apply under a less tailored immigration route.
• Applicants must demonstrate significant financial means to be eligible for the permit.

To view entire article, click here.

 

Russia, January 31, 2022
New Medical Requirements; Consolidated Summary of Recent Rules

• Since December 29, 2021, Russia has been implementing rules regarding medical examinations and fingerprinting/photographing for foreign nationals arriving for all types of entry purposes.
• Several clinics have since been added to the list of official clinics where foreign nationals can undergo medical examinations, and the government has issued clarifications to the rules (that this alert summarizes and consolidates).
• Most recently, foreign nationals entering for work for less than 30 calendar days became exempt from the medical examination, fingerprinting and photograph requirements, making their entry less administratively burdensome.

To view entire article, click here.

 

United States, January 28, 2022
USCIS Announces Registration Schedule for FY 2023 H-1B Cap Season

• The FY 2023 cap registration period will open at noon ET on March 1, 2022 and will close at noon ET on March 18, 2022. All cap registrations must be drafted and submitted online during this period.
• Prospective H-1B cap employers may use their existing “registrant” myUSCIS accounts for FY 2023 cap registration. Employers setting up new “registrant” accounts may do so beginning Monday, February 21 at noon ET and continuing through the registration period.
• After registration closes, USCIS will conduct the FY 2023 H-1B cap selection and notify sponsoring employers of selected entries by March 31, 2022.
• Employers may submit petitions for selected registrations starting April 1, 2022. The petition filing period will close no earlier than June 30, 2022.

To view entire article, click here.

Belgium: Expat Tax Change May Impact Foreign National Salary Requirement – A new special tax regime took effect on January 1, 2022. Employers that opt for the new regime for employees under the current regime, or employers who will apply for this regime for new employees relocating to Belgium should contact their Fragomen immigration professional or email [email protected] as the new regime may impact immigration compliance.

Estonia: 2022 Work Authorization Quota Published – Estonia published the 2022 work authorization quota at 1,311 spots, down four spots from the 2021 quota. The quota is typically exhausted around June of any given year. As before, the following categories are quota-exempt: nationals of Japan, United States, and the United Kingdom; foreign nationals on science/research assignments; foreign nationals with residence durations under 12 months; top specialists (as defined by Estonian law); information technology and communications professionals; students; family reunification applicants; foreign nationals who are extending or renewing their permits; start-up entrepreneurs; and investors.

Iceland/United Kingdom: Working Holiday Scheme Implemented – Under a new working holiday scheme, UK nationals can now apply for a Working Holiday Residence Permit in Iceland, and Icelandic nationals can apply for Youth Mobility Scheme Visas in the United Kingdom. The two immigration pathways allow foreign nationals between the ages of 18 and 30 to work without traditional work sponsorship for two years. Holders of these visas and residence permits can remain in each other’s country for two years. The United Kingdom is the second country, after Japan, that has such an agreement with Iceland. Iceland, however, is the first and only EU member state that has reached such an agreement with the United Kingdom.

Israel: Streamlined Employment Access for Graduates Forthcoming – Graduates of academic programs in Israel in eligible high-tech fields will be eligible to seek employment and immigration sponsorship at recognized Hi-Tech companies without meeting the typical minimum salary requirement of at least double the average national salary, following a new rule implemented under the Hi-Tech visa path. Up to 500 applicants will have access to these favorable sponsorship conditions. Applicants must have graduated from eligible educational institutions no more than three years before the application date, and must receive no more than 150% of the average national monthly wage starting with the seventh month of employment. Foreign national students in part-time employment will also be eligible under this sponsorship route. The route will become available when the related regulations are published.

Kazakhstan: Update to Immigration Processes Since State of Emergency – The following is an update to the situation in Kazakhstan:

• The state of emergency has ended.
• Immigration processes and documents procurement processes are still delayed in the Almaty Region.
• In the Nur-Sultan region, immigration authorities, labour authorities and the Migration Police are operating normally.
• The Almaty Airport is now operating normally.
• Interdepartmental Committee permissions are being processed normally.

Mexico: Corporate Registration Update Reminder; Further Processing Delays Expected – As a reminder, employers registered with the National Immigration Institute (INM) must submit updated annual tax returns to the INM every year to renew their Corporate Registration Certificate. Employers that fail to renew their Corporate Registration Certificate by April 30, 2022 may be unable to continue sponsoring foreign nationals for initial or renewed temporary residence visas. Along with filing mandatory annual tax returns (which companies must submit to the tax administration service – SAT – by March 31, 2022), employers should also notify the INM of any changes in their legal representatives, registered address, branches, legal name, tax identification number or corporate purpose, if applicable, to keep their corporate file up-to-date. Companies that have a REPSE certificate must also submit it in order to update their registration file if they have not done so. As an additional reminder, an advance appointment is required to file a corporate registration update. As the previously reported backlog of online appointments has not subsided, employers should initiate their corporate registration update process as soon as possible. It currently takes the INM approximately one to eight weeks to process a corporate registration update application, during which time the INM may conduct an unannounced site visit to confirm a company's existence and operation. For other immigration applications, the previously reported delays have not subsided and may worsen in the next few months due to the high volume of corporate registration updates due by April 30.  

Mozambique: Mobility Agreement Ratified for Community of Portuguese-speaking Countries – Mozambique ratified an agreement permitting expanded mobility for nationals of the Community of Portuguese-speaking Countries (CPLP). The agreement was first signed by all nine member states of the CPLP in July 2021; however, it will not take effect in Mozambique until the authorities enact the required legal framework. The implementing legislation could include the issuance of numerous types of visas for CPLP nationals, including temporary stay visas, residence visas and residence permits. The CPLP countries are implementing this agreement to promote tourism and investment and to make it easier for nationals to work and reside in member states. Cape Verde, Sao Tome and Principe, Portugal and Guinea-Bissau have also ratified the agreement.

Romania: Increased 2022 Work Permit Quota – The Romanian government has issued 100,000 work authorization quota spots for 2022, up from 35,000 spots initially released for 2021 (increased to 85,000 spots in the course of 2021). The increase in quota spots is mostly tailored to non-graduate shortage roles. Employers and foreign nationals are advised to anticipate processing delays, as immigration authorities may not have the capacity to process the additional application volume.