Weekly Immigration Update: January 7–13, 2022
January 13, 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: According to the State Department’s February Visa Bulletin, there will be further advancements in the EB-2 India and China final action dates.
- Colombia: A new nationality-based, two-year visa category, and the option to apply for permanent residence after two years is now available to eligible nationals of Bolivia, Ecuador and Peru and their families.
- Mexico: Effective January 21, nationals of Venezuela will no longer be visa-exempt when entering Mexico for tourism and business and must instead obtain a consular Visitor Visa for entry.
- United Kingdom: Care workers are expected to be temporarily added to the Shortage Occupation List in early 2022, allowing care workers, care assistants, and home care workers to qualify for sponsorship and the Health and Care visa.
- Finland: By June, the government plans to launch a new visa type, the D visa, and a new fast-track service route for processing applications from specialists and start-up entrepreneurs.
- Minimum Salary Updates: Azerbaijan and Serbia increased their national minimum wages. See this consolidated alert for more information.
These items and other news from Albania, Belgium, Ireland, India, Kazakhstan, Luxembourg, Montenegro, Poland, Singapore, Sweden, the United Arab Emirates, and the United States follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, January 13, 2022
February 2022 Visa Bulletin – Further Advancements in EB-2 India and China
- EB-2 India Final Action dates will advance by almost six months to January 1, 2013. EB-2 China will advance by more than five weeks to March 1, 2019.
- EB-3 India and EB-3 China Professional/Skilled Worker Final Action dates will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively.
- EB-5 China (Non-Regional Center program) remains current next month.
- EB-1 China and EB-1 India will remain current next month.
- The February Dates for Filing remain mostly unchanged from last month, though EB-2 India advances almost two months to September 1, 2013.
To view entire article, click here.
Kazakhstan, January 12, 2022
Immigration Processes Disrupted
- Due to political unrest in Kazakhstan, immigration processes are being disrupted. Most government offices are currently closed, affecting both in-person and online application processes.
- Work and residence permits, visas and certificates for stateless persons are automatically extended for the duration of the state of emergency, currently scheduled to end January 20, 2022
- Foreign nationals and employers should expect delays to pending applications and work start dates, among other issues.
To view entire article, click here.
United Kingdom, January 11, 2022
Care Workers to be Added to Shortage Occupation List
- The United Kingdom Visas and Immigration announced that care workers will temporarily be added to the Shortage Occupation List, allowing care workers, care assistants, and home care workers to qualify for sponsorship and the Health and Care visa. Currently, they are ineligible for the Health and Care visa.
- The change will make it easier for employers to sponsor foreign national care workers and will reduce application costs.
- The temporary measure is expected to be implemented in early 2022 for a minimum of 12 months.
To view entire article, click here.
Poland, January 10, 2022
Legislation Streamlining Immigration Processes Forthcoming
- Legislation implementing streamlined immigration regulations in Poland is forthcoming regarding Single Permits applications; family reunification under Blue Cards and Pole Cards; visa processing; special permission and work permit processing; and deadlines for authorities adjudicating immigration applications.
- The regulations are expected to enter into effect in the second half of January.
- The changes are intended to attract foreign nationals and business to Poland.
To view entire article, click here.
Albania, January 10, 2022
New Single Permit Available for Digital Nomads and Others
- The Albanian government introduced a legislative framework for a single permit for work and residence, called the Unique Permit, which is similar to Single Permits issued within the European Union.
- The Unique Permit will be accessible to a much broader group of applicants than are currently eligible for immigration status in Albania, and includes digital nomads in the eligibility pool.
- Ministerial decrees are required for most elements of the new law to take effect, and are expected to be published by mid-2022.
- Additionally, the new law has improved the online visa system.
To view entire article, click here.
Finland, January 10, 2022
Fast Track Processing for Specialists and Entrepreneurs and Introduction of D Visa
- By June 2022, the government of Finland plans to launch a new visa type, the D visa, and a new fast-track service route for processing applications submitted by specialists and start-up entrepreneurs.
- Both changes are intended to streamline immigration processes and attract skilled workers to Finland.
To view entire article, click here.
Colombia, January 7, 2022
New Nationality-based Visa Category and Permanent Residence Available for Nationals of Bolivia, Ecuador and Peru
- Colombia has implemented the previously-approved Andean Immigration Statute and is now offering a new nationality-based, two-year visa category and the option to apply for permanent residence after two years for eligible nationals of Bolivia, Ecuador and Peru and their families.
- The visa is similar to the Mercosur Visa in that it offers a simplified application process, without the need for employer sponsorship and a route to permanent residence after two years.
To view entire article, click here.
Mexico, January 7, 2022
Visa Exemption Revoked for Nationals of Venezuela
- Effective January 21, 2022, nationals of Venezuela will no longer be visa-exempt when entering Mexico for tourism and business and must instead obtain a consular Visitor Visa for entry.
- As a result, Venezuelan nationals seeking to enter Mexico for tourism or business may encounter administrative hurdles, additional costs and potential delays.
- Certain Venezuelan nationals may still be visa-exempt if they hold an eligible visa or immigration status from another country.
To view entire article, click here.
Other weekly news briefs
Belgium/Luxembourg: Delayed Long Stay Visa “D” Processing for VFS in the Philippines – The Belgian Visa Facilitation Service (VFS) and Luxembourg VFS office in the Philippines are experiencing processing delays. The standard government processing time for this visa was previously two to three weeks, but is now up to 12 months. Applicants should plan for this delay and should submit applications early to avoid start date delays.
India: Deadline Extended Further for Re-Issuance of OCI Cards – The deadline for individuals holding Overseas Citizen of India (OCI) cards to have their new cards re-issued with new passport numbers has been extended further to December 31, 2022, from a previous deadline of December 31, 2021. According to current regulations, OCI cards must be re-issued each time a cardholder who is 20 years of age or older, obtains a new passport.
Ireland: Dublin-based Applicants to Schedule Registration Appointments by Phone – Effective the week of January 10, 2022, Dublin-based Irish Residence Permit card applicants seeking initial registrations must schedule appointments by phone instead of online. The Irish authorities have retired the current online system and are expected to launch a new online booking system this year. Applicants frequently encountered problems with the outgoing system due to third-party 'block booking' and appointment availability issues - challenges that are common in online appointment booking systems across Europe. The new system, when launched, is expected to rectify these problems. Fragomen will publish an update when further details are available.
Kazakhstan: Visa Waiver Resumes for 54 Countries – The visa waiver program for nationals of 54 countries for business and tourism, suspended in 2021 due to the pandemic, has resumed. Nationals of these countries can travel to Kazakhstan for up to 30 days per trip, not exceeding 90 days in a 180-day period. Unless exempt, travelers must obtain Interdepartmental Committee (IDC) entry permission before travel under pandemic-related restrictions. Similarly, the transit visa waiver for nationals of India and Mainland China has resumed. These nationals can once again transit through Kazakhstan without requiring an additional visa. Note that travel to Kazakhstan is affected by current political events.
Luxembourg: Significant Increase in Digital Inspections – Luxembourg authorities are conducting a significantly increased number of audits, particularly checking compliance with posted worker rules. Inspections target immigration, tax, social security and labor law compliance. Supporting documents are now typically required to be in French and German, where they were previously accepted in English as well. As inspection officials typically grant only 15 days to provide additional information or correct documents before imposing fines, employers are advised to arrange document translations in a timely manner. A significant number of audits are conducted via the online posted worker notification platform and are not conducted at the physical worksite. Fragomen will monitor the situation and will report on relevant developments.
Montenegro: Relaxed Requirements for Work and Residence Permits – The government of Montenegro has introduced two amendments to work and residence permit documentary requirements and processes. An offer of employment is now considered to be valid proof of means of support for employment-based work and residence permits; additional documents, such as pay slips, are no longer required. The offer of employment must state that the future employer will pay at least the minimum net salary (currently EUR 450) to the foreign national. Additionally, foreign nationals may authorize their employer, legal representative, or any other individual to take over their residence permit or work and residence permit. This must be requested during the filing of the initial residence or work and residence permit and must be approved by a police clerk.
Russia: Upcoming Deadline for Q4 2021 Salary Notifications for Highly-Qualified Specialists – Employers have until January 31, 2022 to file fourth quarter notifications for salaries paid to highly-qualified specialists (HQS) using new notification forms. The notification must state the salary paid to HQS from October 1, 2021 through December 31, 2021. The reported HQS salary should be no less than RUB 167,000 per calendar month or RUB 501,000 per quarter (if there was a break in work during the reported period). Violations of the established notification procedures, including failure to notify, will result in administrative fines for the employer.
Singapore: Further Delays in Issuance of Vaccination Verifications Prolonging Visa Application Processing for Certain Dependents – Fragomen has observed that Vaccination Requirements (VR) applications are taking longer than two months to process, which is up from the government-published standard processing time of 10 working days, and even beyond the 20 working day processing time during periods where the government experiences a higher volume of applications. The Verification of VR approval from the Health Promotion Board (HPB) in Singapore – to confirm the completion of measles and diphtheria vaccinations according to Singapore schedule – must be obtained before immigration pass (Dependant Pass, Long Term Visit Pass or Student Pass) applications can be filed for foreign-born children 12 years old and younger.
Sweden: Fast-Track Company Registration Applications to be Temporarily Suspended – The Swedish Migration Agency will not accept applications for sponsoring companies to register under the Fast-Track program between February 1 and March 31, 2022. Fast-Track registered companies benefit from expedited and streamlined processing. Complete applications filed by close of business on January 31, 2022 will still be processed in approximately four weeks. Applications requiring additional documents or information will be placed on hold until April 1, 2022. Companies are advised to submit extensive supporting documents and information on their operations to prevent such additional information requests. Companies interested in registering under the Fast-Track program are advised to seek immigration counsel and/or apply by January 31, 2022. The temporary suspension does not affect work authorization applications for foreign nationals sponsored by registered Fast-Track sponsoring companies.
United Arab Emirates: New Business License for Freelancers Announced in the Dubai Airport Free Zone – The Dubai Airport Free Zone Authority has announced the introduction of a special business license for freelancers seeking to do business in the fields of art, consulting, marketing, media, technology, and education. The new license, called “Talent Pass,” is available to self-employed individuals with specific skills and expertise. License holders can practice commercial activities within the Free Zone based on a three-year employment residence permit. The Authority has not yet published eligibility criteria and information on the application process for the License.
United States: Latest DOL PERM and PWD Processing Times – As of December 31, 2021, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in July 2021 or earlier, and processing audited cases with priority dates of March 2021 or earlier. DOL is working on standard reconsideration requests that were appealed in July 2021 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM requests filed in April 2021 (OES) and March 2021 (non-OES), and H-1B requests filed in May 2021 (OES) and March 2021 (non-OES). The agency has been processing PERM and H-1B redeterminations requested in November 2021. PERM center director reviews requested in December 2021 remain pending. These reports are available on the DOL FLAG page.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.