Weekly Immigration Update: July 21–27, 2023
July 27, 2023
In immigration news this week:
- United States: U.S. Citizenship and Immigration Services (USCIS) announced today that it will conduct a second lottery to select more H-1B cap registrations for FY 2024. Starting August 1, the Department of Homeland Security (DHS) will allow qualified E-Verify employers to use remote I-9 document inspection procedures. DHS will also issue a new edition of Form I-9 dated August 1, 2023, which will become mandatory for employers on November 1.
- Saudi Arabia: Foreign nationals from certain countries can now apply for the recently launched Business Visit Visa for investors.
- Thailand: The Board of Investment (BOI) has implemented new rules and criteria for employers filing work permit and visa applications under the BOI Single Window system.
- Israel: A recently published regulation allows the Minister of the Interior to grant residency permits to certain U.S. citizens with dual citizenship in Iran, Iraq, Lebanon, or Syria if there is evidence that the issuance of the permit is of special or important interest to Israel.
- Spain: Foreign nationals whose temporary residence status was at risk of termination because they had been outside of Spain for more than six months within a one-year period may now be able to renew their temporary residence status. The change results from a top court’s decision declaring the relevant rule void.
These items and other news from Australia, Benin, Brazil, Canada, Hungary, Japan, Kenya, Luxembourg, Malaysia, Mauritius, Mexico, Niger, Saudi Arabia, Singapore, Slovenia, and the United Arab Emirates follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, July 27, 2023
USCIS Will Run Second Lottery to Select More FY 2024 H-1B Cap Registrations
- Today, USCIS announced that it plans to run a second lottery of properly submitted FY 2024 H-1B cap registrations.
- The additional lottery is taking place because USCIS did not receive enough H-1B cap petitions during the initial 90-day filing period to meet the 85,000 quota for FY 2024.
- Employers and their representatives will begin receiving USCIS notifications that additional H-1B cap registrations were selected in a second FY 2024 cap lottery draw.
- USCIS will announce when it has completed the second lottery selection process and has notified all employers with newly selected registrations.
To view entire article, click here.
Saudi Arabia, July 27, 2023
Investor Visa Now Available
- Effective immediately, foreign nationals from certain countries can now apply for the recently launched Business Visit Visa for investors in Saudi Arabia.
- This visa provides a specific entry route for visiting investors, where none was previously available in Saudi Arabia.
- Unlike the traditional Business Visit Visa, this visa does not require proof of a sponsor, opening the door to more entrants to Saudi Arabia.
To view entire article, click here.
Israel, July 26, 2023
Entry Rules Relaxed for U.S. Citizens With Dual Citizenship in Iran, Iraq, Lebanon or Syria
- Israel recently published a regulation allowing the Minister of the Interior to grant a residency permit to U.S. citizens with dual citizenship in Iran, Iraq, Lebanon or Syria if there is evidence that the issuance of such a permit is of special or important interest to Israel.
- Eligible applicants will be allowed entry for up to 90 days but will not be able to perform work of any type.
- These changes are part of an understanding between Israeli and U.S. governments in order for Israel to be admitted to the U.S. visa exemption program.
To view the entire article, click here.
Spain, July 25, 2023
Foreign Nationals Outside Spain for over Six Months Now Eligible for Residence Status
- Spain’s top court has declared void a royal decree rule that terminated foreign nationals’ temporary residence status if they had remained outside Spain for more than six months in any one-year period.
- As the relevant rule in the royal decree is now invalid, foreign nationals whose temporary residence status was at risk of termination because they had been outside of Spain for more than six months within a one-year period, may now be able to renew their temporary residence status.
- The ruling leaves the door open for the Spanish parliament to create such restrictions in the future. Given the legal landscape may again change, affected individuals are advised to avoid being outside Spain for more than six months in any one-year period.
To view entire article, click here.
Thailand, July 25, 2023
Stricter Criteria Implemented for Board of Investment Applications Using Single Window System, Increasing Delays
- Based on a change in practice, the Board of Investment (BOI) has implemented new rules and criteria for employers filing work permits and visa applications under the BOI Single Window system.
- The new rules and criteria include updates to passwords/usernames every six months, no longer allowing the use of abbreviations in position titles, changing the requirements for “Director” positions, enforcing position and job title alignment with the promoted business activities approved by the BOI and requiring expanded organizational charts.
- Employers must follow the BOI’s requests or recommendations within the required period.
- As a result, employers should expect multiple changes and delays in their Single Window applications.
To view entire article, click here.
United Kingdom, July 24, 2023
Children Age 10 and 11 Can Now Use Passport E-Gates
- Effective July 24, 2023, children age 10 and 11 can now use passport e-gates at 15 UK airports and railports, including Heathrow and Gatwick airports and the Eurostar railways terminals in Brussels and Paris.
- Passport e-gates digitally compare a passenger’s face against their passport photo without any human input, therefore streamlining immigration processing upon entry.
- Previously, only children 12 years or older could use e-gates.
To view entire article, click here.
United States, July 21, 2023
|DHS Will Allow Qualified E-Verify Employers to Use Remote I-9 Document Inspection Procedures, and Will Issue New Version of I-9 Form
- The Department of Homeland Security has finalized a regulation that permits it to create exceptions to in-person physical inspection of documents used in the Form I-9 employment eligibility verification process.
- In conjunction with the final rule, DHS is creating a permanent remote I-9 document inspection process, effective for new employees hired on or after August 1, 2023, but this alternative process is limited to employers who are enrolled and in good standing in the E-Verify system.
- Qualifying employers can also use the alternative review process in lieu of undertaking a physical review of documents, to meet the August 30, 2023 deadline for I-9s completed with remote or virtual document review during the COVID-19 emergency, as long as the employer was enrolled in and used E-Verify when the I-9 was initially completed.
- DHS will issue a new edition of Form I-9, dated August 1, 2023. The new form version will become mandatory for all employers on November 1, 2023.
To view entire article, click here.
Other weekly news briefs
Australia, July 26, 2023
English Language Test Changes for Visa Applications
Benin, July 26, 2023
Personal Identification Number Rollout Program Extended to Beninese Nationals Living Abroad
Brazil/Mexico, July 27, 2023
Reciprocal Adoption of e-Visas Announced
Canada, July 26, 2023
Transition to New Immigration Minister
Hungary, July 26, 2023
Limited Guest Worker Permit Forthcoming
Japan, July 24, 2023
Expansion of Specified Skilled Worker (ii) Industries Forthcoming
Kenya, July 27, 2023
Government eCitizen Portal Outage Affects eVisa Applications
Luxembourg, July 26, 2023
Foreign National Family Members to Have Easier Access to Work Rights
Malaysia, July 21, 2023
Shorter Labor Market Testing Requirement for Employment Pass Applicants Introduced
Mauritius, July 21, 2023
Proposed Changes to Occupation, Retiree, Work and Residence Permits and New Online System Forthcoming
Niger, July 27, 2023
Borders and Government Offices Closed Temporarily
Saudi Arabia, July 26, 2023
Electronic Visa Program Expanded to Applicants in Pakistan
Singapore, July 25, 2023
Enhanced Self-Assessment Tool Forthcoming
Slovenia, July 21, 2023
Transfer to New Residence Permit Required for Some Foreign Nationals
United Arab Emirates, July 25, 2023
Employee Protection Insurance Program Forthcoming for Select Employers in Dubai South Free Zone
United Arab Emirates, July 27, 2023
Clarifications Issued on Economic Sectors Impacted by New Emiratization Requirements
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.