Weekly Immigration Update: July 24-30, 2020

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 coronavirus-related news page for the latest immigration updates.
• Barbados: The government created a Welcome Stamp Visa which allows foreign nationals to relocate to and work remotely from Barbados upon proof of a minimum income.
• Indonesia: The Ministry of Manpower provided clarifying details on the process employers must undertake to cancel a work permit, which had been unclear following changes in 2018.
• United States: The Department of Homeland Security announced that it will not accept initial DACA filings, will limit DACA renewals to one year and will not accept DACA applications for advance parole except in extraordinary circumstances. The agency also announced initial or new F-1 students will not be permitted to take a fully online course of study in the United States for the Fall 2020 semester.  A New York federal district court has temporarily barred the Departments of Homeland Security and State from implementing their public charge rules. 
   

These items and other news from Asia Pacific, Belgium, Czech Republic, the European Union and the Middle East follow in this edition of the Fragomen Immigration Update.

Important Updates in Immigration This Week

United States, July 29, 2020
District Court Enjoins Both DHS and State Department Public Charge Rules

• A New York federal district court has temporarily barred implementation of the Department of Homeland Security and State Department public charge rules in separate lawsuits challenging those regulations.
• The agencies are likely to appeal the decisions to a higher court.
   

To view entire article, click here.

Barbados, July 29, 2020
12-Month Remote Work Visa Introduced

• The Welcome Stamp Visa allows foreign nationals to relocate to and work remotely from Barbados for up to 12 months.
• The visa does not allow work for a local employer in Barbados.
• Applicants must certify that they expect to earn an income of at least USD 50,000 over the next 12 months or have the means to support themselves and their family during their stay in Barbados.
• Interested applicants can now complete and submit the application online.
   

To view entire article, click here.

United States, July 28, 2020
DHS Will Limit DACA Renewal Period, Decline to Accept New Applications, As It Reconsiders the Program

• DHS will limit DACA renewals to one year, reduced from two years, DHS Acting Secretary Chad Wolf announced today.
• DHS will not accept initial DACA filings and will reject DACA applications for advance parole except in extraordinary circumstances. 
• The new DACA directives come as DHS reconsiders the fate of DACA in the wake of a Supreme Court decision striking down the Trump Administration’s 2017 decision to terminate the program.
   

To view entire article, click here.


United States, July 27, 2020
DHS Bars Fully Online Learning for New Students in Fall 2020

• Initial or new F-1 students will not be permitted to take a fully online course of study in the United States for the Fall 2020 semester, according to a DHS announcement. 
• The Department of State will not issue visas to, and U.S. Customs and Border Protection will not admit, new students enrolled in programs that are fully online for the fall. 
• Foreign nationals who have been granted change of status requests to F-1 may be deemed in violation of their status if they engage in fully online study this fall.
• Existing F-1 nonimmigrants who were in active student status on March 9 may continue their studies, obtain F-1 visas, and enter the United States regardless of their school’s instruction format. 

 

To view entire article, click here.


Indonesia, July 27, 2020
Work Permit Cancellation Process Announced

 

• The Indonesian Ministry of Manpower announced the process employers must undertake to cancel a work permit (Notifikasi), after this was unclear for more than a year following changes regarding the work permit and stay permit process in late 2018.
• Employers should follow the new process for any future work permit cancellations. Employers that fail to follow the new process may expect to see delayed work permit application approvals, as the MOM may request for the work permit cancellation process to be completed first before assessing new applications.

To view entire article, click here.

 

Other Weekly News Briefs

APAC/MENA Region: Eid al Adha Government Office Closures - Government offices across Asia Pacific and Middle East will be closed due to the upcoming Eid al-Adha holiday (festival of sacrifice) as follows: Bangladesh: from July 31, 2020 through July 2, 2020; Brunei: from July 31, 2020 through August 1, 2020; Malaysia: on July 31, 2020; Philippines: on July 31, 2020; Singapore: on July 31, 2020; Bahrain: government agencies are expected to resume operations on August 5; Jordan and Kuwait: government entities are closed through August 3; Oman: government entities closed through August 8; Qatar, government entities closed through August 8; the Qatar Central Bank and financial institutions under its jurisdiction, as well as for the Qatar Financial Market Authority, closed through August 4; Saudi Arabia: government offices will close on July 23 through August 8; the United Arab Emirates: government offices will close on July 30 through August 2. Employers and employees should expect longer processing times for various immigration applications during and after the closures, in addition to delays caused by the COVID-19 pandemic.

Belgium: Residence Card Changes Forthcoming - Belgian authorities will start issuing residence cards with more concise residence right notation, such as 'limited stay', 'unlimited stay', 'settlement' or 'EU registration', among others. Separately, EU nationals and their family members who have obtained a permanent residence will receive 10-year permits as required by EU law, instead of the current five-year permits. Current permit holders can apply for a longer permit validity at town hall once the new rules take effect. Additionally, in an effort to further harmonize its rules with EU law, Belgium plans to abolish paper residence applications for EU nationals. The announced changes are expected to take effect toward the end of 2020/beginning of 2021.

Czech Republic: Partners Can Now Enter with Czech Citizen Partner - The Czech Republic now allows unmarried visa-exempt partners of Czech citizens to stay in the Czech Republic for up to 90 days. The process requires sending an email to the Ministry of Foreign Affairs with an affidavit and documentation proving a permanent partnership, and awaiting approval for entry within three days of sending the email.  Partners who require a visa must apply for a Schengen visa using the standard application process, at a consular post that is currently open for business.

European Union: Greenlist Updated with Removal of Algeria – The European Council has updated its guidance for EU countries whose residents should be allowed or denied entry into EU Member States, and has removed Algeria from the greenlist. The last update from July 16 removed Montenegro and Serbia from the greenlist. The current greenlist includes Australia, Canada, China, Georgia, Japan, Morocco, New Zealand, Rwanda, South Korea, Thailand, Tunisia and Uruguay, provided these countries reciprocally permitted entry for EU nationals. The greenlisted countries are in addition to Andorra, Monaco, San Marino and Vatican City. Many EU and Schengen Area countries now permit travel for select greenlisted countries (with some exceptions), and allow entry for essential travellers from non-greenlisted countries (including foreign residents and visa holders, or approved highly-skilled migrants, in some cases).  Check Fragomen’s COVID-19 website for updated information.

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