Weekly Immigration Update: July 30–August 5, 2021
August 5, 2021
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: The Departments of Homeland Security (DHS), Labor and State have issued their regulatory agendas, revealing each agency’s rulemaking priorities and timelines for the coming months. President Biden has designated Hong Kong for Deferred Enforced Departure (DED), directing the DHS to defer the removal of certain Hong Kong residents present in the United States as of August 5, 2021 for 18 months. In Temporary Protected Status (TPS) news, DHS is extending the filing deadline for initial TPS applicants from Venezuela, Syria and Burma (Myanmar) from 180 days to 18 months. The agency has also newly designated Haiti for TPS, from August 3, 2021 through February 3, 2023.
- Czech Republic: All third-country nationals, including family members of EU nationals, must obtain new identification documents containing biometric data, which will be issued free of charge.
These items and other news from Albania, Czech Republic, Egypt, the European Union, Jordan, Namibia, Panama, Switzerland, and Togo follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
President Biden Announces Deferred Enforced Departure (DED) for Hong Kong Residents
- The president has designated Hong Kong for Deferred Enforced Departure (DED).
- The DED order blocks the removal of certain Hong Kong residents from the United States for at least 18 months, and instructs the Department of Homeland Security to take steps to provide employment authorization to eligible DED beneficiaries and relax employment rules for F-1 students from Hong Kong.
- A forthcoming notice in the Federal Register will outline the requirements for the program and related benefits.
To view entire article, click here.
Switzerland, August 4, 2021
Significant Processing Delays in the Canton of Geneva
- The Canton of Geneva is currently taking 10 weeks to process immigration-related requests, up from the usual four to six weeks.
- This delay affects EU and non-EU nationals seeking new work permits, work permit renewals, changes of address and changes of employer, among other procedures, and is not expected to be resolved in the near future.
- Impacted foreign nationals and their employers should plan to gather documents and submit their immigration applications much earlier than usual to allow enough time for processing of work permits.
To view entire article, click here.
United States, August 3, 2021
DHS Extends Filing Deadline for Initial TPS Applicants from Venezuela, Syria and Burma (Myanmar)
- The Department of Homeland Security (DHS) is extending the initial registration periods for applications under the Temporary Protected Status (TPS) designations for Venezuela, Syria and Burma (Myanmar), from 180 days to 18 months.
- The registration period for eligible individuals to submit initial TPS applications will now run through September 9, 2022 for Venezuela, September 30, 2022 for Syria, and November 25, 2022 for Burma.
- Eligible applicants will also be able to apply for TPS-related employment authorization documents (EADs) and travel permissions during this time.
To view entire article, click here.
United States, July 30, 2021
DHS Designates Haiti for Temporary Protected Status, Expands Employment Options for Haitian F-1 Students
- The Department of Homeland Security has newly designated Haiti for Temporary Protected Status (TPS), from August 3, 2021 through February 3, 2023.
- Haitian beneficiaries who received TPS under the previous 2010 designation, which was slated for termination by the Trump Administration and which is the subject of ongoing litigation, are encouraged to submit new applications under the latest designation.
- The registration period for all TPS applicants will run for the duration of the TPS period, from August 3, 2021 through February 3, 2023. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
- DHS has also announced that it will suspend certain employment authorization rules for Haitian students in F-1 status who are experiencing severe economic hardship as a direct result of the crisis in Haiti.
To view entire article, click here.
United States, July 30, 2021
Federal Immigration Agencies Issue Regulatory Agendas
- The agenda reflects the regulatory priorities of the Biden Administration for the coming months.
- The Department of Homeland Security is planning a proposed rule to amend aspects of the H-1B program, including a redefinition of the employer-employee relationship, rules for the longstanding site visit program, and clarification of petition amendment requirements.
- A forthcoming DHS regulation is expected to implement recent legislation expanding the USCIS premium processing program.
- The Department of Labor is proceeding with a proposal to increase prevailing wages for the H-1B and PERM programs, among others.
- A forthcoming State Department regulation seeks to eliminate the use of the B-1 business visitor category in lieu of H-1B.
To view entire article, click here.
Czech Republic, July 30, 2021
New Identification Documents for Third-Country Nationals
- Beginning August 2, all third-country nationals, including family members of EU nationals, will need to obtain new identification documents containing biometric data, which will be issued free of charge.
- Non-EU family members of EU nationals must obtain the new identification documents by August 3, 2023.
- UK nationals must exchange their documents by August 31, 2022.
- The government recommends that extended family members of EU nationals exchange their documents by August 31, 2022.
To view entire article, click here.
United States, July 30, 2021
USCIS Extends Accommodations to F-1 Optional Practical Training Applicants Affected by Processing Delays
- As a result of a recent court order, USCIS is extending some flexibilities to F-1 students seeking Optional Practical Training (OPT) who have been negatively affected by agency delays in receipting and processing Form I-765, Employment Authorization Document (EAD) applications. The flexibilities initially only applied to filings received by May 1, 2021 and now apply to those received by October 31.
- F-1 students whose OPT applications were received between October 1, 2020 and October 31, 2021, will be permitted to complete their 12-month practical training period within 14 months of the date of their Form I-765 approval, instead of 14 months from the date of their F-1 program completion.
- F-1 students who timely filed Form I-765 but had their applications rejected due to the lengthy USCIS delays may re-file by November 30, 2021, as long as USCIS received the initial filing between October 1, 2020 and October 31, 2021.
- The court order also includes an important new accommodation, that applications received through October 31, 2021 may be filed up to 120 days before the F-1 program end date, extended from 90 days under the standard rules.
To view entire article, click here.
Other weekly news briefs
Czech Republic: Health Insurance Requirement to be Introduced – Beginning August 2, 2021, foreign nationals intending to stay in the Czech Republic for longer than 90 days must purchase comprehensive health insurance within 90 days of their arrival. For the first five years of residence in the Czech Republic, foreign nationals will only be able to purchase insurance from the Czech insurance company, PVZP (version Plus or Exclusive). Certain foreign nationals are exempt from this requirement, including those who are covered by public health insurance, those who have their healthcare covered by an international contract, and holders of the European Health Insurance Card or Global Health Insurance Card.
Egypt: Issuance of Admission Approvals Temporarily Suspended for Nationals of Bangladesh and India – Effective immediately, the Ministry of Manpower has temporarily suspended issuing admission approvals in the form of a security code to nationals of Bangladesh and India, due to the spread of the Black Fungus disease. This information is based on Fragomen’s discussions with the Ministry of Manpower and the Ministry of Health – no formal announcement has been made by either agency. Admission approval is usually issued once a work permit has been approved to enable applicants to apply for entry visas to Egypt through the Egyptian consular representative in the applicant’s home country or country of residence. Until the suspension is lifted, nationals of Bangladesh and India who have had work permits approved will not be able to obtain an entry visa to Egypt and subsequently enter the country for work.
European Union: European Commission Pushes for Improved Posted Worker Rules – The European Commission has sent letters of formal notice to 24 EU Member States (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Romania, Slovakia and Slovenia) seeking better alignment of national rules with the EU Posted Worker Enforcement Directive, which outlines notification and other requirements for workers temporarily assigned in the European Union (posted workers). Although details of the current national implementation issues are not published, the Commission press release highlights that national posted worker rules should balance between ensuring posted workers' rights and preventing unnecessary administrative hurdles for employers. Some examples of existing administrative hurdles frequently highlighted by Fragomen to EU decision makers include: extensive administrative requirements with respect to employment-related documents for posted workers; complex notification processes; or a wide scope of application for posted worker notifications, including for business travellers or travellers with very limited host country activities. EU Member States now have two months to reply to the European Commission and, if required, adjust their national provisions or risk further Commission action, potentially culminating in court action. Fragomen is closely monitoring related developments.
Jordan: COVID-19 Vaccination Required for New and Renewal Work and Residence Permits – Foreign nationals applying for a new work permit or renewal of a work permit and residence permit must now obtain a COVID-19 vaccine in Jordan or their country of residence in order for their applications to be processed. A copy of the vaccination certificate must be included with work permit and residence permit applications.
Panama: Visa-on-Arrival Required for Nationals of South Korea –Though the Ministry of Foreign Affairs has not published an official communication, it is requiring nationals of South Korea seeking to enter Panama for tourism or business to obtain a visa-on-arrival, for a maximum permissible stay of up to 30 days (extendable in country for a total of 90 days). The visa-on-arrival process consists of a payment of USD 60 at the airport upon arrival. Previously, South Korean nationals could enter Panama for tourism or business under a visa-exempt status for up to 180 days. The requirement is likely based on reciprocity since South Korea currently requires nationals of Panama to obtain a visa-on-arrival to enter for tourism or business (though in South Korea, there is currently a suspension of visa-waived entry for foreign nationals eligible for a visa-on-arrival due to COVID-19).
Namibia: Increases in Visa and Permit Application Fees – Effective immediately, visa and work permit fees have been increased by seven to ten percent, as announced in a public notice of the Ministry of Home Affairs Immigration, Safety and Security (MHAISS). The key changes include fee increases for visas-on-arrival from NAD 1,000 to NAD 1,200; Visitor’s Visa from NAD 500 to NAD 600; Short-Term Employment Permit from NAD 1,000 to NAD 1,100; Employment Permit from NAD 2,500 to NAD 2,600; Temporary Residence Permit (for spouses and dependents) from NAD 1,500 to NAD 1,600; Certificate of Identity from NAD 1,500 to NAD 1,600; and Permanent Residence Permit from NAD 18,000 to NAD 20,000. Additionally, the MHAISS has set a fee for appeals (for visas, permits and certificates of identity) at NAD 200. The increase in the fees is due to the cost of their procurement and the enhancement of security features.
Togo: Online Portal Opens for Police Clearance Certificates – The Department of Justice has opened an online portal for police clearance certificate applications for citizens and foreign nationals in Togo. The applicant receives an e-mail to download the certificate within 48 hours of submission on the online system. The online portal is part of an ongoing initiative of the Togo government to digitize and modernize services and reduce immigration application processing times. The initiatives are in line with similar initiatives undertaken by governments in the Economic Community of West African States.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.