Weekly Immigration Update: July 7–13, 2023

United Kingdom, July 13, 2023
Immigration Visa Fees, Health Surcharge to Increase

• As part of funding a pay-raise for public sector workers, the UK government has said it proposes to increase immigration visa fees as well as the Immigration Health Surcharge (with the goal of raising GBP 1 billion via this method).
• Fee increases of 15% are proposed for work and visit visas; and 20% for study visas, Certificates of Sponsorship, Settlement, Citizenship, Leave to Remain, and wider categories. There will also be an equalising of costs for students and in-country and out-of-country priority service fees. There are no details yet on the increase of the immigration health surcharge.
• Employers with foreign nationals should be mindful of the effect of such fee increases on their budget assessments.

To view entire article, click here.

 

United States, July 13, 2023
August Visa Bulletin: Significant Retrogression in EB-1 India and EB-3 Worldwide, Except India and China; Some Categories Likely to Advance Again in October; USCIS to Honor Final Action Dates for Employment-Based Categories

• In August, the EB-1 India Final Action date will retrogress by more than ten years to January 1, 2012. However, the Department of State says, depending on usage in the category and on the FY 2024 annual limit, it is likely that in October 2023 the cutoff date will return to at least February 1, 2022, which is the Final Action Date in the July Visa Bulletin.
• The EB-1 Final Action date for all other countries except China will have a cutoff date of August 1, 2023. The EB-1 China Final Action Date will remain at February 1, 2022.
• The EB-2 China Final Action Date will advance one month, to July 8, 2019. The Final Action Date for EB-2 India will remain at January 1, 2011. The EB-2 Final Action Date for all other countries will advance six weeks, to April 1, 2022.
• The Final Action Date for EB-3 China Professional/Skilled Worker will advance by two months, to June 1, 2019, while EB-3 India Professional/Skilled Worker will remain at January 1, 2009. For all other countries, the EB-3 Professional/Skilled Worker Final Action Date will retrogress by almost two years, to May 1, 2020.
• In August, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s August 2023 Visa Bulletin.

To view entire article, click here.

 

United States, July 12, 2023
DHS Designates Additional Degree Fields for STEM OPT Program

• The F-1 STEM optional practical training (OPT) program will be expanded to include eight new degree fields, including linguistics and computer science; mechatronics, robotics and automation engineering; and geospatial intelligence. The additions take effect today.
• The expansion of the STEM OPT degree list is the latest step in the Biden Administration’s ongoing initiative to attract and retain foreign STEM talent.

To view entire article, click here.

 

New Zealand, July 13, 2023
Updates to Skilled Migrant Category and Accredited Employer Work Visa Programs Introduced

The New Zealand government announced several updates to existing visa programs, including the following key changes:

• An upcoming new, simplified points system for the Skilled Migrant Category (SMC) program, starting October 9, 2023;
• A deadline for applicants for the current SMC program to submit their Expression of Interest before the final selection round on August 16, 2023; and
• A new requirement for Accredited Employer Work Visa holders to leave New Zealand after a continuous five-year stay, starting November 2023.

To view entire article, click here.

 

United Arab Emirates, July 12, 2023
Emiratization Requirements Expanded to Smaller Employers

• The Ministry of Human Resources and Emiratization announced that effective January 1, 2024, companies with 20-49 employees operating in select economic sectors will be subject to Emiratization requirements.
• Currently, only employers with 50 workers or more, regardless of the economic sector, are subject to specific Emiratization ratios

To view entire article, click here.

 

United States, July 12, 2023
CBP Fully Implements ESTA Ineligibility Due to Cuba Travel

• The CBP Visa Waiver Program’s ESTA application has been updated to include ineligibility questions regarding travel to Cuba on or after January 12, 2021, as a result of the designation of Cuba as a state sponsor of terrorism on that date.
• According to CBP, if it is determined that an individual already approved for ESTA has prior disqualifying travel to Cuba, or dual nationality with Cuba, the ESTA will be revoked, and the individual will be required to apply for a visa in order to travel to the United States.
• Foreign nationals with approved ESTA authorizations who may be affected by the change in Cuba policy should monitor their ESTA status on the CBP ESTA website.

To view entire article, click here.

 

Vietnam, July 11, 2023
Proposed Amendment to Labour Decree 152 Affecting Foreign Nationals Forthcoming; Comment Period Open

The Vietnamese Ministry of Labour, Invalids and Social Affairs (MOLISA) has released a draft amendment with various changes to certain provisions of the existing Decree 152 (the labour decree which currently governs the work permit process), which will impact several aspects of Work Permit applications and requirements, if implemented. The Ministry has also called for further feedback (in a comment period ending on July 15, 2023).  The proposed changes (subject to further change before finalization) include:

• Updates to the definitions of Intra-Company Transfers (ICT), Experts, and Technical Workers;
• Modifications to Job Position Approval submission timing, validity, and exemptions;
• Potential acceptance of alternative documents to Degree Certificates for ICTs, Experts, and Technical Workers, and additional documentary proof for Managers and Executives, may be required in addition to their nomination in the Company’s Charter;
• The introduction of additional Work Permit exemptions for certain individuals, including spouses of Vietnamese nationals; and
• Clarification on certain requirements for work permit reissuance and the introduction of additional guidance for individuals who have reached the maximum four-year Work Permit validity period in Vietnam (under Decree 152).

To view entire article, click here.

 

Bahrain, July 10, 2023
Platinum Residency Program for Long-Term Residents Forthcoming

• Bahrain’s Council of Ministers approved a decision to create a Platinum Residency for certain foreign nationals who have lived in Bahrain for at least 15 years who hold a Golden Residency.
• The Platinum Residency will allow foreign nationals to buy property anywhere in Bahrain – foreign nationals are generally limited to purchasing properties at designated investment projects in the country – and sponsor dependents, among other yet unannounced benefits.
• The government has not yet announced the application process or implementation date of the Platinum Residency, but this information is expected in the coming months.

To view entire article, click here.

 

Italy, July 7, 2023
Faster Work Start Date for Many Non-EU Nationals

• Due to a legal amendment, non-EU nationals can now start working immediately upon receiving a work visa and after entering Italy, before signing the contract to stay.
• The change affects non-EU nationals working in Italy under an EU Blue Card, an Intra-Company Transfer, an EU Intra-Company Transfer, and seasonal workers.
• This development occurs in the context of considerable delays in granting contract to stay appointments

To view entire article, click here.

 

Germany, July 7, 2023
New Immigration Bill Seeks to Attract Non-EU Skilled Workers

In an effort to address the skilled labor shortage, the German Parliament has passed a new immigration bill that creates and expands immigration pathways for skilled workers from non-EU countries. Key changes include:

• The creation of a points-based ‘Opportunity Card’, which offers a one-year (renewable) residence permit for the purpose of seeking employment in Germany to eligible applicants;
• The relaxation of pathways for applicants with vocational experience, with reduced requirements regarding German language skills and recognition of educational qualifications;
• The ability for foreign nationals to undertake any role for which they are qualified; as opposed to being restricted to roles specifically linked to their formal education;
• The ability for information technology or educational professionals with sufficient vocational experience to apply for an EU Blue Card, even if they lack formal education; and
• The reduction of the period of required residence in Germany to qualify for permanent residence.

The bill’s regulations are expected to enter into force by March 2024.

To view entire article, click here.