Weekly Immigration Update: June 10–16, 2022

Ireland, June 15, 2022
Re-Entry Visas for Minors Suspended

• The Department of Justice has released a statement announcing that re-entry visas for minor children under the age of 16 have been suspended with immediate effect.
• According to Department of Justice instructions, minors under the age of 16 who live in Ireland with parents/legal guardians who hold valid residence permission in Ireland will not require a re-entry visa, and will be able to travel without a visa while accompanying parents/legal guardians who hold valid permission.
• Any re-entry visa applications that were submitted and are being processed as of June 15, 2022 will be returned to applicants along with their original documentation.

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United States, June 10, 2022
Biden Administration to Suspend COVID Testing Requirement for International Travelers

Beginning Sunday, June 12, international air travelers will no longer be required to show a negative COVID test result to board flights to the United States. Nonimmigrant travelers remain subject to U.S. COVID vaccination requirements, however.

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United States, June 10, 2022
July 2022 Visa Bulletin Update – USCIS to Honor Final Action Dates for Employment-Based Categories

Next month, 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 July 2022 Visa Bulletin.

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Mexico, June 10, 2022
Technical Issues with Electronic Authorization System; Delays at Mexican Consular Posts

• The Mexican electronic e-Visa system (SAE) has been experiencing technical issues for the last week.
• e-Visa nationals who use this system and cannot postpone travel must now apply for a visa stamp with an in-person appointment at a Mexican consulate.
• The Mexican Embassy in Brasilia, Moscow and Ankara, as well as consulates in Istanbul, Sao Paulo and Rio de Janeiro, are experiencing ongoing delays in visa appointments due to these technical difficulties.

To view entire article, click here.

 

United States, June 10, 2022
July 2022 Visa Bulletin – Advancement in EB-2 India and China

• The EB-2 India Final Action date will advance by three months, to December 1, 2014.
• The EB-2 China Final Action date will advance by one month, to April 1, 2019.
• EB-1 will remain current for all countries. EB-2 and EB-3 Professional and Skilled Worker will remain current for all countries except India and China.
• EB-3 India and EB-3 China will remain unchanged from the previous month.
• On the Dates for Filing chart, EB-2 China and India will each advance one month to May 1, 2019 and January 1, 2015, respectively.

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Global: Short-Term Visa Appointment Delays – Individuals seeking short-term visas face lengthy appointment scheduling delays, longer visa processing times, and new application requirements for many destination countries globally. Specifically, individuals seeking a U.S. visa face limited consular appointment availability, especially for B-1 visas; individuals seeking Schengen Area visas face limited appointment availability, particularly if based in India, the United Kingdom and the United States; individuals seeking Chinese visas continue to face cumbersome COVID-19 testing requirements; and individuals seeking Japanese visas face lengthy processing delays. These issues stem from high application volume as travel is resuming after the pandemic, reduced government staffing from June to August, and adjusted government policies during pandemic recovery. These delays are often not published and change regularly. Fragomen expects these issues to persist throughout 2022. Those planning international business travel are strongly encouraged to begin any visa processes as early as possible.

Brazil: Issues with Federal Police Registration Causing Payroll Delays – Many foreign nationals registering with the Federal Police in several cities (including Campinas and Macaé) have been receiving Brazilian temporary identification documents ("RNM protocol," as it is known in Brazil) without RNM numbers and with a “process under analysis” symbol instead. As background, foreign nationals must obtain an RNM number before their employer can enroll them in local payroll, or to complete certain administrative tasks in Brazil such as setting up a bank account. This issue is affecting foreign nationals registering with the Federal Police after entry under a consular work visa or those filing an in-country change of status application, among others. Until this issue is resolved, affected foreign nationals can find their RNM number on the Federal Police online system or request a Registration Certificate, which includes their RNM number. However, these processes can take at least five business days or more to complete. As a result, affected foreign nationals and employers should expect delays in payroll start dates in Brazil. Fragomen is monitoring this issue and will report on relevant developments.

European Union: Minimum Wage Protection Framework Introduced – The European Commission and the European Parliament reached a provisional political agreement to introduce a framework to adequately establish and improve minimum wage protection (“Directive on adequate minimum wages in the European Union”). Once adopted, the new Directive will not require EU Member States to introduce statutory minimum wages, or establish a common minimum wage level across the European Union. However, EU Member States with statutory minimum wages may be required to implement certain measures in their governance framework for setting and updating minimum wages. The political agreement is subject to formal approval by the co-legislators and the Directive will enter into force 20 days after publication in the Official Journal. Once it becomes effective, EU Member States will be required to incorporate the provisions of the Directive into national law within two years.

European Union: General Approach on Schengen Border Code Reform Adopted – The Council of the European Union has agreed to reform the Schengen border code to provide new tools to guide migration flows in Europe, create a new legal framework for external border control in health crisis situations, update internal border controls, and provide alternative measures to those internal controls. Regarding migration flows, the aim is to limit the number of crossing points at EU external borders along with their opening times and to increase surveillance at those points. The reform provides for the quick adoption of a minimum amount of temporary travel restrictions during a health crisis, strengthening the recommendations that were developed during the COVID pandemic. Additionally, when an EU Member State determines the need for internal border controls to continue beyond two and a half years, it will need to notify the Commission, giving a justification and expected end date for the control. Finally, the reform to the border code would provide alternative options for internal controls including more effective police checks.

European Union: Commission Launches Talent Partnerships Initiative – The European Commission’s launch of the Talent Partnerships Initiative is a key element of the New Pact on Migration and Asylum, which aims to align the management and normalization of long-term migration in the region. The Talent Partnerships initiative will combine labour market needs in the European Union with the skills of workers from third countries. The initiative is open to EU Member States and other interested stakeholders to suggest country or region-specific partnerships that encourage well-managed legal migration, which would be beneficial to the region. The initiative supports the Commission’s priority to replace irregular migration with legal migration pathways into the European Union. The partnerships will be available to students, graduates, and skilled workers. Funding for the initiative will be used to create education and training opportunities, provide integration support, improve the European Union’s diaspora efforts, and invest in expert analysis of employment needs. The European Union is looking at Egypt, Morocco, and Tunisia as countries with which to establish the first partnerships, with the aim to launch them by the end of 2022.

Guatemala: Online System for Work Permit Applications Forthcoming – The Ministry of Labor of Guatemala is introducing an electronic work permit filing system. Starting August 1, 2022, employers (or authorized third parties) will need to use this system to file initial or renewal work permit applications on behalf of foreign nationals. The in-person process will not be available starting August 1. Employers who file a work permit application in person prior to August 1 are not affected by this change and the Ministry will continue processing those applications. According to the Ministry, the new online process is expected to reduce processing times to approximately 15 to 20 days, instead of the current two to three months.

Norway: Increased Scrutiny of Russian Citizens’ Short-Term Visa Applications – Russian citizens may experience difficulties obtaining tourist visas and short-term entry visas for business purposes, due to high application volume and the current political situation. Applications are scrutinized more strictly for compliance with standard visa requirements, including sufficient funds for the duration of stay and the likelihood of return to the home country, in line with recent European Commission guidance on interpretation of Schengen rules. Applicants may face longer processing times and a higher rejection rate. Although applications for work and stay permits do not face additional scrutiny and continue to be accepted and processed at this time, Russian citizen applicants may have issues making international payments required for government filing fees due to economic sanctions imposed on Russia.

Slovakia: Vacancy Notifications Permitted Online Via New Portal, Online Labour Office Notifications Forthcoming – Employers are now permitted to notify the Slovak Labour Office of vacancies online through a new portal. Notifications can still be completed via regular mail or in person. Vacancy notifications are required for positions where foreign nationals will be locally hired, and do not apply to assignees or secondees remaining on their home employment contract. Additionally, Labour Office notifications of work start and end dates for EU citizens and work permit-exempt individuals can now be submitted online via slovensko.sk (e-schranka). Employers can also still file these notifications at Labour Offices. Labour office registration applies to locally hired EU nationals, whereas assigned EU nationals require posted worker notification to the Labour Inspectorate. These new initiatives follow a several-year trend of digitalizing government communications from the Slovak government, and an online appointment scheduling tool introduced in May 2019.

Slovakia: Transitional Issues with SMS Approval Notifications – Since the Foreign Police (Slovakia’s main immigration agency) began issuing approval notifications via SMS and via the employer’s electronic “e-schranka” mailbox, Fragomen has received reports of interim technical issues with the new system. Specifically, there have been reports that applicants only receive an SMS message with summary approval information and their employer does not receive the full approval notice via the electronic “e-schranka” portal. As a result, employers and foreign nationals are required to seek additional confirmation from Slovak authorities before being able to proceed to the next steps of the immigration process, causing processing delays. Fragomen is monitoring the situation and will report on further developments.

Slovakia: Residency Eligibility Requirements to Regain Slovak Citizenship Announced – The Slovak government has announced the requirements to reapply for dual Slovak citizenship for individuals who lost Slovak citizenship before April 1, 2022 by obtaining another citizenship in their country of long-term residence Applicants must reside in Slovakia and must register residence as a preliminary step. Non-EU citizens must additionally obtain a residence permit under standard eligibility requirements. Eligible individuals must then submit an application.

Sweden: Government Filing Fees Increased – Government filing fees in Sweden increased to SEK 2,200 for principal work and residence permit, EU Intra-Company Transferee, and EU Blue Card applicants, up from SEK 2,000. Fees for Residence Permit for Visiting Researcher applicants increased to SEK 1,500, up from SEK 1,000.

Sweden: Government Processing Delays – Government processing for work and residence permit applications for local hires and assignments, the main Swedish work authorization category, increased to 12 weeks (up from two to four weeks). Processing times for EU Intra-Company Transferee and EU Blue Card applications remain at 90 calendar days. The delay is caused by the implementation of new immigration legislation on June 1, 2022, requiring government officials to put the new rules into practice, which can typically cause delays during the transition period. Further, processing in Sweden typically slows down from June to August annually. Fragomen does not expect the current processing delays to be resolved in 2022.

Switzerland/Vanuatu: Visa Requirement Reintroduced for Golden Passport Holders – Citizens of Vanuatu holding passports issued since May 25, 2015 once again require a visa to travel to Switzerland; these individuals were previously visa exempt. Swiss authorities decided to follow the recent partial suspension of the visa waiver agreement between the European Union and Vanuatu due to security concerns with Vanuatu's citizenship by investment (golden passport) program.

United Arab Emirates: Electronic Issuance of Residence Permits Implemented by Dubai International Financial Center – Effective June 13, 2022, the Dubai International Financial Centre (DIFC) began issuing electronic residence permits instead of endorsing foreign nationals’ passports with a residence visa stamp. Therefore, DIFC will not collect original passports under the new standard protocol, except for employment visa amendments concerning changes of nationality. Previously, the Emirate of Dubai, excluding Jebel Ali Free Zone (JAFZA), had chosen not to follow this new process, as reported in May.

United Arab Emirates: Savings Scheme Forthcoming for Foreign Nationals Employed in Dubai Public Sector – Effective July 2022, the Dubai International Financial Center (DIFC) will implement an employee savings scheme for foreign nationals working in Dubai’s public sector. This is an extension of UAE’s current gratuity scheme and eligible foreign nationals will be automatically registered, except for foreign nationals working in the private sector or under a temporary contract. Under this scheme, the employer will contribute toward the total end-of-service gratuity, which is deposited into the savings scheme starting on the date the employee joined the company. Then these employees may contribute any preferred amount until the end of their employment within the public sector. Employers in the public sector should notify their respective employees of this new system. Private sector employers are advised to stay up to date on their potential inclusion within the system at a later time. This program aims to align with the UAE national vision to safeguard the rights of employees and to create a competitive labor market.