Weekly Immigration Update: June 17–23, 2022
June 23, 2022
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 federal immigration agencies released their regulatory plans for the coming months, which include plans to improve processing of Form I-485 Adjustment of Status applications, and continued plans to amend aspects of the H-1B program and to raise prevailing wages for the H-1B, H-1B1, E-3 and PERM programs, among others.
- Sri Lanka: The government has introduced various new long-term visa programs for investors, without the need for employer sponsorship.
- Poland: Poland has announced potential new minimum wage amounts for 2023. Further details are available here.
These items and other news from Albania, Chile, Costa Rica, the European Union, Ireland, Kosovo, Moldova, Norway, Qatar, Sweden, and Ukraine follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, June 22, 2022
Immigration Agencies Announce Their Spring 2022 Regulatory Plans
- The Department of Homeland Security (DHS) continues to support a proposed rule to amend aspects of the H-1B program, including a redefinition of the employer-employee relationship and clarification of petition amendment requirements, particularly in changes of work location.
- The Department of Labor has reconfirmed its plan to propose increases in prevailing wages for the H-1B and PERM programs, among others. However, a DHS proposal to allocate H-1B cap numbers by wage level is no longer on that agency’s near- or long-term agenda.
- DHS plans to issue a proposed rule to improve processing of Form I-485 Adjustment of Status applications.
- U.S. Immigration and Customs Enforcement continues to pursue its proposed rule to permit alternatives to physical inspection of I-9 identity and work authorization documents, with publication of the proposed rule currently scheduled for next month.
- The State Department is reconsidering its previously announced plans to eliminate the use of the B-1 business visitor category in lieu of the H-1B and H-3 categories.
- Both DHS and the State Department have regulations in the works to increase fees.
To view entire article, click here.
Sri Lanka, June 17, 2022
New Long-Term Visa Programs for Investors Introduced
The Sri Lankan government has introduced various new long-term visa programs for the following foreign nationals:
- Individual investors who deposit at least USD 100,000 in a Sri Lankan bank account, who will be eligible for a 10-year ‘Golden Paradise’ visa if they maintain at least a USD 50,000 deposit in their bank account;
- Directors of companies and their dependents who invest at least USD 75,000 in condominium property in Sri Lanka, who will be eligible for a five to 10-year visa; and
- Foreign nationals over the age of 60 who have a monthly income of at least USD 20,000, who will be eligible for a 10-year visa.
To view entire article, click here.
Other weekly news briefs
Albania/Kosovo: Border Checks Reduced – Until September 30, 2022, travelers will not be subject to border checks on the Albania-Kosovo land border during public holidays and weekends. Albania and Kosovo established this new policy as part of another batch of bilateral cooperation agreements and memoranda.
Chile: Consular Mercosur Visa Applications Resume with Changes to Visa Category – As an update to the implementation of the new immigration law, nationals of Argentina, Brazil, Bolivia, Uruguay and Paraguay who are outside Chile can now apply for an initial MERCOSUR Temporary Residence Visa. In March 2022, the National Immigration Service stopped accepting applications for initial MERCOSUR Temporary Residence Visas because the eligibility and conditions of the Temporary Residence category were changing based on the new immigration law. Prior to the suspension, eligible foreign nationals could only apply for the MERCOSUR visa when in Chile. While out-of-country applications are now accepted, in-country applications remain suspended until further notice. MERCOSUR visa applicants must now submit an apostilled/legalized police clearance from their country of origin in support of their application, which was previously not required. Additionally, the new MERCOSUR Temporary Residence Visa can be granted for up to two years and may be renewed in two-year increments. Previously, this visa was granted for one initial year, renewable only once.
Costa Rica: Update on Technical Issues with Social Security Agency’s Online System – As an update to the cybersecurity breach on the Social Security Agency’s online system, foreign nationals are still unable to obtain social security receipts. However, the General Immigration Directorate (DGME) is now allowing foreign nationals to register and apply for their Resident Identity Card without the social security receipt, which is usually required. In this case, the DGME will verify later, at the first residence renewal, whether the employer is up to date with their social security payment obligations. If it finds that the employer is not registered or up to date, it could cancel the foreign national’s immigration status and the employer’s DGME accreditation status (if applicable). During the system outage, the DGME is also allowing eligible employers to apply for or renew their DGME accreditation status without proof of social security registration or tax payments, which it will also verify later when the system is restored.
European Union: Moldova, Ukraine Move Toward EU Candidate Country Status – The European Commission has approved granting EU candidate country status to Moldova and Ukraine, and granting potential candidate status to Georgia. The Council of the European Union must now review the applications and unanimously confirm candidacy. As a reminder, Albania, Montenegro, North Macedonia, Serbia and Turkey are also EU candidate countries. The European Parliament recently called on the European Council to proceed to the next phase of accession talks with Albania and North Macedonia. Of the other EU candidate Member States, Montenegro and Serbia are most advanced in accession negotiations; negotiations with Turkey have not progressed recently. Other potential candidates include Kosovo (whose independence is not unanimously recognised) and Bosnia and Herzegovina.
Ireland: Occupations List Updates – The Irish government has added several occupations to the Critical Skills Occupations List for Employment Permits for workers from outside the European Economic Area (EEA), the United Kingdom and Switzerland, following a comprehensive review by the Department of Enterprise, Trade and Employment. These occupations include: pharmacist, cardiac physiologist, medical scientist, occupational therapists, physiotherapist, podiatrist/chiropodist, psychologist and speech language therapist. Additionally, the General Employment Permits quota that may be issued for bricklayers and plasterers was removed. Finally, the General Employment Permits quota that may be issued to Meat Processing Operatives has increased by 425 spots. These changes should now allow companies to hire more workers from outside of the EEA in order to counteract the skills shortages and pressures on the health, construction and agri-food sectors.
Norway: EU Citizens on Rotation Advised to Register – Following a policy change, Norwegian immigration authorities are now more strictly reviewing registration requirements of EU citizens and cross-border service providers from EU countries on a rotating schedule. Previously, authorities only considered these individuals' planned stay durations per each individual trip; now they are more broadly considering overall intended stay durations and contract duration. As a result, foreign nationals may be advised to register their stay (which involves scheduling an in-country registration appointment online), even if individual rotations are under three months, which would exempt them from registration under previous rules. Registration is currently recommended and is not yet a requirement. Police registration appointments may face several months' scheduling delay depending on the region, which may impact registrations.
Qatar/Moldova: Bilateral Visa Waiver Agreement Forthcoming – The Qatari government will soon allow visa free entry for Moldovan nationals. Nationals of Moldova will be able to enter Qatar visa-free for stays of up to 90 days for tourism but will still need to obtain a relevant visa if traveling for other purposes, including business, study or work. Nationals of Qatar will be able to enter Moldova for up to 90 days in a 180-day period for tourism, business or transit. However, it is not yet clear when the agreement will take effect.
Sweden: Jobseeker and Startup Permit Now Available – Highly qualified foreign nationals looking for employment or considering prospects for starting a business in Sweden can now apply for a special residence permit, as the Swedish Migration Agency published eligibility criteria and application details for this new residence permit type. Successful applicants receive a nine-month permit that does not permit work initially. Once they find employment or start a business, permit holders apply for work authorization or an entrepreneur permit in Sweden and can start working or run their business from the date of application filing. Applicants must hold an advanced degree to be eligible; specifically, they must hold a master's degree, postgraduate or doctorate (PhD) degree, or professional degree at a similar level (assessed based on education credits). Notably, there is no requirement for the education to be completed from a certain institution (e.g., listed in certain global ranking systems), a requirement that applies to the UK and Dutch graduate permit options. Applicants submit supporting educational documents and proof of sufficient financial means (government filing fees, travel costs, and SEK 13,000 per month of intended stay), among other supporting documents. Applications must be filed from outside of Sweden. Foreign nationals benefit from this new route for foreign talent to pursue self-employment in Sweden; no jobseeker permit was previously available for these individuals.
Sweden: Stricter Requirements Suspended for Employment Contracts – Following pushback from employers in Sweden, the Swedish Migration Agency has revoked the stricter requirements which went into effect on June 1, 2022, requiring employers and foreign nationals to manually sign employment contracts and assignment letters. Employers and foreign nationals can again submit employment contracts and assignment letters with digital signatures in support of work permit applications, as was allowed before the June 1 change. They must use a recognized signature program; pictures or screenshots of handwritten signatures are not accepted.
Ukraine: Entry and Stay Restrictions Implemented for Russian Citizens – From July 1, 2022, Russian citizens will require a visa for entry to Ukraine for any travel purpose. The government of Ukraine has denounced the bilateral treaty that allowed visa-free travel between the two countries. Additionally, according to the same resolution, Russian citizens (including temporary residence permit holders and diplomats) are restricted from entry, exit, transit, stay, and any movement within Ukraine effective immediately. Russian citizens found in Ukraine during this period could be subject to administrative measures such as fines, deportation, entry bans or detention. Authorities have not yet published guidance on how Russian citizens legally resident in Ukraine prior to the current legislative change can regularize their status.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.