Weekly Immigration Update: June 3–9, 2022

Australia: Immigration Applications Processing Updates – Following the reopening of international borders on February 21, 2022 for fully vaccinated visa holders, the Department of Home Affairs continued immigration processing across all visa categories and is currently working through a large backlog of pending visa applications. Fragomen has observed delays in processing across all visa types, including onshore visas requiring the completion of health examinations. Health examination bookings through Bupa Medical Visa services are currently limited in New South Wales and Victoria, adding to general visa processing delays. Processing delays continue for applications linked to occupations that are not on the Priority Migration Skilled Occupation List (PMSOL). However, Fragomen has noticed that more recently lodged applications are being processed within standard time frames, including improvements in the time frames for offshore TSS 482 visa applications due to access to health examination appointments. The Department of Home Affairs continues to prioritize occupations on the PMSOL and in critical sectors and will process applications in accordance with government processing priorities.

Canada: Improvements Forthcoming to Super Visa Program for Parents and Grandparents -- The Minister of Immigration, Refugees and Citizenship announced improvements to Canada’s super visa program, which allows parents and grandparents to visit their Canadian or permanent resident children or grandchildren in Canada for an extended period of time. Starting July 4, 2022, the allowable length of stay for super visa holders will increase to five years per entry, up from the current allowable stay of two years per entry. Visa holders will also have the option to extend their stay by up to two years at a time while in Canada, in contrast to the current policy in which visa holders must instead depart and re-enter Canada to continue their stay. Additionally, applicants will be able to hold private medical insurance from an international insurance provider approved by Immigration, Refugees and Citizenship Canada. Currently, applicants are required to obtain medical insurance from a Canadian insurance provider.

Cyprus: Stricter Student Work Rights Implemented – Cypriot authorities have implemented several changes for student permit/visa holders. Work authorization for student permit/visa holders has been decreased to 20 hours per week outside of study hours, or 38 hours per week during school holiday periods, down from a general 30 working hours per week. Additionally, students are only permitted to work in listed shortage occupations and in internships relevant to their studies, where previously no restrictions on occupation or industry applied. Finally, employers are required to submit employment contracts with student permit/visa holders to the local labour office for approval and stamping. Internships similarly require a written internship agreement between the educational institution and the employer, approved by the Department of Labour. The changes seek to protect student rights while maintaining limited labor market access.

Estonia: New Rules for Russian and Belarusian Citizens - According to a legal amendment, Russian and Belarusian journalists accredited by the Ministry of Foreign Affairs with a legal basis to stay in Estonia will now be eligible to apply for a work permit, whereas previously they were not eligible for a work permit and could only enter Estonia on the basis of a visa. Additionally, the amendment allows Belarusian Information and Communication Technology workers to apply for a residence permit for employment in Estonia if they stay in Estonia on the basis of a visa, whereas previously they were not eligible for a work permit and could only work in Estonia on the basis of a short-term employment program if they held a visa.

Italy: New Quota Amounts Announced – The Ministry of Internal Affairs has announced that it will soon publish a new decree that will create 75,000 quota spots for work permits due to skills gaps in certain markets. This is an increase from the previous availability of 69,700 quota spots in 2021-2022. Unskilled workers, startup visa applications and foreign nationals converting existing Italian permits to work permits will benefit from this decree (highly skilled workers are exempt from obtaining a quota spot), and employers will benefit from the opportunity to employ more foreign workers to fill skills gaps.

Mauritius: New Immigration Measures Planned Following Budget Announcement - The Minister of Finance has announced immigration measures in the 2022 budget aimed at making the country’s immigration system more investor-friendly. The announced measures include the introduction of work and residence permit eligibility rights and benefits for residential property owners and shareholders of companies in Mauritius; assisting businesses to recruit foreign national graduates of local tertiary institutions under the Young Professional Occupation Permit; enabling entrepreneurs and students completing their studies to apply for a Premium Visa, which allows work for companies outside Mauritius while in Mauritius; and expediting the issuance of work permits, among others. These measures are likely to pass and be implemented into law over the next 12 months.

Russia: Simplified Procedure for Ukrainians Applying for Russian Citizenship – A Presidential Order that simplifies the procedure for Ukrainian citizens seeking Russian citizenship has entered into force. The order allows Ukrainian citizens (including those permanently resident in the Kherson, Zaporizhzhia, Luhansk and Donetsk regions) to apply for Russian citizenship without needing to comply with the usual conditions of a residence period in Russia, having a source of income in Russia, or having to pass a Russian language test. The processing period for obtaining Russian citizenship for these individuals has been reduced to a maximum period of three months from the date of filing, as opposed to the usual 12 months for others.

Saudi Arabia: Temporary Entry Ban on Foreign Nationals with Visit Visas at Select Airports – Effective June 9 and until July 9, 2022, the government of Saudi Arabia will impose a temporary entry ban on foreign nationals entering Saudi Arabia on visit visas, arriving at Jeddah, Madina, Taif and Yanbu airport. The entry ban excludes Hajj permit holders. Foreign nationals on visit visas will be eligible to enter Saudi Arabia through all other airports, including Riyadh and Dammam during this time.

Togo: New Immigration Law to be Implemented – The National Assembly of Togo passed a law that will revise the country’s immigration policy. Changes will include the issuance of residence permits to foreign nationals after a stay of six months (up from three months), and the issuance of entry permits to foreign nationals seeking to work in the country while they are waiting for their residence permits to be issued. The law also prescribes fines for foreign nationals performing unauthorized work and for failing to timely extend their visas. The law will take effect once the Council of Ministers issues a decree outlining how it will be implemented.

United States: DHS/USICE Proposal Under OMB Review to Provide Alternative to Physical Examination Associated with Form I-9 Verification – A Department of Homeland Security (DHS)/U.S. Immigration and Customs Enforcement (ICE) proposed regulation entitled, “Optional Alternative to the Physical Examination Associated With Employment Eligibility Verification (Form I-9),” is currently under review at the Office of Management and Budget (OMB). ICE plans to provide an alternative to the in-person inspection of identity and employment authorization documents in the Form I-9 employment eligibility verification process. The details of the proposed regulation are not yet known, but could include forms of remote inspection similar to those that have been temporarily in place due to the COVID-19 pandemic. OMB has 90 days to review the proposed I-9 rule, but could take less time. After OMB clearance, a proposed rule will be published in the Federal Register, followed by a public notice and comment period. After consideration of public comments, ICE will publish a final rule. Relatedly, DHS accepted public comments until May 31, 2022 on its proposed extension and revisions to Form I-9, before it expires on October 31, 2022. Fragomen is monitoring the progress of I-9 developments and will provide updates as appropriate.

United States: May 2022 DOL PERM and PWD Processing Times – As of May 31, 2022, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in November 2021 or earlier, and processing audited cases with priority dates of September 2021 or earlier. DOL is working on standard reconsideration requests that were filed in January 2022 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM and H-1B prevailing wage requests filed in November 2021 (OES and non-OES). The agency has been processing H-1B and PERM redeterminations requested in March 2022 and PERM Center Director reviews requested in April 2022. These reports are available on the DOL FLAG page.