Weekly Immigration Update: March 12–18, 2021
March 18, 2021
In immigration news this week:
- Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and quarantine measures, and many have implemented extension policies and other concessions. Visit Fragomen’s COVID-19 website for the latest immigration updates.
- United States: The Department of Labor is proposing to defer the effective date of its regulation that would raise prevailing wage rates for the H-1B, H-1B1, E-3 and the PERM programs until November 14, 2022, from May 14, 2021. The proposal would also delay the start of the transition period for adjustments to prevailing wage levels until January 1, 2023, from July 1, 2021, and extend the transition period from 18 months to three years. In connection with the COVID-19 emergency, CBP border restrictions permitting only essential travel across the U.S.-Mexico and U.S.-Canada land borders have been extended through April 21. The Department of Homeland Security has extended and redesignated Syria for Temporary Protected Status (TPS) for 18 months, from March 31, 2021 through September 30, 2022.
- Russia: Following a significant change in visa rules, dependents of foreign nationals seeking to work in Russia (other than the Highly Qualified Specialist (HQS) Permit) are no longer eligible for dependent status.
These items and other news from Bahrain, the European Union and the United States follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, March 18, 2021
DHS Extends and Redesignates Syria for Temporary Protected Status
- The Department of Homeland Security has extended and redesignated Syria for Temporary Protected Status (TPS), from March 31, 2021 through September 30, 2022.
- The 180-day registration period for new TPS applicants will run from March 19, 2021 to September 15, 2021. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
- Current Syrian TPS beneficiaries who wish to extend their benefits will be required to re-register by May 18, 2021. Those whose EADs expire on March 31, 2021 will receive an automatic extension through September 27, 2021.
To view entire article, click here.
United States, March 18, 2021
U.S.-Canada and U.S.-Mexico Land Border Restrictions Extended Through April 21
- CBP border restrictions permitting only essential travel across the U.S.-Canada and U.S.-Mexico land borders will be extended through April 21, 2021. The restrictions do not affect air travel.
- Essential travel includes travel by U.S. citizens, lawful permanent residents, and foreign nationals traveling to work in the United States, among others.
- Visa Waiver and other business travelers may face additional scrutiny at the border.
- “Non-essential travel” at land borders is not permitted, which includes travel that is considered tourism or recreational in nature.
To view entire article, click here.
United States, March 18, 2021
DOL Proposes Extended Delay of Regulation Increasing PERM and H-1B Wage Minimums
- The Department of Labor is proposing to defer the effective date of its prevailing wage regulation by 18 months, or until November 14, 2022, and the beginning of its transition to new wage levels set forth in the rule until January 1, 2023. Written comments on the proposed delay will be accepted for 30 days.
- The proposal follows the agency’s recent postponement of the rule from March 15, 2021 to May 14, 2021.
- DOL is planning to issue a future request for public feedback on the wage rule, opening the way for possible further changes to the substance and/or implementation schedule of the rule.
To view entire article, click here.
Russia, March 17, 2021
Dependent Status Significantly Restricted for Most Visa Types
- In a change of legislation, dependents of foreign nationals seeking to work in Russia (other than the Highly Qualified Specialist (HQS) Permit) are no longer eligible for dependent status.
- Dependent’s stays are now limited to 90 days in a 180-day period in Russia under a ‘guest visa’.
- Current dependent status holders will not be permitted to renew their status upon expiry.
- HQS Permit holders remain permitted to sponsor eligible dependents.
To view entire article, click here.
United States, March 12, 2021
April 2021 Visa Bulletin: EB-1 China and India Become Current; Strong Advancement Continues in Other Employment-Based Categories
- EB-1 China and EB-1 India Final Action dates will become current.
- EB-2 China will advance by almost seven weeks to September 1, 2016, and EB-2 India will advance by three and a half months to May 1, 2010.
- EB-3 China will advance by five weeks to March 15, 2018, and EB-3 India will advance by two months to September 1, 2010.
- EB-5 China will remain at August 15, 2015, and EB-5 Vietnam will advance by almost two months to December 15, 2017.
To view entire article, click here.
Other weekly news briefs
Bahrain: Minimum Salary Increased for Dependent Sponsorship – The Nationality, Passports and Residence Affairs Authority has increased the minimum salary requirement for the sponsorship of dependent residence permits in Bahrain. Effective immediately, foreign nationals must earn at least BHD 1,000 per month (for dependents 24 years or older); or BHD 400 per month (for dependents under 24 years old) when seeking to sponsor visas for their spouse, children or parents, up from BHD 250 per month for all dependents. Additionally, all residence visa applicants must have valid medical insurance for Bahrain.
European Union: Commission Proposes Digital Green Certificate – The European Commission has proposed to launch a Digital Green Certificate, which would register an individual's COVID-19 vaccination, recent COVID-19 negative test results or recovery from COVID-19 in a unified format accepted at the EU level. The Certificate should help facilitate free movement as it can serve as proof of vaccination, testing and recovery in order to waive restrictions to free movement put in place in a Member State on public health grounds, such as testing or quarantine requirements. Under the proposal, the Certificate would be available free of charge in digital or paper format, and would include a QR code to ensure security and authenticity. Additionally, the Commission plans to build a gateway for certificate verification, and to support EU Member States with technical implementation of the certificates. The Commission aims for this proposal to be in effect by July 2021, but it still requires adoption by the European Parliament and Council.
European Union: Commission Proposes Digital Green Certificate – The European Commission has proposed to launch a Digital Green Certificate, which would register an individual's COVID-19 vaccination, recent COVID-19 negative test results or recovery from COVID-19 in a unified format accepted at the EU level. The Certificate should help facilitate free movement as it can serve as proof of vaccination, testing and recovery in order to waive restrictions to free movement put in place in a Member State on public health grounds, such as testing or quarantine requirements. Under the proposal, the Certificate would be available free of charge in digital or paper format, and would include a QR code to ensure security and authenticity. Additionally, the Commission plans to build a gateway for certificate verification, and to support EU Member States with technical implementation of the certificates. The Commission aims for this proposal to be in effect by July 2021, but it still requires adoption by the European Parliament and Council.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
