Weekly Immigration Update: March 1–7, 2024

European Union, March 7, 2024
Revised EU Long-Term Residence Directive Negotiations Cease

• The EU Council has decided to cease negotiations on amendments to the 2003 EU Long-Term Residence Directive following opposition from a limited number of EU Member States.
• Despite this development, EU Member States can continue to amend their national long-term residence regimes (if they have one) as they see fit.
• As a result of this decision, negotiations are unlikely to recommence, and the current EU Long-Term Residence Directive will not be amended for the foreseeable future.

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Nigeria, March 6, 2024
Expatriate Employment Levy Introduced for Companies Hiring Foreign Nationals in Long-Term Assignments

• The Nigerian Immigration Service has introduced an Expatriate Employment Levy, a government revenue collection initiative meant to, among other goals, encourage companies to employ local talent.
• Private sector employers hiring foreign nationals for at least 183 days within a non-consecutive 12-month period intending to file a work or residence permit application (or renewal) or those intending to change their employee’s status from business visitor to work authorized are affected.
• Employers must register currently employed foreign nationals from March 15, 2024 on an online portal. Companies failing to comply with this requirement by April 15, 2024 will incur penalties.
• There are several aspects that still need to be clarified related to this levy. We are monitoring the situation and will report on any clarifications that the authorities may provide.

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European Union/Schengen Area, March 5, 2024
Schengen Allowance Rules Expected to Apply to Bulgaria, Romania After Schengen Area Entry

• Effective March 31, 2024, Bulgaria and Romania will partially join Europe’s Schengen Area, with border checks to cease for any air- or sea-based travel between Bulgaria, Romania and other Schengen Area countries. The European Council will continue talks to lift such land border checks.
• EU authorities have confirmed that the days spent in Bulgaria and Romania will count toward the Schengen allowance of a maximum 90 days in any 180-day period (or less for visa nationals) as of March 31, 2024. Romanian authorities have already confirmed this approach; while Bulgarian authorities have not but are expected to clarify their position in the future.
• The two countries are also expected to commence issuing uniform Schengen C visas, instead of national visas, as of March 31, 2024.

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United States, March 4, 2024
FY 2025 H-1B Cap Registration Begins March 6, with New System and Requirements

• Employers and their immigration counsel may register foreign nationals for the FY 2025 H-1B cap starting at noon ET on March 6, 2024 through noon ET on March 22, 2024. All cap registrations must be drafted and submitted online during this period.
• The new beneficiary-centric H-1B cap registration system requires the submission of valid passport or travel document information for each registered foreign national. The foreign national must use the same valid passport or travel document for all registrations submitted on their behalf, or risk invalidation of all of their registrations.
• Before an H-1B cap registration can be submitted by immigration counsel, employers must promptly review, approve, and e-sign the registration.
• The introduction of the new USCIS organizational account platform may result in new technical issues; prompt preparation and submission of registrations is advised to minimize the risk of problems and delays.

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United States, March 1, 2024
Congress Passes Short Stopgap Spending Bill; Immigration Agencies Funded Through March 22

• Congress has passed another short-term spending bill that will fund some federal agencies – including immigration agencies – through March 22, while other federal agencies will be funded through March 8.
• President Biden is expected to sign the bill, which will avert a U.S. government shutdown while FY 2024 budget negotiations continue.

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Worldwide, March 1, 2024
Immigration Processing Delays During Ramadan

Foreign nationals and their employers can expect immigration processing delays from the beginning of March through the beginning of April in the Middle East, North Africa, Türkiye and parts of Asia during the observance of Ramadan and Eid-al-Fitr. Many government offices worldwide reduce their hours and/or close during Ramadan and Eid-al-Fitr.

Processing delays could continue in the weeks following Ramadan, due to application backlogs that accumulate during the closures.

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