Weekly Immigration Update: March 18–24, 2022
March 24, 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.
- European Union/Ukraine: Many EU Member States have started implementing the EU Temporary Protection Directive, offering expedited stay, residence and work status for Ukrainian citizens and eligible Ukrainian residents leaving Ukraine. Some other European countries are implementing their own national versions of the Directive. See our consolidated alert for more information.
- United States: Starting on or about April 1, E and L spouses who are in possession of a valid I-94 issued by U.S. Citizenship and Immigration Services (USCIS) before January 30, and therefore lacking the new “S” spousal annotation, should receive a spousal designation notice from USCIS. This new notice, along with the spouse’s current, valid Form I-94, can be presented as evidence of employment authorization for Form I-9 employment verification. Effective May 1, the Department of Homeland Security (DHS) is terminating its temporary policy of allowing employers to accept expired List B identity documents for I-9 purposes.
- United Kingdom: In the recently published Statement of Changes, the UK government announced wide-ranging changes to the UK Immigration Rules, including the launch of a new Global Business Mobility category, a High Potential Individual route, and a Scale-up route .
- Australia: Effective July 1, certain Temporary Work (Subclass 457) and Temporary Skill Shortage (TSS) visa holders currently working in Australia will be able to apply for permanent residency under the Employer Nomination Scheme (ENS) visa program’s Temporary Residence Transition (TRT) stream.
- Switzerland: The Swiss Federal Council is planning to implement measures – expected by the end of the year – to streamline third country nationals’ residence and work permit processes.
- France is expected to increase its national minimum wage in the coming weeks, which would affect minimum salaries for foreign workers. See our consolidated alert for more information.
These items and other news from Czech Republic, Ireland, Israel, Italy, Russia, and Spain follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
Australia, March 22, 2022
Extension and Introduction of Permanent Residency Pathways for Certain Short-term Visa Holders Forthcoming
- Effective July 1, 2022, certain Temporary Work (subclass 457) and Temporary Skill Shortage (TSS) visa holders currently working in Australia will be able to apply for permanent residence under the Employer Nomination Scheme (ENS) (subclass 186) visa program.
- Legacy Subclass 457 holders will continue to have a pathway to permanent residency under transitional arrangements which were set to be repealed from March 18, 2022 but have now been extended.
- Eligible visa holders will benefit from either a new or continued pathway to permanent residency where they currently do not have one.
- Employers will benefit from the opportunity to support the retention of their foreign national employees in Australia sponsored in ‘Short-term’ occupations, where they may have previously been restricted.
To view entire article, click here.
United States, March 18, 2022
USCIS Issues Further Guidance on Employment Authorization for E and L Spouses
- Starting on or about April 1, 2022, U.S. Citizenship and Immigration Services (USCIS) will issue spousal designation notices to E and L dependent spouses who possess valid Forms I-94 that were issued by USCIS before January 30, 2022 and therefore do not contain the new I-94 spousal annotation.
- These new notices, along with the spouse’s current, valid Form I-94, will be sufficient evidence of employment authorization under List C for Form I-9 employment verification.
- The agency will not issue these notices to E and L spouses whose current Forms I-94 were issued by U.S. Customs and Border Protection (CBP) after travel to the United States.
- USCIS continues to implement an automatic extension of EAD validity to E, H-4, and L-2 spouses who have filed a timely application to extend an EAD and have an unexpired I-94 for E, H-4 or L status.
To view entire article, click here.
United States, March 18, 2022
Travel Tips for Foreign Students on OPT or Planning a Change of Status to H-1B
- If you are an F-1 student who has applied for or is working on optional practical training (OPT) or who will be the beneficiary of a petition to change status to H-1B in this year's H-1B cap filing season, make sure you understand the risks and requirements of international travel.
- Several critical factors continue to impact travel this year, including COVID-19 policies worldwide and reduced operations at U.S. consulates.
- Traveling abroad while awaiting a change of status to H-1B could affect your F-1 status, your ability to change status, and your ability to reenter the United States.
To view entire article, click here.
Switzerland, March 18, 2022
Streamlined Processes Forthcoming for Workers in Skill Shortage Occupations
The Swiss Federal Council will implement the following measures to streamline third country nationals’ residence and work permit processes:
- Employers seeking to hire third country nationals in industries with a skills shortage will no longer need to conduct a labor market test;
- Third country nationals in skills shortage occupations be eligible for a residence permit even without academic education; and
- Residence permit holders will be able to switch from employment to self-employment status without obtaining a new permit.
These measures are expected to be implemented by the end of the year.
To view entire article, click here.
United States, March 18, 2022
DHS to End Temporary COVID-19 Policy on Expired List B Identity Documents on May 1, 2022
- DHS has announced that it is ending its temporary policy of allowing employers to accept expired List B identity documents during the COVID-19 pandemic, effective May 1, 2022.
- Beginning May 1, 2022, employers may accept only unexpired List B documents.
- Employers will have until July 31, 2022, to update the I-9s of current employees who presented expired List B documents under the temporary policy.
To view entire article, click here.
United Kingdom, March 18, 2022
Statement of Changes Announced to UK Immigration Rules
- The UK government has announced wide-ranging changes to the UK Immigration Rules in the Statement of Changes, including the launch of the new Global Business Mobility routes, High Potential Individual route, and the Scale-up route.
- These changes will be implemented between April 11, 2022 and August 22, 2022.
To view entire article, click here.
Other weekly news briefs
Czech Republic: Golden Visa Suspension for Russian Citizens – The Czech Republic has suspended the golden visa program for Russian citizens until further notice, joining Greece, Ireland, Malta, Portugal, Spain and the United Kingdom in the list of countries that have done the same.
Ireland: Immigrant Investor Programme Suspension for Russian Citizens – Ireland has suspended the Immigrant Investor Programme for Russian citizens until further notice, joining the Czech Republic, Greece, Malta, Portugal, Spain, and the United Kingdom in the list of countries to remove Russia from so-called Golden Visa programs.
Israel: Hi-Tech Companies Can Now Hire Graduate Students – According to a recent update to the Hi-Tech Work Visa Regulation, Israeli hi-tech companies can now apply for a work visa for university students or recent graduates for certain hi-tech professions in Israel. Eligible companies can now submit an application to locally hire a student studying a hi-tech profession for part-time work, or to hire hi-tech graduates within three years of their graduation. While students can be employed on a minimum base salary (currently NIS 5,500 gross per month), graduates must meet minimum salary requirements for the first six months of employment and 150 percent of the minimum salary after six months of employment.
Italy: Change of Status Application Deadline Extended – Following publication of a new circular issued on March 16, 2022, a deadline has been extended until September 30, for foreign nationals holding residence permits to file a change of status application to convert their residence permit into a work permit. The deadline had initially been March 17, 2022 before the extension. Foreign nationals can now benefit from a longer period to file these applications, likely extended due to unanticipated availability remaining in the quota.
Russia: New Quota-Free Occupations List Published – The Russian government has issued a new list of professions based on which employers can hire foreign nationals from visa-required countries without having to apply for a quota, which saves approximately 2.5-4 months in the overall standard work permit application process. Among the additional professions, the medical, rail transport, and electrical equipment repair and installation occupations were added.
Spain: Golden Visa Suspension for Russian Citizens – Spain has suspended the golden visa program for Russian citizens (and their dependents) until further notice, joining Greece, Malta, Portugal, and the United Kingdom in the list of countries that have done the same.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
