Weekly Immigration Update: March 2 – 8, 2018

In United States immigration news this week, the Justice Department has asked a federal court to invalidate California's Immigrant Worker Protection Act (AB 450) and two other state immigration laws, arguing that they are preempted by federal law. Though the statutes remain in effect, a preliminary injunction, if granted, would suspend the enforcement of AB 450 and related laws while the lawsuit goes forward. 

U.S. Citizenship and Immigration Services (USCIS) has extended Temporary Protected Status (TPS) for Syria for 18 months, from April 1, 2018 through September 30, 2019. Also in the United States, F-1 students seeking or working on optional practical training or planning a change of status to H-1B during this year’s cap filing season should be aware that traveling abroad could impact their F-1 status, ability to change status and ability to reenter the United States.

France has introduced an immigration bill which, if passed by the National Assembly in April, would include reforms to intracompany transferees, recognized sponsorship for employers, and the Talent Passport program, among others.

India has broadened its Electronic Visa (e-Visa) Program to include all activities normally allowed under the Business Visa. 

Singapore’s Minister for Manpower announced upcoming changes to foreign worker rules aimed at ensuring local access to skilled jobs and raising the quality of foreign workers. In Taiwan, a new visa category offers qualified professionals a work permit, residence visa, alien residency permit and re-entry permit.

These items and other news from Bahrain, Canada, Chile, Colombia, Ecuador, the European Union, Indonesia, Kazakhstan, Morocco, the United States and Zimbabwe follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, March 7, 2018
Justice Department Sues to Block California Worksite Enforcement Law and Other Immigration Measures

• The Justice Department has asked a federal court to invalidate AB 450, the Immigrant Worker Protection Act, and two other state immigration laws, arguing that they are preempted by federal law.
• Though the California statutes remain in effect, the Justice Department is seeking a preliminary injunction, which, if granted, would suspend the enforcement of AB 450 and related laws while the lawsuit goes forward.

To view entire article, click here.

 

United States, March 5, 2018
Syria TPS Re-Registration Period Opens

• Temporary Protected Status (TPS) for Syria is extended for 18 months, from April 1, 2018, through September 30, 2019.
• Current Syrian TPS beneficiaries will have through May 4, 2018 to re-register to maintain status through September 30, 2019, according to a USCIS notice published today.
• Syrian TPS employment authorization documents with an expiration date of March 31, 2018 will automatically be extended through September 27, 2018.

To view entire article, click here.

 

United States, March 5, 2018
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, be aware that traveling abroad could affect your F-1 status, your ability to change status and your ability to reenter the United States.
• Before you travel internationally, make sure you understand the risks and requirements.

To view entire article, click here.

 

Chile, March 8, 2018
Delays in Work and Residence Permit Processing

Foreign nationals are experiencing delays in processing initial and renewal applications for Temporary Residence Visas, Work Contract Visas, Temporary Residence Mercosur, and permanent residence applications in country. Depending on the visa type, these delays may affect foreign nationals’ work authorization while their applications are pending.

To view entire article, click here. 

 

France, March 8, 2018
Immigration Reforms Introduced

The French Government has introduced an immigration bill which would include reforms to the following features of the French immigration system, if it is passed by the National Assembly in April:

• Intracompany transferees;
• Graduates, au pairs and researchers;
• The Talent Passport program;
• Recognized sponsorship for employers; and
• Travel documents for minors.

To view entire article, click here.

 

Singapore, March 8, 2018
Upcoming Changes to Foreign Worker Rules

Singapore's Minister for Manpower recently announced upcoming changes to foreign worker rules aimed at ensuring local access to skilled jobs and raising the quality of foreign workers. The announcement covers major changes in policy that can potentially affect a large number of foreign nationals and their employers in Singapore.

To view entire article, click here.

 

Indonesia, March 6, 2018
Elimination of Recommendation Letter Requirement for Oil and Gas Work Permit Applications

• The Ministry of Energy and Mineral Resources no longer requires Recommendation Letters for Work Permit applicants in the oil and gas sector. 
• Applicants can now submit their applications directly with the Ministry of Manpower, which should reduce government processing times.

To view entire article, click here.

 

Kazakhstan, March 6, 2018
Host Employers Penalized for Late Notification of Foreign National’s Arrival

Employers in Kazakhstan will now be penalized for failing to notify the Ministry of Foreign Affairs of a foreign national's arrival in Kazakhstan within three business days. This is in addition to the already existing government notification requirements for employers of foreign workers.

To view entire article, click here.

 

Canada, March 5, 2018
Medical Inadmissibility Rules to be Updated

The Minister of Immigration, Refugees and Citizenship Canada has announced that changes to the way foreign nationals with serious medical conditions will be admitted to Canada are coming. A formal announcement is expected in April 2018. 

To view entire article, click here.

 

India, March 2, 2018
e-Visa Now Allows All Business Activities

• The Electronic Visa (e-Visa) Program has been further broadened to include all activities normally allowed under the Business Visa in India.  
• This will result in a faster and easier application and travel process for eligible short-term business travelers, who were previously required to apply for a Business Visa in India due to the limited scope of activities allowed under the e-Visa.

To view entire article, click here.

 

Taiwan, March 2, 2018
Employment Gold Card Launched

• A new visa category offers qualified professionals a work permit, residence visa, alien residency permit and re-entry permit in Taiwan.
• Eligible foreign nationals can apply for the Employment Gold Card online. 

To view entire article, click here.

 

Weekly News Briefs

United States: Latest PERM and PWD Processing Times – As of February 28, 2018, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in August 2017 or earlier, and processing audited cases filed in June 2017 or earlier. DOL is working on standard reconsideration requests submitted in December 2017 or earlier. There is no update on the government error queue, though these appear to be current. 

DOL is issuing prevailing wage determinations for PERM and H-1B requests filed in December 2017. The agency has been processing PERM and H-1B redeterminations requested in January 2018, and PERM center director reviews requested in December 2017. 

Bahrain: Nationals of Azerbaijan Can Now Obtain e-Visas – Rather than applying for visitor visas at a Bahraini Embassy, nationals of Azerbaijan can now obtain electronic pre-approvals (e-visas) through the Ministry of Interior’s website. The e-visa is a renewable multiple-entry visa that allows for a maximum stay of one month in Bahrain. It must be used within 30 days of approval. Paid or unpaid employment is prohibited under this authorisation. A total of 115 nationalities can currently benefit from the e-visa. The standard processing time is three to five business days.

Colombia: Additional Nationalities Eligible for Visas on Arrival – As of February, nationals from Bosnia-Herzegovina, Qatar and Serbia can obtain an entry visa, the Permiso de Ingreso y Permanencia, upon arrival in Colombia and no longer require consular visas. The foreign national's length of stay in Colombia will be determined at the port of entry and based on the activities they will be performing during their stay. They will be able to extend their permit in country, if needed.

Also, Nicaraguan nationals holding a visa (non-transit) to Canada, the United States or the Schengen area which is valid for at least 180 days beyond their intended arrival in Colombia can obtain an entry permit, the Permiso de Ingreso y Permanencia, upon arrival in Colombia by paying an entry fee equivalent to USD 10. Previously, such nationals had to obtain a consular visa.

Ecuador: Longer Visa Endorsement Process in Guayaquil – The Ministry of Foreign Affairs in Guayaquil has announced that the visa endorsement (stamping) process now takes 15 days in Guayaquil, as opposed to the previous eight-day processing time. This is a permanent change and foreign nationals submitting visa applications in Guayaquil should prepare for the longer processing time accordingly. Processing times in other cities remain the same at this time.

Ecuador: Waiting Period Established for Local Identification Card Filing – The Ecuadorian Civil Registry now requires foreign nationals to wait 72 hours from the issuance of their Certificate of Enrollment (Certificado de Empadronamiento) before applying for the local identification card (cédula). Previously, the cédula could be obtained immediately after the Certificate of Enrollment was obtained.

European Union: European Commission Publishes Draft Withdrawal Agreement – The European Commission published a draft agreement for the withdrawal of the United Kingdom from the European Union. The withdrawal agreement covers issues including citizens’ rights (based on the Joint Technical Note agreed upon in December), transitional agreements, and a protocol on Ireland and Northern Ireland which would avoid a hard border. The European Commission is proposing that the transition period – which is the time period after the United Kingdom withdraws from the European Union on March 29, 2019 – ends in December 2020 and that citizens arriving in the United Kingdom during this period are treated the same in terms of immigration status as those who are already in the European Union/United Kingdom before the transition period. EU Member States and the European Parliament will now consult on the draft which will then be presented during negotiations with the United Kingdom.

Morocco: Criminal Record Certificate Now Requires One-Month Validity – Criminal Record Certificates submitted with employment and residence permit applications must now be valid for more than one month from the date of filing with the Immigration Authority in Morocco. The Criminal Record Certificate is a requirement for obtaining legal immigration status in Morocco. In the past, the authorities accepted certificates without specifying their minimum validity. Fragomen can assist with the procurement and legalisation of the Criminal Record Certificate. Please contact your designated Fragomen Account Manager to discuss the requirements.

Zimbabwe: Eligible Visa-on-Arrival Nationals List Expanded – Effective February 27, 2018, nationals from 28 countries have been added to the list of those eligible for a visa-on-arrival. Previously, these nationals required a visa prior to traveling to Zimbabwe. 

Although Chinese nationals are on the list of 28 new eligible countries, those seeking to enter Zimbabwe under the visa-on-arrival should check with their immigration professional prior to travel since there are some exceptions.

 

Global Immigration News Links

• Visa waivers are rarely granted under President Trump’s latest travel ban, Reuters reports.
• Immigrants hoping for permanent residency are withdrawing from public nutrition programs even before the Trump administration's proposed policy changes are enacted, fearful that participating could impede their citizenship eligibility or put them at risk for deportation, the New York Times reports.
• Former British Prime Minister Tony Blair urged European leaders to reform the European Union so the British people can rethink Brexit, BBC reports. 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.