Weekly Immigration Update: March 25–31, 2022
March 31, 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 implemented 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: The Department of Homeland Security issued a final regulation that sets the groundwork for expansion of U.S. Citizenship and Immigration Services’ (USCIS) premium processing program to several additional immigration benefit case types, but defers the start of implementation until later this fiscal year. Due to the ongoing COVID-19 emergency, USCIS has extended its deadline extension policy for various agency requests through July 25, 2022. Following the FY 2023 H-1B cap selection process, USCIS will begin accepting H-1B cap petitions on behalf of selected beneficiaries starting April 1, and will continue to do so through June 30.
- United Arab Emirates: The Remote Working Visa scheme is now open to foreign national applicants. Approved applicants may work remotely for their overseas employer while living in the United Arab Emirates for up to one year, with the possibility of renewal.
- South Korea: Effective April 1, registered long-term visa holders who have completed their alien registration process will be able to travel abroad without obtaining a re-entry permit, as is currently required.
- Worldwide: Foreign nationals and their employers can expect immigration processing delays from the beginning of April through the beginning of May in the Middle East, North Africa, Turkey and parts of Asia during the observance of Ramadan and Eid-al-Fitr. Many government offices worldwide reduce their hours and/or close during this period.
These items and other news from Belarus, Chile, the Czech Republic, Equatorial Guinea, France, Israel, Italy, Mexico, New Zealand, Norway, Peru, Russia, Sweden, Ukraine, the United States, and Worldwide follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, March 31, 2022
DHS Will Make Additional H-2B Visas Available for Employment in the Second Half of FY 2022
- Employers will soon be able to petition for an additional 35,000 H-2B quota numbers for temporary non-agricultural employment that begins on or after April 1, 2022, through September 30, 2022.
- Of the 35,000 visas, 23,500 will be available to returning H-2B workers and 11,500 will be reserved for nationals of Haiti, El Salvador, Guatemala, and Honduras, regardless of whether they are H-2B returning workers.
- Employers will likely be required to attest that their business is at risk of irreparable harm without additional H-2B workers.
- DHS is expected to issue petition filing instructions for the additional quota numbers in the coming weeks.
To view entire article, click here.
South Korea, March 31, 2022
Removal of Re-entry Permit Requirement Forthcoming
- Effective April 1, 2022, long-term visa holders who have completed their alien registration process will be able to travel abroad without obtaining a re-entry permit.
- Currently, the government cancels the visas of foreign nationals who depart South Korea without obtaining a re-entry permit.
- Foreign nationals who have already obtained a re-entry permit before April 1, 2022 to travel abroad after this date will be bound by the expiry date of their re-entry permit.
To view entire article, click here.
Worldwide, March 30, 2022
Immigration Processing Delays Expected During Ramadan
- Foreign nationals and their employers can expect immigration processing delays from the beginning of April through the beginning of May in the Middle East, North Africa, Turkey 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.
To view entire article, click here.
United States, March 30, 2022
USCIS Extends Existing COVID-19 Accommodations on RFEs, NOIDs, Appeals, and Other Responses Through July 25, 2022
- Due to the continuing COVID-19 emergency, USCIS is extending its deadline extension policy through July 25, 2022.
- Petitioners and applicants will continue to have an additional 60 days to respond to requests for evidence, notices of intent to deny or revoke, notices of intent to terminate EB-5 regional investment centers, and certain other notices dated between March 1, 2020 and July 25, 2022.
- Employers and foreign nationals will also continue to have 90 days to file a Form I-290B appeal or motion or Form N-336 hearing request to reopen a USCIS decision that was issued between November 1, 2021 and July 25, 2022.
- USCIS has announced that this is likely to be the last extension of the agency response accommodation.
To view entire article, click here.
United States, March 29, 2022
DHS Issues Final Rule to Expand USCIS Premium Processing Program in Phases
- The regulation will expand premium processing service to additional case types, including additional categories of I-140 petitions, certain Form I-765 employment authorization document (EAD) applications, and some Form I-539 applications to change or extend status.
- The rule will take effect 60 days after publication in the Federal Register, but implementation will occur in phases over a period of at least three years and dependent on DHS’s capacity.
- The phased implementation is expected to begin this fiscal year with EB-1 Multinational Manager and EB-2 National Interest Waiver (NIW) I-140 petitions, Form I-539 applications to change to F, J, or M status, and Form I-765 applications for F-1 Optional Practical Training (OPT) and J exchange visitor employment authorization.
- In FY 2025, premium processing is expected to become available for Form I-539 applications for extensions and changes of status for dependents of H, L, E, O, P, and R principal nonimmigrants, and for Form I-765 applications for an as yet unspecified additional group of EAD application types.
- The rule also announces a new method for determining when the premium processing clock starts for new case types, based on when USCIS receives “all prerequisites for adjudication,” which could lengthen the actual wait time for action on a case.
To view entire article, click here.
United States, March 29, 2022
USCIS Completes FY 2023 H-1B Cap Selection Process
- The annual quota of 85,000 new H-1B cap registrations was met in the initial registration period for employment in FY 2023, according to USCIS.
- The agency has completed the regular and advanced-degree selection lotteries, and has notified employers of selection results. Employers will need to log into their H-1B cap registration accounts to learn which beneficiaries were selected.
- H-1B cap selection notices thus far indicate an April 1 to June 30, 2022 petition filing period.
- If USCIS does not receive enough H-1B cap petitions during this filing period to meet the 85,000 H-1B annual limit, the agency may conduct one or more subsequent lottery selections to reach the limit, as it has done in recent years.
To view entire article, click here.
United Arab Emirates, March 28, 2022
Remote Working Visa Scheme Implemented
- The Remote Working Visa scheme, first announced in March 2021, has opened to applicants.
- The scheme allows foreign nationals to work remotely for their overseas employer while living in the United Arab Emirates for up to one year.
- Foreign nationals will be able to work from the United Arab Emirates without a local employment contract and benefit from the UAE’s digital infrastructure and location as a travel hub in the Middle East.
To view entire article, click here.
Other weekly news briefs
Belarus/Ukraine: Visa-Free Transit Implemented for Transiting Travelers from Ukraine – Until April 15, 2022, Belarus will allow visa-free entry to foreign citizens seeking to transit from Ukraine to their country of permanent residence via Belarus.
Chile: Initial Mercosur Visa Applications Suspended – Due to upcoming changes to the Temporary Residence category which were approved within the new immigration law in 2020, the National Immigration Service has stopped accepting applications for initial MERCOSUR Temporary Residence Visas through its online system until further notice. Since this option is no longer available, foreign nationals and employers should work with their immigration specialist for case-specific advice and alternative visa options. Already-filed MERCOSUR visa applications are unaffected and will continue to be processed. MERCOSUR renewal applications also remain available through the system.
Czech Republic/Belarus/Russia: Residence Permit Issuance Resumes – Effective April 1, 2022, Belarus and Russian citizens holding valid Czech entry visas for the purpose of collecting a residence permit in the Czech Republic can once again submit their biometric data (photograph and fingerprints) and collect their residence permit. These processes were suspended for these citizens in March, as the immigration office had reserved capacity to support Ukrainian citizen applicants.
Equatorial Guinea: eVisa System to be Implemented – The Vice President of Equatorial Guinea has announced an initiative to implement an eVisa system. The related rules are expected to be published before the end of 2022. The implementation of the eVisa system is aimed at boosting tourism and attracting investment in the country.
France: Online Filing Issues Persist – France's online filing system, called the “ANEF”, which is being progressively rolled out across work and residence authorization categories, continues to face issues such as unpredictable processing times; additional document requests by government authorities; and limited application guidance from government officials prior to filing. Additionally, Talent Passport Family applications can only be filed online once the principal Talent Passport applicant receives their identification number upon approval, causing a significant gap between the principal and dependent applications. This gap is particularly problematic where dependent visas are due to expire, or their applications face closure due to inactivity. There are also significant delays for the processing of children’s travel documents for “DCEM” applications, which are now being filed on the ANEF, with some Préfectures asking for the applications previously filed by other means to be re-filled on the ANEF.
Israel: Fast Track Visas for Ukrainian Citizens – As of March 29, 2022, Hi-Tech Israeli companies will be permitted to bring their Ukrainian workers and spouses to Israel with a quick entry permit and a 90-day work visa. This is a pilot program that provides two eligibility tracks: employees falling under the Law of Return (persons of Jewish descent), and those not eligible. All employees will receive a 90-day work permit, with the possibility to extend; spouses of employees will receive a work permit at an undefined later stage. Employees and their families will receive entry clearance within four business days.
Italy: Digital Nomad Visa Forthcoming – The Italian parliament has adopted framework legislation amending the existing immigration law and introducing a one-year Digital Nomad Visa. The Digital Nomad Visa is suitable for highly qualified work performed remotely via technological tools, either through self-employment or on behalf of a foreign company. The Visa will be issued for up to 12 months and should offer a streamlined entry path for eligible applicants, requiring only a visa and no additional work and residence permit. An inter-ministerial decree, expected to be published by the end of April, is required to establish the application procedure, eligibility criteria, minimum salary requirements and document requirements for the new visa type. Fragomen will publish an alert when this occurs.
Mexico: New Pre-Registration Clearance Process Implemented for Colombian Entrants – Starting April 1, 2022, all Colombian passport holders (including those who are temporary or permanent residents in Mexico) will be required to complete an online pre-registration prior to traveling to Mexico. Affected travelers must submit the pre-registration form using the National Immigration Institute (INM)'s designated online platform and will be required to upload digital copies of their documents, including the name and phone number of a contact person in their country of origin and in Mexico; passport valid for at least six months; temporary or permanent resident card issued in Mexico (if applicable); hotel reservation or proof of domicile in Mexico; round-trip ticket; and travel itinerary describing the activities to be carried out in Mexico. Upon submission of the pre-registration form and supporting documents, travelers will automatically receive a QR code. If approved, travelers will also receive a Multiple Immigration Form (FMM) by email, valid for up to 180 days. It is not yet known how long it will take the INM to issue the FMM after the traveler submits the pre-registration. Travelers should therefore complete the pre-registration process as soon as possible to ensure the QR code and FMM are obtained prior to travel. Travelers will need to present a printout of the QR code and FMM upon arrival. The new measure is the result of an agreement between Mexico and Colombia and is meant to both facilitate entry and reduce the number of Colombian nationals ruled inadmissible to Mexico, which has increased significantly in the last few months due to increased scrutiny of immigration documents for foreign nationals upon arrival.
New Zealand: New Visa Launched for Relatives of Ukrainian Citizens – Until March 15, 2023, eligible family members in New Zealand can nominate their parents, grandparents, siblings and adult children in Ukraine for the new 2022 Special Ukraine Visa by completing an expression of interest form. An eligible family member must be a New Zealand national or resident visa holder; live in New Zealand regularly; have been born in Ukraine or held citizenship or permanent residence in Ukraine; and must meet the requirements to sponsor a temporary-class visa. Once approved, the visa grants residence and work rights in New Zealand for two years.
Norway/Russia: Visa and Residence Permit Applications Suspended – Due to technical issues with online payment processing, visa application centers in Russia are currently not accepting visa applications until April 4, 2022, at which time the centers are expected to reopen, but on a limited basis. Additionally, the Norwegian Embassy in Moscow is not accepting residence permit applications. The suspension affects all applications filed from Russia starting March 9, 2022. Applications received before that date will be processed normally. Affected applicants are advised to apply from another country, if eligible, for example, based on another citizenship or residency; or seek guidance from an immigration professional.
Peru: Technical Issues with Online Visa Application System Causing Visa Application Delays – The National Superintendence of Immigration's online visa application system is experiencing technical issues due to system maintenance, preventing in-country initial or renewal visa applications, visa cancellations and other notifications from being filed. All immigration processes were migrated to online systems in 2020 and in-person visa applications are not available; therefore, processing delays for all in-country immigration applications can be expected until the system is fully restored. Consular visa applications are unaffected at this time. Fragomen is actively monitoring the system and contacting affected clients and will report on relevant updates as they occur.
Russia: Property Transactions with Non-Russian Residents Now Require Special Permission –A new special procedure for real estate transactions involving non-Russian residents has taken effect. In a transaction where one of the parties (applying to both an individual or a legal entity) is associated with a state deemed “unfriendly” to Russia, the parties must now obtain special permission from the Government Commission for the Control of Foreign Investments in Russia in order to complete the transaction. Association is defined as citizenship, residency registration, primarily conducting business or making profit, or controlling a Russian company through shares or direct management. Real estate transactions are defined as sales and purchases, gifts, in-kind transactions, rent, and participation in the construction of co-funding or cooperative housing. To secure the necessary special permission, a participant of the transaction must submit an application to the subcommittee appointed for this purpose. The application must be signed in person and must also be notarized if the applicant is an individual and not a legal entity.
Sweden: Health Insurance Review May Result in Stricter Health Insurance Requirements – The Migration Agency is reviewing international insurance policies to check whether their coverage meets Swedish national requirements. Providers such as Cigna and Allianz do not cover loss of income due to illness, a requirement under Swedish law. The Migration Agency is expected to issue guidance on next steps for affected permit holders and their employers shortly. There are indications that retroactive correction may not be required, but this is not yet fully confirmed. In the interim, employers are reminded that to prevent issues, they should sign up employees for local Swedish comprehensive health insurance for assigned workers.
United States/Ukraine: Certain Travelers From Ukraine Exempt from COVID-19 Requirements for U.S. Entry Through End of April – Through 11:59 PM EDT on April 30, 2022, certain nonimmigrants from Ukraine entering the United States are exempt from the COVID-19 vaccination requirements, according to an extended Department of Homeland Security (DHS) national interest exception (NIE) order. In addition, all U.S. citizens, green card holders, and nonimmigrants traveling with U.S. citizens and green card holders from Ukraine are also exempt from the pre-departure COVID testing requirement through May 1, 2022 if they were present in Ukraine on February 10, 2022, according to an updated Centers for Disease Control and Prevention (CDC) order. Both orders were initially set to expire on April 1, 2022. Nonimmigrants traveling from Ukraine will be permitted to enter the United States without showing proof of COVID-19 vaccination or a negative COVID-19 test result prior to boarding a flight to the United States if they: (1) are traveling with a U.S. citizen or lawful permanent resident; (2) were physically present in Ukraine as of February 10, 2022; and (3) possess valid travel documents allowing them to travel to the United States. Nonimmigrants who traveled under the NIE to the vaccine requirement will be required to receive a COVID-19 test within three to five days of arrival in the United States; self-isolate in the event of a positive post-arrival COVID-19 test or the development of COVID-19 symptoms; and become fully vaccinated for COVID-19 within 60 days of arrival in the United States if intending to stay for more than 60 days.
United States/Belarus/Russia: Certain Travelers Present in Belarus or Russia Exempt from Pre-Departure COVID Testing Through May 1 – Through 11:59 PM EDT on May 1, 2022, U.S. citizens, U.S. lawful permanent residents (LPRs), and valid U.S. immigrant visa holders who were physically present in Belarus or Russia as of February 28, 2022, are exempt from providing proof of negative COVID-19 test prior to boarding a flight to the United States, according to an extended Centers for Disease Control and Prevention policy. The policy had originally been set to expire on April 1. Note that under international air travel rules in effect since November 8, 2021, U.S. citizens, LPRs, and those holding immigrant visas are not required to provide proof of COVID-19 vaccination prior to boarding a flight to the United States.
Worldwide: Government Closures During Easter Week – Due to the observance of Easter week, government offices in the following countries will be closed as follows:
- Argentina, Bolivia, Colombia, Mexico and Peru: closed April 14-15.
- Canada, and Trinidad and Tobago: closed April 15 and April 18.
- Brazil, Chile and Ecuador: closed April 15.
- Costa Rica: closed April 11, 14 –15.
- Dominican Republic: expected to open half day on April 14; closed April 15.
- Guatemala: closed April 11–15.
- Panama: expected to close early or entirely on April 14; closed April 15.
- Uruguay: open half day on April 11-13; closed April 14-18.
- Venezuela: officially closed April 14-15, but likely to also close April 11-13.
Foreign nationals and employers should expect that government offices in other countries may be closed on these dates and should contact the government office for specific information.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
