Weekly Immigration Update: March 5–11, 2021
March 11, 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- United States: As of March 9, the Department of Homeland Security’s (DHS) 2019 public charge rule is no longer in effect. Accordingly, green card applicants and applicants for nonimmigrant changes and extensions of status are no longer required to provide documentation or information solely required by the 2019 regulation. Separately, DHS has designated Venezuela for Temporary Protected Status (TPS) for 18 months, from March 9, 2021 through September 9, 2022. Eligible applicants can apply for Venezuela TPS-related employment authorization documents and travel permission through September 5.
- United Kingdom: The UK government announced Immigration Rules changes, which include a new graduate route, an expanded shortage occupation list for Skilled Workers, and Streamlined Global Talent visa access to certain award recipients, among others.
- Saudi Arabia: The launch of a new Professional Verification initiative will enable the government to evaluate the skills of foreign workers in the private sector and limit the participation of unskilled workers in the labor market.
- Singapore: Starting May 1, Dependant’s Pass (DP) holders will be required to secure a work pass in order to work in Singapore, except for business owners under a Dependant’s Pass who create local employment.
- Minimum salary requirements: Poland updated its 2021 minimum salary level. Check this consolidated information page for more information.
- Canada: The Quebec government released additional details describing the eligibility requirements for its forthcoming immigration pilot programs granting permanent residence.
These items and other news from Angola, Costa Rica, Curacao, India, Russia and the United States follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
DHS Public Charge Rule Invalidated as Biden Administration Drops Lawsuit Appeals
- As of March 9, 2021, the DHS public charge rule is no longer in effect.
- Adjustment of status applicants are no longer required to submit Form I-944 declarations of self-sufficiency and related documentation as of that date.
- Applicants for nonimmigrant changes of status and extensions of stay are no longer required to respond to questions about their receipt of public benefits.
- The change results from the Biden administration withdrawing its pending government appeals on challenges to the rule, therefore allowing a lower court order vacating the rule to take effect.
To view entire article, click here.
Canada, March 10, 2021
Additional Information Published on Quebec’s Forthcoming Pilot Programs
- The Quebec government released additional details describing the eligibility requirements for its forthcoming immigration pilot programs granting permanent residence: the immigration pilot program for workers in the artificial intelligence, information technologies, and visual effects sector; and the immigration pilot program for orderlies.
- The permanent immigration pilot program for workers in the artificial intelligence, information technologies and visual effects sector will be implemented on April 22, 2021, and the permanent immigration pilot program for orderlies will be implemented on March 31, 2021.
- These programs will allow employers to hire and retain workers in sectors with labor shortages.
To view entire article, click here.
India, March 9, 2021
Increased Enforcement and New Notification Rule for Overseas Citizen of India Cardholders
- The Indian government is enforcing the rule for Overseas Citizen of India (OCI) cardholders performing research as scholars under universities/other institutions, journalistic activities, certain missionary work and OCI cardholders visiting a Protected, Restricted and Prohibited area in India to obtain special permission from the relevant government authorities.
- Also, according to a new rule, OCI cardholders residing in India must now email the jurisdictional Foreigners’ Regional Registration Office or Foreigners’ Registration Office if there are changes in their permanent Indian residential address and/or occupation.
To view entire article, click here.
United States, March 9, 2021
DHS Designates Venezuela for TPS Status and Provides Instruction for Venezuelan DED-Related EADs
- Secretary of Homeland Security Alejandro N. Mayorkas has designated Venezuela for Temporary Protected Status (TPS) for 18 months, from March 9, 2021 through September 9, 2022.
- The 180-day registration period for eligible individuals to submit TPS applications will run from March 9, 2021 through September 5, 2021. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
- DHS has also provided information on how eligible Venezuelans may apply for Deferred Enforced Departure (DED)-related EADs based on a January 2021 presidential memorandum that provides DED for Venezuelan nationals through July 20, 2022.
- Venezuelan nationals who believe they are eligible for TPS are encouraged to apply during the initial registration period even if they are also covered by DED, in case they are not able to qualify for a late TPS initial filing after DED protection expires.
To view entire article, click here.
Saudi Arabia, March 9, 2021
Professional Verification Scheme Launched to Regulate Labor Market
- The Professional Verification initiative has been launched to evaluate the skills of foreign workers in Saudi Arabia’s private sector.
- The initiative will be gradually implemented beginning in July 2021 and will require foreign workers in over 1,000 specialized professions to undergo an examination to show that they are qualified to serve in that position.
- The scheme will limit the participation of unskilled workers in the labor market and is expected to increase the overall timeframe and cost of employing foreign nationals due to the additional step in the recruitment process.
To view entire article, click here.
Singapore, March 8, 2021
Work Authorization to be Required for Dependant’s Pass Holders Working in Singapore
- Starting May 1, 2021, Dependant’s Pass holders will be required to secure a work pass in order to work in Singapore, except business owners under a Dependant’s Pass who create local employment.
- Currently, Dependant’s Pass holders only need to apply for a Letter of Consent to be able to work in Singapore.
- Individuals currently working under a Letter of Consent may continue working until its expiry but will be required to apply for a work pass to continue working in Singapore after that.
- Employers that hire Dependant’s Pass holders will have to comply with the conditions for hiring foreign nationals, including relevant qualifying salary, employee quotas and levies
To view entire article, click here.
United Kingdom, March 5, 2021
Immigration Rules Changes Announced
The UK government has published a Statement of Changes to the Immigration Rules. Key changes include, among others:
- The opening of a New Graduate Route on July 1, 2021;
- An expanded shortage occupation list for Skilled Workers; and
- Streamlined Global Talent visa access for winners of specified awards.
To view entire article, click here.
Other weekly news briefs
Costa Rica: Further Details on Visa Waiver for Chinese Nationals Published – The General Immigration Directorate (DGME) has provided further details on the special visa waiver protocol for nationals of China who are 18 years of age or older, with passports issued in Beijing or Shanghai (and who are not visa-exempt based on an eligible visa or immigration status from another country). The published decree confirms the below information and changes:
- Under the visa waiver program, eligible Chinese nationals can enter Costa Rica only for leisure and recreational activities. Business activities are not contemplated under the published protocol.
- An eligible Costa Rican tour agency (approved by the Costa Rican Tourism Institute or registered as a PYME with the Ministry of Commerce) must submit a visa waiver application to the DGME on behalf of the Chinese national, at least three business days before the intended date of the trip. The application must include a copy of a tourism package acquired by the Chinese national with the agency (with the dates and exact places the foreign national will visit while in Costa Rica). Foreign nationals require an approval notification issued by the DGME before they can enter Costa Rica under the visa waiver.
- The maximum allowable period of stay in Costa Rica for Chinese nationals under the visa waiver protocol will be granted for the period of the acquired tourism package and cannot exceed 30 days.
Approval of the visa waiver does not guarantee entry to Costa Rica; other entry requirements and restrictions remain.
Curacao: Extended Stay for Remote Workers – The government of Curacao has implemented the @HOME in Curacao program, which allows foreign nationals to apply online to work remotely from Curacao for up to six months (with the possibility of another six-month extension), whereas remote work (that does not include any type of employment with a local entity in Curacao) is only generally allowed in visitor status for up to 30 days. Foreign nationals seeking to stay under this program must demonstrate proof of economic solvency through a declaration of assignment (if they own a company outside Curacao) or an employment contract or employer declaration from an employer outside Curacao; proof of medical/health insurance (including COVID-19 related coverage); and have a clean criminal record. Foreign nationals considering a remote work arrangement in Curacao should consult a professional for tax and other legal implications, especially if extending their initial stay beyond six months.
Russia: Installation Visa Validity Limited – Installation work visas can now only be issued for a single entry, where these activities could previously be performed under a technical service (business) visa which could be issued for single, double or multiple entries up to one year. The technical service visa category was renamed as part of a broader visa streamlining effort, which also bundled the prior commercial visa category into the general business visa. As before, eligible applicants need not obtain a work permit or sign a local labor or civil contract.
United States: Latest PERM and PWD Processing Times – As of February 28, 2021, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in July 2020 or earlier, and processing audited cases filed in March 2020 or earlier. DOL is working on standard reconsideration requests submitted in October 2020 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM requests filed in August 2020 and H-1B requests filed in September 2020. The agency has been processing PERM and H-1B redeterminations requested in January 2021. PERM center director reviews requested in February 2021 remain pending. These reports are available on the FLAG page.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
