Weekly Immigration Update: March 9 – 15, 2018

In United States immigration news this week, a cutoff date has been imposed for EB-1 China and India, while cutoff dates for EB-2 China and EB-3 India will advance significantly, according to the State Department's April Visa Bulletin. Following the issuance of the Visa Bulletin, USCIS announced it will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action next month. 

Canada has signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, along with 11 other countries. Also in Canada, the federal government has announced its 2018 budget, which shows a strong commitment to innovation, immigration compliance and enforcement as well as support for asylum seekers.

Foreign nationals in Mexico should expect delays lasting at least two weeks for pending work permit, permanent residency and corporate registration approval applications, due to the resignation of multiple immigration officials in Guadalajara, Mexico City and Monterrey.

On April 1, Panama will implement a new online system that will generate exit permits for certain Panamanian and legal resident minors leaving with one or no parents.

Poland has created two new permit types and a new government notification process in response to the EU Intracompany Transferee (ICT) Directive. In Estonia, the minimum gross monthly salary for foreign workers has increased by 6.5 percent for all permit types.

Foreign nationals entering the United Arab Emirates under a short-term visitor visa-on-arrival will receive a single-entry visa valid for up to 30 days each stay.  

These items and other news from Brazil, Czech Republic, Estonia, European Union, France, Oman, Peru, Singapore, Spain and the United States follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, March 14, 2018
April Visa Bulletin Update: USCIS to Honor Employment-Based Final Action Dates Only Next Month

In April, USCIS will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action under the State Department's April Visa Bulletin.

To view entire article, click here.

 

United States, March 13, 2018
April 2018 Visa Bulletin - Cutoff Date for EB-1 China and India; Significant Advancements for EB-2 China, EB-3 India

• Due to very high demand, a cutoff date of January 1, 2012 will be imposed for EB-1 China and India.
• EB-2 China will advance by nearly eight months, to August 1, 2014.
• EB-2 India will advance by one week, to December 22, 2008.
• EB-3 cutoff dates for professionals and skilled workers will advance by over six months for China, to June 1, 2015, and by over a year for India, to February 1, 2008.

To view entire article, click here.

 

Mexico, March 15, 2018
Resignation of Immigration Officials to Cause Significant Application Delays

• Due to the resignation of multiple immigration officials in Mexico in Guadalajara, Mexico City and Monterrey, foreign nationals should expect delays lasting at least two weeks for pending work permit, permanent residency and corporate registration approval applications.
• Foreign nationals and employers can still submit initial applications in these categories but should consider delays of at least two weeks when planning start dates. 

To view entire article, click here.

 

Brazil, March 15, 2018
Some Residence Applications No Longer Require Police Clearance Certificates

The Ministry of Labor no longer requires in-country residence authorization applicants in Brazil to submit police clearance certificates from all countries where the applicant has lived in the last five years if the applicant already submitted such certificates with their initial visa application at a Brazilian consulate abroad.

To view entire article, click here.

 

Panama, March 15, 2018
Mandatory Online System for Minors’ Exit Permits Forthcoming

The Panamanian Immigration Office has implemented a new online system which will generate exit permits for certain Panamanian and legal resident minors leaving Panama with one or no parents on or after April 1, 2018. The new system is expected to streamline the exit permit process for minors.

To view entire article, click here.

 

Peru, March 15, 2018
Personal Appearance to be Required for Visa Application Submission

Effective March 19, 2018, Peruvian immigration authorities will require foreign nationals applying for visas in-country to appear in person to submit biometrics. Currently, third parties, including authorized law firms, can submit visa applications on behalf of foreign nationals.

To view entire article, click here.

 

United Arab Emirates, March 15, 2018
Short-Term Visitor Visa-on-Arrival Conditions Improved

• Foreign nationals entering the United Arab Emirates under a short-term visitor visa-on-arrival will receive a single-entry visa valid for up to 30 days each stay. 
• Visa-on-arrival holders will be less likely to face overstay fines for mistakenly staying in the country over the previous total allowable stay of 30 days cumulatively for all visits.

To view entire article, click here.

 

Canada, March 13, 2018
Federal Budget for 2018 Announced

The Canadian federal government announced its 2018 budget, which shows a strong commitment to innovation, immigration compliance and enforcement as well as support for asylum seekers in Canada.

To view entire article, click here.

 

Czech Republic, March 12, 2018
Czech Consulate in New Delhi Suspends Residence Permit and Employee Card Appointments

• The Czech Consulate in New Delhi, India has temporarily suspended appointments for residence permits and Employee Cards due to a lack of available appointments for several months. 
• As a result, foreign nationals in India and Indian nationals will not be able to obtain residence permits or Employee Cards for the Czech Republic at this consulate until this issue is resolved. 

To view entire article, click here.

 

Venezuela, March 9, 2018
Inoperable Website Delaying Police Clearance Certificate Issuance

The website for the Ministry of Home Affairs in Venezuela is currently inoperable, preventing Venezuelan nationals and foreign nationals from obtaining police clearance certificates.

To view entire article, click here.

 

Canada, March 9, 2018
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Signed

On March 8, 2018, Canada signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), along with 11 other countries. Once member countries ratify the agreement, the CPTPP will be one of the largest free trade agreements in the world and will offer qualifying business visitors, investors and skilled workers reciprocal access to each other's economic and labor markets.

To view entire article, click here.

 

Estonia, March 9, 2018
Salary Thresholds Increased

Effective March 1, 2018, the minimum gross monthly salary for foreign workers has increased by 6.5 percent for all permit types.

To view entire article, click here.

 

Poland, March 9, 2018
Intracompany Transferee Directive Implemented

Poland has created two new permit types and a new government notification process to implement the EU Intracompany Transferee (ICT) Directive. 

To view entire article, click here.

 

Weekly News Briefs

United States: DHS OIG Recommends Improvements to USCIS's Green Card Application Processing Information and Adjudication Goals -- A report by the Department of Homeland Security (DHS) Office of Inspector General (OIG) recommends that USCIS present green card application processing information more clearly on its website and reassess its current goal of adjudicating green card applications within 120 days. Though USCIS regularly posts green card application processing times on its website, the information provided no longer reflects the amount of time it actually takes to adjudicate a case. The average time it takes to process green card applications has increased, and USCIS is not meeting its goal of adjudicating applications in 120 days. Since fiscal year 2011, the overall average number of days it takes to complete an application has risen to more than twice the goal. The OIG report states that this is because the goal itself is unrealistic. USCIS has indicated that it concurs with OIG's recommendations. The agency has begun testing a new method to determine processing times from existing systems, and will analyze final processing times data to consider whether adopting a new goal is necessary and determining what that goal should be. 

Brazil: Family Reunification Applicants Require Police Clearances – As part of the new immigration law, the Brazilian Ministry of Justice has published a new regulation for foreign nationals applying for Family Reunification at the Federal Police Department in Brazil. Although the Family Reunification application process remains practically unchanged, it requires Family Reunification applicants to obtain a police clearance from all countries in which he/she has resided during the past five years. This additional requirement may delay the visa application process for some foreign nationals as it can be time-consuming to obtain police clearance certificates. Foreign nationals legally residing in Brazil and Brazilian nationals seeking to sponsor dependents may request a Family Reunification visa at a Brazilian consulate abroad (in which case they may also be required to present police clearance certificates) or at the Federal Police in Brazil once they arrive as visitors.

Czech Republic: Fast Track Quota Almost Exhausted, Additional Spots Created – The Ministry of Interior has confirmed that the Fast Track Program has less than 18 expedited application spots left. The program offers expedited processing for registered sponsors for only 120 permit applications per year, and is generally filled in the first months of the year. The Ministry has announced that starting May 2018, it will process an additional 10 Fast Track applications per month, even when the quota is filled, to compensate for the increased interest in the program.

Estonia: Digital Nomad Visa to be Introduced – The Ministry of Interior is working on legislation that would introduce a new visa category for teleworkers. The ‘Digital Nomad’ visa category should become available early 2019. The visa targets freelance workers working mostly online who spend at least half the year travelling. It would be available for a duration of up to one year, and would include Schengen travel rights.

European Union: Proposal to Reform Visa Code – The European Commission has submitted a proposal to reform the EU Visa Code, aiming to remove administrative burdens and facilitate entry of visitors into Schengen Member States while enhancing security. The proposal must be approved by the European Parliament and the Council of Ministers before it can take effect.  The proposal would simplify the short-term Schengen visa application process by reducing processing times from 15 to 10 days; enabling visa application submission up to six months in advance; allowing foreign nationals to complete and sign their visa applications online; allowing trusted regular travelers to obtain short-term visas granted for up to five years; allowing EU Member States to issue single-entry and country-specific seven-day visas-on-arrival under strict conditions; and raising business visa fees from EUR 60 to EUR 80 to reinforce and invest in security checks.

France: Laws to Prevent Illegal Work Proposed – The Minister of Labor has proposed 16 laws aimed at preventing illegal and unauthorized work in France. The proposed measures include increased sanctions for unauthorized and fraudulent work by foreign workers (from EUR 2,000 to EUR 3,000 per employee to EUR 4,000 to EUR 6,000 per employee); a new blacklist for employers sanctioned for illegal work; reinforcement of administrative sanctions for employers violating labor laws, increased powers to local Prefectures to close businesses that violate labor laws and increased labor inspectors' powers. More information is available here (in French). The proposals will be debated this year and a three-year plan is expected to be confirmed by the end of 2018. Fragomen will report on additional details and impacts as the proposals are implemented. In the meantime, employers are encouraged to continue to work with their immigration professional to ensure compliance with existing labor and immigration laws and to learn about the potential impacts of the proposed stricter rules.

Oman: Visitor Visa Applications to be Required Prior to Travel – Starting March 21, 2018, foreign nationals applying for all visitor visas for tourism, including visas-on-arrival, will have to apply through the Royal Oman Police electronic portal prior to travel to Oman. Previously, foreign nationals could obtain a visa-on-arrival directly at the port of entry. The processing time for applications through the e-portal is at least three days.

Singapore: Update on Issuance of New Work Pass Cards for Employment Pass, S Pass and Dependant's Pass Holders – The Ministry of Manpower (MOM) recently announced that Phase 3 implementation of its plan to change the format of work pass cards issued to foreign workers in Singapore will start on March 20, 2018. At that time, work pass cards issued to Employment Pass, S Pass, and Dependant Pass holders will be in a new format, which excludes information such as date of expiry and occupation, and incorporates a Quick Response (QR) code that allows the card to be scanned using the SGWorkPass mobile app. Employers and other stakeholders can verify the status, expiry date and other details of the work pass using their smart phones. As a reminder, there is no need to replace currently valid work pass cards with new ones. These will remain valid and will be replaced when the foreign national changes or renews their work passes.

Spain: Appointment for Temporary Foreigner’s Identification Number in Madrid – Foreign nationals now require an appointment to obtain their temporary foreigner’s identification number (NIE number) in Madrid. The NIE number is issued in a registration certificate (NIE certificate) and is required, among other document, to open a local bank account, for local tax purposes, to enroll in local health insurance or to purchase a house or car. The NIE certificate is issued in five business days from the appointment. Previously, no appointment was needed and the certificate would be issued in two to three business days.

 

Global Immigration News Links

• Fifty-eight percent of Americans say technology poses a greater threat to jobs in the U.S. over the next decade, while 42% see immigration and offshoring as the greater threat, according to a Northeastern University/Gallup survey. 
• The European Parliament recommends an Association Agreement as a suitable format for future relations between the European Union and the United Kingdom.
• The Guardian reported on a sharp rise in the number of EU nationals applying for UK citizenship.​

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