Weekly Immigration Update: May 13–19, 2022
May 19, 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.
- Europe: Countries continue to temporarily suspend visa issuance and restrict other immigration rules for Russian citizens.
- United States: Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s June 2022 Visa Bulletin. The Department of Homeland Security (DHS) has designated Afghanistan for Temporary Protected Status (TPS) for 18 months from May 20, 2022, through November 20, 2023. The registration period for eligible individuals to submit TPS applications and TPS-related employment authorization documents (EADs) and travel permission will run for that same period. DHS has also announced that it will suspend certain employment authorization rules for Afghan students in F-1 status who are experiencing severe economic hardship as a direct result of the current situation in Afghanistan.
- Chile: The Ministry of Interior has published the final implementing regulation that restructures Chile’s visa categories, effective immediately. Under the restructured system, foreign nationals seeking to reside and work in Chile must obtain a Temporary Residence Visa, phasing out all previous residence and work permit categories, including the Work Contract Visa.
- South Africa: The Department of Home Affairs is providing an automatic extension of status until June 30, for applicants currently in South Africa with pending visas and waivers, due to processing delays in adjudicating long-term visa applications.
- New Zealand: The government has released updated rules that impact applicants of the new Accredited Employer Work Visa (AEWV) Program opening on July 4, companies employing foreign nationals with open work rights, and certain foreign nationals with expiring visas.
- United Arab Emirates: A new Unemployment Insurance Scheme will apply to both Emirati and foreign nationals who work in the public or private sector, starting January 2023.
These items and other news from Belarus, Belgium, Czech Republic, Italy, Russia, Saudi Arabia, United Arab Emirates, the United Kingdom, and the United States follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, May 19, 2022
DHS Designates Afghanistan for TPS; Expands Employment Options for Afghan Students
- Secretary of Homeland Security Alejandro N. Mayorkas has designated Afghanistan for Temporary Protected Status (TPS) for 18 months, from May 20, 2022 through November 20, 2023.
- The registration period for eligible individuals to submit TPS applications will run for that same period, from May 20, 2022 through November 20, 2023. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
- Afghan nationals who entered the United States via humanitarian parole under the Operation Allies Welcome program may be eligible for TPS if they meet all stated criteria.
- DHS has also announced that it will suspend certain employment authorization rules for Afghan students in F-1 status who are experiencing severe economic hardship as a direct result of the current situation in Afghanistan.
To view entire article, click here.
United Kingdom, May 19, 2022
Increasing Processing Delays for Out-of-Country Immigration Applications
Foreign nationals applying for UK immigration applications from outside the United Kingdom have been experiencing significantly increased processing times due to the prioritising of applications made under the Ukraine Visa Scheme.
To view entire article, click here.
United Arab Emirates, May 19, 2022
Unemployment Insurance Scheme Forthcoming
- Effective January 2023, Emirati and foreign nationals will have access to a new Unemployment Insurance Scheme in the United Arab Emirates.
- This measure is a part of the United Arab Emirates’ effort to encourage Emirati nationals to work in the private sector and is another step toward the national vision to attract and retain talent to maintain a dynamic labor market.
To view entire article, click here.
New Zealand, May 19, 2022|
Updates Released for the New Accredited Employer Work Visa Program and Reopening of Country
- The government of New Zealand released updates to the soon-to-be launched Accredited Employer Work Visa (AEWV) program, which goes into effect on July 4, 2022.
- Under the AEWV, the government has introduced a Green List of occupations which allows certain applicants to become eligible for a fast-track pathway to residence, or a two-year work-to-residence pathway. The program also exempts applicants from certain sectors to meet the minimum salary requirement for the AEWV.
- Most dependent spouses or partners of AEWV holders are required to apply for their own AEWV if they are seeking to work in New Zealand.
- Additionally, all employers, including those who are employing foreign nationals with open work rights such as those on a working holiday or student visa holders, will be required to become accredited employers during the course of 2023.
- The last stages of the New Zealand re-opening border plan has been moved up, with the border re-opening in July 2022.
To view entire article, click here.
Worldwide/Russia, May 18, 2022
Update on Visa Suspensions for Russian Citizens
- As an update, some European countries continue to temporarily suspend visa issuance and restrict other immigration rules for Russian citizens. Employers with Russian citizen employees should take these suspensions into account for in-process and upcoming moves, and notify their employees of any travel implications.
- Since the situation is fluid, we will consolidate further updates on this alert page.
To view entire article, click here.
United States, May 16, 2022
Beginning May 18, 35,000 Additional H-2B Visas Become Available for Second Half of FY 2022
- Beginning May 18 and through September 15, 2022, employers will be able to petition for an additional 35,000 H-2B quota numbers for temporary non-agricultural positions with start dates on or after April 1, 2022 to September 30, 2022.
- The supplemental H-2B allocation consists of 23,500 visas available to returning workers who were granted an H-2B visa or have held H-2B status in fiscal years 2019, 2020, or 2021, and 11,500 visas for nationals of Haiti, El Salvador, Guatemala, and Honduras, regardless of whether they are H-2B returning workers.
- Petitioners must attest that their business is suffering irreparable harm or will suffer impending irreparable harm if they are unable to hire additional H-2B workers.
To view entire article, click here.
Chile, May 16, 2022
New Regulation Restructures Visa Categories
- As an update to the progress of the new immigration law approved in 2020 and published in April 2021 in Chile, the Ministry of Interior has published the final implementing regulation restricting Chile’s visa categories.
- Foreign nationals seeking to reside and work in Chile must now obtain a Temporary Residence Visa, phasing out the previous residence and work permit categories (including the Work Contract Visa).
- The new Temporary Residence Visa category has 16 subcategories, including for workers (both self-employed or employed by a company) performing remunerated work; executives or directors traveling regularly to Chile to perform investment and business activities; foreign nationals seeking job opportunities; and seasonal workers, among others.
- The new immigration law is meant to modernize the immigration system, which has existed largely unchanged since 1975, by providing a more organized migration system.
To view entire article, click here.
United States, May 13, 2022
June 2022 Visa Bulletin Update – USCIS to Honor Final Action Dates for Employment-Based Categories
Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s June 2022 Visa Bulletin.
To view entire article, click here.
South Africa, May 13, 2022
Concessions Granted Due to Processing Delays of Long-Term Visa Applications
- The Department of Home Affairs is providing an automatic extension of status until June 30, 2022, for applicants currently in South Africa with pending visas and waivers, due to processing delays in adjudicating long-term visa applications.
- The processing delays are a result of a measure put in place in January, where the Department of Home Affairs required all long-term visa applications to be adjudicated in Pretoria, instead of at the South African consular posts. Due to understaffing, there is now a backlog of applications.
- Employers should ensure that they plan their employees’ start dates at least six months in advance to accommodate the lengthier processing times to meet their projected assignments or local employment start dates.
To view entire article, click here.
Other weekly news briefs
Belarus: Visa-Free Regime for Latvian and Lithuanian Nationals Extended – The visa-free entry regime for Latvian and Lithuanian nationals, which was implemented on April 15, 2022, and set to end on May 15, 2022, has been extended until December 31, 2022. The visa-free regime allows these citizens to cross the Belarusian border without a visa at checkpoints on the Belarusian-Latvian and Belarusian-Lithuanian borders an unlimited number of times for temporary stays of up to 90 days in a calendar year, and to visit the border zone without a pass.
Belgium: Government Fees to Decrease – Effective May 26, 2022, government filing fees in Belgium will decrease to EUR 126 for Single Permit applications (including highly skilled workers, EU Blue Card and EU Intra-Company Transferee Permit), down from EUR 366; and to EUR 181 for spouses of employment-based permit applicants, down from EUR 209. D Visa application fees will remain unchanged at EUR 180. The fees are due to a reassessment of the government's costs in processing immigration applications.
Czech Republic: Higher Income Required for Permanent Residence Applicants – Czech authorities published a legislative update increasing the funds required for permanent residence permit applications; applicants were previously only required to demonstrate 'sufficient funds'. As of April 1, 2022, applicants must demonstrate sufficient stable income to cover subsistence and housing for the principal applicant and any accompanying dependents. Specifically, applicants must have access to CZK 3,910 for the oldest applicant (themself or their spouse/partner); CZK 3,530 for another adult applicant; and between CZK 2,170 to 3,050 for dependent children, depending on their age. Applicants must have access to an additional CZK 13,629-22,495 for housing (including rent, electricity, water etc.). Applicants are advised to budget for the increased funding requirements and anticipate additional time to prepare supporting documents.
Italy: Work Permit Portal Back Online, Issues Persist – As an update, the Ministry of Interior website utilized to file work permit applications is back online. However, the new website is not yet fully functional and users are reporting frequent technical issues, causing delays and difficulties in filing work permit applications. Additionally, online applications must now include scanned copies of all mandatory supporting documents, whereas previously, only the application form was mandatory, and documents were submitted upon completion of background checks by immigration, labour and police authorities. Separately, immigration offices in Florence, Milan, Rome and Torino, among others, have cancelled residence permit appointments because appointment scheduling systems are currently blocked. It is not yet clear when these technological issues will be resolved. Applicants should anticipate filing and processing delays.
Russia: Proposed Law Would Allow Favorable Work and Residence Conditions for Information Technology Specialists – The Russian government has introduced a draft law in the State Duma which, if passed, would allow foreign information technology specialists employed in Russia by accredited information technology companies (with the exception of residents in certain economic zones) to work without work permits and to obtain permanent residence permits without having a temporary residence permit for one year. The foreign national’s permanent residence permit will be linked to their information technology specialist status, which will be subject to cancelation if the foreign national ends their employment with their company and is not hired by another information technology company within 30 business days, or if their information technology company loses accreditation. Dependents of these foreign nationals (including spouses, children, parents, spouses of children, spouses of parents, grandparents and grandchildren) will be able to obtain permanent residence permits. If the law is adopted, it will take effect 90 days following the date of its publication.
Saudi Arabia: New Saudization Requirements Announced for Select Professions in Amusement Parks and Entertainment Centers – The Ministry of Human Resources and Social Development (MHRSD) issued a decision implementing strict Saudization requirements at amusement parks and entertainment centers for select professions, such as branch managers, supervisors, and customer service and sales agents, effective September 23, 2022. Specifically, 100 percent of the employees will be required to be Saudi nationals for amusement parks within closed commercial complexes (malls) and 70 percent of the employees will be required to be Saudi nationals for establishments in the independent and seasonal entertainment cities and family entertainment centers. However, for both locations, certain professions are exempt from these requirements, such as painters, cleaners, bus drivers, and loading and unloading workers, among others. Exempt professions cannot exceed 50 percent of all employees in one shift if there are three or more employees, or 40 percent of all employees in one shift if there are seven or more employees. Saudization ratios only apply if there are three or more employees in one shift. Non-compliant employers will be subject to penalties, including the suspension of new work permits and the prohibition of the transfer of employees.
United Arab Emirates: One-Year Residence Visa Scheme Implemented for Nationals of Ukraine – Effective immediately, the UAE authorities have implemented a one-year residence visa scheme for nationals of Ukraine, in a move to facilitate long-term residency for Ukrainians who arrived in the United Arab Emirates through visa-on-arrival or are in the United Arab Emirates under a cancelled or expired visa. The eligibility criteria for this scheme does not include Ukrainian nationals who are outside the United Arab Emirates. Standard documentation such as a passport with a minimum validity of six months, a passport photo and a health insurance policy are a requirement for the visa scheme. Additionally, a medical test is mandatory for Ukrainian nationals above 18 years of age.
United Kingdom: Visa-Free Travel for El Salvador Nationals Suspended – A Statement of Changes has suspended the visa-free regime for nationals of El Salvador entering the United Kingdom, effectively adding these nationals to the visa-required list. During a transitional period until June 8, 2022, Salvadorian nationals who hold confirmed reservations to the United Kingdom made before May 11, 2022, and whose arrival is no later than June 8, 2022, will be exempt from the visa requirement.
United Kingdom: Electronic Visa Waiver Program Expanded – Effective June 1, 2022, Bahrain and Saudi Arabian nationals will be permitted to use the Electronic Visa Waiver scheme in the United Kingdom. Instead of obtaining a visa, the traveller must complete the waiver application prior to a single-entry flight to the United Kingdom. The Visa Waiver program allows stays for up to six months. This change brings Bahrain and Saudi Arabia in line with other Gulf states, whose nationals are also eligible for the Electronic Visa Waiver program.
United States/China: Certain Travelers Departing from Shanghai Exempt from Pre-Departure COVID Testing Through June 10 – Through 11:59 PM EDT on June 10, 2022, U.S. citizens and nationals, U.S. lawful permanent residents (LPRs), valid U.S. immigrant visa holders, and nonimmigrants traveling with U.S. citizens and LPRs who are departing from Shanghai, China, are exempt from providing proof of negative COVID-19 test prior to boarding a flight to the United States, according to the Centers for Disease Control and Prevention. The policy had originally been set to expire on May 11, 2022. Note that COVID vaccination and vaccine exception rules under current international air travel policy remain in effect, where applicable, for this group of travelers.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.