Weekly Immigration Update: May 25 – 31, 2018

In United States immigration news this week, the Department of Homeland Security (DHS) is accepting H-2B petitions for fiscal year 2018 until the additional quota numbers are exhausted or until September 14, 2018, whichever is sooner. DHS is also accepting public comments through June 28, 2018 on its proposal to rescind the International Entrepreneur Rule, a program that offers temporary parole to foreign entrepreneurs who have established a U.S. start-up.

Brazil has relaxed its Short-Term Technical Visa rules. Argentina has increased the fees for all immigration related processes.

Employers in Germany seeking work and residence permit pre-approval from the Federal Employment Agency should expect stricter review standards and delays. Employers in Italy should expect increased inspections by the Italian Labour Inspectorate. Greece has introduced legislation implementing the Intracompany Transferee (ICT) Directive but the ICT Permit cannot take effect until a presidential decree is issued.

In Thailand, certain foreign nationals conducting urgent work are now allowed a one-time extension of their stay for 15 calendar days.

Israel has published updates on the employment of visa exempt nationals by Israeli hi-tech and cyber nationals.

These items and other news from Austria, Canada, Finland, Germany, Ireland, Nigeria, Papa New Guinea, Slovak Republic, United Arab Emirates and the United Kingdom follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, May 29, 2018
DHS to Accept Petitions for Additional FY 2018 H-2B Visas Starting May 31, 2018

• Petitions will be accepted until the additional quota numbers are exhausted or until September 14, 2018, whichever is sooner.
• Petitioners must attest that they will suffer irreparable harm if they are unable to hire additional H-2B workers.

To view entire article, click here.

 

United States, May 25, 2018
DHS Will Make Additional H-2B Visas Available for Employment in FY 2018

• Employers will soon be able to petition for an additional 15,000 H-2B visas for employment in FY 2018.
• DHS is expected to issue filing instructions in the near future.
• Petitioners will need to show their business is at risk of failing if they are unable to hire additional H-2B workers.

To view entire article, click here.

 

United States, May 25, 2018
DHS Proposes Rescission of the International Entrepreneur Parole Regulation

• The long-anticipated proposed rule seeks to terminate a program that offers temporary parole to foreign entrepreneurs who have established a U.S. start-up.
• The proposed rule was published on May 29; DHS will accept public comments for 30 days thereafter.

To view entire article, click here.

 

Argentina, May 31, 2018
Increased Fees for Immigration Related Processes

The Dirección Nacional de Migraciones, the Argentinian immigration authority, has increased the fees for all immigration related processes, effective immediately. Employers and foreign nationals should budget accordingly, as the new fees can reach as high as four times their previous amount.

To view entire article, click here.

 

Slovak Republic, May 31, 2018
Technical Issues at Foreign Police in Bratislava Resolved

The technical issues at the Foreign Police in Bratislava have been resolved. Foreign nationals can immediately begin visiting the Foreign Police for required immigration processes.

To view entire article, click here.

 

Italy, May 30, 2018
Increased Employer Inspections Ahead

The Italian Labour Inspectorate implemented stricter rules regarding the investigation of posted workers, which will result in increased employer inspections by the Inspectorate.

To view entire article, click here.

 

Austria, May 30, 2018
Authorities Announce Increased Social Security Enforcement Activities

Government audits and worksite inspections are growing more likely for employers in Austria, following a recent Austrian Federal Police announcement regarding an increase in social security investigations and enforcement actions. The Federal Police plans to target perceived widespread wage fraud and unequal employment practices among subcontractors. Companies that subcontract foreign workers to entities in Austria, in particular, should ensure they have a strong approach to immigration and social security compliance.

To view entire article, click here.

 

Germany, May 30, 2018
Federal Employment Agency Applications Subject to Stricter Review Standards and Delays

Due to a new Federal Employment Agency unit responsible for the review of immigration compliance in Germany, employers seeking work and residence permit pre-approval from the Federal Employment Agency, which is required for most applications, should expect:

• Stricter adjudication standards; and
• An increase in the use of discretionary authority to apply increased minimum salary levels.

This may increase processing times of applications requiring preapproval by the Agency.

To view entire article, click here.

 

Thailand, May 30, 2018
Urgent Work Permit Extensions Now Allowed

Foreign nationals conducting urgent work in Thailand are now permitted to extend their stay once, for another 15 calendar days, if their work has not been completed in the initial allowable 15-day period.

To view entire article, click here.

 

Brazil, May 29, 2018
Technical Visa Rules Relaxed

The Ministry of Labor announced enhancements to the Short-Term Technical Visa, including:

• Changing the 180-day validity period to be cumulative, allowing foreign nationals more flexibility to travel outside of Brazil under the Technical Visa; and
• Allowing foreign nationals to provide technical assistance to more than one company.

To view entire article, click here.

 

Israel, May 29, 2018
Hi-Tech Visa Process Changes Implemented for Visa Exempt Nationals

The Israeli Ministry of Interior published the following updates on the employment of visa exempt nationals by Israeli hi-tech and cyber companies:

• Visa exempt nationals are now subject to consular processing prior to their arrival to Israel, adding 30-45 days to the HIT visa application process; and
• A longer short-term visa has been introduced for visa exempt nationals in qualifying hi-tech fields.

To view entire article, click here.

 

Nigeria, May 29, 2018
Cash Payments No Longer Accepted for Visas on Arrival

Effective immediately, cash payments will no longer be accepted at any federal airports in Nigeria. Travelers seeking a visa on arrival in Nigeria must pay visa and other government fees using a debit card, or must pay online prior to arrival.

To view entire article, click here.

 

Germany, May 29, 2018
Extensive Corporate Information Required for Intracompany Transferee Applications

The Federal Employment Agency recently added requirements for the ICT Card application, including how many business days the intracompany transferee is entitled to take for holiday, the comparable gross wage for local employees and other corporate information.

To view entire article, click here.

 

Greece, May 25, 2018
Intracompany Transferee Law Implemented but not Effective

Greece has introduced legislation implementing the Intracompany Transferee (ICT) Directive, but the ICT Permit cannot yet take effect until a presidential decree is issued, which may take several months.

To view entire article, click here.

 

Weekly News Briefs

Canada: UAE Nationals to Become Visa Exempt – Canada’s Minister of Immigration, Refugees and Citizenship announced that UAE nationals will be visa exempt when travelling to Canada for short stays (normally for up to six months) for business, family visits, or tourism purposes effective 5:30 AM ET on June 5, 2018. UAE nationals, like other visa-exempt nationals, will need to obtain an Electronic Travel Authorization (eTA) online prior to flying or transiting through a Canadian airport. Foreign nationals traveling for the above listed purposes will find a streamlined process for entering Canada as they will no longer have to obtain a visa from a consulate.

Finland: Labor Market Testing Increasingly Waived for Some Applications – To account for regional labor shortages in specific sectors, regional authorities are increasingly waiving the labor market testing step for Residence Permit for Employed Person applications. The regional waivers currently target the construction and agriculture sectors, but parliament is considering introducing a more general waiver. The waiver does not affect the Residence Permit for Specialists category, which remains favorable due to a shorter and smoother application process.

Ireland: Asylum Opt-In Approved – The European Commission has approved Ireland’s opt-in to an EU Directive regulating asylum seekers' conditions of stay, such as minimum accommodations, rules for detention, etc. Ireland now has to implement the Directive into its national legislation, which is expected to happen before June 30, 2018. The interim measures granting work authorization to asylum seekers, under certain conditions, continue to apply in the meantime.

Ireland: Immigration Annual Review Published – The Irish authorities published its annual immigration review, listing immigration statistics and completed projects over 2017 and indicating high-level policy plans for 2018. In 2017, automated eGates were installed at Dublin Airport to speed immigration checks for Irish citizens. In line with these efforts to streamline the immigration process, the Immigration Authority (INIS) is considering expanding eGates to registered trusted travelers.

Papua New Guinea: Authorities Suspend Services Provided by Visa Agents – Starting June 1, 2018, the Immigration and Citizenship Authority (ICA) will no longer accept transactions conducted by visa agents on behalf of clients. This indefinite suspension came after a recent arrest of a visa agent allegedly involved in fraudulent activities. Authorities are planning to keep the sanction in place until a policy has been enacted by the ICA that closely regulates the immigration services industry. Plans have been put forth that seek to tighten the screening, registration and monitoring of all visa agents. In the meantime, to avoid delays, visa applicants may need to file their applications directly with the ICA. Fragomen can assist in planning and preparing these applications and can advise on other related issues. Fragomen will closely monitor the situation and update clients as new information becomes available.

United Arab Emirates: Visa Exemption for Honduran Nationals In Effect – Effective immediately, citizens of Honduras are eligible for a visa-free entry into the United Arab Emirates for stays of up to 90 days within a 180-day period. Travellers will receive an entry stamp upon arrival. Previously, nationals of Honduras had to apply for a UAE visa prior to travel.

United Kingdom: In-Country Applicants Can Retain Original Documents – Under a new service available starting October 2018, in-country UK visa applicants can submit their documents during a single appointment at designated registered service points. The service point will take copies and return the originals to the applicant. Currently, applicants have to surrender their original documents – including passports – during the application process. This is part of a series of new measures ahead of the United Kingdom's effort to outsource the visa application submission process to a third party provider, Sopra Steria, later this year. 

 

Global Immigration News Links

• The Trump Administration plans to set limits on certain Chinese visa applicants to help protect American intellectual property, Reuters reports.
• It is less likely that the United States, Canada and Mexico will reach a near-term agreement to revamp the North American Free Trade Agreement in light of new U.S. tariffs on Canadian and Mexican steel and aluminum, Bloomberg reports.
• The European Parliament has approved changes to the Posted Worker Directive. The two year implementation period for these changes starts after the Council signs the proposal.
• Macedonia will hold a public referendum on its proposed new name.
• The European Parliament has called on the Council to allow Romania and Bulgaria to join the Schengen area.

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