Weekly Immigration Update: May 27–June 2, 2022
June 2, 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.
- United Kingdom: Under the High Potential Individual route, graduates from certain top global universities are now able to apply for a two-year or three-year visa to work in the United Kingdom without company sponsorship.
- United States: U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to reach the cap for the additional 23,500 H-2B visas recently made available to returning workers. USCIS will continue to accept H-2B petitions under the additional 11,500 allotment for nationals of El Salvador, Guatemala, Honduras, and Haiti, as well as H-2B petitions that are exempt from the cap.
- Netherlands: Starting July 1, employers who file short-term work permit applications with the Dutch Employee Insurance Agency (UWV) will need to submit these applications online through the UWV Werkgeversportaal
- Vietnam: Employers sponsoring foreign nationals working in Vietnam must file the required semi-annual reports by July 7, 2022 and January 5, 2023, respectively.
- Romania consolidated its minimum salary rules across several categories. For more details, see our consolidated alert.
These items and other news from Costa Rica, Estonia, Israel, Kazakhstan, Latvia, Mozambique, Netherlands, Qatar, Sweden, Switzerland, and the United Arab Emirates follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
Netherlands, June 2, 2022
Online Filing System to be Implemented for Short-Term Work Permit Applications
- Starting July 1, 2022, employers who file short-term work permit applications with the Dutch Employee Insurance Agency (UWV) will need to submit these applications online through the UWV Werkgeversportaal portal.
- Employers will be notified of decisions both through the online portal and through hard copy mail filings.
- Through June 30, 2022, employers can continue to file short-term work permit applications in hard copy through regular mail.
- The new system will reduce processing times for and allow employers to better track short-term work permit applications.
To view entire article, click here.
United States, May 31, 2022
Cap Reached for Additional H-2B Returning Worker Visas for Second Half of FY 2022
- USCIS has received enough petitions to reach the cap for the additional 23,500 H-2B visas recently made available to returning workers.
- As the number of petitions received in the first five business days of the filing period exceeded the 23,500 limit, USCIS conducted a computer-generated random selection process of H-2B returning worker petitions received between May 19 and May 25.
- H-2B returning worker petitions not selected in the random selection process, and any cap-subject returning worker petitions received after May 25, will be rejected and returned, along with accompanying filing fees.
- USCIS will continue to accept H-2B petitions under the additional 11,500 allotment for nationals of El Salvador, Guatemala, Honduras, and Haiti, as well as H-2B petitions that are exempt from the cap.
To view entire article, click here.
United Kingdom, May 31, 2022
High Potential Individual Route Now Open
- The UK government has opened the High Potential Individual route, which allows graduates from a top global university to apply for a two or three-year visa to work in the United Kingdom without company sponsorship.
- Applicants must have graduated from one of the universities listed on the UK government’s Global Universities List within five years prior to submitting an application.
- The High Potential Individual route offers qualifying foreign nationals the flexibility to work and switch jobs or employers in the United Kingdom, and employers a more flexible pool of candidates with a less financially and administratively burdensome visa option, as compared to other immigration routes.
To view entire article, click here.
Vietnam, May 30, 2022
Deadlines for Semi-Annual Reports on Foreign Nationals Announced
- Employers sponsoring foreign nationals working in Vietnam must file the required semi-annual report by July 7, 2022 and January 5, 2023, respectively.
- Foreign nationals working in Vietnam from December 15, 2021 to June 14, 2022 must be included in the July 2022 report, and those working in Vietnam from December 15, 2021 to December 14, 2022 must be included in the January 2023 report, respectively.
- Failure to file the reports may result in administrative fines and possible delays in subsequent immigration applications.
To view entire article, click here.
Other weekly news briefs
Costa Rica: Technical Issues with Social Security Agency’s Online Systems Causing Delays – The Costa Rican Social Security Agency’s (Caja Costarricense de Seguro Social - CCSS) electronic systems are temporarily offline due to a cybersecurity breach, preventing foreign nationals from obtaining social security receipts. Foreign nationals must show social security receipts, which prove that a foreign national is enrolled in Costa Rica's social security program, to register with the Federal Immigration Directorate and apply for their Resident Identity Card. However, until the Resident Identity Card is issued, foreign nationals must exit and enter the country as tourists and meet tourist entry requirements, including an entry visa for visa nationals. Delays in securing a Resident Identity Card may also impact a foreign national's ability to conduct administrative tasks in Costa Rica, such as setting up a bank account or obtaining or renewing a driver's license, among others. It is not clear at this time if the CCSS is processing pending applications for social security enrollment filed before May 31, 2022. Applicants should expect delays until the systems are fully restored. Fragomen is actively monitoring the system and contacting affected clients, and will report on relevant updates as they occur.
Estonia/Latvia: Border Restrictions End – Estonia’s government has ended the temporary border control measures at the Estonian-Latvian border. Border checks were introduced to ease access to Temporary Protection for those fleeing the Ukraine conflict. Travelers are still required to carry valid travel documentation, but will no longer be required to present this documentation for intra-Schengen border crossings under general Schengen rules.
Israel: Visa Extension for Ukrainian Nationals – Effective immediately, the Israeli Interior Ministry will apply an automatic visitor visa extension for Ukrainian nationals who arrived after the beginning of the Ukrainian conflict, and will allow them to work. This new regulation is not applicable to nationals of Ukraine who entered Israel before the Ukrainian conflict.
Kazakhstan: Online Identification Number Service Temporarily Suspended – Online issuance of Individual Identification Numbers (IIN) is temporarily suspended for foreign nationals staying in Kazakhstan. It is not yet clear why the service was suspended or how long the suspension will last. Affected applicants can apply for an IIN in hardcopy or via a legal representative holding a notarized power of attorney. Powers of attorney issued in Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, and Ukraine need not be apostilled or legalized. The suspension is expected to end on October 1, 2022.
Mozambique: Relaxation of Immigration Laws Expected – The government authorities in Mozambique have announced that they are reviewing and making changes to the country’s immigration laws, although the timeframe for review and implementation is not yet known. It is expected that the changes will include: an extension of the duration of permanent residence permits from one to two years; the introduction of an eVisa system; an extension of the duration of short stay work visas from 90 to 180 days; and the elimination of a requirement to authenticate passport copies when submitting visa applications. The changes are expected to help attract talent and investors to the country.
Netherlands: Tax Exemption for Highly Skilled Foreign Workers May be Capped – Under the “30% Ruling,” eligible highly skilled foreign workers are exempt from Dutch income taxes for up to 30% of their salary for five years of work. Draft legislation that is expected to be submitted to the parliament in September would cap this tax exemption at 30% of the regulated maximum public sector remuneration (“Balkenende norm,” currently EUR 216,000), even if a foreign national’s salary is higher. For example, if a foreign worker is paid EUR 250,000 annually, only EUR 64,800 of their salary would be tax-exempt (30% of the current maximum public sector remuneration) rather than EUR 75,000 (30% of their annual salary). The legislation is expected to be approved without significant changes before the end of this year. Once passed, the cap would apply to new applicants starting January 1, 2024, or starting January 1, 2026 for those currently using the 30% ruling. Highly skilled foreign workers currently using the 30% ruling are likely to see an increase in their Dutch tax liability due to the cap.
Qatar: New Visa-on-Arrival Requirement for Indian, Iranian and Pakistani Nationals – Effective immediately, Qatar’s Ministry of Interior has implemented a new measure that requires a hotel reservation through Discover Qatar for the entire duration of a foreign national's stay in order for the foreign national to be eligible for a visa on arrival. The length of visa granted will correspond to the duration of the hotel booking, ranging from a minimum of two days to up to 30 days, with the option of a one-time in-country extension of their visa of 30 days.
Sweden: Immigration Law Changes Delayed – As an update, the new residence permit for highly qualified jobseekers and start-ups did not take effect on June 1, 2022 as planned, as the Migration Agency has not yet published the required guidance on eligibility criteria and document requirements. Fragomen is tracking the issue and will provide updates accordingly.
Sweden: Work Permit Renewals More Flexible – Effective June 1, 2022, Swedish work permits can be renewed after a cumulative permit duration of four years, where previously foreign nationals were required to seek permanent residence after four cumulative years of stay or leave Sweden if ineligible for permanent residence (e.g., if absent from Sweden for more than four cumulative months during this four-year timeframe). Under the new rules, foreign workers can seek work permit renewal in two-year increments, even if absent from Sweden for more than four months during their four years of stay.
Switzerland: Online Cross-Border Permit Application Pilot Launched – The cantons of Thurgau and Zurich now accept cross-border commuter (G) permit applications for EU and European Free Trade Area nationals via the online EasyGov.swiss portal as a pilot program. Three additional cantons are expected to join the pilot program for online G permit applications no later than 2023. Companies were already able to file work permit applications and labor office notifications via the EasyGov.swiss portal at participating cantons. Swiss authorities are seeking to gradually expand the scope of portal applications over 2022-2023 across all 26 cantons.
United Arab Emirates: Updated Classification System for Private Companies – Effective June 1, 2022, the Ministry of Human Resources and Emiratization (MOHRE) is classifying private companies into three groups in order to ensure that companies protect workers’ rights, promote diversity and empower business owners in the private sector. Among other criteria, companies that meet and exceed the government-mandated Emiratization rates, comply with the Wage Protection System and promote diversity, will benefit from incentives such as discounted MOHRE service fees. The first category will also include an expanded list of qualifying categories from the current system. Starting June 1, 2022, employers are able to use their MOHRE profile on the MOHRE portal or website to determine their new category level or seek options on how to reach their desired category.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.