Weekly Immigration Update: May 6–12, 2022

Cape Verde: Regularization Process for Foreign Nationals without Valid Status – The Ministry of Interior in Cape Verde now allows foreign nationals without valid immigration status in the country to apply online to regularize their immigration status until June 15, 2022. Eligible foreign nationals are those who were in the country without valid immigration status before December 20, 2020 and who still reside there now. Those who regularize their status by June 15 will not face fines or other immigration-related consequences if they are identified as having invalid immigration status. Those who do not file this application before the deadline may face deportation to their countries of origin.

Costa Rica: New In-Country Requirement for Dependents – In a sudden policy change, the General Immigration Directorate (DGME) in Costa Rica is now requiring dependents of foreign nationals applying for Temporary Residence for Accredited Companies to be physically present in Costa Rica to file their application. The DGME is otherwise refusing to accept the application. Previously, both principal applicants and their dependents could remain outside of Costa Rica during the filing of their Temporary Residence application. Dependent applicants who are outside Costa Rica should be aware that they need to travel to Costa Rica to submit their Temporary Residence application and may incur additional costs and time. Fragomen is petitioning the DGME to review the new rule.  

European Union: Intra-Schengen Border Controls Extended – Austria, Denmark, Germany and Sweden have extended intra-Schengen border controls until at least November 11, 2022; France has extended its controls until October 31, 2022; and Estonia has temporarily introduced border controls to support entry and reception for travelers from Ukraine until May 21, 2022. Internal border controls are not allowed, in principle, within the Schengen Area, except for temporary national security measures, as recently confirmed by the European Court of Justice. Yet, border controls in some countries, which have not always been COVID-19-related, have been implemented and extended for years. The European Court of Justice has recently confirmed that extensions cannot exceed a six-month period unless a new security risk, different from the first, has been identified.

European Union: Potential Increased Scrutiny on Russian Citizens' Schengen Visa Applications – The European Commission issued guidance on the suspension of visa facilitation for certain Russian citizens, which allowed for reduced fees and expedited processing. The document also includes guidelines on general visa issuance in relation to Russian citizens. Under these guidelines, the Commission reiterated the general principle that Schengen visa applications should be filed in the applicant's country of citizenship or residence, rather than a country of transit or short stay, except in humanitarian situations. The Commission also noted that several EU Member States require consular officials to consult central national authorities for all applications filed by Russian citizens during the current conflict in Ukraine due to security risks. Additionally, the Commission reminded EU Member States that if it is unclear whether the applicant fulfils visa requirements for the entire planned duration of stay, authorities may reduce the granted visa validity. Finally, the Commission urged EU Member States to assess the applicant’s intention to leave before the expiration of their visa . Although these are reminders of general visa rules predating the conflict, the Commission's reminder may cause additional scrutiny of Russian citizens' visa applications and increase processing times. It could also potentially reduce the visa validity granted and increase the number of visa refusals.

Iraq: Suspension of Work Fee – Effective immediately, the Ministry of Interior announced the suspension of work fees of IQD 1,500,000, required of foreign nationals who intend to engage in employment in Iraq. The work fee is an additional visa payment made to the Ministry of Interior. The work permit fee payable to the Ministry of Labor and the sponsorship fee for employers are still in effect.

Jordan: New Five-Year Entry Visa Announced – The Ministry of Interior announced that visitors to Jordan will soon be able to obtain a multiple-entry visa valid for five years and will be able to obtain a three-month temporary residence permit from the border center each time they enter the country. This new visa aims to encourage visitors and investors who can further contribute to the development of the national economy, and to simplify movement in and out of the country. Further information is expected to be published in the coming weeks.

Latvia: Issuance Suspended for Temporary Residence Permits and Golden Visas to Russian and Belarussian Nationals – The Latvian parliament adopted a law which, effective immediately, suspends the issuance of initial temporary residence permits to Russian and Belarussian nationals until June 30, 2023. However, these permits may be issued in exceptional cases to Russian and Belarussian nationals for the following purposes: family reunification, international protection, employment, studies, internships, national interest, or humanitarian considerations. The law additionally suspends the issuance of Golden Visas to Russian and Belarussian nationals.

Sri Lanka: Tourist Visa Extension for Ukrainian and Russian Citizens – Ukrainian and Russian citizens who were present in Sri Lanka on February 28, 2022 on tourist visas were initially granted a free automatic visa extension of up to two months. These citizens have now been granted an additional extension of one month or until May 22, 2022, whichever is later. However, in order to obtain this additional extension, they must apply online or visit the head office of the Department of Immigration and Emigration.

United States: Latest DOL PERM and PWD Processing Times – As of April 30, 2022, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in October 2021 or earlier, and processing audited cases with priority dates of August 2021 or earlier. DOL is working on standard reconsideration requests that were filed in December 2021 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM prevailing wage requests filed in October 2021 (OES and non-OES), and for H-1B prevailing wage requests filed in October 2021 (OES) and September 2021 (non-OES). The agency has been processing H-1B and PERM redeterminations requested in February 2022 and PERM Center Director reviews requested in March 2022. These reports are available on the DOL FLAG page.