Weekly Immigration Update: May 7–13, 2021
May 13, 2021
In immigration news this week:
- Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and quarantine measures, and many have implemented extension policies and other concessions. Visit Fragomen’s COVID-19 website for the latest immigration updates.
- United States: The Department of Labor has delayed the effective date of a regulation that would raise prevailing wage rates for the H-1B, H-1B1, E-3 and the PERM programs by 18 months, or until November 14, 2022. The corresponding start of the transition period for adjustments to the new prevailing wage levels is also delayed until January 1, 2023, and the transition period will extend from 18 months to three years. U.S. Citizenship and Immigration Services (USCIS) is suspending until May 17, 2023 the biometrics requirement for applicants requesting an extension of stay in or change of status to H-4, L-2 and E nonimmigrant status. The agency also relaunched the international entrepreneur parole program, which grants qualifying foreign nationals temporary permission to enter and remain in the United States in order to grow a start-up business that has potential for rapid growth and job creation.
- United Kingdom: The Home Office has delayed the end date of the temporary right to work check measures to June 20, from May 16.
These items and other news from Aruba, Canada, Colombia, the European Union, Kenya, New Zealand, Saudi Arabia, South Africa, and the United States follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, May 13, 2021
USCIS Suspends Biometrics Collection for Some H-4, L-2 and E Derivative Applicants
- Starting May 17, USCIS will not require biometrics for certain H-4, L-2, and E derivative extension and change of status applications. The suspension will last through May 17, 2023.
- Processing times for both Forms I-539 and accompanying H-4, L-2 and E spousal work authorization applications should be reduced as a result of the policy change.
- Affected applicants who receive a USCIS biometrics notice prior to May 17 should plan to attend their scheduled appointment.
To view entire article, click here.
United Kingdom, May 12, 2021
Temporary Right to Work Check Measures Extended
- The Home Office has pushed back the end date of the temporary right to work check measures to June 20, 2021.
- Starting June 21, 2021, employers will need to either check the employee’s original documents or check the employee’s right to work online.
To view entire article, click here.
United States, May 12, 2021
DOL Extends Delay of Regulation Increasing PERM and H-1B Wage Minimums
- The Department of Labor will defer the effective date of its prevailing wage regulation by 18 months, or until November 14, 2022, and the beginning of its transition to new wage levels set forth in the rule until January 1, 2023.
- The delay follows the agency’s earlier postponement of the rule from March 15, 2021 to May 14, 2021.
- Further changes to the substance of the rule remain possible. DOL is currently accepting comments in response to a Request for Information on the available sources of data and methodologies used in computing OES wage levels.
To view entire article, click here.
United States, May 10, 2021
USCIS Relaunches International Entrepreneur Parole Program
- The international entrepreneur parole program grants qualifying foreign nationals temporary permission to enter and remain in the United States for up to five years to grow a start-up business that has potential for rapid growth and job creation. The program does not provide a direct path to permanent residence.
- The program was established in the last days of the Obama Administration, but was put on hold shortly after the Trump Administration took office in 2017. It has been largely dormant since that time.
- The Biden Administration is reviving the program as part of its effort to reduce barriers to U.S. immigration and to provide immigration options for promising foreign entrepreneurs.
To view entire article, click here.
Other weekly news briefs
Canada: Ontario Immigration Nominee Program Expression of Interest System Reopens for Two Pathways – The Ontario Immigration Nominee Program (OINP) Expression of Interest system has reopened for registrations for the Foreign Worker and International Student Stream, which can lead to permanent residence in Canada. Foreign nationals with qualifying skills, experience and education can register an Expression of Interest at any time throughout the year; the registration allows the OINP to gather information about individuals in order to rank and select those who are most likely to meet the province’s economic and labor needs. The Expression of Interest is valid for up to 12 months, until the individual receives an invitation to apply for a nomination or until they withdraw their registration. There is no fee to register an Expression of Interest and individuals must pay an application fee only if they are selected to apply to the OINP to obtain a nomination for permanent residence. Once they receive a nomination for permanent residence, the federal government adjudicates the permanent residence application.
Colombia: New Permit for Venezuelans Released – The Colombian government has implemented the previously-announced Temporary Migrant Protection Statute. Under the program, a Temporary Protection Permit (PPT) valid for 10 years is available to Venezuelan nationals who are in Colombia (including those in irregular status); have a clean criminal record; have no open deportation or expulsion cases; do not hold refugee or asylee status in another country; and have no pending international protection applications in another country. Eligible Venezuelans who entered Colombia before January 1, 2021 can now apply for the PPT by registering online on the Registro Único de Migrantes Venezolanos (RUMV) on Migración Colombia’s website until May 28, 2022; those who entered Colombia after January 1, 2021 can apply from May 28, 2021 until November 24, 2023. Interested applicants should contact their immigration professional for more information and case-specific advice.
European Union: Commission Proposes Coordinated Approach to Vaccinated Travelers – The European Commission has proposed to:
- Allow travellers fully vaccinated with European Medicines Association-approved vaccines or vaccines that have cleared the World Health Organization’s emergency use listing process to enter EU Member States for non-essential purposes;
- Review and raise the epidemiological threshold for non-EU countries that can be added to the EU 'greenlist' of epidemiologically safe countries whose residents are permitted to enter the European Union; and
- Develop a coordinated approach when countries with COVID-19 variants are identified.
Until these proposals are fully implemented by individual EU Member States, they are merely proposals and are subject to change.
European Union: Israel Added to Greenlist – Effective immediately, Israel has been added to the EU 'greenlist' of countries with a safe epidemiological situation. Israeli residents should be allowed to travel to EU countries (including for non-essential purposes), depending on each EU Member State’s implementation of the EU guidance. Travelers are advised to check country-specific guidance before travel.
Kenya: Tanzanians May No Longer Require a Work Permit – The authorities in Kenya have announced a new visa policy that may allow Tanzanians to work in the country without a work permit. The move is aimed at boosting tourism, attracting investment, and easing the movement of goods and people between the two neighbouring countries without compromising national security. Implementation and other details of the new policy is expected to be announced once the cabinet has approved it. This decision signifies a strengthening of the East African Community, which saw similar measures announced in 2015 with Rwanda and Uganda.
New Zealand: New Work Visa Application System to Launch Later Than Expected – Immigration New Zealand has provided an update that the new Work Visa application system will launch on November 1, 2021, rather than earlier time frames previously reported. As a reminder, the Work Visa process involves three steps: Employer Accreditation; job check (including labour market testing); and the visa application. Employers seeking to continue to use the Employer Accreditation program under the current rules and policy (valid up until October 31, 2021) for Work to Residence visas must apply for Employer Accreditation before June 30, 2021. Meanwhile, employers seeking to utilize the new accreditation system may submit new Employer Accreditation applications starting September 2021, when it is expected that the relevant forms will be available. All current accredited employers must submit new accreditation applications under the new program, but only where they have a need for staff sponsorship from November 1, 2021. Employers may apply for either a Standard Accreditation (sponsorship of up to five foreign nationals) or a High-Volume Accreditation (sponsorship for six foreign nationals or more). Employers seeking to sponsor visa holders for Essential Skills and Work to Residence visa applications must submit visa applications by October 31, 2021. All work visas (excluding Specific Purpose) must be submitted under the new system from November 1, 2021, when the new Accredited Employer Work Visa is launched.
Saudi Arabia: New Temporary Work Visit Visa Processing Begins – Employers seeking short-term employment for foreign nationals in Saudi Arabia who have acquired a visa quota from the QIWA portal can now submit a Temporary Work Visit Visa (TWVV) application with the authorized Saudi visa agency in the United Arab Emirates. Although employers were already able to obtain the TWVV quota, until now, Saudi consular authorities were not processing TWVV applications. Other consular posts are expected to begin processing TWVV applications soon. Although visa applicants must obtain their visa sticker from the relevant Saudi consular post or an authorized agent abroad, they may be unavailable due to pandemic-related restrictions. It is expected that successful applicants will receive a multiple-entry visa valid for one year, permitting the holder to conduct work for the visa-sponsoring entity for up to six months, with the option to apply for a one-time extension.
South Africa: More Countries to be added to the eVisa System – The Department of Home Affairs (DHA) has announced that nationals of the following additional countries will be eligible for the eVisa system by March 31, 2022: Cameroon, the Democratic Republic of Congo, Egypt, Ethiopia, Iran, Mexico, Saudi Arabia, Pakistan, the Philippines, and Uganda. Currently, only nationals of China, India, Kenya, and Nigeria can use the eVisa, as part of the ongoing pilot program. The South African eVisa system was introduced in 2019 as part of the government’s efforts to ease access to visa services and to attract tourism and business to the country. With the implementation of eVisa system, South Africa joins 24 countries in Africa that have implemented such a system for prospective visitors.
United States: Latest PERM and PWD Processing Times – As of April 30, 2021, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in October 2020 or earlier, and processing audited cases filed in June 2020 or earlier. DOL is working on standard reconsideration requests submitted in November 2020 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM and H-1B requests filed in November 2020. The agency has been processing PERM and H-1B redeterminations requested in March 2021. PERM and H-1B center director reviews requested in April 2021 remain pending. These reports are available on the FLAG page.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
