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Weekly Immigration Update: November 12–18, 2021

November 18, 2021

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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 States: U.S. Citizenship and Immigration Services (USCIS) has issued guidance implementing an automatic extension of employment authorization document (EAD) validity to E, H-4, and L-2 spouses who have filed a timely application to extend an EAD and have an unexpired I-94 for E, H-4 or L status. USCIS will also recognize E and L dependent spouses as work authorized incident to their nonimmigrant status, but only if they hold an I-94 specifically annotated to indicate their spousal status. According to the State Department’s December Visa Bulletin, EB-2 India and EB-2 China final action dates will advance modestly.
  • Spain: A new regulation establishes three new entry pathways for foreign nationals in the audiovisual sector allowing for a longer stay period in Spain under a work permit exemption.
  • Ireland: Certain visa nationals can now use their expired Irish Residence Permit (IRP) card in lieu of a re-entry visa to enter Ireland on an exceptional basis until January 15, 2022.

These items and other news from Australia, Ireland, Switzerland, and the United Arab Emirates follow in this edition of the Fragomen Immigration Update.

Important updates in immigration this week

United States, November 15, 2021
December 2021 Visa Bulletin – Advancements in EB-2 India and EB-2 China

  • EB-2 India Final Action dates will advance by five months to May 1, 2012. EB-2 China will advance by six weeks to January 1, 2019. The EB-2 Dates for Filing for India will advance by six months to July 8, 2013, while EB-2 China will advance two months to April 1, 2019.
  • EB-3 India and EB-3 China Final Action dates will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively.
  • EB-5 China (Non-Regional Center program) will become current next month.
  • EB-1 China and EB-1 India will remain current next month.

To view entire article, click here.

 

Spain, November 15, 2021
Relaxed Entry and Stay Requirements for Foreign Nationals in Audiovisual Sector

  • A new regulation establishes three new entry pathways for foreign nationals in the audiovisual sector (including performers, television content production, and software developers, among others). These pathways allow a longer stay period in Spain under a work permit exemption.
  • Previously, foreign nationals in the audiovisual sector entering under the work permit exemption were subject to strict regulations and were limited to working for five consecutive days or 20 non-consecutive days within a six-month period. Otherwise, they were required to apply for a work permit which is a much lengthier and costly process. 

To view entire article, click here.

 

Ireland, November 15, 2021
Expired Residence Permit Cards Can be Used Temporarily for Re-entry

Due to significant Irish Residence Permit (IRP) card renewal processing delays, the Irish government has implemented the below temporary concessions until January 15, 2022:

  • Expired IRP cards can be used in lieu of a re-entry visa by visa nationals; and
  • Children under 16 do not need a re-entry visa to re-enter Ireland.

The new rules only apply if the holders’ permission was valid at the beginning of the pandemic in March 2020.

Eligible travelers listed above can leave and re-enter Ireland with their expired IRP card, provided they re-enter Ireland prior to January 15.

To view entire article, click here.

 

United States, November 12, 2021
USCIS Issues Policy Guidance on E, H-4, and L Spousal Work Authorization, Confirms that Auto-Extension of Spousal EADs Has Immediate Effect

  • Effective immediately, U.S. Citizenship and Immigration Services (USCIS) is implementing an automatic extension of EAD validity to E, H-4, and L-2 spouses who have filed a timely application to extend an EAD and have an unexpired I-94 for E, H-4 or L status. 
  • USCIS will also recognize E and L dependent spouses as work authorized incident to their nonimmigrant status, but only if they hold an I-94 specifically annotated to indicate their spousal status. 

To view entire article, click here.

Other weekly news briefs

Switzerland/Australia: Australian Nationals Visa Exempt Effective January 1, 2022 – Australian nationals will not need a visa to travel to Switzerland starting January 1, 2022. Australian nationals who plan to stay in Switzerland for more than three months, and those who intend to work in the country, must obtain a residence permit from the competent authority in their intended place of residence or work before entry. Those who intend to work will need to apply for work authorization. Additionally, Swiss nationals will have access to the Australian Work and Holiday program effective on the same date, which will allow individuals age 18 to 30 to work in the country while holidaying for a period of 12 months.

Ireland: Original Passports No longer Required in Naturalization Applications Effective January 1, 2022 – Original passports will no longer need to be submitted with naturalisation applications starting January 1, 2022. Instead, a certified copy witnessed by an Irish solicitor will be accepted. The government also announced that there will be a new 'scorecard approach' to provide evidence of residency, the details of which have not been announced. Until then, individuals must send their original passports, which means foreign nationals could be without their passport for a considerable period, and could prevent travel and re-entry. With the new rule, foreign nationals applying for citizenship will have more certainty regarding their ability to travel and when they will have their passport. While details are still unavailable, it is expected that the new 'scorecard' approach to evidence residency will help streamline and clarify the naturalisation application process.

Switzerland: Croatian Nationals to Benefit from Relaxed Immigration Requirements – Effective January 1, 2022, nationals of Croatia seeking to work and stay in Switzerland will be subject to the general rules applicable to other EU/European Economic Area (EEA) nationals. This will result in a relaxation of immigration requirements for nationals of Croatia. Currently, locally hired nationals of Croatia are subject to a separate annual quota limitation of 2,000 short-term L Permits and 250 long-term B permits, which are released on a quarterly basis. The B permit quota is generally exhausted within a few days of release. By comparison, EU and European Economic Area (EEA) nationals on assignment are subject to a quarterly quota of 3,000 short-term L permits and 500 long-term B permits--typically exhausted within six to seven weeks of each release. Additionally, companies hiring nationals of Croatia are subject to stricter labor market testing than when hiring EU/EEA nationals. These higher restrictions will change on January 1, 2022. According to the Federal Council, from January 1, 2023 until the end of 2026, the Swiss government reserves the right to reinstitute limits on the number of permits available for nationals of Croatia if the number of Croatian workers exceeds certain thresholds.

United Arab Emirates: Retirement Visa Eligibility Financial Thresholds Reduced – The Cabinet of the United Arab Emirates announced that it will lower the financial thresholds required for retirees to obtain residence visas. Foreign nationals using property value to fulfil the eligibility requirements will only be required to own property(ies) in the United Arab Emirates worth at least AED one million; currently, the requirement is AED two million. Foreign nationals using active income will only be required to have an active income of at least AED 180,000 per year (AED 15,000 per month); currently, they are required to have an active income of at least AED 20,000 per month. However, foreign nationals using the financial savings route will still be required to have at least AED one million in savings. It is not yet clear if any other eligibility criteria or visa terms will change. More information will be available once the applicable legislation is published.

United Arab Emirates: New Federal Employment Law Forthcoming – The Ministry of Human Resources and Emiratization announced that a new federal employment law for the private sector will take effect on February 2, 2022, replacing existing regulations from 1980. The law will apply to all establishments and workers in the private sector, excluding the Abu Dhabi Global Market and Dubai International Financial Center Free Zones, which follow their own employment laws. The law will introduce new forms of employment, including flexible and self-employment, and will implement a single type of employment contract for a limited term--currently, employment contracts are also issued for unlimited terms. The new law will also amend existing provisions related to leave ,including compassionate and study leaves, employment of minors, probationary periods, working hours and compensation for overtime. The law also introduces enhanced protection against sexual harassment, bullying and the use of verbal, physical or psychological violence, while prohibiting discrimination based on race, color, sex, religion, nationality or disability. The new law is expected to have a significant impact on the UAE immigration process. Additional analysis will be forthcoming once the full version of the law, including its executive regulations, are published.

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

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