Weekly Immigration Update: November 19–24, 2021
November 24, 2021
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) ran a third lottery to select more FY 2022 H-1B cap cases. Employers whose cases are selected in the third drawing have until February 23, 2022 to file petitions for their newly-selected registrations. Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Filing Dates listed in the State Department’s December 2021 Visa Bulletin. The U.S. House of Representatives passed the Build Back Better Act, a budget reconciliation measure containing significant immigration relief and fee provisions. The bill now moves to the Senate for consideration.
- United Arab Emirates: The government of Dubai launched a special visa program which allows qualifying international businesses to obtain a five-year visit visa for tourism for their employees attending local and regional business needs.
- Australia: Effective December 1, new rules should relax the entry and quarantine requirements for certain types of temporary visa holders and citizens.
- Sri Lanka: Forthcoming new rules should increase visa validities and relax requirements for Resident Visas.
- The national minimum wage will increase in 2022 in Ireland and the minimum salary amounts will increase in 2022 in Poland, as indicated in our consolidated minimum salary alert page.
These items and other news from Belarus, Denmark, Greece, Italy, and the United Arab Emirates follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
Australia, November 23, 2021
Relaxation of Border Restrictions Forthcoming
Effective December 1, 2021, the Australian government will be introducing new rules that will result in the relaxation of entry and quarantine requirements for certain types of temporary visa holders and citizens. The changes include:
- Certain fully vaccinated temporary visa holders will be able to enter Australia without obtaining a travel exemption, as currently required; and
- Fully vaccinated citizens of Japan and the Republic of Korea who hold a valid Australian visa will be able to enter Australia quarantine-free to participating states and territories in Australia.
To view entire article, click here.
United Arab Emirates, November 22, 2021
Five-Year Tourist Visa Now Available to International Businesses in Dubai; Allows Some Business Activities
- The government of Dubai launched a special visa program which allows qualifying international businesses to obtain a five-year visit visa for tourism for their employees traveling to attend to their local and regional business needs.
- The program is limited to businesses with an existing entity (or entities) in Dubai and those that are in the process of establishing their presence in Dubai.
- The five-year visit visa for tourism allows a maximum duration of stay of up to 90 days in a year (beginning with the date of the first entry) with the possibility of a one-time in-country extension for a similar period. Although the visa is primarily for tourism, qualifying businesses with approval from the government of Dubai may utilize this visa category to allow travelers to carry out business activities exclusively from Dubai (including from the premises of the visa sponsoring entity).
- It is also likely that visitors will be allowed to perform business activities that are beyond what is currently permissible under the standard visit visa for business visitors, although further clarification in this regard is expected to be provided in the coming months.
To view entire article, click here.
United States, November 19, 2021
House Passes Build Back Better Act with Immigration Relief and Fee Provisions
- If enacted, the Build Back Better Act would create a temporary parole program with work and travel authorization for individuals who entered the United States before January 1, 2011.
- The bill would authorize the recapture of unused immigrant visas from Fiscal Years 1992 to 2021.
- Eligible foreign nationals would be permitted to submit applications for adjustment of status before an immigrant visa becomes available to them upon payment of an additional fee, and certain backlogged adjustment applicants could request an exemption from the overall and per-country immigrant visa quotas, also for a fee.
- The bill would impose significant new fees on applicants and petitioners for immigration benefits.
- Build Back Better now moves to the U.S. Senate, where it is subject to debate and amendments, as well as to an evaluation by the Senate Parliamentarian.
To view entire article, click here.
United States, November 19, 2021
USCIS Runs Third Lottery to Select More FY 2022 H-1B Cap Cases
- Earlier today, employers began receiving USCIS notifications that additional H-1B cap registrations were selected in a third FY 2022 cap lottery draw.
- The additional selection is taking place because USCIS did not receive enough H-1B cap petitions during the initial two H-1B cap filing periods to meet the 85,000 quota for FY 2022.
- Employers whose cases are selected in the third drawing have from November 22, 2021 to February 23, 2022 to file petitions for their newly-selected registrations.
To view entire article, click here.
United States, November 19, 2021
December 2021 Visa Bulletin Update – USCIS to Honor Filing Dates for Employment-Based Categories
Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Filing Dates listed in the State Department’s December 2021 Visa Bulletin.
To view entire article, click here.
Sri Lanka, November 19, 2021
Increases in Residence Visa Validity Forthcoming
The Sri Lankan government will be introducing new rules that will result in increased visa validities and relaxed requirements for Residence Visas. The changes include:
- Residence Visa applicants will be able to apply for visas with a validity of up to five years, up from two years.
- Ministers in charge of applications will have the discretion to grant Residence Visas valid for more than five years but not exceeding ten years, up from the current five-year limit.
- Applicants already in Sri Lanka who did not enter on an Entry Visa will no longer be required to exit and re-enter Sri Lanka on an Entry Visa before they can convert to a Residence Visa, as currently required.
The government has not provided an effective date for the changes.
To view entire article, click here.
Other weekly news briefs
Belarus: Flights from Certain Countries Banned; Work Permits and Business Visas Unaffected – Nationals of Afghanistan, Iraq, Syria, and Yemen cannot board flights from Dubai to Minsk or from Turkey to anywhere in Belarus. Additionally, the Syrian airline Cham Wings Airlines has suspended regular flights to Minsk and Iraqi Airways has also suspended flights to Minsk. Additionally, citizens of Afghanistan, Iraq, Yemen, Lebanon, Libya and Syria cannot board flights by Belavia Belarusian Airlines, flying from Tashkent to Minsk; this does not apply to those with diplomatic passports and Belarussian permanent residence permits. The above nationals applying for Belarussian work permits and business visas are not affected. Lebanon is limiting passengers traveling to Belarus to those with Belarusian visas, residency permits or citizenship, according to a statement by the Directorate General of Civil Aviation. There may be other restrictions to Belarus from other countries, as well as for other nationals. Document verification controls in Belarus may be stricter during this situation. The situation is fluid and travelers should check with their airlines prior to their scheduled trip.
Denmark: EU Registration Application System Back Online – The Danish Agency for International Recruitment and Integration (SIRI) has re-introduced the online application system for EU registrations for EU nationals. EU registration applicants can now submit their applications online and no longer need to do so physically in Denmark. The applicant can obtain the registration certificate when they move to Denmark. The registration process was moved from online to in-person submissions when the government implemented SIRI as a new agency in March 2019.
Greece: Online Embassy Services System Expanded – The Ministries of Foreign Affairs and Digital Governance are further expanding the Greek government’s online system myConsulLive by including more consular posts in 10 new countries. With this update, permanent residents and Greek citizens can handle consular services via video calls on the system. The service was initially launched on a pilot basis in December 2020 and allows the following administrative services to be conducted via video call: requesting a certificate of permanent residency, certificate of marital status or birth, certificate of residency or other consular documents. Those applying for a visa or visa services cannot use this system.
Italy: Posted Worker Extensions Require New Notification – Effective immediately, employers seeking extensions past 12 months (or 18 months in special cases) must submit an online notification on the Ministry of Labour and Social Policies’ website. Additionally, if the posting involves third-party employment agencies who hire posted workers for a client in the European Union, the details of such companies must be included in the notification. Employers who hire two or more employees to alternate on a project lasting longer than 12–18 months are also subject to this rule. In such instances, the respective time spent by each employee on the project will count toward the overall posting period. Affected employers will need to follow the administrative task of completing the form, which may take a few hours. The system will generate a PDF of the completed form, but the government does not issue an approval notice. This rule has been implemented as a result of the latest updates to the EU Posted Workers Directive, which aims to protect employees’ working conditions and work rights.
United Arab Emirates: New Emirates Identity Card Requirements Implemented – Foreign nationals seeking to obtain an Emirates Identity Card (EID) must now ensure that their biometrics are submitted no later than 14 days after submitting their EID registration form, otherwise the application may be deactivated. This does not apply to individuals renewing their EID as their biometrics are already recorded in the database. Individuals whose EID application has been deactivated may request the Federal Authority for Identity, Citizenship, Customs and Port Security (FAICCPS) to reactivate it; however, if the registration form was submitted more than 30 days prior, the EID application will be canceled and the applicant must complete a new form. The FAICCPS will also cancel EID applications of individuals who have not completed their residence permit sticker endorsement within the 30-day deadline. This applies to new EID applicants as well as those renewing their identity card. Additionally, applicants must now submit a digital photograph which is in line with the International Civil Aviation Organization’s standards.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.