Weekly Immigration Update: November 24–December 2, 2021
December 2, 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: In response to the Omicron COVID-19 variant, effective November 29, a presidential proclamation prohibits the immigrant and nonimmigrant entry of foreign nationals who have been physically present in the following Southern African countries within 14 days of their travel to the United States, unless exempt: Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe. Foreign nationals hoping to travel internationally and return to the United States this holiday season may refer to our updated travel guidance.
- Mexico: The National Immigration Institute expanded its online appointment system to include all immigration filings in Mexico City as of December 1. Effective December 11, nationals of Brazil will no longer be visa exempt when entering Mexico for tourism and business and will need to instead obtain an e-Visa or a consular Visitor Visa (as applicable) for entry.
- Australia: Certain Temporary Skill Shortage (TSS) and Temporary Work (subclass 457) visa holders currently working in Australia will be given a further pathway to permanent residence under the Employer Nomination Scheme (subclass 186) visa program and certain Provisional and Student visa holders will be given extended visa validities.
- Qatar: Under a new health insurance law—expected to take effect May 2022–all foreign visitors, residents and workers in Qatar will be required to hold health insurance for the entire duration of their stay unless they are exempt.
- United Arab Emirates: A new labor law—effective February 2, 2022—will replace existing employment regulations applicable to workers and companies in the private sector, except those in the Abu Dhabi Global Market and Dubai International Financial free zones and domestic workers.
- European Union: In Slovenia, the locations where individuals without an EU residence registration certificate must apply for an Article 50 temporary residence permit and for frontier workers to apply for certificates identifying their rights has been updated. See this consolidated page for more information.
- Minimum salary updates: In Germany, the EU Blue Card minimum salary will decrease in January 2022, and the national minimum salary will increase in two phases. Starting January 1, 2022, Romania's salary level for non-graduate roles will increase by almost 11% to RON 2,550 gross per month. For more information, check our consolidated minimum salary alert page.
These items and other news from Kuwait, Luxembourg, Nicaragua, Papua New Guinea, South Africa, and the United States follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
Qatar, November 30, 2021
New Health Insurance Law Published
- The government of Qatar published an anticipated health insurance law, which is expected to take effect May 2022.
- Under the law, all foreign visitors, residents and workers in Qatar will be required to hold health insurance for the entire duration of their stay unless they are exempt.
- Employers will be subject to significant penalties for failing to provide health insurance and foreign nationals without health insurance will not be able to obtain a new visa or to renew an existing visa without holding health insurance.
To view entire article, click here.
Australia, November 30, 2021
Rules Providing New Permanent Residence Pathways and Extended Visa Validities Forthcoming
The Australian government will be introducing rules that will result in new permanent residence visa pathways and extended visa validities for certain visa holders currently in Australia. Although there is no effective date yet, the changes will include:
- Certain Temporary Skill Shortage (TSS) and Temporary Work (Subclass 457) visa holders working in Australia will have a new pathway to permanent residence under the Employer Nomination Scheme (subclass 186) visa program, where they currently have none;
- Certain Provisional visa holders will be granted extended visa validities and additional time to meet regional work experience requirements for permanent residence applications; and
- Certain Student visa holders and applicants will be granted extended post-study work rights and visa validities.
To view entire article, click here.
United States, November 29, 2021
Updated Travel Guidance for the Holiday Season
- Foreign nationals hoping to travel internationally and return to the United States this holiday season should consider several additional factors, including COVID-19 policies worldwide, changing U.S. vaccination and testing requirements, and reduced operations at U.S. consulates.
- Since November 29, a new travel ban bars foreign nationals who have been physically present in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa and Zimbabwe within 14 days prior to entry to the United States, with limited exceptions.
- If you will need to apply for a visa while abroad, be prepared for limited consular appointments, possible delays in visa issuance, and potential appointment cancellations due to changing COVID-19 local conditions.
- Ensure that all of your travel documentation is accurate and contains sufficient validity to minimize reentry problems.
To view entire article, click here.
Mexico, November 29, 2021
Visa Exemption Revoked for Nationals of Brazil
- Effective December 11, 2021, nationals of Brazil will no longer be visa exempt when entering Mexico for tourism and business and will need to instead obtain an e-Visa or a consular Visitor Visa (as applicable) for entry.
- This may add administrative hurdles, possible additional costs and potential delays for Brazilian nationals seeking to enter Mexico for tourism or business.
- Certain Brazilian nationals may still be visa exempt if they hold an eligible visa or immigration status from another country.
To view entire article, click here.
United Arab Emirates, November 29, 2021
Additional Details Released on Impact of Forthcoming Labor Law
- A new labor law, effective February 2, 2022, will replace existing employment regulations applicable to workers and companies in the private sector, except those in the Abu Dhabi Global Market and Dubai International Financial free zones (which have their own labour laws) and domestic workers.
- The law consolidates many changes which have been implemented in the United Arab Emirates through various regulations over the past few years, and also introduces new changes. Topics covered include work models, employment contracts, probationary periods, wages, termination notices, and penalties, among others.
- As a result, employers in the private sector should review their strategies and policies for the recruitment and employment of workers.
To view entire article, click here.
United States, November 27, 2021
President Biden Issues New Regional COVID Public Health Travel Ban for Several African Countries In Response to Omicron Variant
- President Biden has issued a proclamation imposing a new COVID-19 public health travel ban on foreign nationals with recent physical presence in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe.
- Starting at 12:01 am EST on November 29, 2021, foreign nationals who have been physically present in any of these countries within 14 days of travel to the United States will be barred from entry, unless they qualify for an exception.
- Those who qualify for exceptions to the new ban will still be required to comply with new vaccination and testing requirements that became effective for international air travel on November 8.
- It is not yet known what specific standards will be imposed for the discretionary “national interest exception” and whether the new standard will resemble those applicable to the prior, now-rescinded, regional COVID travel bans.
To view entire article, click here.
Mexico, November 24, 2021
Advance Online Appointment to be Required for All Immigration Filings in Mexico City
- The National Immigration Institute (INM) is expected to expand its online appointment system to include all immigration filings in Mexico City beginning December 1, 2021.
- If the rule is implemented as expected, foreign nationals and employers seeking to submit any applications to the INM in Mexico City – including initial Temporary Residence Visas for Remunerated Activities and Corporate Registrations –would need to schedule an online appointment.
- This change is also expected to be implemented by other INM branches soon.
- Due to the current backlogs for online appointments (eight-week backlog in Mexico City), employers and foreign nationals should expect delays in work start dates and an increase in the general processing time for all immigration applications in Mexico during the next few months.
To view entire article, click here.
Other weekly news briefs
Kuwait: Change of Immigration Status Suspended for Commercial Visit Visa Holders – The Public Authority for Manpower announced that foreign nationals entering Kuwait on a Commercial Visit Visa will no longer be able to change their immigration status in-country and convert their visa into a work and residence permit. However, applications submitted to the authorities prior to November 24, 2021 will be processed. This announcement comes as a result of the Ministerial Committee for Coronavirus Emergencies recommending the discontinuation of this process as a precautionary measure against the resurgence of COVID-19.
Luxembourg: More Information Required on Posted Worker Notifications – Luxembourg authorities adjusted the posted worker notification form, which now requires the foreign national's home residence address and accommodation in Luxembourg. The employer must pay for Luxembourg accommodation, and must upload proof of accommodation (e.g., hotel booking, lease agreement) into the notification immediately once available. This information can be added and uploaded after the start of work, but Luxembourg authorities are currently conducting additional audits to check this information. Employers are advised to secure Luxembourg accommodation for posted workers before travel to enable a complete posted worker notification before the start of work. Additionally, employers must now upload a copy of the client service agreement underlying the posting, or an assignment letter for intra-company postings, either document must be signed by both parties. Employers must ensure they have access to the client service agreement in the case of client postings. Failure to upload this document may trigger an audit by the Luxembourg authorities.
Nicaragua: Visa Waiver for Cuban Nationals – Effective immediately, nationals of Cuba are eligible for visa-free entry to Nicaragua for tourist and business stays of up to 90 days (extendable for an additional 90 days at the discretion of immigration authorities). Previously, they required a consular-issued Entry Visa to enter Nicaragua. Nationals of Nicaragua still require a visa or Tourist Card to enter Cuba. Foreign nationals should be aware that the visa waiver is not for travelers who engage in activities that require work authorization; these foreign nationals will need to obtain a work permit for such purposes.
Papua New Guinea: Suspension of Work Permit Applications due to Government Office Closure – The Foreign Employment Division (FED) of the Department of Labour and Industrial Relations (DLIR) has temporarily closed its offices until January 12, 2022 to relocate its staff, assets and Work Permit system to a new office at the Papua New Guinea Immigration Headquarters in Waigani. In the meantime, all Work Permit application processing is suspended until the FED re-opens its new office on January 12, 2022. The change is in line with the government's aim to combine the Visa and Work Permit applications and to create a one-stop-shop to streamline immigration applications and improve the ease of conducting business in the country.
South Africa: Zimbabwe Exemption Permit Not Extended – The Cabinet has decided not to extend the Zimbabwe Exemption Permits when they expire on December 31, 2021. Holders of these permits have been granted one year to migrate to other immigration visas. Those unable to comply are encouraged to leave the country after a one-year grace period or risk deportation. The Zimbabwe Exemption Permit was initiated in 2009 in response to the worsening socio-economic conditions that existed in Zimbabwe at the time.
United States: DHS Suspends Certain Employment Authorization Regulatory Requirements for F-1 Students Who Are Hong Kong Residents – The Department of Homeland Security (DHS) is suspending certain regulatory requirements for F-1 nonimmigrant students who are Hong Kong residents (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the emergent circumstances in Hong Kong, according to a notice published in the November 26 Federal Register (FR). The notice is effective through February 5, 2023. Specifically, DHS is taking action so eligible F-1 nonimmigrant students who are Hong Kong residents, regardless of country of birth, may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F-1 nonimmigrant student status. DHS will deem an F-1 nonimmigrant student who receives employment authorization by means of the FR notice to be engaged in a “full course of study” for the duration of the employment authorization, if the nonimmigrant student satisfies the minimum course load requirement described in the FR notice. On August 5, 2021, President Biden designated Hong Kong for Deferred Enforced Departure (DED) and directed DHS to defer for 18 months the removal of certain Hong Kong residents present in the United States. In October 2021, DHS issued a FR notice with information on how to apply for employment authorization for eligible Hong Kong residents covered under the August 5 memorandum.
United States: Latest DOL PERM and PWD Processing Times – As of November 30, 2021, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in June 2021 or earlier, and processing audited cases with priority dates of February 2021 or earlier. DOL is working on standard reconsideration requests with priority dates of June 2021 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM requests filed in April 2021 (OES) and February 2021 (non-OES), and H-1B requests filed in May 2021 (OES) and March 2021 (non-OES). The agency has been processing PERM redeterminations requested in October 2021 and H-1B redeterminations requested in November 2021. PERM center director reviews requested in November 2021 remain pending. These reports are available on the DOL 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.
