Weekly Immigration Update: November 5–11, 2021

Australia: New Rules Allow Previously-Barred Applicants to Apply for Certain Regional and Nominated Skilled Visas– The Australian government is expanding the list of exempted visas that applicants may apply for if they have been refused a visa or had a visa cancelled while in Australia. Generally, applicants in Australia who hold bridging visas (including those who have stayed beyond its validity) or who have had their visas cancelled or refused while in the country are barred from filing any further visa applications to prevent applicants from delaying their departure from Australia, except for certain exempted visa types. Effective November 13, 2021, the government will add the following visa categories to the list of exemptions: Subclass 190 – Skilled Nominated (Permanent); Subclass 494 – Skilled Employer Sponsored Regional (Provisional); and Subclass 491 – Skilled Work Regional (Provisional). This is expected to benefit foreign nationals who are prevented from leaving the country due to COVID-19-related restrictions but otherwise meet all other requirements to apply.

Egypt: State of Emergency Lifted – Egypt’s state of emergency, which has been in place since April 2017, has been lifted. Although the state of emergency is no longer in place, there is little practical effect on the processing of work permits, as the security screenings - implemented under the state of emergency - continue to take three to six months on average.

Ireland: November 26 Deadline Set to Process Re-Entry Visas – The Re-Entry Visa Office has announced that November 26, 2021 is this year’s deadline to process re-entry visa applications before the end of 2021. Applications received after that date will not be processed until January 2022. Individuals who require a re-entry visa include visa-required children under the age of 16 who do not hold a valid Irish Residence Permit (IRP) card. Re-entry visas are not required for foreign nationals who have a valid IRP card. Individuals planning travel over the holiday period who require a re-entry visa should apply before the deadline to ensure they can re-enter Ireland.

Israel: Increased Border Control and On-Site Inspections – Foreign nationals should expect increased questioning at the Israeli border due to increased border enforcement and COVID-19 controls since the country reopened its borders on November 1. Numerous tourists have been denied entry for failure to comply with green pass COVID-19 regulations, while others have been denied entry due to authorities suspecting that they intended to reside in Israel and not return to their home countries. Foreign nationals traveling to Israel should verify that they are traveling on the appropriate visa for their trip and ensure that they have obtained a work visa if they are performing activities including but not limited to: hands-on job training; advising and consulting; installing machinery; performing equipment maintenance; supervising work; and visiting restricted work areas (such as manufacturing and construction areas). It is also expected that the Ministry of Interior will increase worksite inspections to ensure compliance with labor and immigration regulations. Fragomen worked closely with Kan-Tor & Acco Law Firm to prepare this alert.

Israel/Morocco: Israeli Embassy in Morocco Opens – The Israeli diplomatic mission in Morocco has been upgraded to an embassy following last year’s normalization of relations between Morocco and Israel. Morocco is expected to open their embassy in Israel, although it is not yet clear when this will occur. Additionally, following the first direct commercial flights between Israel and Morocco in July 2021, regular commercial flights between the countries are scheduled to begin on November 11 with Israir Airlines, and on December 12 with Royal Air Maroc, further indicating improved relations between the two countries. Fragomen worked closely with Kan-Tor & Acco Law Firm to prepare this alert.

Kuwait: Work Authorization Renewal Resumes for Applicants Age 60 and Above – The Public Authority for Manpower announced that foreign residents age 60 and above without a higher education certificate can again renew their work authorization in Kuwait, subject to an annual payment of KWD 500 and proof of health insurance. This change comes after the Fatwa and Legislation Department repealed last year’s decision banning the renewal of work permits for these individuals.

Seychelles: Increased Gainful Occupation Permit Fees Forthcoming – The employment and immigration departments initiated a consultation process to review the current Gainful Occupation Permit (GOP) fees. The revised fees are expected to take effect in the second quarter of 2022. The revised fees will not apply to the following categories: agricultural and fisheries sector; foreign nationals married to locals; existing government subsidies concerning GOP fees, for example, Financial Services Authority licensees; common religious denominations and sports. For those in managerial and executive posts, the GOP fees will increase from a base fee of SCR 500 as follows: initial application (0-2 years) - SCR 1,000 per month; second application (2-4 years) - SCR 2,000 per month; third application (4-6 years) - SCR 3,000 per month; and fourth application (6 years and above) - SCR 5,000 per month. At the time of publication, USD 1 is equal to SCR 13.11.

United States: Latest DOL PERM and PWD Processing Times – As of October 31, 2021, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in June 2021 or earlier, and processing audited cases filed in January 2021 or earlier. DOL is working on standard reconsideration requests submitted in June 2021 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM and H-1B requests filed in February 2021. The agency has been processing PERM redeterminations requested in September 2021 and H-1B redeterminations requested in October 2021. PERM center director reviews requested in September 2021 remain pending. These reports are available on the DOL FLAG page.