Weekly Immigration Update: November 5–11, 2021
November 11, 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: All international travelers must meet new COVID-19 vaccination and testing standards when entering by air from any country to the United States, unless they benefit from an exception to the requirements. 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. As a result of a settlement agreement in a federal lawsuit, U.S. Citizenship and Immigration Services (USCIS) is expected to ease the work authorization process for certain L-2 and H-4 spouses.
- Russia: Foreign nationals applying for new work permits must now undergo a medical examination to maintain a valid work permit. Starting December 29, medical exams will also be required for all foreign nationals staying in Russia under long-term visas and for visa-free nationals staying more than 90 days, even if they already have a work permit.
- Taiwan: The Taiwanese government introduced new rules that relax the qualification requirements and expand the list of possible applicants seeking to stay and work in Taiwan.
- Hungary: The government published the new national minimum wage, effective January 1, 2022. Details are available on this consolidated page.
- Brexit: The Bulgarian Ministry of Interior has published general information about the procedure for cross-border/frontier workers. Access this consolidated page for more information.
These items and other news from Australia, Egypt, Ireland, Israel, Kuwait, Seychelles, and the United States follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, November 11, 2021
Holiday Travel This Year
- 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.
- 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.
United States, November 10, 2021
USCIS to Ease Work Authorization Process for Certain L-2 and H-4 Spouses
- As a result of a settlement agreement in a federal lawsuit, U.S. Citizenship and Immigration Services (USCIS) will change its employment authorization policies with respect to some H-4 and L-2 nonimmigrants.
- According to the settlement, eligible H-4 nonimmigrants who file a timely H-4 EAD renewal application will benefit from an auto-extension that terminates on the earliest of their current I-94 date, the approval or denial of their EAD renewal, or 180 days.
- Certain L-2 nonimmigrants will be able to work incident to their nonimmigrant status, without the need for an EAD, but other L-2 spouses may need to maintain a valid EAD for some period of time.
- Detailed USCIS guidance is forthcoming.
To view entire article, click here.
Taiwan, November 9, 2021
Amendments to Immigration Rules Benefit Foreign Professionals
The Taiwanese government introduced new rules that resulted in the relaxation of qualification requirements and the expansion of the list of possible applicants seeking to stay and work in Taiwan. Key changes include:
- Foreign Professionals who hold an Alien Permanent Resident Certificate (APRC) and their dependents can now work in Taiwan without applying for a work permit, as previously required;
- Foreign nationals can now apply for an APRC by residing in Taiwan for an average of 183 days per year continuously for five years, changed from the previous requirement of 183 days each year continuously for five years; and
- Gold Card holders can now apply for extensions before the expiry of their Gold Cards to extend their stay in six-month increments for a total of one year per extension where this was previously not allowed.
To view entire article, click here.
Russia, November 8, 2021
Medical Exam Required for Work Permit Applicants; to be Required for All Long-Term Visa Applicants
- Effective immediately, visa-required foreign nationals applying for a new work permit must undergo a medical exam in Russia.
- Starting December 29, 2021, medical exams will be required for all foreign nationals staying in Russia under long-term visas and for visa-free nationals staying more than 90 days, even if they already have a work permit.
- Failure to submit the documents within 30 days of entry to Russia can result in work permit cancellation.
To view entire article, click here.
United States, November 8, 2021
COVID-19 Vaccination and Testing Requirements Take Effect Today for International Air Travelers
- All international travelers must meet new COVID-19 vaccination and testing standards when entering by air from any country to the United States, unless they benefit from an exception to the requirements.
- Children under 18 and most nationals of countries with less than a 10 percent total vaccination rate , among others, are excepted from the vaccination requirement.
- Fully vaccinated air travelers remain subject to existing COVID-19 testing requirements. All unvaccinated travelers – including U.S. citizens, lawful permanent residents, and nonimmigrants eligible for exceptions to the vaccine requirement – are subject to stricter pre-travel COVID testing protocols.
- Though the new requirements are expected to ease travel for many foreign nationals, processing backlogs at U.S. consulates – already lengthy – are expected to increase further, which will impede travel for those who need a U.S. visa.
To view entire article, click here.
Other weekly news briefs
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.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
