Weekly Immigration Update: October 15–21, 2021
October 21, 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: White House officials have confirmed to several news outlets that November 8, 2021 is the date it will rescind its regional COVID-19 travel bans and implement a COVID vaccination requirement for all adult foreign nationals traveling to the United States by air. In connection with the COVID-19 emergency, Customs and Border Protection (CBP) is extending through January 21, 2022 border restrictions that permit only essential travel across the U.S.-Mexico and U.S.-Canada land borders, though the restrictions will lift in November 2021 for fully COVID-vaccinated foreign nationals. A settlement agreement in a U.S. worker discrimination lawsuit between the U.S. Department of Justice and Facebook signals a shift in U.S. government enforcement standards that will cause many companies to assess their PERM practices.
- In Belgium, Flanders published the new salary levels for work starting January 1, 2022. Details are available on this consolidated page.
These items and other news from France, Mexico, and Peru follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, October 20, 2021
U.S. Departments of Justice and Labor Settle Facebook Lawsuit, Changing PERM Landscape for Many Employers
- A settlement agreement in the U.S. worker discrimination lawsuit between the U.S. Department of Justice and Facebook signals a shift in U.S. government enforcement standards that will cause many companies to assess their PERM practices.
- Companies are encouraged to engage their legal counsel to assess the potential impact of the DOJ settlement on their PERM program.
- The U.S. Department of Labor has entered into a separate settlement agreement with Facebook, which is not publicly available, but will require the company to conduct additional notice and recruitment efforts for U.S. workers and submit to some increased oversight.
To view entire article, click here.
United States, October 20, 2021
U.S. Land Border Restrictions on Travel From Canada and Mexico Extended Through January 21, 2022 But Restrictions to Lift for Fully Vaccinated in November 2021
- CBP border restrictions permitting only essential travel to the United States across Canadian and Mexican land borders will be extended through January 21, 2022, though the restrictions will lift in November 2021 for fully COVID-vaccinated foreign nationals only. These restrictions do not affect air travel.
- The lifting of the border restrictions for vaccinated foreign nationals engaging in “non-essential” travel in November 2021 will align with the White House’s new international air travel vaccine policy, according to CBP. The White House has stated that the air travel vaccine policy will take effect on November 8.
- “Non-essential travel” includes travel that is considered tourism or recreational in nature. Essential travel includes travel by U.S. citizens, lawful permanent residents, and foreign nationals traveling to work in the United States, among others.
To view entire article, click here.
United States, October 15, 2021
White House To Replace Regional COVID Travel Bans with Vaccination Requirement for All Foreign Nationals on November 8, According to Reports
- White House officials have confirmed to several news outlets that November 8, 2021 is the date it will rescind its regional COVID-19 travel bans and implement a COVID vaccination requirement for all adult foreign nationals traveling to the United States by air.
- The new vaccination policy will require foreign nationals to show proof of full COVID vaccination in order to board a flight to the United States. Limited exceptions to the new vaccine requirement are expected to apply to children and some others.
- These policy changes are expected to ease travel for many, but 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
France: Update on New Pre-Approval Application Processes – Government authorities have clarified details on the new pre-approval application process introduced for the Talent Passport - Innovative Economic Project status and the Talent Passport - Business Creation status. Per the update, currently only Talent Passport - Innovative Economic Project visa applicants must apply online for pre-approval. Talent Passport - Innovative Economic Project applicants must continue to apply for support from a French incubator or accelerator to be recognized as an “innovative economic project” before applying for Ministry of Economy pre-approval. The General Directorate of Enterprises anticipates processing pre-approval applications for all applicants in two to four weeks, though it is not clear how long processing will actually take in practice. For the Talent Passport – Business Creation status, the consulate or prefecture will still request this pre-approval on the applicant's behalf during a transitional phase, until the pre-approval process is rolled out in 2022 (pre-approval can take up to two months for this status).
Mexico: Appointment Backlogs During Holiday Season – The National Immigration Institute (INM) is experiencing a backlog of appointments in all offices across Mexico, leading to appointment delays of approximately four weeks from the date of booking of the appointment (instead of the usual one week or less). This backlog affects applications for residence permit renewal, change of status to permanent residence and post-arrival registrations, and may increase over the coming weeks due to high demand before government closures during the holidays. Foreign nationals who need to register with the INM, or whose Resident Cards expired but who have not yet filed their renewal or change of status application, will face travel restrictions, since Exit Permits (which are issued to foreign nationals with pending immigration applications in order to travel) are only issued after an application is submitted to the INM. Foreign nationals leaving Mexico without a valid resident card or Exit Permit could have their legal status in Mexico canceled. To mitigate delays, foreign nationals whose single-entry visa or residence documents expire in November, December or January who intend to depart Mexico for the holiday period and need exit documents, should initiate their immigration process immediately. Fragomen is contacting affected clients with case-by-case advice.
Mexico: Visa Requirement for Nationals of Brazil Forthcoming – According to an Executive Decree that is expected to be published within the next 30 days, the Mexican government will require Brazilian nationals to obtain a consular Visitor Visa to enter Mexico for tourism and business. Currently, nationals of Brazil can enter Mexico under visa-exempt status for up to 180 days. According to the government, the measure is aimed at improving the control of irregular migration into the country and preventing irregular migration into the United States. The Visitor Visa can take approximately one to 20 days to process, depending on the consular post, and typically allows a maximum stay of 180 days for each entry. Certain Brazilian nationals may still be visa exempt if they hold an eligible visa or immigration status from another country. Fragomen is monitoring developments and will publish an alert when details are official.
Peru: Proof of Tax Payments Now Required for Resident Worker Visa Renewals – The National Superintendence of Immigration is now requiring proof of tax payments when renewing Resident Worker Visas. Specifically, applicants must obtain a report from the Customs and Tax Agency (SUNAT) of taxes withheld by their employer during the last year (Reporte de Rentas y Retenciones or Consulta de Contribuciones y Retenciones de Trabajadores) and submit it with their renewal application. Previously, this documentation was not required. Individuals must first obtain a Tax Identification Number from the SUNAT in person, which is generally issued on the same day. Approximately two to three days after receiving their Tax Identification Number, they can generate their tax certificate online through the SUNAT website. Fragomen can provide support with obtaining a Tax Identification Number.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
