Weekly Immigration Update: October 16-22, 2020

In immigration news this week:

• Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and quarantine measures, and many have implemented extension policies and other concessions. Visit Fragomen’s COVID-19 website for the latest immigration updates.
• United Arab Emirates: The government of Dubai is launching the first remote work visa program in the Middle East for foreign nationals seeking to work remotely while remaining employed in their home country.
• United States: Three federal lawsuits are challenging the new H-1B and prevailing wage regulations published by the Departments of Labor and Homeland Security in recent weeks. The plaintiffs are requesting preliminary injunctive relief to pause enforcement of the rules during litigation. On October 19, the USCIS premium processing fees for cases currently eligible for premium processing increased to $2,500, from $1,440. The State Department is proposing a revision to the B-1 business visitor regulations to remove the option to obtain a B-1 visa “in lieu of” an H-1B specialty occupation or H-3 trainee visa. In connection with the COVID-19 pandemic, U.S. Customs and Border Protection (CBP) is extending its land and ferry border restrictions permitting only essential travel across the U.S.-Mexico and U.S.-Canada borders through November 21.
• Brazil: Recently implemented reforms to the offshore visa/residence permit category include a relaxed eligibility criteria, clearer guidance on quota requirements for companies operating international vessels or platforms, and formalized work authorization waivers for certain foreign nationals working offshore.
• France: The online portal for UK nationals to register for French residence permits is now open, following a postponement due to COVID-19-related government closures.
• Costa Rica: An electronic platform will now allow foreign nationals in Costa Rica to file initial immigration applications and submit electronic copies of their application documents without a personal appearance.
• Belgium: Effective January 1, 2021, the minimum annual salary will increase for foreign workers holding certain positions and for certain locally hired staff in the regions of Flanders and Brussels.

These items and other news from Antigua and Barbuda, Belgium, Chile, Israel, the European Union, the Netherlands, New Zealand, Norway, Panama, and the United Arab Emirates follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, October 21, 2020
U.S.-Canada and U.S.-Mexico Land Border Restrictions Extended Through November 21

• CBP border restrictions permitting only essential travel across the U.S.-Mexico and U.S.-Canada borders will be extended through November 21. The restrictions do not affect air travel.
• Essential travel includes travel by U.S. citizens, lawful permanent residents, and foreign nationals traveling to work in the United States, among others.  
• Visa Waiver and other business travelers may face additional scrutiny at the border. 
• “Non-essential travel” at land borders is not permitted, which includes travel that is considered tourism or recreational in nature.

To view entire article, click here.

 

United States, October 20, 2020
State Department Proposes Elimination of B-1 in Lieu of H Visa Classifications

• The State Department is proposing a revision to the B-1 business visitor regulations to remove the option to obtain a B-1 visa “in lieu of” an H-1B specialty occupation or H-3 trainee visa.
• If the rule is finalized, it would eliminate a longstanding policy that permitted foreign nationals to enter on a B-1 visa to perform short-term H-1B services in limited circumstances while remaining on foreign payroll.
• The agency will accept comments on the proposed change for 60 days after publication in the Federal Register tomorrow. The regulation will not take effect unless and until it is finalized, a process that typically takes several months.

To view entire article, click here.

 

United States, October 20, 2020
Legal Challenges Mounted Against New DOL and DHS Rules

• Three federal lawsuits challenge new H-1B and prevailing wage regulations published by the Departments of Labor and Homeland Security in recent weeks. 
• The lawsuits charge that the federal agencies did not follow proper administrative procedures when they fast-tracked the rules without advance notice or an opportunity for public feedback.
• The plaintiffs are requesting preliminary injunctive relief to pause enforcement of the rules during litigation.

To view entire article, click here.

 

Brazil, October 20, 2020
Offshore Visa Reforms Implemented

Key changes of the recently implemented reforms to Brazil’s offshore visa/residence permit category include:

• Relaxed eligibility criteria, which now includes any professional working on board a foreign flagged vessel or platform (previously only full-time crew members were eligible);
• Clearer guidance on quota requirements for companies operating international vessels or platforms in Brazil; and
• Formalized work authorization waivers for certain foreign nationals working offshore for up to 90 days.

To view entire article, click here.

 

France, October 20, 2020
UK Nationals’ Brexit Residence Permit Applications System Now Open

• The French government has opened the online portal for UK nationals to register for French residence permits, following a postponement due to COVID-19-related government closures.
• As a reminder, UK nationals and their family members residing in France and those planning to enter and reside in France before December 31, 2021 must apply for a Withdrawal Agreement residence permit by July 1, 2021 and will be required to hold one beginning October 1, 2021.

 

To view entire article, click here.

 

Costa Rica, October 19, 2020
Electronic Platform Launched for Immigration Applications

• The General Immigration Directorate (DGME) has introduced an electronic platform on which foreign nationals in Costa Rica can file initial immigration applications and submit electronic copies of their application documents without a personal appearance.
• The DGME is rolling out the platform in phases, with a limited number of application types already eligible for the system.
• The new online process is expected to reduce the overall processing time for eligible applications.

 

To view entire article, click here.

 

Belgium, October 16, 2020
Flanders and Brussels Regions Announce Minimum Salary Level Increases

• Effective January 1, 2021, the minimum annual salary for foreign workers in the region of Flanders, Belgium will increase 1.94% to: EUR 69,638 for executives (including managers under the forthcoming EU Intra-Company Transferee (ICT) Permit); EUR 52,229 for EU Blue Card applicants; EUR 43,524 for specialists and trainees under the EU ICT Permit and for highly-skilled permit applicants; and EUR 34,819.20 for locally hired staff under 30 years old.
• The minimum annual salary for foreign workers in the region of Brussels will increase 1.23% to: EUR 72,399 for executives; EUR 56,111 for EU Blue Card applicants and managers under the EU ICT permit; EUR 44,889 for specialists and EUR 28,056 for trainees under the EU ICT Permit; and EUR 43,395 for highly-skilled permit applicants.
• Employees must increase salaries for current and new staff and notify authorities of increases for pending applications.

 

To view entire article, click here.

 

United Arab Emirates, October 16, 2020
Dubai Launches Virtual Working Program for Foreign Professionals

• The government of Dubai is launching a Virtual Working Program for foreign nationals seeking to work remotely while remaining employed in their home country. This is the first remote work visa in the Middle East region.
• In order to qualify for the program, applicants must earn a minimum salary of USD 5,000 per month, among other requirements.
• The program will allow foreign nationals to benefit from working in Dubai without a local employment contract.

 

To view entire article, click here.

 

United States, October 16, 2020
USCIS to Increase Premium Processing Fees Starting October 19; Program Expansions Still Pending

• The cost to premium process petitions filed on Forms I-140 and I-129 will increase to $2,500 from $1,440, beginning Monday, October 19, as required by a stopgap spending measure signed into law on September 30, 2020.
• The increase will only apply to cases currently eligible for premium processing, including H and L petitions and certain EB-1, EB-2 and EB-3 petitions.
• Though the stopgap measure also expanded the premium processing program to other case types and benefits requests, USCIS has not disclosed when it plans to implement the expansion. 

 

To view entire article, click here.

 

Other Weekly News Briefs

Antigua and Barbuda: Issuance of Initial Work Permits Suspended – Due to the economic decline caused by the COVID-19 pandemic, Antigua and Barbuda is not issuing initial work permits for foreign nationals until further notice to encourage employers to hire local workers, according to social media posts from the Prime Minister’s office. Foreign residents of Antigua and Barbuda can still apply to renew their current work permit. Check Fragomen’s COVID-19 website for more information about travel restrictions and other related policies.

Belgium: Update on EU Intra-Company Transferee Permit Issuance – As an update, the Flanders region has postponed acceptance of EU ICT Permit applications to November 1. As before, the Brussels region is accepting EU Intra-Company Transferee (ICT) Permit applications since October 1; and the Wallonia region will only accept EU ICT Permit applications upon publication of the executing royal decree that would allow permit issuance. Successful applicants in Brussels and Flanders will receive a standard single permit residence card, which does not allow EU mobility and which can be converted to an EU ICT Permit card once available.

Chile: Several In-Country Processes Streamlined – Foreign nationals applying for permanent residence, student visas, work contract or temporary residence visa renewal, or change of employer in Chile are no longer required to obtain local police clearance certificates, residence validity certificates or visa registration certificates in support of their application. The International Police and the Civil Registry are now sharing this information with the Immigration Department internally as part of their interoperability agreement. These procedural changes remove administrative steps from the document-gathering stage and, in some cases, can expedite the overall process by approximately 30 days.  

Chile: Work Contract Visa Renewal Applications Subject to Educational Requirements – To verify an applicant’s educational qualifications, the Chilean Immigration Department is now requesting an apostilled or legalized copy of the university diploma from foreign nationals applying to renew their Work Contract Visa who are affiliated with a social security/healthcare system outside of Chile. Previously, these foreign nationals were only required to submit this document with their initial consular Work Contract Visa application. As a reminder, all foreign nationals hired in Chile are required to make contributions to the Chilean social security system, with some exceptions. Employers should initiate the Work Contract Visa renewal process at least 90 days prior to their visa expiration date.  

European Union: First Joint Cross-Border Labor Inspection – The European Labor Authority completed its first joint cross-border labor inspection, supporting the investigation of construction companies in Belgium, Lithuania and Portugal. In the course of inspection, national authorities tested the tools and procedures developed in cooperation with the European Labour Authority, aiming to fight against undeclared work in a more efficient way. More coordinated inspections are expected in the upcoming months.

European Union: Commission Acts on Late Posted Worker Implementation – As anticipated, the European Commission has started infringement procedures due to late implementation of the Revised Posted Worker Directive by sending letters of formal notice to Austria, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Finland, Greece, Ireland, Latvia, Luxembourg, Portugal, Slovenia, Spain and the United Kingdom. National authorities may now respond to this formal notice by stating their planned implementation steps, timeframe and reasons for delay. In Croatia and Slovenia, implementing legislation is pending with parliament and the government, respectively. For these two locations, Fragomen expects that infringement action may not proceed beyond the current stage of formal notice.

European Union/Schengen: Intra-Schengen Border Controls Extended – Austria, Denmark, France, Germany and Sweden have extended intra-Schengen border controls until at least April 2021. Norway is expected to similarly extend internal border controls. Internal border controls are in principle not allowed within the Schengen Area, except for temporary national security measures, though they have been in effect since late 2015 in various forms in several affected countries. These border controls are not related to the COVID-19-related travel restrictions also in place.

Israel/United Arab Emirates: Visa Waiver Agreement Signed Between Israel and the UAE – The United Arab Emirates (UAE) and Israeli governments have signed an agreement to allow nationals of both countries to travel between Israel and the UAE for tourism purposes without obtaining a visa in advance. This follows an earlier agreement to normalize relations between the countries. It is expected that nationals of both countries will also be eligible to transit through and conduct business in each other’s countries. Currently, nationals of Israel and the UAE cannot travel to each other’s countries. The visa waiver agreement will go into effect once implemented through local legislation. Further information, including detailed conditions of the relevant entry policies, are expected to be announced in the coming weeks.

Netherlands: Relaxed Civic Integration for Self-Employed Citizenship Applicants – Effective immediately, self-employed individuals applying for Dutch citizenship, long-term residence or another permit type requiring civic integration are exempt from one of seven civic integration exams if they apply for the exemption. A similar exemption was previously introduced for employed foreign nationals.

Netherlands: Relaxed Work Authorization for Fishery Forthcoming – Effective January 1, 2021, the Dutch Labor Authority (UWV) will no longer require labor market testing for work permit applications for non-EU fishers aboard foreign vessels. Previously, such applications required five-week vacancy posting and efforts (by both employer and UWV) to fill the vacancy by an EU/European Economic Area/Swiss national. Additionally, the UWV will no longer require such applications to meet the Dutch monthly minimum wage provided that employment conditions conform to the market standard. These work permits will not become invalid if unused for four consecutive weeks. As before, these work permits are issued for two year periods. This change is in line with Dutch efforts to promote international trade and to anticipate the forthcoming end of the Brexit transition period, as currently work permit-exempt UK national fishers will require Dutch work authorization starting January 1, 2021. As a reminder, EU/European Economic Area/Swiss nationals do not require work authorization.

New Zealand: Changes to the Skills Match Report Process – Effective October 7, 2020, employers are no longer required to obtain a Skills Match Report from Work and Income to fill an occupation that is on either the undersupply or oversupply lists, even if the wage of the occupation is below the national median. Previously, this step added between five and 10 business days to the four-month average processing time. Employers are still required to demonstrate that a genuine attempt to attract and recruit suitable New Zealand citizens or resident-class visa holders was conducted, which usually takes employers between three to four weeks.

Norway: Post-Brexit Permit Forthcoming – Norwegian authorities will open applications for a post-Brexit residence permit for current UK national residents and their family members on or after January 1, 2021. Under this permit, UK national residents and their family members holding proof of residence or a residence permit will be able to travel to Norway after January 1, 2021. UK nationals not currently residing in Norway seeking to stay and work in Norway after January 1, 2021, however, will fall under general non-EU immigration requirements and will therefore need to apply for a regular national work permit.

Panama: New Permanent Residence Category for Qualified Investors Introduced – The Panamanian Ministry of National Security has introduced a permanent residence option for foreign nationals making one of the following investments in Panama for at least five years: at least USD 300,000 (or 500,000 after October 16, 2022) in tangible property; at least USD 300,000 (or 500,000 after October 16, 2022) through a purchase agreement placed in escrow with an accredited financial institution in Panama; at least USD 500,000 through a brokerage firm licensed in Panama trading financial instruments issued by companies doing business in Panama; or at least USD 750,000 in a five-year fixed-term deposit with any bank holding a general banking license in Panama. This new option offers eligible foreign nationals a direct pathway to permanent residence in Panama (instead of the initial two-year temporary residence granted in other investor categories) and shorter processing times of six weeks, instead of the usual three to four months for other investor visas. Interested applicants should contact their immigration professional for more information and case-specific advice.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.