Weekly Immigration Update: October 8–14, 2021

Mainland China: Guangzhou Employers Must Update Company Registration – The Guangzhou Public Security Bureau (PSB) has upgraded its internal systems and now requires employers in Guangzhou seeking to apply for visas and residence permits to update their company registration through the PSB website, including the company name, number of business licenses, legal representative’s name, identification number, etc. Employers with already-hired foreign nationals must also update their information. Though there is no deadline to update the information, employers will not be allowed to apply for future visas and residence permits until they complete the update. This new requirement is because the PSB system upgrade did not transfer company information. Fragomen can assist with updating company information.

Costa Rica: Benefits Forthcoming for Film Industry – A proposed law approved by the Costa Rican Legislative Assembly and expected to be signed into law in the next few weeks seeks to introduce immigration, tax and other benefits to foreign nationals working in the film industry, in order to attract film projects into the country. Under the law, foreign nationals entering the country to work on the development or execution of eligible film projects will be able to apply for work visas through a streamlined application process, managed by the Costa Rican Foreign Trade Promoter (PROCOMER). These applications are expected to be adjudicated within 20 business days, more quickly than other standard work authorization applications. The law also seeks to offer a wide array of tax benefits for eligible foreign nationals and foreign companies involved in the film projects, and is aligned with Costa Rica’s goal to incentivize tourism and other industries. Specific details are expected when the proposal is signed into law and the General Immigration Directorate publishes the accompanying immigration regulations.  

Denmark: Delays in Processing Immigration Applications – The Danish Agency for International Recruitment and Integration (SIRI) has published a statement that it will not be able to meet processing time expectations previously announced in May 2021  for various immigration applications due to a high application volume (especially Fast Track cases). SIRI plans to increase the number of employees processing cases in order to decrease case backlog. Case processing times are expected to improve in Q4 2021. Until then, applicants should expect processing of Fast Track applications to take one to two months, and Pay Limit Scheme applications three to four months. Other processes may also face several weeks of delays. Applicants should check with their immigration provider for specifics.

European Union: Streamlined Blue Card Rules Adopted – The EU Council formally adopted changes to the EU Blue Card scheme that would make the harmonized permit for highly skilled local hires more accessible and attractive. Key changes include a potentially lower salary threshold, reducing the required validity of a job offer or employment contract by half, and facilitating intra-EU mobility after 12 months of permit possession (down from 18 months). The permit would also be available to beneficiaries of international protection and non-EU family members of EU nationals, which could mobilize dormant labor potential in the region amidst increasing labor shortages. The new Directive enters into force 20 days after publication (expected in the next few days); EU Member States then have two years to implement the Directive into national laws.

France: New Application Steps in Talent Passport and Entrepreneur Visa – A new decree adds an additional step in the immigration process for residence permit applications in the “Talent passport – Business Creation” and “Talent passport - Innovative economic project” statuses. Foreign nationals applying for an initial long-term visa from abroad, and those seeking to change their immigration status, must now apply for preapproval from the Ministry in charge of the economy. The decree does not detail the procedure nor the processing time to obtain approval from the Ministry. Additionally, "Entrepreneur-profession libérale" status applicants must now apply for preapproval from the relevant interregional platform via the ANEF online portal. Before this new decree, French Consulates and Prefectures contacted the authorities to obtain preapproval. With this additional administrative burden shifted to the applicant, it could add one to three months to the overall application process.

Jordan: New Long-Term Visit Visa Forthcoming – The Ministry of Interior announced that visitors to Jordan will soon be able to obtain a multiple-entry visa valid for one year, in a move to attract more visitors and investment to the country. Currently, most visitors to Jordan can obtain a visa-on-arrival for stays of up to 30 or 60 days. The visa is typically for a single entry and designated for tourism. Details of the visa, including the implementation date and eligibility criteria, are expected to be published in the coming weeks.

Malaysia: 2022 Projection Submissions Opening Soon – Starting November 1, 2021, companies in Malaysia registered with the Malaysia Digital Economy Corporation (MDEC) may submit their projection applications to the MDEC, for initial or renewal Employment Pass (EP) applications that they seek to sponsor in 2022. These projections are a measure for the government to identify approximately how many foreign nationals will be working in Malaysia in the following year. Although projection submissions for 2021 remain open until November 14, all unutilized projections approved for the year 2021 will be forfeited by December 31, 2021. There is no deadline for submission, but affected employers who do not have approved projections for 2022 cannot submit initial or renewal work pass applications until they obtain the required approval. Foreign nationals already in Malaysia may need to exit if their new work passes cannot be obtained prior to the expiration of their current one. Employers must submit the projection submissions as soon as possible to avoid delays from upcoming holiday closures and an expected high volume of applications.

Mexico: Electronic Passport Launched – The Ministry of Foreign Affairs has begun issuing electronic passports in Mexico City and in some consular posts. The new electronic passport has an integrated chip to store information (in addition to other security measures), intended to prevent fraud and facilitate the identification of passport holders at ports of entry. Additionally, electronic passports issued to minors now include their legal guardianship information for protection. The government expects that all passport offices in Mexico and all Mexican consular posts will be able to issue biometric passports by January 2022. In the meantime, previously issued passports which are not electronic remain valid until their expiration dates. Mexico is the latest country in Latin America to issue electronic passports to its citizens, along with around 10 others in the region. Costa Rica plans to introduce biometric passports in 2022.  

Singapore: Updates to List of Educational Qualifications and Awarding Institutions – The Ministry of Manpower (MOM) has updated the list of educational qualifications and awarding institutions available for selection in application forms on the Employment Pass Online (EPOL) and myMOM portals. Applicants with pending applications (including future applicants for renewals and appeals) must make relevant amendments to their online forms (if needed) by re-entering their complete educational information. In particular, the updates include the removal of class types for Bachelor’s Degrees (i.e. honors and designations such as Summa, Magna and Cum Laude), and the addition of Juris Doctor to the drop-down options. The same updates apply to the Self-Assessment Tool. The MOM will likely continue to update the list of educational qualifications and awarding institutions as they deem appropriate.

United States: DHS Issues Memo on Worksite Enforcement – The Department of Homeland Security (DHS) has issued a memorandum directing U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS) to develop and update policies to enhance the agency’s impact in supporting the enforcement of employment and labor standards. The memo signals a shift from a focus on workers to a focus on employers. Specifically, the memo directs the agencies to take actions to promote a fair labor market by supporting more effective enforcement of wage protections, workplace safety, labor rights, and other employment laws and standards. The memorandum also establishes an end to mass worksite enforcement operations. Of note, DHS Secretary Alejandro N. Mayorkas has directed the agencies to identify within 60 days of the memo the policies and measures that are in place to ensure that E-Verify is not manipulated to suppress unauthorized workers from, or to punish unauthorized workers for, reporting unlawful labor practices such as substandard wages, unsafe working conditions, and other forms of worker exploitation. The agencies are asked to review any available reports and studies of the use of E-Verify in the context of workplace rights and, present proposed recommendations on how E-Verify can be further strengthened to ensure it is not misused as a tool of exploitative labor practices.

United States: Latest DOL PERM and PWD Processing Times – As of September 30, 2021, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in May 2021 or earlier, and processing audited cases filed in November 2020 or earlier. DOL is working on standard reconsideration requests submitted in May 2021 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM requests filed in February 2021 and H-1B requests filed in March 2021. The agency has been processing PERM and H-1B redeterminations requested in August 2021. PERM center director reviews requested in September 2021 remain pending. These reports are available on the DOL FLAG page.