Weekly Immigration Update: September 24–30, 2021

Congress Passes Stopgap Spending Measure Funding Government Through December 3, Averting Government Shutdown

• The stopgap measure funds the U.S. government through December 3, 2021, as FY 2022 federal budget negotiations continue.
• The bill also extends the E-Verify and Conrad 30 programs through December 3, 2021.
• President Biden is expected to sign the bill today.

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Oman, September 30, 2021
Long-Term Residency Program for Foreign Investors Launched

• Oman’s Ministry of Commerce, Industry and Investment Promotion (MCIIP) launched the “Investment Residency Program,” which offers five- and 10-year renewable residence permits to investors in Oman.
• It is expected that eligible foreign nationals will be able to apply for the new permits beginning October 3, 2021 through the MCIIP online portal.
• The program will provide a path for foreign nationals to obtain a self-sponsored residence permit in Oman that is not tied to their employment. It also aims to attract and retain investment in and generate more job opportunities for Oman.

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Canada, September 29, 2021
Fewer Foreign Nationals Eligible for Spousal Open Work Permit

• Immigration, Refugees and Citizenship Canada (IRCC) has narrowed and clarified eligibility requirements for C-41 and C-42 Spousal Open Work Permits (SOWPs), which allow spouses of workers and students in Canada to obtain an open work permit for the same duration as the principal foreign national.
• In addition to the existing requirements, applicants must now show a genuine relationship between the principal and spousal applicant and the principal foreign national must have at least six months remaining on their work permit at the time the SOWP application is received.
• Foreign nationals may find it more difficult to obtain SOWPs and should ensure that they qualify under the new requirements.
• IRCC has also enumerated additional requirements for certain categories of SOWP applicants.

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United States, September 28, 2021
Croatian Nationals Eligible for B Visa Waiver Program Starting No Later Than December 1

• Starting no later than December 1, 2021, Croatian nationals will be able to apply for travel to the United States as B-1/B-2 visitors under the Visa Waiver Program. If deemed eligible, they will not need a visa from a U.S. consulate for their short-term business visitor or tourist travel.
• Visa Waiver applicants must submit their applications at least 72 hours in advance of travel using the online application system, Electronic System for Travel Authorization (ESTA). 
• Business visitors under the Visa Waiver Program are permitted to engage in allowable B-1 business activities in the United States for no more than 90 days.

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United States, September 27, 2021
DHS Proposes DACA Regulation, No Immediate Impact on DACA Beneficiaries

• DHS is proposing a regulation to establish the DACA program by notice and comment rulemaking.
• There are no immediate changes to the current status of the DACA program, which remains temporarily functioning for existing beneficiaries only, pursuant to a July court order. DHS is currently appealing the order in an attempt to fully reinstate the program; outlook for the appeal is uncertain.
• The newly proposed DACA program maintains the same eligibility requirements as the existing program.
• The new DACA rule will be formally proposed on September 28 and will be open for public feedback for 60 days. The rule will not take effect until finalized, a process that typically takes several months or more.
• Congress is continuing to debate legislative DACA proposals, but their outcome is uncertain.

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Greece, September 27, 2021
Digital Nomad Visa Now Available

• Greece now offers a one-year (renewable) Digital Nomad Visa for foreign nationals who are working remotely and are self-employed or employed by a company outside Greece.
• Applicants must generate at least EUR 3,500 gross monthly income and cannot perform work or services in Greece.
• Digital nomads now have access to an immigration status in Greece, where no such option previously existed.

To view entire article, click here.

 

United States, September 24, 2021
USCIS Extends Existing COVID-19 Accommodations on RFEs, NOIDs, Appeals and Other Responses Through January 15, 2022

• Due to the ongoing COVID-19 emergency, USCIS is extending its 60-day deadline extension policy through January 15, 2022.
• Petitioners and applicants will have an additional 60 days to respond to requests for evidence, notices of intent to deny or revoke, notices of intent to terminate EB-5 regional investment centers and certain other notices dated between March 1, 2020 and January 15, 2022.
• Employers and foreign nationals will also have 60, rather than 30, days to file any appeal or motion to reopen a USCIS decision that was issued between March 1, 2020 and January 15, 2022. 

To view entire article, click here.