Weekly Immigration Update: September 30–October 6, 2022
October 6, 2022
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: A stopgap spending measure passed by Congress will fund the U.S. government – including E-Verify and the Conrad 30 program – through December 16, 2022, as Congress considers federal budget legislation to fund the government for the full FY 2023. The U.S. Court of Appeals for the Fifth Circuit upheld a lower court’s finding that the Department of Homeland Security’s 2012 memorandum establishing the Deferred Action for Childhood Arrivals (DACA) program is substantively and procedurally unlawful, but the Court of Appeals has returned the case to the lower court to consider the legality of the DACA regulation recently promulgated by the Biden Administration. The Fifth Circuit’s ruling preserves the current stay that allows current DACA beneficiaries to continue to maintain and renew DACA status. Foreign nationals who wish to enter the FY 2024 Diversity Visa lottery have until November 8 at noon EST to register online at the State Department’s official Diversity Visa lottery website.
- Malaysia: The Malaysian government has launched a new short-term Social Visit Pass program called PLS@XPATS, which allows foreign nationals to work in Malaysia in certain sectors for up to 30 days.
- Ecuador: A two-year temporary residence visa for digital nomads (Visa Nómada) is now available. The visa allows foreign nationals who own a company, or work for or provide services to a company or person outside Ecuador the option to reside in and work remotely from Ecuador without local sponsorship.
- Minimum salary: Poland confirmed the 2023 minimum wage increases. See our consolidated alert for details.
- EU/Russia: The European Commission has issued guidance for more consular and entry scrutiny for Russian citizens. Finland now bans Russian citizens from entry for tourist or transit purposes. Poland no longer permits tourist or business entry to Russian citizens from non-Schengen countries. Lastly, the Danish Embassy in Moscow is temporarily closed for all types of visa and residence permit applications. See our consolidated alert for details.
These items and other news from Brazil, the European Union, France, Hong Kong SAR, Kenya, Norway, Poland, Portugal, Qatar, Russia, Rwanda, Saudi Arabia, Slovakia, Tanzania, the United Arab Emirates, and the United States follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, October 6, 2022
Fifth Circuit Affirms Lower Court’s Ruling Against DACA But Remands to Lower Court in Light of New DACA Regulation and Preserves Status Quo for Current DACA Beneficiaries
- On October 5, the U.S. Court of Appeals for the Fifth Circuit upheld a lower court’s finding that the Department of Homeland Security’s 2012 memorandum establishing the Deferred Action for Childhood Arrivals (DACA) program is substantively and procedurally unlawful, but the Court of Appeals has returned the case to the lower court to consider the legality of the DACA regulation recently promulgated by the Biden Administration.
- The Fifth Circuit’s ruling preserves the current stay that allows current DACA beneficiaries to continue to maintain and renew DACA status.
To view entire article, click here.
United States, October 5, 2022
FY 2024 Diversity Visa Lottery Registration Opens Today
- Entrants have until Tuesday, November 8, 2022 at noon EST to register online at the State Department’s official lottery website.
- Lottery applications must conform to the State Department’s strict requirements.
To view entire article, click here.
Malaysia, October 5, 2022
New Short-Term Social Visit Pass Program Launched
- The Malaysian government has launched a new short-term Social Visit Pass program called PLS@XPATS, which allows foreign nationals to work in Malaysia for up to 30 days.
- Foreign nationals seeking to perform certain work in specific sectors are eligible to apply online for work authorization under the program.
- Applicants benefit from a three-day government processing time, which is much shorter than the short-term Professional Visit Pass entry option
To view entire article, click here.
Ecuador, October 3, 2022
Temporary Residence Visa for Digital Nomads Available
- Ecuador introduced a two-year temporary residence visa for digital nomads, which offers foreign nationals who own a company or work for or provide services to a company or person outside Ecuador the option to reside in and work remotely from Ecuador without local sponsorship.
- The visa is available to nationals of 182 countries/territories as determined by the Ministry of Tourism.
- Eligible applicants must have earned a minimum of USD 1,275 per month in the last three months, or a total of USD 15,300 over the past year, among other requirements.
- The visa does not allow foreign nationals to perform local work in Ecuador.
To view entire article, click here.
United States, September 30, 2022
Congress Passes Stopgap Spending Measure, Funding Government Through December 16, 2022, While FY 2023 Budget Is Finalized
- A stopgap spending measure passed by Congress will fund the U.S. government – including E-Verify and the Conrad 30 program – through December 16, 2022, as Congress considers federal budget legislation to fund the government for the full FY 2023. President Biden is expected to sign the stopgap measure.
- Passage of the short-term spending bill avoids a government shutdown on October 1, 2022 and provides more time for Congress to pass a FY 2023 budget.
To view entire article, click here.
Other weekly news briefs
Brazil, October 6, 2022
Availability of Humanitarian Visa for Ukrainian Nationals Extended
European Union, October 6, 2022
Minimum Wage Directive Formally Adopted
France, October 6, 2022
Residence Permit Application Online Filing Now Available to EU, EEA and Swiss Citizens
Hong Kong SAR, October 5, 2022
New Smart Identity Cards to Replace Previously Issued Identity Cards
Kenya, October 3, 2022
East Africa Nationals Exempt from Work Permit Government Fees
Norway, October 6, 2022
Government Proposes Forthcoming Compliance Measures
Poland, October 6, 2022
Legislative Changes Delayed
Poland, October 6, 2022
In-country D Visa Applications Now Possible for Some Belarusian and Ukrainian Nationals
Portugal, October 6, 2022
Remote Work Visa Applications Now Open
Qatar, October 6, 2022
Social Security Contributions to be Expanded to Private Employers
Russia, October 4, 2022
HQS Salary Notification Due October 31
Rwanda, October 6, 2022
H2 Work Permits No Longer Require Labor Market Test
Saudi Arabia, October 5, 2022
New Student Visa Forthcoming
Slovakia, October 4, 2022
Simplified Visa Process for Managers from Third Countries
Tanzania, October 6, 2022
Shorter Processing Times and Simpler Process for Work Permit Applications
United Arab Emirates, October 6, 2022
Employment Residence Permit Validity Reduced to Two Years for Applicants in Free Zones
United States, October 6, 2022
D.C. Circuit Upholds Decision to Maintain OPT Programs
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.