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On Jan. 8, U.S. Citizenship and Immigration Services (USCIS) issued policy manual guidance to clarify how it evaluates evidence to determine O-1 visa eligibility, including adding examples of evidence for individuals in critical and emerging technologies.
Key Points:
The updated guidance was issued in the USCIS Policy Manual, Vol. 2, Part M.
Additional Information: The updated guidance addresses President Biden’s Oct. 30, 2023, Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, which directs the Department of Homeland Security to modernize immigration pathways for experts in artificial intelligence and other critical and emerging technologies, including for O-1A nonimmigrants.
This alert has been provided by the BAL U.S. Practice Group.
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Japanese authorities are raising key immigration application fees as well as extending the stay duration for the startup visa under the designated activities category.
Additional Information: Visa fees are revised on April 1 each year and waived for certain nationalities. In principle, multiple-entry visas are issued only to nationals of countries that have reciprocal arrangements with Japan.
In addition, ISA is extending the stay duration for the startup visa under the designated activities category to two years. The six-month startup visa previously was only allowed for renewal once, for a total maximum stay up to one year. The total stay duration has now been extended to two years; however, the six-month visa period is unchanged.
This alert has been provided by the BAL Global Practice Group.
Taiwanese authorities launched a new visa program for digital nomads, allowing eligible foreign nationals the ability to live and work remotely in Taiwan for up to six months.
Additional Information: The Ministry of the Interior’s review process will be waived and the Ministry of Foreign Affairs will directly issue the visa to applicants who have previously obtained a digital nomad visa from another country. Officials stated that the digital nomad visa is only for foreign nationals working remotely in Taiwan for an employer overseas and employment should not have any connection with any local Taiwanese entities.
Depending on the program’s results, the government will consider extending the stay period. The introduction of a digital nomad visa, along with recent expansion of the visa-free entry program, demonstrate measures by Taiwanese authorities to attract more visitors and ease travel restrictions to promote further growth.
The Organic Act 1/2025 has been published in Spain’s Official State Gazette, confirming the termination of the golden visa program, effective April 3.
Additional Information: The provisions in the Organic Act establish that the validity of the visas and permits — specifically visas and permits for investors through real estate acquisition — in effect by April 3 will be maintained for the period for which they were issued. BAL will provide more information once received regarding the renewal of visas and permits for investors through means other than real estate investment.
Effective Jan. 8, all eligible non-European travelers transiting or traveling to the United Kingdom for tourism, family visits, business meetings, conferences or short-term study for six months or less will require an electronic travel authorization (ETA) prior to travel.
Additional Information: The ETA is valid for two years or until passport expiration date, whichever comes first, and the application fee is £10 (about US$13). Officials advised that an ETA may take up to three working days to process. All eligible non-European nationals are required to have a valid ETA when traveling to the U.K., even when traveling by land between the Republic of Ireland and Northern Ireland. Once granted, ETAs are digitally linked to a traveler’s passport and allow for stays of up to six months at a time. The ETA is not a visa but serves as a digital permission to travel that allows for both short trips and extended stays.
The ETA system is a major change to the U.K.’s travel regulations. This effort is part of a larger government plan to transform the border and immigration system. The government is also introducing a new eVisa to replace biometric residence permits, biometric residence cards, passport endorsements (such as indefinite leave to enter wet-ink stamps) and vignette stickers in passports (such as entry clearance or visa vignettes). The Home Office is focusing on developing a border and immigration system that is more digital and streamlined. Employees and employers should be aware of the upcoming changes and prepare now for travel or transit through the United Kingdom.
The Canadian government announced it will not accept new applications under the Parents and Grandparents Program in 2025.
Additional Information: The measure aligns with the government’s 2025-27 Immigration Levels Plan and strategy to reduce permanent resident targets over the next three years. The government is implementing new measures to reduce permanent resident targets to 395,000 in 2025.
As a reminder, the Marom Electronic Travel Authorization — Israel (ETA-IL) is now in effect, and all tourists and business travelers from visa-exempt countries must obtain an ETA-IL form approval before arriving in Israel.
Additional Information: The system is designed to streamline the entry process for visa waiver nationals seeking short-term visits for purposes other than work, volunteering or studying. Once approved, the status is valid for up to two years and allows for stays of up to 90 days maximum per visit, with multiple-entry capabilities.
The online portal will still require individuals to obtain approval prior to their travel and does not replace the discretion of border control officials. Applications must be submitted electronically at least 72 hours before the expected entry date. The system is designed to provide instant approval to eligible travelers.
The government is launching the new system to modernize its entry procedures and provide a more seamless travel experience for visitors. In addition, the new system will attempt to strengthen security measures while continuing to effectively facilitate legitimate travel.
Effective April 1, Israel’s minimum monthly salary will be updated to 6,248 NIS (about US$1,714) gross per month.
Additional Information: The government also increased application processing fees for 2025, including raising the work permit submission fee to 1,390 NIS. Other notable fee increases include the B-1 work visa and multiple-entry visa rising to 200 NIS and the B-1 one-year employer fee increasing to 11,060 NIS.
Employers hiring foreign nationals must guarantee that their employees receive at least the updated minimum salary and should take the new increased minimum monthly salary and filing fees into account when planning their 2025 budgets.
The Department of Labor (DOL) announced on Dec. 20 additional guidance on the 2024 Farmworker Protection Final Rule.
Additional Information: On November 27, 2024, all initiated but unsubmitted, H-2A job orders and completed Applications for Temporary Employment Certification in FLAG using the forms associated with the Farmworker Protection Rule under the version of 20 CFR part 655, subpart B in effect as of June 28, 2024, were deleted to help prevent accidental submittals using incorrect versions of the forms and ensure DOL compliance with the court orders.
OFLC has ceased further processing of all pending H-2A job orders and Applications for Temporary Employment Certification using the revised forms in effect on June 28, 2024. Employers with pending job orders/applications have the option of requesting withdrawal of their pending H-2A job order or Application for Temporary Employment Certification using either the FLAG System online withdrawal function or submitting a request in writing to the OFLC at tlc.chicago@dol.gov (the unique FLAG H-2A job order or Application for Temporary Employment Certification case number must be used in the subject line of the email).
The preliminary “Yes/No” question put in place by DOL to comply with court orders has been removed from the FLAG System.
The Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A Workers) codified under 20 Code of Federal Regulations part 655, subpart B that went into effect on June 27, 2024 can be found here.
South Africa’s Ministry of Home Affairs announced the validity of the Lesotho Exemption Permits (LEP) has been granted an automatic extension to Nov. 28, 2025.
Background: The ZEP program began when the South African government granted “special dispensation” for Zimbabweans who were in the country illegally, many of them having had fled violence and instability in Zimbabwe. The South African government replaced Special Dispensation for Zimbabweans with Zimbabwean Special Permits in 2014 and again in 2017 with the introduction of the ZEP. A similar exemption was granted to nationals of Lesotho to provide them relief and to ease the burden on the asylum system. The exemption affects approximately 54,653 nationals of Lesotho.