Chinese officials announced the expansion of its visa-free policy to nationals of Denmark, Cyprus, Greece, Portugal and Slovenia.

Key Points:

  • Nationals of these countries with ordinary passports may enter China visa-free for business, tourism, family visits or transit purposes for up to 15 days, effective Oct. 15, 2024, through Dec. 31, 2025.
  • Individuals who do not meet the visa exemption criteria are still required to obtain a Chinese visa prior to entry.
  • There are no limits on the total number of entries as long as an individual does not exceed 15 total days and they are traveling for permitted visa waiver activities.

Background: The Chinese government has introduced various measures recently to increase inbound travel from foreign tourists and drive business in its economic recovery from the COVID-19 pandemic. As BAL previously reported, earlier this year tourists from Australia, New Zealand and Poland were also granted unrestricted entry to China until the end of 2025.

BAL Analysis: Visitors from 18 European countries can now visit China visa-free. The government is focusing on new visa-free schemes and enhancing tourism infrastructure to facilitate cross-border travel, increase inbound tourism to further economic development and encourage cultural exchanges.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Sri Lankan government has reinitiated its previous electronic travel authorization (ETA) visa system.

Key Points:

  • As BAL previously reported, the Supreme Court of Sri Lanka issued an interim order suspending the new eVisa platform, which was implemented in April 2024.
  • The Department of Immigration and Emigration has now reopened the old ETA system as a temporary measure for tourist and business visas.

Additional Information: The Supreme Court’s decision to suspend the eVisa considered fundamental rights petitions that challenged potential procedural violations and negative impacts to the Sri Lankan tourism sector. Travelers who have applied and obtained an eVisa from the new system will not be affected and will be able to utilize their visas if they applied before 5 p.m. IST on Aug. 2. BAL will continue following updates on the new eVisa platform and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Department of Homeland Security announced that the Biden administration will not extend legal status for migrants who were permitted to fly to the U.S. under the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) temporary parole program.

Key Points:

  • The Biden administration opened the temporary parole program in late 2022 in an effort to discourage illegal border crossings. It allowed Venezuelan nationals to fly into the U.S. to live and work for two years if a U.S.-based person agreed to sponsor them.
  •  The program was expanded in early 2023 to include Cuban, Haitian and Nicaraguan migrants.
  • More than 530,000 migrants from Cuba, Haiti, Nicaragua and Venezuela have flown to the U.S. since the program’s launch.
  • The parole status for certain Venezuelan migrants who came to the U.S. through the program in Oct. 2022 began expiring this month and will not be extended.
  • Parole periods for Cubans, Haitians and Nicaraguans will permanently expire in early 2025.

Additional Information: DHS will provide parolees with notices instructing them to either apply for other immigration statuses or leave the U.S. FAQ on the CHNV program can be found here.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

South Africa’s Ministry of Home Affairs announced a new Trusted Tour Operator Scheme, which will open in January 2025.

Key Points:

  • The government will launch the new scheme for vetted and approved foreign nationals from mainland China and India. It will include pre-registration capabilities with expedited visa processing and dedicated visa adjudicators.
  • The department will process group tourist applications from mainland China and India who are travelling with approved operators.
  • Vetted tour operators from these countries will need to undergo thorough upfront screening and assume responsibility for all travelers in the group.

Background: Officials provided travel data to support the new initiative, including that Chinese tourists made over 100 million outbound trips in 2023 and that Indian tourists account for 3.9% and China tourists 1.8% of all international visitors to South Africa.

BAL Analysis: South African immigration authorities are hoping to reform the visa system to allow the Department of Home Affairs to serve as an economic enabler, supercharging job creation in the tourism sector. The program may be extended to other nationalities in the future. BAL will continue to monitor developments and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The U.S. Mission to India has released 250,000 additional visa appointments for Indian travelers, including tourists, skilled workers and students.

Key Points:

  • The newly opened appointments will help accommodate hundreds of thousands of Indian visa applicants.
  • The U.S. Mission to India has already processed more than 1 million visa applications this year, including a record-setting student visa application season this summer.

Additional Information: The U.S. Mission to India includes the U.S. Embassy in New Delhi and the U.S. Consulate General in Mumbai, along with consulates in Kolkata, Chennai, and Hyderabad. Over 1.2 million Indians have traveled to the United States so far in 2024, an increase of 35% over the same period in 2023. More than 6 million Indian nationals currently hold a U.S. nonimmigrant visa, with thousands more visas issued each day.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Australian government’s ballot initiative for the Work and Holiday program for mainland China, India and Vietnam has commenced for program year 2024-2025.

Key Points:

  • The government will implement a visa pre-application ballot process in the 2024-2025 program year for these high-demand countries.
  • As of Oct. 1, separate visa ballots have opened for China, India and Vietnam.
  • The registration fee is 25 Australian dollars (about US$17) for eligible passport holders to enter the ballot process and be randomly selected to apply for a Work and Holiday visa.
  • The government set an annual cap on initial subclass 462 visas for the program year:
    • China — 5,000
    • India — 1,000
    • Vietnam — 1,500

Additional Information: As BAL previously reported, previous registrations lodged for the program in 2023 cannot be used for selection in the new program, and the pre-application process will apply only to first Work and Holiday subclass 462 visa applicants from China, Vietnam and India. Foreign nationals from these countries who have already been granted a first Work and Holiday visa can continue applying for a second or third Work and Holiday visa online. Information on the pre-visa application process is published on the department website.

BAL Analysis: The new initiative is specifically designed to address the number of Work and Holiday visa registrations, which significantly exceed the number of places available to the participant countries each year.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Canadian government has updated its guidance for intra-company transfers (ICT).

Key Points:

  • Immigration, Refugees and Citizenship Canada (IRCC) introduced updates under section R205(a) of the Canadian Interests — Significant Benefit program.
  • Officials clarified that intra-company transferees must be currently employed in an executive, managerial or specialized knowledge capacity transferring from a foreign enterprise of an existing multinational corporation to be considered for the ICT immigration pathway. IRCC provided further guidance on how to assess whether the enterprise is considered a multinational corporation.
    • A multinational corporation will now be defined as a company that has business operations in a least one country other than its home country that generates revenue beyond its borders.
  • IRCC also clarified additional details on the eligibility criteria for foreign nationals for intra-company transfer, specifically surrounding remote work.
    • A reasonable explanation of why a foreign national must be in Canada will now be required if the work can be completed remotely.
    • Intra-company transferees must now work at the physical commercial premises where business operations are conducted to be eligible for ICT. Going forward, individuals will not be eligible if business operations are not conducted on physical commercial premises.

Additional Information: IRCC officials stated that ICT should not be used to transfer an enterprise’s general workforce to affiliated entities in Canada. The government is also redefining “specialized knowledge” and whether certain positions require specialized knowledge. The government is releasing policy updates affecting temporary work permit applications, including the changes announced here for intra-company transfers.

BAL Analysis: Employers should be aware of these important changes. BAL will continue to monitor developments and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Citizenship and Immigration Services issued updated policy guidance to clarify the types of evidence that may be evaluated to determine eligibility for the extraordinary ability EB-1 immigrant visa.

Key Points:

  • The updated guidance clarifies the following matters regarding the EB-1 visa:
    • USCIS considers an individual’s receipt of team awards under criterion for lesser nationally or internationally recognized prizes or awards for excellence in their field.
    • Past memberships are considered under membership criterion.
    • The agency removed language suggesting published material must demonstrate the value of the individual’s work and contributions to satisfy the published material criterion.
    • Regarding use of the term “exhibition,” the relevant regulation expressly modifies that term with “artistic,” such that USCIS will only consider non-artistic exhibitions as part of a properly supported claim of comparable evidence.
  • This policy update, effective immediately, is intended to provide more clarity and transparency to petitioners to help them submit appropriate evidence to establish a beneficiary’s eligibility.

Additional Information: Further information on the extraordinary ability EB-1 immigrant visa is available here.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Swedish government provided more details on changes to the Citizenship Act for young people and for Nordic citi­zens.

Key Points:

  • For young people who want to be granted Swedish citizenship, requirements for living an orderly life are being introduced.
    • Young people and young adults who apply for Swedish citizenship through the notification process must have reached the age of 15 but be under 21 to obtain Swedish citizenship.
    • The Swedish Migration Agency will now also consider the applicant’s circumstances at the time of the decision as well as events that occur after notification of citizenship has been submitted.
  • Personal factors including unpaid debts and convictions will now be considered in the decision-making process.
  • In addition, Nordic citizens will need to contact the Swedish Migration Agency for all citizenship cases. To date, Nordic citizens have been able to acquire Swedish citizenship by notification via their local county administrative board.

Additional Information: The government is also implementing changes for appli­cants who apply for release from citi­zenship. Effective Oct. 1, an individual may be denied release from their Swedish citizenship if there is reason to suspect that the applicant does not wish to be released. At the same time as the requirements for obtaining Swedish citizenship are increasing, the protection of citizenship is also being strengthened.

The introduction of these new amendments also includes an increase to the notification of citizenship fee, which will increase to SEK 475 (about USD $46). The “Become a Swedish citizen” section on the government’s website has been updated to reflect these new regulations.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Malaysian government has introduced interim endorsement slips as a temporary substitute for long-term pass stickers.

Key Points:

  • Interim endorsement slips will now be issued to holders of long-term passes that were approved by the Malaysian Digital Economy Corporation and the Expatriate Services Division.
  • The interim endorsement slips are recognized for official use in both English and Bahasa and serve as temporary replacements for long-term pass stickers alongside a passport for interstate and international travel.

Additional Information: The Malaysian government is also introducing a separate initiative to better manage applications within Expatriate Services Division Online. Beginning Oct. 1, the MYXpats Centre will automatically cancel any inactive applications that are not resubmitted within 90 days. Companies will receive notification emails at several stages before the cancellation occurs, but authorities will not process any refunds on the processing fees for canceled applications.

BAL Analysis: The Malaysian government intends for these initiatives to streamline immigration processes.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.