Search
Contact
Login
Share this article
IMPACT – HIGH
The U.K. Home Office has issued guidance for foreign nationals currently in the U.K. who cannot return to China because of the coronavirus outbreak. The guidance covers extensions for expiring visas, status letters, government helplines, as well as absences for sponsored students/employees and British nationals in China.
Key Points:
Analysis & Comments: The guidance indicates the U.K. government’s flexibility regarding Chinese and other foreign nationals whose ability to return to China is affected by coronavirus-related delays and restrictions. Employers and sponsors are urged to review guidance updates from Public Health England and must be prepared to be flexible with employee schedules and start dates for employees who are affected by travel restrictions and quarantines. Please contact your Deloitte professional if you would like to discuss any specific cases that may be impacted by coronavirus.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020.
U.S. Citizenship and Immigration Services has announced that in March it will follow the State Department’s Dates for Filing chart employment-based adjustment-of-status applications. The chart was published yesterday in the March Visa Bulletin.
Dates for Filing for Employment-Based Preference Cases:
Additional notes: The State Department’s Charlie Oppenheim had predicted that Final Action Dates would be used at least for EB-3 Worldwide and EB-3 Other Workers Worldwide starting in March. USCIS’s announcement, however, confirmed that the Dates for Filing chart will be used for all categories. Family-based immigrants will also use the Dates for Filing chart applicable to family-sponsored immigrants; this chart was also published in the March Visa Bulletin.
BAL Analysis: March will mark the sixth straight month that USCIS will use the Dates for Filing chart. This is good news for a number of employment-based immigrants, because Dates for Filing are generally more progressive than Final Action Dates. Because Vietnam is not included on the Dates for Filing chart, adjustment of status applicants from Vietnam should use the dates listed under “All Other Countries.”
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2020 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 Philippines has lifted a ban on travel to Hong Kong and Macau for Overseas Filipino Workers, students, and permanent residents.
Analysis & Comments: The change will allow a host of Overseas Filipino Workers, students, and permanent residents to return to Hong Kong and Macau after being unable to travel because of the coronavirus outbreak. Entry bans remain in effect for travelers from mainland China, Hong Kong, and Macau, though officials are moving to provide a greater number of exemptions.
What is the change? In response to the international coronavirus outbreak, the Minister of Home Affairs released a policy document Monday that provides temporary concessions for Chinese nationals in the country.
What does the change mean? Chinese nationals holding visitor’s visas, intracompany transfer work visas, or temporary residence visas that are soon to expire may be eligible to apply for a visa to remain in the country.
Background: Since the outbreak of the coronavirus in December, many countries have imposed travel restrictions on Chinese nationals and many airlines have canceled flights to China, stranding travelers worldwide. All inbound travelers from China to South Africa will be thermal screened on arrival. If the thermal screening or medical questionnaire raise any red flags, on-site medical personnel will perform a further exam. If the exam indicates the individual remains a concern, the individual is taken to the nearest hospital for further testing and treatment.
Chinese nationals already in South Africa with the following visas may apply for concessions:
Analysis & Comments: Companies with Chinese national employees who are eligible under the concessions should apply for visas or renewals as soon as possible. Employers and employees should also be aware of the procedures for all inbound travelers from China to South Africa.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? Singapore will reduce the ratio of foreign workers in the construction, marine shipyard and process sectors in a two-step process beginning in 2021, according to the new budget.
What does the change mean? Beginning Jan. 1, 2021, companies in the construction, marine shipyard and process industries will only be permitted to employ S Pass holders as 18% of their total workforce, and the cap will drop again to 15% on Jan. 1, 2023. The current permissible percentage is 20% for these industries. For companies in the manufacturing industry, the ratio for S Passes will be reviewed at a later date because of economic uncertainty.
Background: The allowable percentage of foreign workers to Singaporean workers is referred to as the Dependency Ratio Ceiling (DRC), and S Passes are a sub category of the overall DRC. The government has observed an increase in the number of S Pass holders in the construction, manufacturing, marine shipyard and process sectors, and these numbers are expected to increase further over the next several years. Nevertheless, S Pass holder growth must be sustainable. The government is already working closely with enterprises to grow local manpower, including mid-career workers. The manufacturing industry will be reviewed in the future and may undergo similar sub-DRC reductions.
The following chart shows the changes to the DRC and sub-DRC in all sectors in the coming years.
Analysis & Comments: Following last year’s announcement during the budget on cutting dependency on the DRC and S Pass sub-DRC thresholds in the services sector, this announcement on tightening the foreign workforce quota in three additional sectors comes as no surprise. The reduction in the sub-DRC is aimed at encouraging employers in the construction, marine shipyard and process sectors to enhance their Singaporean workforce by hiring and training more Singaporean workers and transferring skills from their foreign employees to the local workforce.
What is the change? The Home Office has unveiled its plans for a new points-based immigration system that will take effect Jan. 1, 2021. This will coincide with the end of free movement from the European Union.
What does the change mean? The single system will apply to non-EU and EU nationals (with the exception of Irish passport holders who may continue to live, study and work in the U.K. without the requirement of obtaining a visa) and require that those coming to work in the U.K. have a job offer and meet income thresholds as well as a points threshold under the points system. There will no longer be a route for low-skilled foreign workers.
Key features:
Analysis & Comments: The plan adopts many of the Migration Advisory Committee’s recommendations and provides a blueprint for U.K. companies to begin planning for recruitment and talent acquisition and retention when free movement ends on Dec. 31. Employers are reminded that under the transition period, EU citizens who are living in the U.K. as of the end of 2020 may apply under the EU Settlement Scheme until June 30, 2021.
What is the change? Ireland’s visa application centers in China remain closed until further notice.
What does the change mean? Visa-required nationals applying for an Irish entry visa will not be able to complete application requirements in China.
Background: Ireland originally stated that visa application centers in China would be temporarily closed until Feb. 16. The continued closure of the centers reflects the seriousness of the ongoing coronavirus situation.
Analysis & Comments: While it will still be possible to apply for an Irish visa online in the normal manner, the continued closures mean that appointments for applicants to have their biometrics taken or submit their documents at a visa application center in China will be delayed. Existing appointments may also have to be rescheduled, in which case, VFS will contact applicants directly. The response to the coronavirus continues to evolve, and Deloitte will alert clients to additional changes or restrictions as information becomes available.
Israel has mandated 14 days of home quarantine for anyone traveling to the country from Hong Kong, Macau, Thailand or Singapore. The change follows even stricter measures that were put in place for travelers from mainland China earlier this month. Israeli authorities continue to warn against nonessential travel to China and other countries in the region, as officials look to stop the spread of coronavirus.
Background: Jurisdictions across the globe are implementing entry bans and other immigration restrictions in order to guard against the spread of coronavirus. Earlier this month, Israeli Prime Minister Benjamin Netanyahu announced that Israel had “closed land crossings, seaports and airports to arrivals from China.” Israeli nationals and permanent residents were permitted to return to the country from mainland China, but were subjected to home quarantine. The addition of new locations came after an increase in the number of coronavirus cases in areas near China.
Analysis & Comments: Those planning travel between Israel and China, Hong Kong, Japan, Macau, Singapore, South Korea or Thailand are urged to reconsider their plans. Employers must be prepared to be flexible with employee schedules and start dates for employees who are affected by travel restrictions. The response to the coronavirus is evolving rapidly, and Deloitte will alert clients to additional changes or restrictions as information becomes available.
The Department of Homeland Security will implement its public charge rule Feb. 24. The rule makes applicants for permanent residence and changes or extensions of status within the U.S. subject to significantly greater scrutiny regarding their use or potential use of public benefits.
Key points:
Background: DHS published a public charge rule last year that was supposed to take effect in October, but several courts enjoined implementation temporarily while the lawsuits progressed. Last month, the Supreme Court lifted the injunctions, except for a state-wide injunction in Illinois, allowing DHS to implement the rule during litigation. DHS announced earlier this month that the rule will take effect Feb. 24. The Supreme Court did not rule on the legality of the public charge regulation, and the lawsuits challenging it will continue to progress.
The State Department is currently seeking emergency approval of a new questionnaire that will allow it to implement its own version of the public charge rule, which will apply to visa applicants applying at U.S. consulates overseas. That rule would require visa applicants outside the U.S. to complete a lengthy visa questionnaire about their finances and other factors. The State Department is hoping to get approval from the Office of Management and Budget in time to implement the rule in concert with DHS on Feb. 24, but the questionnaire has not yet been approved.
Priority-date cutoffs will retrogress in all EB-3 categories except for India and China, according to the Final Action Dates published Tuesday in the State Department’s March Visa Bulletin. Date cutoffs in other categories will see modest advancement.
Key movements in the March Visa Bulletin:
EB-1
EB-2
EB-3
Final Action Dates for Employment-Based Preference Cases:
The State Department also released its Dates for Filing chart for March. Applicants seeking to file for adjustment of status are reminded that the chart does not take effect unless U.S. Citizenship and Immigration Services confirms that it does via a web posting in the coming days. BAL will update clients once officials confirm whether the chart can be used. The State Department’s Charlie Oppenheim has indicated that Final Action Dates will likely be used on the EB-3 Worldwide and EB-3 Other Workers Worldwide starting in March.
Additional notes: The EB-3 categories retrogressed after the February Visa Bulletin predicted they would unless there was “a sudden and dramatic decrease” in demand. This month’s bulletin says that the Jan. 1, 2017 cutoff date was imposed in order to keep the number of visas within the maximum allowed for the current fiscal year. The bulletin said that, “No forward movement of this date is expected in the foreseeable future.”