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IMPACT – LOW
What is the change? Effective immediately, Haitian nationals traveling to Argentina will be required to obtain a tourist visa at an Argentinian consulate before travel, according to a Ministry of Interior resolution issued today.
What does the change mean? Haitian nationals will no longer be eligible for visas on arrival.
BAL Analysis: Haitian nationals traveling to Argentina should factor in the additional time required to obtain a tourist visa. Business travelers are reminded that they are still required to apply for a business visa before travel.
This alert has been provided by the BAL Global Practice group and our network provider located in Argentina. For additional information, please contact your BAL attorney.
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The Department of Homeland Security is moving forward with plans to rescind the H-4 work authorization regulation and a proposed rule is undergoing final clearance with the agency, according to a status update DHS provided to a federal court Monday.
DHS attorneys said in the court filing that the agency’s intention to rescind the H-4 regulation “remains unchanged” and that final DHS review of a proposed rescission rule is ongoing with senior DHS leadership “actively considering” the rule for approval. Separately, in recent remarks to the Center for Immigration Studies on Aug. 15, U.S. Citizenship and Immigration Services Director L. Francis Cissna stated that the proposed rule is in the works but is competing against other regulatory priorities.
What the update means:
Background: The current H-4 regulation, which was promulgated in 2015 under the Obama administration, allows spouses of certain H-1B workers with pending green card applications to apply for an EAD. An estimated 71,000 H-4 spouses have benefited from the regulation and the anticipated rescission rule is being closely watched.
DHS stated its intention as early as December 2017 to rescind the H-4 regulation, both in its semiannual regulatory agenda and in court filings in a lawsuit that challenges the current regulation as unlawful. The court has held the lawsuit in abeyance based on DHS’ assertion that it is planning to rescind the current regulation. DHS originally planned to release a proposed rescission rule in February, but notified the court that it needed to revise its economic impact assessment and expected to release the rule in June. The agency did not provide an estimated timeline in its latest status report to the court.
BAL Analysis: The DHS update indicates that a proposed rule is nearing approval by the agency and will soon move to the next stage of review. Meanwhile, the H-4 regulation remains in place, meaning that eligible individuals may continue to apply for EADs and renew their current documents until a final regulation becomes effective, after a process that will likely take several months. In the meantime, employers and employees may wish to discuss alternative options for H-4 dependents. Companies and families affected by the anticipated repeal of the H-4 regulation are encouraged to submit comments to DHS during the notice and comment period that will begin when the proposed rule is published. BAL is following these developments and will report when the proposed rule is published.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
What is the change? Zambia and Angola have implemented a visa-free travel agreement.
What does the change mean? Zambian and Angolan nationals will be able to visit each other’s countries without first obtaining a visa. The arrangement allows tourists to stay in each country for up to 90 days in a 12-month period and allows business visitors to stay in each country for up to 30 days in a 12-month period.
Background: As BAL reported in May, the agreement was announced during Angolan President Joao Lourenco’s state visit to Zambia this spring. The two countries also announced several other agreements at that time to strengthen trade and development.
BAL Analysis: The visa waiver will significantly ease travel between Zambia and Angola for frequent travelers, including business visitors. Those with questions about what activities are permitted on the visa waiver should contact BAL.
This alert has been provided by the BAL Global Practice group in Mozambique. For additional information, please contact africa@bal.com.
IMPACT – HIGH
What is the change? The Ministry of Manpower has set a Sept. 1 deadline for all companies to switch to Singapore Corporate Access, or CorpPass, when using Employment Pass Online or conducting other business transactions with the government. CorpPass will replace the SingPass login.
What does the change mean? Companies that are still using SingPass should register a CorpPass account as soon as possible. MOM is urging companies to register with CorpPass as part of the authorities’ drive to protect both personal and business information.
Background: MOM launched the use of CorpPass for companies using Employment Pass Online last year. The ministry initially said that CorpPass would become mandatory for companies using Employment Pass Online in December of last year, but the deadline was subsequently extended until the third quarter of this year.
BAL Analysis: Companies that have not created a CorpPass account should do so as soon as possible.
This alert has been provided by the BAL Global Practice group in Singapore. For additional information, please contact singapore@bal.com.
IMPACT – MEDIUM
What is the change? The Board of Investment has launched a new Single Window System for companies to apply for digital work permits.
What does the change mean? The digital work permit system is mandatory for BOI companies filing in Bangkok through the One Start One Stop (OSOS) center. Applicants in other provinces will continue to use paper filing systems, except Bangkok, Changmai and Phuket.
Background: The BOI announced plans for the Single Window System last September with the goal of implementing it nationwide by October of this year. The BOI’s E-Expert system was shut down during the last week of July to prepare for the introduction of the new system. Applicants may now file visa and work permit applications online and, if successful, will be issued a digital work permit instead of a paper booklet. Employees must use a smartphone to download their work permit, and changes will be automatically updated. Current work permit holders are not required to update to a digital work permit until they need to renew.
BAL Analysis: The Single Window System is expected to eventually streamline procedures for BOI companies by eliminating paper filings and providing electronic issuance and notification of long-term visa and work permit decisions. BAL will continue to report changes to the system as it is rolled out nationwide.
This alert has been provided by the BAL Global Practice group and our network provider located in Thailand. For additional information, please contact your BAL attorney.
What is the change? The Czech government has stopped issuing long-term residence permits and D visas to Vietnamese nationals.
What does the change mean? Vietnamese nationals will not be able to obtain long-term work visas or D visas until further notice.
Background: The restrictions were put in place in July and remain in effect on an indefinite basis. Authorities have not provided information about why the restrictions were put in place or when they will be lifted.
BAL Analysis: BAL will continue to follow developments in the Czech Republic and will update clients on any significant changes.
This alert has been provided by the BAL Global Practice group and our network provider located in the Czech Republic. For additional information, please contact your BAL attorney.
The U.S. Embassy in Nigeria will reopen this Friday after a 10-day closure and resume services for visa applicants and American citizens. The embassy closed last week for undisclosed reasons and applicants were temporarily redirected to the U.S. Consulate in Lagos.
According to a new announcement posted Monday on the U.S. Embassy’s website:
BAL Analysis: The reopening of the embassy will relieve visa applicants from having to travel to Lagos; those with urgent travel needs may contact the U.S. Consulate in Lagos, whose operations were not affected by the closure. However, applicants should note that the Consulate will be closed for the Eid al-Kabir (Eid al-Adha) holiday Tuesday and Wednesday this week, and will reopen Thursday.
U.S. Citizenship and Immigration Services (USCIS) announced today that it has updated its website to indicate that STEM OPT F-1 students are now permitted to engage in training programs that take place at a third-party worksite, such as a client site, as long as all training obligations and requirements are met. The update removes language that the agency had previously added to its website without notice stating that STEM OPT students were prohibited from being placed at client sites.
Key points:
Background: Earlier this year, USCIS quietly updated its website to explicitly prohibit employers from placing STEM OPT students at third-party worksites. However, the STEM OPT regulation did not prohibit third-party placements as long as the employer could prove that it retained the required control and supervision over the student. The change in policy was not officially promulgated or announced, and USCIS did not issue guidance on the new prohibition.
The update caused uncertainty for employers and students, particularly in light of a separate USCIS policy change that altered how “unlawful presence” is calculated for foreign students and exchange visitors. In July, a trade association for IT staffing companies filed a federal lawsuit alleging that the government violated the Administrative Procedure Act by implementing the third-party placement policy without going through the formal notice-and-comment rulemaking process.
BAL Analysis: The USCIS announcement allows employers to place STEM OPT students at offsite locations and provides greater clarity to employers after months of uncertainty. Before placing a student at a third-party worksite, employers should consult with counsel and be prepared to demonstrate that the student is and will remain their bona fide employee and have practices in place to meet all compliance and reporting obligations under the STEM OPT regulations. The student and employer must report all material changes to the designated school official (DSO) as soon as possible; the employer must report a student’s termination or departure within five business days; and the student must report certain changes, such as changes to the employer’s name and address, within 10 business days.
What is the change? The Colombian government has issued a resolution (Decree 1288) that allows Venezuelan nationals who registered in the recent census to obtain special stay permits, or PEPs. The resolution also eases the validation process for higher education degrees from Venezuela.
What does the change mean? Although the PEP is not a visa, it gives Venezuelans a valid ID and temporary permission to remain in Colombia and work or study as well as access health and social security benefits.
Background: Colombia introduced a legalization program for Venezuelan nationals in August 2017 and extended it in February. The PEP is a valid ID for Venezuelan nationals, but it is not a visa and does not shorten the eligibility period to apply for a residence or migrant visa. Additionally, the PEP can be revoked if the holder remains outside Colombia for more than 90 days or violates immigration regulations.
The eased process for validating educational degrees will facilitate certain applications; although degree validation is not required for work visas, it is requested for visa applications for independent professionals and it is mandatory for individuals seeking to work in a regulated occupation (regardless of immigration status).
BAL Analysis: The extension of PEPs to Venezuelans who registered in the Colombian national census will benefit additional Venezuelan nationals unable to return to their home country due to the ongoing political and economic crisis there. The easing of validation requirements will benefit Venezuelans seeking to work as independent professionals or in regulated professions in Colombia.
This alert has been provided by the BAL Global Practice group and our network provider located in Colombia. For additional information, please contact your BAL attorney.
What is the change? The United Arab Emirates has opened a three-month amnesty period for foreign nationals who have overstayed their visas or are otherwise in the country illegally.
What does the change mean? Those who are seeking amnesty can either leave the country or regularize their status between now and Oct. 31. Those who choose to leave will be given exit permits valid for 10 days and will not be assessed fines. Those who wish to regularize their status will be eligible for six-month visas that will allow them to remain in the UAE and look for work. Former residents can also take advantage of the program and apply for visas during the amnesty period even if they were assessed an entry ban for previous immigration violations.
Background: The amnesty period, opened by officials Aug. 1, has already proved popular. Those who take advantage of the amnesty period to leave the UAE will have any fines against them waived, but will be assessed a two-year entry ban. Those who remain in the UAE after regularizing their status will be eligible for six-month visas that will allow them to look for work and register on the Ministry of Human Resources and Emiratization’s portal, although there is no guarantee that a job will be provided. Amnesty tents have been set up in Dubai and Abu Dhabi, and foreign nationals in other emirates can take advantage of the program by visiting their emirate’s main immigration office.
BAL Analysis: The amnesty could potentially allow tens of thousands of foreign nationals to regularize their status, obtain six-month visas and look for work. It also exempts foreign nationals from overstay fines or previously assessed entry bans. Companies or individuals with questions about how the amnesty program works should contact BAL.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.