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IMPACT – HIGH
What is the change? Canada is expanding its biometrics program to foreign nationals applying for visitor visas, work or study permits (excluding U.S. nationals), permanent residence or refugee or asylum status.
What does the change mean? Beginning July 31, applicants from Europe, the Middle East and Africa will be required to provide biometrics (fingerprints and a photo) when applying for any of the visas or permits listed above. The requirement will be extended to applicants from Asia, Asia/Pacific and the Americas on Dec. 31.
Background: Canada currently only requires biometrics from select nationalities. Authorities recently announced that they will expand the collection of biometrics beginning this summer. Applicants will only be required to provide biometrics once every 10 years.
The requirement does not apply to Canadian citizens or permanent residents. Exemptions will also be available to children under the age of 14, applicants over the age of 79, visa-exempt nationals who hold a valid Electronic Travel Authorization (eTA) and are traveling as tourists, U.S. visa holders transiting through Canada, and certain high-level government officials traveling on official business.
Refugee claimants or protected persons who have already provided biometrics will not be required to resubmit biometrics when applying for a study or work permit. This rule will also apply to temporary resident applicants who have already provided biometrics as part of a permanent resident application that has not yet been decided. In-country applicants for visas, study or work permits or residence permits will temporarily be exempted from the biometrics requirement until service centers are established in Canada.
BAL Analysis: Employers should take note of the new biometrics policy and ensure their employees are aware of the new requirements when applying for visas or permits after the relevant implementation date.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2018 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.
IMPACT – MEDIUM
What is the change? The newly appointed head of the National Migration Institute has changed some immigration procedures to place greater scrutiny on work visa applications.
What does the change mean? Applicants should anticipate delays and longer processing and application-preparation times.
Background: Last month, the National Migration Institute underwent several major staffing changes, including the appointment of a new commissioner to head the agency. Authorities are scrutinizing applications and adding requirements that primarily affect applicants’ legal representatives. These include scrutinizing the representative’s signature or requiring representatives to appear in person with their original ID rather than a notarized copy.
BAL Analysis: Companies should be prepared for additional document requests and should anticipate delays and unpredictability in the coming months.
This alert has been provided by the BAL Global Practice group and our network provider located in Mexico. For additional information, please contact your BAL attorney.
The re-election of Prime Minister Viktor Orbán and his Fidesz Party’s large majority win in parliament signal that anti-immigration and Eurosceptic policies continue to hold populist appeal in parts of Europe.
Orbán ran primarily on an anti-immigrant platform, vowing to stop mass migration and blaming Brussels for requiring Hungary to accept refugee quotas. His party’s two-thirds majority in parliament means it has wide latitude to pass constitutional changes.
In a pre-election speech, Orban vowed to make “moral, political and legal amends” against his critics. Among the legislative proposals is a “stop Soros” law, in reference to Hungarian-American billionaire George Soros, that would impose a 25-percent tax on all foreign funding of organizations that assist or advocate for immigrants. It would also allow any organization to be shut down if the government deems it to be a national security risk.
BAL Analysis: As in the recent election in Italy, the successful anti-immigrant rhetoric in the Hungarian election focused mostly on refugees and there is no indication that policies toward high-skilled immigrants will be affected. However, the strong showing by Orbán does follow a global trend of populist opposition to immigration, which runs counter to the European Union’s pro-mobility policies.
This alert has been provided by the BAL Global Practice group and our network provider located in Hungary. For additional information, please contact your BAL attorney.
What is the change? Panama has eased entry requirements for foreign nationals holding Schengen visas and for Indian nationals.
What does the change mean? Indian nationals no longer require an authorized visa to enter Panama and may instead obtain a stamped visa. Foreign nationals who normally require an authorized visa or stamped visa are exempt from an entry visa if they hold a Schengen visa that is valid for multiple entries and that has been used at least once and will remain valid for at least one year as of the date of entry into Panama.
Background: The Panamanian government requires that certain nationals obtain an authorized visa from the National Immigration Service, which increases processing time. Indian nationals have now been removed from the list, but must still apply for a stamped visa at a consulate. Schengen visas have again been added to the list of visas allowing holders to be exempt from entry visas (they were removed in January 2017); others on the list include holders of visas to or residence in Australia, Canada, the United Kingdom and the United States.
BAL Analysis: Indian nationals and other restricted nationals holding Schengen visas will benefit from the eased visa policy, but should note that visas will only be granted for 30 days, extendable for up to an additional 60 days.
This alert has been provided by the BAL Global Practice group and our network provider located in Panama. For additional information, please contact your BAL attorney.
What is the change? Argentina has resumed express appointments for Mercosur nationals on a limited basis of 50 appointments per day.
What does the change mean? The resumption of some appointments ends the suspension of the express appointment service, but Mercosur nationals should still anticipate delays of approximately two months. In urgent cases, earlier appointments are available at an alternate location.
Background: The express appointment system was implemented for Mercosur nationals as an alternative to standard appointments, but Argentina’s National Immigration Office suspended the express appointment system in February due to high demand.
BAL Analysis: The availability of limited express appointments is intended to better control the high volume in Mercosur residence applications in recent months. Companies should anticipate that the limited availability of appointments will continue in the short term as immigration authorities work toward a long-term solution. Applicants seeking an urgent appointment or assistance in arranging transportation to the remote location should contact their BAL professional.
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.
U.S. Citizenship and Immigration Services announced today that the H-1B cap filing period has closed, as the number of petitions received has reached the congressionally mandated quotas for fiscal year 2019.
Petitions subject to the cap that are not selected or that are received after today will be returned with their filing fees. New H-1B visas are annually capped at 65,000 for undergraduate-degree holders with an additional 20,000 for individuals holding advanced degrees from U.S. institutions.
USCIS is required to accept H-1B cap petitions for at least five business days or until the quota is met—whichever is longer. This is the sixth consecutive year in which the H-1B cap has been reached in the first week of the filing period, triggering a random lottery process for selecting petitions that will be adjudicated. A lottery is expected to be conducted in the coming days after the agency completes initial intake of all filings.
Employers whose petitions are selected will receive receipt notices and, if approved, employees will be eligible to begin work in H-1B status beginning Oct. 1 of this year, the start of the 2019 fiscal year.
The agency will continue to accept H-1B petitions that are not subject to the quotas, as well as H-1B extension applications, changes to the terms of H-1B employment, requests to allow H-1B workers to change employers, and requests to allow H-1B workers to work concurrently in a second H-1B position.
BAL Analysis: As anticipated, H-1B petitions exceeded the cap within the first week of filing. Employers are reminded that the agency has suspended premium processing for H-1B cap-subject petitions, which is expected to last until September, and receipt notices are likely to be delayed. BAL will continue to update clients as selection and processing progress.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
What is the change? The Australian Government has established new labour market testing guidelines for the Temporary Skill Shortage (Subclass 482) visa programme.
What does the change mean? Under the guidelines, employers will be required to advertise job openings for a least 21 consecutive days before lodging nomination applications. Nomination applications must be accompanied by evidence of a labour market test as well as information about cutbacks or redundancies of Australian workers. Exemptions may apply under international trade obligations, but will not generally be available based on the skill level of the nominated occupation.
Background: The TSS visas replaced the Subclass 457 visas on 18 March. In its recent Skilled Visa newsletter, the Department of Home Affairs provided information about labour market testing requirements for the new visa programme.
Under the guidelines, sponsors must be able to show that a suitably qualified Australian worker is not available for the nominated position. Evidence that will show that this criteria has been met includes (1) advertising the position in Australia; (2) advertising the position in English; (3) providing adequate information about the job, the employer (or recruitment agency) and the pay; and (4) advertising the position for at least 21 days. At least two advertisements must be published on a national recruitment website, in national print media, on national radio, internally to the business (for intra-company transfers) or on the business’s website (if the sponsor is accredited). The Department stated that advertising through general classifieds sites or solely through social media will no longer be accepted methods. Additional information on what sites will no longer be sufficient for labour market testing purposes is available in this Government newsletter.
Labour marketing testing must be completed within six months of the date on which a nomination is lodged, unless the nomination is lodged before 18 June, in which case it must have been completed in the previous 12 months. Sponsors must provide copies of the advertisement and receipts for advertising fees when lodging nominations.
While sponsors are encouraged to meet the new criteria as soon as possible, transitional arrangements may be available for sponsors who conducted a labour market test before 18 March. In these cases, sponsors will not generally be required to duplicate labour market testing requirements provided they made a genuine effort to recruit Australian workers under previous guidelines.
While exemptions will not be available based on skill level, they may be available under international trade obligations. Additionally, alternative evidence of a labour market test may be accepted in cases involving intra-company transfers, a distinguished talent scenario or where a nomination is lodged because of the change of business structure.
BAL Analysis: Sponsors should be sure to update their labour market testing procedures to make sure they are in line with the new guidelines. Failure to do so may result in delays or having nominations rejected. BAL is available to assist clients in determining how to advertise positions in order to meet the new criteria and in determining whether an exemption is available or if alternative forms of evidence will be accepted.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com
MARN: 0534021
What is the change? New regulations have been issued that make several changes to work-permit procedures.
What does the change mean? The regulations generally provide more flexibility for companies and foreign workers. These include measures to provide options for urgent assignments, allow certain foreign workers to work for more than one employer, exempt certain foreign workers from the Foreign Worker Placement Plan requirements and extend the duration of some limited stay permits. A new requirement has been added that companies must issue a certificate to Indonesian workers as proof of the transfer of knowledge from a foreign worker to the Indonesian counterpart, although it is unclear whether it only applies for extensions of long-term work Permits.
Key changes:
BAL Analysis: The regulations provide for important changes that companies should prepare for in the coming months. BAL is following the new regulations and will update clients when implementation details are released by the Ministry of Manpower and immigration authorities.
This alert has been provided by the BAL Global Practice group and our network provider located in Indonesia. For additional information, please contact your BAL attorney.
What is the change? Ukraine is now accepting applications for its new e-visa program, allowing nationals of 46 countries to apply for e-visas for travel of up to 30 days for business or tourism.
What does the change mean? Nationals of 46 countries, including Australia, Indonesia, Mexico, Saudi Arabia and Singapore may now apply for e-visas at the Ministry of Foreign Affairs’ website here.
Background: Ukrainian officials announced the creation of an e-visa program in 2017, but implementation was delayed. E-visa procedures have now been put in place and officials have begun accepting applications. Under current policies, nationals of the following countries are eligible for e-visas:
Ukraine waives visa requirements altogether for nationals of roughly 60 countries, including Brazil, Canada, Russia, Switzerland, Turkey, the United States, the United Arab Emirates and European Union member states. Those eligible for visa-free travel are eligible to stay in Ukraine for business or tourism for up to 90 days in a 180-day period.
BAL Analysis: The e-visa program eases travel procedures to Ukraine for nationals of 46 countries. Travelers should note, however, that while the visas will be available for tourism or business, employment activities are prohibited on e-visas.
This alert has been provided by the BAL Global Practice group and our network provider located in Ukraine. For additional information, please contact your BAL attorney.
What is the change? Visa applicants at the German Consulate in Bangalore are experiencing delays due to an increased number of visa applications.
What does the change mean? The German Consulate alerted applicants that wait times for visa appointments at the consulate could exceed four weeks. Currently, visa appointments appear to be booked through June. Visa applicants at the consulate should expect delays and plan accordingly.
BAL Analysis: Those in need of visa services should expect delays as described above. Applicants are encouraged to plan their travel well in advance to accommodate the extended wait times.