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IMPACT – HIGH
What is the change? Nigerian President Muhammadu Buhari has issued an executive order requiring that Nigerian companies be given preference for awards of public contracts in science, engineering and technology and prohibiting the issuance of work permits to foreign workers whose skills are readily available in Nigeria.
What does the change mean? Companies intending to employ foreign labor and apply for expatriate quotas in the fields of science, engineering and technology should anticipate greater scrutiny of their applications. They should also expect stricter enforcement of existing requirements that they train local understudies to eventually replace expatriate workers.
Background: The executive order calls for the promotion of local Nigerian content in the science, engineering and technology industries and directs all procuring authorities to give preference to Nigerian companies and firms in the award of contracts. The order also prohibits the Nigerian Ministry of Interior from issuing work permits to foreign workers if their skills are available in the local workforce.
The president also ordered that government agencies hire local professionals for the planning, design and execution of any national security projects and that foreign professionals should only be considered “where it is certified that such expertise is not available in Nigeria.”
The Nigerian Immigration Service has confirmed that it is committed to enforcing the order immediately.
BAL Analysis: Companies intending to hire foreign employees in science, technology and engineering should anticipate greater scrutiny when applying for expatriate quotas and plan for stricter enforcement in hiring and training Nigerian employees as understudies to take over the positions occupied by foreign workers.
This alert has been provided by the BAL Global Practice group and our network provider located in Nigeria. For additional information, please contact africa@bal.com.
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IMPACT – MEDIUM
What is the change? United Arab Emirates authorities have provided additional information about the country’s certificate of good conduct requirement, which officially took effect Sunday.
What does the change mean? Effective immediately, certificates of good conduct (police clearance certificates) will be required for all new work and mission visa applications, whether the applicant is in country or out of the country.
The certificates will not be required for applications seeking transfer of sponsorship (provided the processing time does not exceed three months), renewals of work and missions visas, dependent visas (including renewals), tourist/business visas, non-sponsored ID cards or changes of title.
In general, certificates of good conduct will be required from applicants’ home country (based on their passport) unless they have resided in another country for the past five years, in which case they will be required to provide a certificate of good conduct from their country of last residence. Applicants will not be required to provide more than one certificate of good conduct, subject to the discretion of UAE authorities.
Background: Authorities announced the new requirement in January, saying it was being taken as a security measure. The official implementation date was announced as Feb. 4, though in some cases authorities began requesting certificates of good conduct before that date. This may indicate that cases that have already been submitted, but not yet finalized, may be subject to the requirement as well.
BAL Analysis: The requirement of the certificates of good conduct will increase end-to-end application times for a number of visa applicants; however, the clarification that the requirement will not apply to a number of applications, including visa renewals, is welcome news. The additional clarification that officials will not request more than one certificate of good conduct in most cases is also welcome news. Those with questions about the requirement, including dual nationals and others unsure of which country they need police clearance from, should contact BAL for assistance.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
What is the change? For overstaying her visa by one day, celebrity British stylist Sophia Hesketh has been put on South Africa’s list of “undesirable persons” and is barred from entering the country for the next 12 months unless she obtains a waiver from the Director-General of the South African Department of Home Affairs.
What does the change mean? Travelers are reminded that South Africa is serious about enforcing entry bans under the Immigration Act with all travelers, even high-profile and frequent visitors to South Africa.
Background: Hesketh, a British socialite and daughter of U.K. politician, baron and Grand Prix team owner Alexander Hesketh, was reportedly in Western Cape for a photo shoot but overstayed her visa by one day. Upon preparing to leave from the Cape Town airport, she was stopped, put on the list of “undesirable persons” and banned from the country for one year.
This is not the first case in which South African authorities have made an example of a celebrity who violated immigration regulations. In 2016, American hip-hop artist Mos Def was detained in Cape Town when he attempted to leave the country using a “world passport,” which South Africa does not recognize. South African prosecutors also sought to bring criminal charges against the musician, but dropped them after he apologized and agreed to leave the country on a U.S. passport. The government still barred him from re-entering the country unless he secures a waiver of inadmissibility.
BAL Analysis: Travelers to South Africa are reminded that provisions of the Immigration Act, including re-entry bars for individuals declared “undesirable persons,” are in effect and will be strictly enforced.
This alert has been provided by the BAL South Africa office. For additional information, please contact africa@bal.com.
Canada conducted its third Express Entry draw of the year Wednesday, issuing 3,000 invitations to apply for permanent residency. The lowest qualifying Comprehensive Ranking System score was 442.
The number of invitations was up from 2,750 in the previous five draws. The lowest qualifying score was down two points from 444 in the last draw.
Wednesday’s draw was the seventh since Canada instituted a new tiebreaking rule, where candidates with the same Comprehensive Ranking System score are ranked by the order in which their profiles were submitted.
BAL Analysis: Canada is continuing to accept a high number of individuals for permanent residency in 2018. The country issued more Express Entry invitations in 2017 than in the previous two years combined, and has announced plans to accept a total of roughly 1 million immigrants in the next three years.
The Labor Department has posted processing times current as of Jan. 31 for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM processing: Applications filed in August and earlier are now being adjudicated, according to the department. Audit reviews are being conducted on applications filed in June and earlier, and appeals filed in December and earlier are being reviewed for reconsideration.
Average PERM processing times in January:
PWD processing: The National Prevailing Wage Center is currently processing requests filed in November and earlier for both H-1B and PERM cases. Redeterminations are being considered on appeals filed in December and earlier for H-1B and PERM cases. Center director reviews are being conducted on appeals filed in December for PERM cases. The department reported that it had no center director reviews pending for H-1B cases as of Jan. 31.
Average times for issuance of prevailing wage determinations in January:
The Labor Department reports PERM and PWD processing timeframes on its iCERT page.
BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department processing times. BAL is seeing approvals for PERM applications filed in early September and is awaiting PWDs for requests filed in November and earlier.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
President Donald Trump signed a national security memorandum Tuesday to establish a National Vetting Center. The center will be charged with developing more comprehensive vetting standards for those looking to immigrate or travel to the United States. Trump’s memo gave the Department of Homeland Security (DHS) six months to develop an implementation plan to make the vetting center operational.
Key Points:
BAL Analysis: Tuesday’s announcement focused solely on the creation of a new, centralized center for security screening and no mention was made of any changes to screening standards or criteria. It is too early to know whether the creation of the center will lead to lengthier screening processes for visa applicants or others traveling to the United States. More will be known about what impact the center may have once DHS puts together its implementation plan, which it will be required to do in the next six months. BAL will alert clients once additional information about how the center will operate becomes available.
Two new digital features introduced by U.S. Customs and Border Protection are intended to encourage compliance by foreign nationals traveling to the U.S. on the Visa Waiver Program and prevent them from overstaying.
Key points:
Background: The Visa Waiver Program allows nationals of 38 participating countries to travel to the U.S. for up to 90 days for business or tourism without needing to obtain a visa at a U.S. Consulate before travel. Travelers must register and obtain an Electronic System Travel Authorization (ESTA) before boarding a flight.
BAL Analysis: Individuals traveling to the U.S. on the Visa Waiver Program may use the date-calculation tool on the I-94 website and should expect to receive a reminder email 10 days before their lawful stay will expire. U.S. CBP is also warning travelers to watch out for phishing or other email scams from senders other than the official email address.
What is the change? The Thai government is introducing a SMART visa for foreign experts, executives, entrepreneurs and investors in 10 “S Curve” industries.
What does the change mean? Among the benefits, SMART visa holders will be exempt from having to apply for work permits, and their spouses and children are eligible for resident permits during the length of the primary visa holder’s stay.
Background: There are four categories of SMART Visas. Applicants must work in one of the following 10 targeted industries and meet the qualification for their category.
BAL Analysis: The SMART visa program is a positive development aimed at attracting science and technology experts by providing work-permit exemptions for qualifying senior executives, highly skilled talents, investors and start-ups. BAL is following this development and will report additional information when the guidelines are available.
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 Department of Home Affairs has again extended the deadline for submitting payment, biometrics and required documentation to support Zimbabwean Exemption Permit applications.
What does the change mean? Applicants who have already completed an online portion of the application now have until Feb. 15 to provide payment, biometrics and the required supporting documentation at one of the 10 Visa Application Centres in South Africa. The window to complete the online portion of the application has closed. Zimbabwean Exemption Permits were introduced in 2017 to replace Zimbabwean Special Permits.
Background: The Department of Home Affairs announced in September that Zimbabwean Exemption Permits would replace Zimbabwean Special Permits. The permits will allow qualifying Zimbabweans to work, study or conduct business in South Africa for up to four years. The application period opened Sept. 15 and DHA said it had received 176,605 completed applications as of Jan. 29. The DHA has now extended the deadline for submitting payment, biometrics and required documentation to Feb. 15.
BAL Analysis: The extension will ease application procedures for Zimbabweans hoping to convert their Zimbabwean Special Permits and remain in South Africa. While the program will provide authorization to work, study or conduct business in South Africa for an additional four years, however, authorities made it clear that newly issued permits will not be extendable and will not be accepted as the basis to apply for permanent residency.
What is the change? The U.K. government plans to double the immigration healthcare surcharge for visa applicants from £200 to £400 per person, per year (and from £150 to £300 per person, per year for students and Youth Mobility Scheme applicants).
What does the change mean? The change will affect new applicants after the implementation date, which has not been announced.
Background: The decision comes as the U.K. government faces mounting public protests demanding greater government funding to save the National Health Service. The healthcare surcharge was introduced in 2015 for all non-EEA nationals coming to the U.K. to work, study or join family for a duration longer than six months. The government has determined that the increase is needed to cover the actual costs of treating the non-EEA population.
BAL Analysis: The doubling of the healthcare surcharge represents a significant increase that employers and individuals should budget for starting this year. BAL will report when the implementation date is announced.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.