IMPACT – MEDIUM

What is the change? Companies in Gambia whose foreign workers make up more than 20 percent of their workforce must file an annual report by the end of the year detailing the job roles of their foreign employees.

What does the change mean? Companies are reminded to complete the filing with the Gambian Immigration Department as soon as possible and no later than the Jan. 1 deadline.

  • Implementation time frame: Now until Jan. 1.
  • Visas/permits affected: Annual reporting.
  • Who is affected: Companies with more than 20 percent foreign employees.
  • Business impact: The filing is an annual requirement to help authorities track companies that rely on foreign workers and make sure they are in compliance with all laws and regulations.
  • Next steps: Companies must fill out a prescribed form available at the Immigration Department. No other documents are required.

Background: The annual reporting requirement is meant to ensure that companies are compliant with rules regarding foreign-to-Gambian employee ratios. Companies are not permitted to employ foreigners in more than 20 percent of their workforce, except where the foreign employee occupies a specialized professional role. The annual reporting of foreign workers enables immigration authorities to monitor compliance, as well as to ensure that employers are giving priority to qualified Gambians over foreign nationals when hiring and to ensure that employers are paying the payroll tax applicable to each foreign employee.

BAL Analysis: Companies required to file the reports are encouraged to do so before the Christmas and end-of-year rush, when many government offices close for significant periods of time.

This alert has been provided by the BAL Global Practice group and our network provider located in Gambia. For additional information, please contact your BAL attorney.

Copyright © 2017 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 – HIGH

What is the change? In an unannounced change, the Ministry of Manpower has added several significant new questions to the Employment Pass online application form that must be answered by companies sponsoring foreign workers.

What does the change mean? The questions seek details about the company’s efforts to hire Singaporean candidates for the job, how many Singapore citizens, permanent residents and foreign nationals applied for the job, how far each candidate got in the hiring process, and up to three reasons why the company decided not to hire a local candidate.

  • Implementation time frame: Immediate.
  • Visas/permits affected: Employment Passes.
  • Who is affected: Singaporean companies applying for Employment Passes.
  • Business impact: Companies will need to revamp their hiring practices, track each job candidate through each stage of the recruitment process and be prepared to document the numbers of candidates as well as the reasons for hiring foreigners over local workers.
  • Next steps: The new questions may delay Employment Pass applications that are currently being prepared but have not yet been filed, as those companies will need to gather additional information about their recruitment process and try to account for each candidate that applied for the job. Employers will need to implement procedures to track the necessary information about their hiring and recruitment process.

Background: The new questions were noticed on the Employment Pass Online application Friday, Nov. 10. Employers must now answer the following additional questions under Section F – Job Advertisement Information:

  • Has your firm searched for candidates for this job using recruitment methods and channels (other than Jobs Bank)?
  • Which recruitment methods and channels did your firm use? Choose from the following: job advertising websites, newspapers, trade publications/magazines, employment agencies, personal networks of existing employees, the company’s talent pool, or other.
  • Provide the number of Singapore citizens, permanent residents and foreigners who (a) applied for this job, (b) were interviewed for this job, (c) were offered this job, and (d) were hired for this job.
  • Our firm has considered local candidates fairly and is applying for this Employment Pass because local candidates (choose up to three of the following): lacked technical skills/expertise, lacked “soft” skills such as communication or leadership, lacked relevant industry or target market experience, lacked good qualifications, had salary expectations that our company could not meet, turned down our offer, did not show up for the interview, or insufficient candidates applied or showed up for the interview to fill the number of available vacancies.
  • How did your firm recruit this Employment Pass candidate? (choose one): local job websites, foreign job websites, newspapers, trade publications/magazines, local employment agencies, foreign employment agencies, personal networks of existing local employees, personal networks of existing foreign employees, your firm’s talent pool/portal, or other.

BAL Analysis: The changes will have a major impact on how companies manage their recruitment and hiring practices, as they will need to more carefully track and document their recruitment methods, as well as the immigration status of each job applicant and his or her progress through each stage of the recruitment process.

The new questions signal that the Ministry of Manpower is serious about protecting the local workforce and moving toward stricter labor market testing in line with other countries’ practices. The changes are also consistent with recent changes to the National Jobs Bank, which now closely tracks whether employers have reviewed and considered all applications that are submitted in response to a job advertisement.

This alert has been provided by the BAL Global Practice group in Singapore. For additional information, please contact singapore@bal.com.

Copyright © 2017 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? Venezuela has developed a process that allows passport holders to extend their passport validity by two years.

What does the change mean? Venezuelan nationals living in or outside of the country may apply for two-year passport extensions if they hold a recently expired passport or one that will expire in the next six months. They may apply for the extension by logging onto the Service of Identification, Migration and Foreign People website, and completing an application. Once applications are approved, applicants will be directed to bring their passport to the appropriate government office, where the extensions will be finalized.

  • Implementation time frame: Immediate and ongoing. The process was implemented Nov. 1.
  • Visas/permits affected: Passports.
  • Who is affected: Venezuelan nationals seeking to extend the validity of their passports.
  • Impact on processing times: The procedure for obtaining a two-year passport extension is expected to be significantly quicker than that of obtaining a new passport.

Background: The passport extension process was developed after Venezuela experienced a shortage of material, which hindered its ability to issue new passports. Those applying for extensions must have a passport that is in good condition with at least four blank pages. The process does not require a new photograph or changing biographic details and is not available to children under the age of 18. After two years, applicants may apply for a second extension, provided they still have at least four blank pages in their passport. The service is only available to those holding biometric passports.

BAL Analysis: Contact BAL with questions about how to apply to extend the validity of your passport or whether you are eligible for an extension.

This alert has been provided by the BAL Global Practice group and our network provider located in Venezuela. For additional information, please contact your BAL attorney.

Copyright © 2017 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 Malaysia Digital Economy Corporation said this week that e-Xpats Service Centre will be closed Nov. 13 and 14 as authorities prepare to launch a new version the e-Xpats system Nov. 15.

What does the change mean? The front counter at the e-Xpats Service Centre will be closed and will not be accepting applications Nov. 13 and 14. Applications must be submitted by Friday, Nov. 10 in order for them to be processed in the current system before the switch is made next week.

  • Implementation time frame:  Nov. 13 and 14.
  • Visas/permits affected: Employment passes, dependent passes, social visit passes.
  • Who is affected: Companies in the MSC and ICT categories.
  • Impact on processing times: Employers who miss transition-period filing cutoffs may experience processing delays as MDEC migrates to the new system.
  • Business impact: Businesses may have to make minor adjustments to their schedules because of the office closures and filing deadlines.

Background: As BAL reported last month, MDEC is set to enact a number of changes to its e-Xpats system, including changes to processing times, fees and payment methods. The new system is expected to streamline processing over the long term, but short-term delays are possible as the system is rolled out.

BAL Analysis: Employers should take note of the planned office closures and deadlines and plan accordingly.

This alert has been provided by the BAL Global Practice group and our network provider located in Malaysia. For additional information, please contact your BAL attorney.

Copyright © 2017 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? Government offices will be closed in Manila, Bulacan or Pampanga for three days next week when the Philippines hosts the ASEAN Summit.

What does the change mean? Those in need of immigration services should expect delays.

  • Implementation time frame: Nov. 13-15.
  • Visas/permits affected: All visas, permits and other immigration-related government services.
  • Who is affected: Anyone in need of immigration services in Manila, Bulacan, and Pampanga.
  • Business impact: Businesses may need to make minor adjustments because of the office closures. 

Background: The Philippines will play host to the 31st ASEAN Summit next week, with thousands expected to converge in Manila and other cities hosting events. Nov. 13, 14 and 15 will all be public holidays and government offices will be closed. Travel delays are also possible during the summit because of the high number of visitors and increased security measures.

BAL Analysis: Those in need of immigration services should expect delays during the summit next week.

This alert has been provided by the BAL Global Practice group and our network provider located in the Philippines. For additional information, please contact your BAL attorney.

Copyright © 2017 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 Trump administration will begin enforcing new restrictions on travel and trade with Cuba, implementing changes the president outlined in June.

Key points:

  • The administration will reinstate a requirement that “people-to-people” visits be led by regulated tour groups; however, those who made travel arrangements before the president’s June 16 speech will be able to carry out their travel as planned.
  • The administration has banned doing business with a host of hotels and other businesses that it says have ties to the Cuban military, intelligence, or security services. The full list of restricted entities was published Wednesday on the State Department website.
  • The administration will not cut diplomatic ties with Cuba, and the embassy in Havana will remain open. Diplomatic relations between the U.S. and Cuba have been even more strained than usual in recent months, however, with the State Department saying that a number of embassy workers have been targeted for attacks that have left some of the workers with symptoms ranging from dizziness and fatigue to hearing loss and cognitive impairment. The State Department warned U.S. citizens against travel to Cuba in September.

BAL Analysis: The changes, which will take effect Thursday, reflect President Trump’s policy goal of taking a harder line on Cuba. Trump has not reversed all of former president Barack Obama’s Cuba policies, however, and the U.S. and Cuba will maintain diplomatic ties. The State Department continues to advise against traveling to Cuba, though the restrictions the administration put in place this week have been in the works for months and are unrelated to the State Department’s Sept. 29 travel warning.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2017 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? Canada conducted its 27th Express Entry draw of the year Wednesday, issuing 2,000 invitations to apply for permanent residency. The lowest qualifying score was 458.

What does the change mean? The number of invitations was lower than in most draws this year, while the qualifying score of 458 was higher. On the whole, however, Canada continues to accept a high number of individuals for permanent residency. Wednesday’s draw was the first that was conducted under Canada’s new tie-breaking rule, where candidates with the same Comprehensive Ranking System (CRS) score will be ranked by the order in which their profiles were submitted.

Date Invitations Score   Date Invitations Score
Jan. 3 2,902 468   May 31 3,877 413
Jan. 11 3,334 459   June 28 3,409 449
Jan. 25 3,508 453   July 12 3,202 440
Feb. 8 3,664 447   Aug. 2 3,264 441
Feb. 22 3,611 441   Aug. 9 2,991 433
March 1 3,884 434   Aug. 23 3,035 434
March 24 3,749 441   Sept. 6 2,772 435
April 5 3,753 431   Sept. 20 2,871 433
April 12 3,923 423   Oct. 4 2,801 438
April 19 3,665 415   Oct. 18 2,757 436
May 4 3,796 423   Nov. 1* 290 673
May 17 3,687 415   Nov. 1** 505 241
May 25* 143 775   Nov. 8 2,000 458
May 25** 400 199  

*PNP nominees only
**Federal Skilled Trades Program applicants only.

BAL Analysis: The Canadian government continues to issue a high number of invitations for permanent residency. Almost 78,000 invitations have been issued so far this year, outpacing the number that were issued in all of 2016 and 2015 combined. The number of invitations issued in Wednesday’s draw was lower than in most draws this year, but it was conducted only a week after officials conducted draws specifically targeting applicants in the Provincial Nominee and Federal Skilled Trades programs.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2017 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? Tunisia has relaxed its visa policies for citizens and foreign residents of Gulf Cooperation Council countries.

What does the change mean? Citizens of GCC countries will no longer need a visa, and holders of resident permits issued by a GCC country may obtain a 15-day visa on arrival.

  • Implementation time frame: Immediate.  
  • Visas/permits affected: Visas on arrival and visa-free entry into Tunisia.
  • Who is affected: Citizens and foreign residents of GCC countries (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates).
  • Impact on processing times: Eligible travelers will not need to apply for a visa at a Tunisian consulate before travel.
  • Business impact: The policy will ease travel from Gulf countries to Tunisia, especially for those traveling on short notice.

Background: The policy was a joint decision by the Interior Ministry and the Ministry of Tourism. Residents of GCC countries must hold a resident permit that is valid for at least six months from their arrival date in Tunisia and show proof of a prepaid hotel reservation and sufficient funds to cover their stay.

BAL Analysis: The new policy is intended to boost tourism and will facilitate travel from Gulf countries to Tunisia.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2017 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 has said it will terminate the Temporary Protected Status designation for Nicaragua in January of 2019. The agency also said it will extend the TPS designation for Honduras, but only for a six-month period while it seeks additional information on whether continuation of the status is justified.

Key points:

  • In a statement Monday, DHS said that Acting Secretary Elaine Duke determined that the conditions for which Nicaragua’s TPS status was initially granted no longer exist. The agency granted a 12-month extension to provide for an “orderly transition,” and the TPS designation for Nicaragua is now set to expire Jan. 5, 2019. DHS said Nicaraguan TPS beneficiaries should “seek an alternative lawful immigration status” if available and, if not, should arrange to leave the U.S.
  • Duke said the agency needed more time to make a decision on Honduras. In the meantime, DHS will provide a six-month TPS extension through July 5, 2018. DHS said “it is possible that the TPS designation for Honduras will be terminated at the end of the six-month automatic extension with an appropriate delay.”
  • Existing Honduran and Nicaraguan TPS beneficiaries who want to extend their benefits must apply for an extension of TPS and an employment authorization document. Additional information is expected to be published soon in the Federal Register.

Background: Monday’s announcement follows reports last week that Secretary of State Rex Tillerson indicated to DHS that the TPS designations for Nicaragua, Honduras, El Salvador and Haiti are no longer necessary. DHS has yet to make any announcements on El Salvador or Haiti, but announcements are expected soon given that TPS designations are set to expire for Haiti in January and for El Salvador in March.

BAL Analysis: DHS is advising Nicaraguan TPS beneficiaries to apply for other visas or arrange to leave the U.S. by January of 2019. The agency also signaled that it may move to end the TPS designation for Honduras next summer, but it would likely provide a similar transition period. BAL will continue to follow developments on these issues, including any information on TPS designations for Haiti and El Salvador.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2017 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 U.S. and Turkish embassies in each other’s countries have said they will resume nonimmigrant visa issuance on a limited basis.

What does the change mean? Visa services in Turkey and the U.S. will be partially restored after they were halted in October. The U.S. Mission in Turkey posted a notice online saying that it had “resumed processing non-immigrant visas on a limited basis” and that the U.S. Embassy in Ankara and Consulate General in Istanbul would offer interviews by appointment only, and that they are reducing the number of scheduled interview appointments. The Turkish Embassy in Washington, DC posted a similar statement, saying that Turkey “will resume processing visa applications of U.S. citizens at its diplomatic and consular missions in the USA on a ‘limited basis.’”

  • Implementation time frame: Immediate and ongoing.  
  • Visas/permits affected: Nonimmigrant visas.
  • Who is affected: Anyone applying for nonimmigrant U.S. visas in Turkey or nonimmigrant Turkish visas in the U.S.
  • Impact on processing times: Although visa processing has resumed, delays should be expected given that both countries have said only a limited number of visa applications will be processed. It is also likely that embassies and consulates will have backlogs after regular visa issuance was suspended for nearly a month.

Background: The U.S. and Turkey halted nonimmigrant visa issuance in each other’s countries last month following the arrest of a U.S. consulate worker in Turkey. The Turkish government accused the worker of having ties to Fethullah Gulen, a cleric whom Turkey holds responsible for a failed coup attempt last year. Both the U.S. and Turkey issued statements at the time saying they needed to reassess the other country’s dedication to the security of their diplomatic personnel. The two countries have now said they will resume visa processing, but will only provide a limited number of appointments for now.

BAL Analysis: While the resumption of visa issuance is a welcome development, delays should be expected because of the limited number of appointments. The U.S. Mission in Turkey urged applicants not to make travel arrangements before they physically receive their visas. Those with urgent travel needs who are impacted by delays should contact BAL. BAL will continue following developments between the U.S. and Turkey and alert clients to any important changes.

This alert has been provided by the BAL U.S. and Global Practice groups. For additional information, please contact your BAL attorney.

Copyright © 2017 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.