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President Donald Trump intends to nominate Lee Francis Cissna as the new director of U.S. Citizenship and Immigration Services, according to a White House announcement Saturday.
USCIS, a division of the Department of Homeland Security, is responsible for processing immigration-related applications and petitions.
Cissna currently serves as director of immigration policy in the DHS Office of Policy. He previously worked in the Office of the Chief Counsel of USCIS, practiced corporate immigration law in Virginia, and served as a foreign services officer in the State Department, stationed in Haiti and Sweden. Cissna holds a law degree from Georgetown University Law Center, a master’s of international affairs from Columbia University, and a B.S. in physics and political science from Massachusetts Institute of Technology.
If confirmed, Cissna will replace James McCament, who has been the acting director since March.
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? Indian authorities have implemented biometrics requirements for foreign nationals applying for visas or permits at Foreigners Registration Offices (FROs) and Foreigner Regional Registration Offices (FRROs) in Delhi and Mumbai.
What does the change mean? Foreign nationals submitting in-country applications at FROs and FRROs in Delhi, Mumbai or Pune, where the requirement was introduced in March, will be required to submit fingerprints and eye scans as part of the visa application process. The biometrics machines will help authorities preserve passport and visa numbers and other data provided by applicants.
Background: Authorities implemented the biometrics requirement in Pune in March. They have since implemented the requirement in Delhi and Mumbai, but have not yet done so in other locations, including Bangalore, Chennai, Hyderabad and Gurgaon. BAL will monitor the implementation of the biometric collection program and provide updates as it becomes required in new locations.
BAL Analysis: The collection of biometrics at the registration offices in Delhi, Mumbai or Pune will add an additional step to application processes. Those affected should be sure to allow extra time when submitting applications.
This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.
U.S. Citizenship and Immigration Services announced Friday that the H-1B cap filing period has closed, as the number of petitions received has reached the congressional quotas for fiscal year 2018.
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 fifth consecutive year in which the H-1B cap has been reached in the first week of the filing period, leading to a random lottery process for selecting petitions that will be adjudicated. 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.
A lottery is expected to be conducted in the coming days after the agency completes initial intake of all filings. The lottery is conducted in two phases. First, petitions for individuals holding U.S. master’s degrees and higher are placed in a pool, from which 20,000 petitions are randomly selected. Unselected petitions from the first draw are put in a pool with the petitions for candidates holding undergraduate degrees or equivalent. In the second draw, 65,000 petitions are selected.
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, the start of the 2018 fiscal year. Petitions subject to the cap that are not selected or that are received after Friday will be returned with their filing fees.
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. USCIS has not yet released information about how many petitions were received, but in recent years the odds of being selected have been well below 50 percent. BAL will continue to update clients as selection and processing progress. Employers and individuals are reminded that the suspension of premium processing of all H-1B petitions will remain in place for up to six months, and receipt notices are likely to be delayed.
What is the change? Malaysian authorities have announced changes to employment pass salary and contract requirements.
What does the change mean? Effective Sept. 1, the salary requirement for foreign nationals seeking Category 1 employment passes will double to 10,000 ringgits (about US$2,250) per month. Category II pass holders will have to be paid between 5,000 and 9,999 ringgits per month. Category III pass holders will have a salary requirement of 3,000 to 4,999 ringgits per month. Contract requirements will also change so that Category I permit holders will be allowed to apply for passes valid for up to five years. Category II permit holder will have to have a contract valid for up to two years.
Background: Malaysia’s MYXpats Centre announced Saturday that the following changes would be made to the Work Pass Program beginning Sept. 1:
Companies that operate within a regulated sector must obtain an approval letter or support letter form the appropriate approving agencies or regulatory bodies. Final decision-making authority on employment pass applications rests with the Immigration Department of Malaysia.
BAL Analysis: The changes to the salary requirements for employment pass holders are fairly significant, especially in Category 1, where the salary will double to 10,000 ringgits per month. Employers should take note of the pending changes and budget 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.
What is the change? The EU Parliament has approved allowing Ukraine nationals visa-free trips to the Schengen Area for up to 90 days within a 180-day period.
What does the change mean? The measure must be approved by EU member states and is expected to take effect in June.
Background: The measure allows Ukrainians to travel without a visa to the Schengen Area for up to 90 days in a 180-day period for business, tourism or family visits, but not for work. In April 2016, the European Commission recommended adding Ukraine to the list of nationals eligible for the Schengen visa waiver after determining that Ukraine had met key benchmarks on legal and political reforms. Negotiations over the visa waiver have been ongoing since 2008.
The EU also recently implemented visa-free travel for nationals of Georgia, but strengthened the mechanism for the EU to suspend visa waivers and re-impose visas in certain circumstances.
BAL Analysis: The waiver will benefit Ukrainians traveling to the EU (excluding Ireland and the U.K.) and ease consular visa processing. German consulates in particular receive a high volume of visa applications from Ukrainian nationals. Ukrainian nationals should anticipate high demand for biometric passports and apply early. Travelers are reminded that a 90-day stay is calculated within a rolling 180-day period and, if not counted properly, can lead to overstays.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
The following is a roundup of recent developments concerning Brexit negotiations and the United Kingdom’s withdrawal from the European Union.
News Summary
The U.K. Government formally invoked Article 50 on March 29, officially notifying the EU of its intention to withdraw from the bloc and setting off a two-year negotiation period.
Prime Minister Theresa May has reportedly indicated that free movement for EU nationals could continue during a transitional “implementation phase” immediately following the U.K.’s break from the EU in the spring of 2019 to allow companies to plan for new rules.
Scotland’s Parliament, meanwhile, approved a measure in favor of a second referendum on Scottish independence from the U.K., while May continues to suggest she will block such a vote until Brexit is completed.
BAL held a webinar on March 23 to discuss how companies have begun planning for Brexit and immigration changes affecting their EU and non-EU workforces, as well as sharing an analysis from BAL’s Brexit benchmarking report.
Immigration
Brexit formally underway
Brexit proceedings formally began on March 29 when the U.K. delivered a letter of intent to withdraw from the EU. The EU responded by issuing draft negotiating guidelines on Brexit for the EU-27 members. While May has indicated her desire for parallel negotiations on withdrawal and a deal on a new relationship, the EU guidelines make clear that it will take a “phased approach” in which the U.K.’s disentanglement from the EU is first settled before any future relationship can be agreed upon.
Free movement: Post-Brexit transition period?
May indicated that she would not rule out an extension of free movement during a transitional period (which she preferred to refer to as an “implementation phase”) after a Brexit deal is reached, allowing businesses time to adjust to new rules.
“Once we’ve got the deal, once we’ve agreed what the new relationship will be for the future, it will be necessary for there to be a period of time when businesses and government are adjusting systems and so forth, depending on the nature of the deal, a period of time during which that deal will be implemented,” May said to reporters while on a trip to the Middle East.
This signals a recognition that there are many businesses in the U.K. relying on an EU workforce, that a considerable amount of planning will need to go into any new system, and that managing existing and new EU entrants into the U.K. and any controls will need to be balanced against business needs. There are few details on how an implementation phase will operate, but it is thought that the “four freedoms,” including the free movement of people, may continue during that period—particularly since May has suggested that a new trade deal with the EU is unlikely to be finalized until formal Brexit in 2019.
U.K. White Paper on Great Repeal Bill
The U.K. government has published a white paper on the Great Repeal Bill that will eventually repeal some 12,000 European regulations from the British statute book on the day the U.K. leaves the EU. The paper sets out how the government plans to ensure an orderly conversion of EU law into domestic law.
Importantly, the U.K. Government will introduce an immigration bill so that nothing in law will change for any EU national, whether already in the U.K. or moving from the U.K., without Parliamentary approval.
Scotland
Independence referendum
The day before the U.K. triggered Article 50, the Scottish Parliament voted in favor of a second independence referendum by spring 2019 when the terms of a Brexit deal will be clearer. The motion requires approval by the U.K., and May has repeatedly said that “now is not the time” for Scotland to vote on breaking away from the U.K. In 2014, Scottish voters opted by 55 percent to remain in the U.K., but that was before the U.K. voted to leave the EU.
BAL Webinar Highlights
BAL held a webinar for clients on March 23 looking at Brexit and Tier 2 Skilled Worker reforms and their impact on companies. Here are some of the highlights of the webinar, led by BAL Managing Director for Europe, Emily King:
Preparing Your Company
The results of BAL’s Brexit benchmarking survey, released in tandem with the webinar, indicate that many companies have begun taking proactive steps to support their EU employees and to plan for eventual changes to free movement.
BAL continues to provide Brexit-related services at varying levels based on individual corporate needs. Brexit immigration planning may include:
Employees
Employees can also take steps to prepare for Brexit, including making sure they are aware of their legal status in the U.K. and whether there is a basis on which they can claim to be a “qualified person” under EU law. Employees should make sure they possess:
BAL encourages and welcomes feedback on Brexit and Tier 2 changes with the BAL London Team, as we continue to work with Government to prepare for reforms.
Should you have any questions or require more information on how BAL can help with Brexit planning, please contact us at uk@bal.com.
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.
What is the change? VFS Global will assume responsibility for processing Dutch visa applications lodged in the United States.
What does the change mean? Effective April 17, those applying for Schengen or Caribbean visas should submit applications to VFS Global centers in Chicago, Houston, New York or San Francisco. Applications will no longer be accepted at the Dutch embassy or consulates.
BAL Analysis: The change may lead to quicker processing times, though short-term delays are possible as VFS Global takes over visa processing responsibility from Dutch consulates. Those with existing appointments on or after April 17 should contact VFS Global to reschedule their appointment.
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.
What is the change? Dalian has introduced “4 New Policies” aimed at easing processing and reducing barriers to foreign business travelers and expatriate workers.
Key changes:
The nine categories are:
BAL Analysis: Dalian is following the trend in other Chinese cities, including Beijing and Shanghai, of introducing immigration reforms and reducing red tape to attract business, tourist and investment.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
What is the change? India has introduced new visa categories for foreign nationals interning or shooting films in India.
What does the change mean? Effective immediately, qualifying foreign nationals may apply for Intern (I) Visas and Film (F) Visas. Intern visas are available to eligible foreign nationals who have recently completed studies and plan to intern at Indian companies, nongovernmental organizations or educational institutions. Film visas are available to eligible foreign nationals shooting films or television shows in India. Both visas will be valid for no more than one year.
Background: The introduction of the two new visa categories coincided with India’s move toward a more liberalized e-visa regime that is also meant to boost business opportunities and investment in India.
Intern Visas are reserved for foreign nationals who have just completed university or graduate school. Internships must be for one year or less, and interns working for companies must be paid at least 780,000 rupees (about US$11,970) per year. There are no pay requirements for interns working at NGOs or educational institutions.
Film Visas will be available to foreign nationals whose applications are approved by India’s Ministry of Information and Broadcasting. Project-specific visas will be issued only after the ministry has given its approval. Additional information is available on the ministry’s website.
BAL Analysis: The new visa categories open two new routes for foreign nationals looking to work and live in India. The categories are relatively narrow, however, and those interested should contact BAL to determine whether they would be eligible and for additional details on completing an application.
What is the change? Canada has conducted its eighth Express Entry draw of the year, issuing 3,753 invitations to apply for permanent residency. The lowest qualifying score was 431.
What does the change mean? The number of invitations issued was one of the highest totals issued since the program was introduced in January 2015. The minimum qualifying score of 431 the lowest qualifying score to date, indicating that a wide pool of candidates continues to be accepted.
Background: Immigration, Refugees and Citizenship Canada made significant changes to the Comprehensive Ranking System in November. The changes benefit candidates with a valid job offer that is not supported by a positive Labour Market Impact Assessment, provided the employee has worked for the employer for a year and the job is in NOC 0, A or B occupations. The new scoring system also benefits candidates who have completed post-secondary education in Canada. Additional changes to the scoring system are set to go into effect in June, and they should help attract Francophone immigrants and those with siblings in Canada.
There have been eight draws so far this year:
BAL Analysis: The latest draw continues the trend of high numbers of invitations and low minimum qualifying scores since the new scoring system was introduced.
This alert has been provided by the BAL Global Practice group and our network provider located in Canada. For additional information, please contact your BAL attorney.