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The Asia-Pacific region is experiencing rapid economic growth with a strong reliance on foreign direct investment, focusing on easing business travel immigration rules and increasing openness to tourism. Societal challenges include gender roles and increasing environmental awareness.
BACKGROUND
The Taiwanese government underwent substantial change in the 1990s up to 2005, when the constitution was amended to make it more relevant to the sovereign territory’s contemporary status and serve as a foundation for democratic governance. The central government contains the presidency and five major branches (yuans). The president is directly elected, serves a four-year term and may be reelected for one additional term. The president is empowered to appoint the heads of the four branches of the government, and so the ruling/political party that occupies the presidential office plays a key role in the functioning of the government.
Currently, the government operates as a multiparty democracy with two major parties, the Kuomintang (KMT or Nationalist Party) and the Democratic Progressive Party (DPP). The KMT held the presidency in Taiwan for more than five decades before the DPP won the 2000 and 2004 presidential elections. The KMT returned to power briefly in 2008 and 2012, but the DPP has since won the 2016 and 2020 presidential elections and sought to stay in power in 2024 to achieve three consecutive terms.
On Jan. 13, Taiwan held elections for its presidency and 113-seat legislature, the Legislative Yuan. Lai Ching-te, also known as William Lai (DPP) ran against Hou Yu-ih (KMT). This was the eighth direct election for the president of Taiwan. Previously, the position was indirectly elected by the National Assembly until 1996. This election and government actions going forward will determine the trajectory of the self-ruled democracy — the first place ever to free itself from Western colonial rule.
OUTLOOK
In the January 2024 election, Taiwan elected Lai as its new president, and he was inaugurated on May 20. The DPP lost its outright majority in the Legislative Yuan however, as the KMT gained 52 of the 113 seats, while the DPP secured only 51. This was the first time since 2004 that no party won an outright majority.
Lai is expected to build on domestic reforms, despite political gridlock. Lai’s DPP has lost the majority in the legislature, making it hard for him to push through legislation. Consequently, the smaller Taiwan People’s Party (TPP) will play a crucial role in forming a coalition to lead the legislature. Lai will need to build on efforts to strengthen ties with the U.S. and prioritize migrant issues while keeping the economy running strong.
RECENT IMMIGRATION CHANGES
The Taiwanese government announced several changes to immigration policy recently and just expanded their visa-free entry program for travelers from Brunei, the Philippines and Thailand.
The Taiwanese government intends to revise immigration policies to benefit certain resident visa holders and visitor visa holders to reduce difficulties in applying for Alien Resident Certificates or extend visitor visas. Alternatively, fine increases for overstay and a greater maximum entry ban demonstrate the government’s attempt to deter overstays and illegal work — priorities for the new administration that could have further impacts on immigration policy in the future.
The Republic of Korea’s Constitution adopts liberal democracy as its basic principle of governance. The National Assembly is the unicameral national legislature, and its members serve four-year terms. Executive power is vested in the president, who is elected by the people and serves five-year terms without reelection capability. Current President Yoon Suk Yeol of the People Power Party took office in May 2022.
Legislative elections were held in April 2024 for all 300 members of the National Assembly. The two largest parties are the liberal Democratic Party and the conservative People Power Party. The election was a midterm referendum for the Yoon administration as it approached its third year. His hope was for his party to regain a parliamentary majority. Yoon narrowly won the 2022 presidential election and has struggled with low approval ratings. He now faced the possibility of spending the next three years of his single-term presidency as a lame duck.
South Korea’s Democratic Party won a landslide victory in the country’s parliamentary elections, giving liberals an extended opposition control of parliament and putting Yoon and his conservative party in a challenging position for the three remaining years of his term. The Democratic Party already held majority control but won 175 seats in the 300-member single-chamber parliament, and the conservative People Power Party won 108 seats, becoming an even smaller minority. Voter turnout was the highest in 32 years for a parliamentary election, and the outcome has been interpreted as a strong judgment on Yoon and the policies his administration has prioritized in the last two years since taking office. The People Power Party will now have to cooperate with the Democratic Party and its leader, Lee Jae-myung.
Yoon has described South Korea as a “global pivotal state,” with a growing number of immigrants in the country and a need to develop immigrant policies that fit its status. His administration has had the difficult task of addressing a population crisis consisting of low birth rates and an aging population.
The administration is still trying to come up with a cohesive approach concerning immigration — 2.5 million foreign nationals currently reside in the nation, which is roughly 5% of the total population. One of Yoon’s campaign promises was to create a separate immigration agency under the Ministry of Justice to implement unified immigration policies that balance workforce and immigration that are sector-specific and meet growing labor demands. The new agency would also be tasked with other immigration policy initiatives, such as strengthening border controls and supporting immigrant integration. The creation of a Ministry of Population Strategy Planning has also been proposed as an alternative that would take over immigration-related policies from the justice ministry and handle the creation of new comprehensive immigration policies. The planned launch of these new immigration agencies has stalled, and lawmakers did not pass the People Power Party proposal for a new agency within the Government Organization Act before the conclusion of the previous National Assembly session in May.
Now that the members have been elected in the 2024 legislative election and assumed office, the 22nd National Assembly is currently in session and discussions surrounding a new immigration agency may continue. The majority control that the Democratic Party now holds as a result of the 2024 legislative election will have a direct impact on Yoon and the People Power Party’s ability to enact important immigration reforms.
RECENT IMMIGRATION NEWS
South Korea recently launched a digital nomad visa for overseas remote workers that allows some foreign residents to stay in South Korea for up to two years while maintaining jobs in their country of origin. Considered a “workation” visa, the digital nomad visa allows qualified foreign employees to reside in various regions of South Korea and is designed to revitalize their economy. However, workers are restricted from working for South Korean employers during their stay unless they obtain a separate work visa. This new category provides an immigration pathway for remote workers that was previously not available and highlights a continuing trend among various countries around the world offering new digital nomad visas to attract greater foreign talent and skilled professionals.
South Korean authorities continue to promote policies that aim to increase tourism by simplifying entry processes for foreign nationals wanting to travel to the country as well as create initiatives designed to strengthen bilateral relations with allied nations and improve labor market access for younger workers. Last year, the government announced that travelers from 22 countries, including Australia, Canada, Japan, Singapore and many EU countries, no longer need to apply for Korean Electronic Travel Authorization (K-ETA) before entering the country. This policy is in effect until Dec. 31. K-ETA is an online electronic travel authorization that visa-free foreign visitors need to obtain for tourism, visiting relatives, participating in events or meetings and business purposes other than profitable activities. A bilaterial agreement with Canada was also announced for a new Youth Mobility Agreement last year. This initiative allows certain Canadian and South Korean nationals to live and work in the two countries for up to 12 months through certain immigration categories to increase work and travel opportunities.
India
China
Japan
This analysis has been provided by the BAL Global Practice Group.
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Europe is focused on economic recovery but faces societal challenges. Conflict in the region and nearby Middle East is driving instability.
The United Kingdom is a constitutional monarchy where the hereditary monarch serves as head of state while the prime minister serves as the elected head of government. Executive power is entrusted to a unitary parliamentary system formed by members of the Parliament, where legislative power is vested in the two parliamentary chambers: the House of Commons and the House of Lords. Elections are held no more than five years apart and are scheduled by the prime minister. U.K. citizens vote for all 650 members of the House of Commons for a term of up to five years, and the party that commands a majority, either alone or in coalition, form the next government. The majority party’s leader becomes the prime minister.
The first national general election in five years was announced by Prime Minister Rishi Sunak for July 4. Sunak, a former Treasury chief who had been prime minister since October 2022, hoped to continue the 14-year reign of the Conservative Party (Tories). His primary opponent was Keir Starmer, a former director of public prosecutions in England and leader of the Labour Party since April 2020.
The Labour Party won the general election with a total of 412 seats, an increase of 211 seats since the previous general election in 2019. The Conservative Party total of 121 seats represents its worst-ever defeat, with more than 250 seats lost. Starmer has met with King Charles at Buckingham Palace and officially accepted the role of prime minister. The new PM pledged to steer the country toward “calmer waters” in his first address to the nation.
The Labour Party will face many challenges, including a polarized debate on migration. The Conservatives’ signature policy regarding migration was restrictive in nature and focused on measures designed to reduce net migration and prioritize the domestic workforce. Labour Party representatives have described similar priorities to reform the points-based immigration system to reduce migration, boost Britain’s skills to address skills shortages and focus on domestic workers. Labour’s immigration policies will seek to improve wages and conditions for Britain’s workers and continue to focus on compliance with harsher penalties. Employers should be prepared for new rules and requirements when it comes to international recruitment, given the drastic change in government and healthy majority that the Labour Party now possesses for future policy reforms.
The U.K. government is prioritizing increasing their domestic workforce through the “Back to Work Plan.” The government recently announced several initiatives to intentionally reduce net migration and make immigration more expensive for both employers and foreign nationals. The Home Office announced a plan to cut net migration to the United Kingdom by 300,000 people by reducing the high number of dependents coming to the U.K. and increasing the minimum salaries required for overseas workers and family visa applications. The statement of changes published by the Home Office confirmed the increases to the minimum general salary threshold and going rates for skilled workers as well as increases to the minimum income threshold for those bringing dependents on family visas.
The Home Office announced increased fines for employers and landlords who employ or rent to illegal migrants. The increased fines represent the largest increase in civil penalties since 2014. The measure is designed to identify and reduce illegal migration and ensure only those eligible are able to work and receive benefits or access public services. Since the start of 2018, almost 5,000 civil penalties have been issued to employers with a total value of £88.4 million.
The U.K. Parliament officially approved a new law increasing immigration health surcharge fees, effective Feb. 6, 2024, as well as announced new fees for legalizing public documents starting Jan. 1, 2024. The 66% increase to the health surcharge is an element of a broader strategy to increase fees to help fund pay raises for certain public sector jobs. As part of that effort, work and visit visa fees increased by 15%, family visas and settlement and citizenship visas by 20% and student visas by 35%.
Most recently, the Home Secretary announced on July 31 that the planned increase to the minimum income threshold for those bringing dependents to the United Kingdom on family visas is on hold. The Home Secretary also stated that the Migration Advisory Committee will review key sectors within international recruitment, including IT and engineering. The ministerial statement demonstrates a continued support for the changes announced earlier this year, including increases to salary thresholds for skilled workers and health and care workers. Other proposed changes include eliminating the ability for health and care worker visa holders filling care worker and senior care worker roles to bring dependents with them and an end to the 20% “going rate” salary discount for shortage occupations. The statement highlights the Labour Party’s new legal migration objectives and reintroduces expected reforms to migration policy. British citizens and those settled in the U.K. who want their family members to join them will not be impacted by the planned hike to the minimum income threshold yet.
Electronic Travel Authorization program
The government is creating an Electronic Travel Authorization (ETA) program that will require travelers who do not need a visa to apply for authorization to enter the U.K. The ETA will be valid for two years for multiple entries into the country. Individuals who are denied an ETA must apply for a standard visitor visa, temporary work — creative worker visa or transit visa. The program initially launched for nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates, and it is expected that by the end of 2024, ETA will be required for all visitors who do not need a visa for short stays, including those visiting from Europe and other countries including Australia and the United States. The Home Office is introducing ETA to increase border security and better monitor travel for those who do not need a visa to enter the country.
In addition, the rules for travel to most European countries are rapidly changing as well. Starting in the first half of 2025, an estimated 1.4 billion people from over 60 visa-exempt countries will be required to have a travel authorization to enter 30 European countries for a short stay. EU Commissioner Ylva Johansson recently announced the official commencement date for the new Entry/Exit System (EES) and the European Travel Information and Authorization System (ETIAS).
EES, originally part of a “Smart Borders” initiative, is an automated system for registering non-EU nationals traveling for a short stay — up to 90 days in a 180-day period — that will record each time an individual crosses an external Schengen area border. It will replace passport stamping and require travelers to have biometric data (facial images and fingerprints) recorded upon entry. It was originally expected to take effect during the first half of 2022 but will now launch Nov. 10, 2024.
EES differs from ETIAS, which is an entry requirement for visa-exempt nationals traveling to any of 30 European countries. It is linked to a traveler’s passport and allows individuals to enter for short-term stays up to 90 days in any 180-day period. ETIAS will require travelers from the 63 countries currently approved to travel into the EU visa-free to register for a visa waiver before arriving in the Schengen area and is expected to launch in 2025.
EU authorities have stated that the new systems will provide vital information necessary to identify those who have stayed in the EU longer than allowed, who do not have the right to enter the EU, or those who are involved in criminal or terrorist activity and assess potential security risks. Schengen-participating states may benefit by being able to better manage their external borders and improve internal security. Travelers may also benefit by obtaining earlier indications of their admissibility and making legal travel across Schengen borders easier.
The Fifth Republic, France’s current republican semi-presidential system of government, consists of an executive branch, a legislative branch and a judicial branch. Executive power is exercised by the president of the republic and the government. The government consists of the prime minister and the parliament, made up of the National Assembly (Assemblée nationale) and the Senate (Sénat). The prime minister is appointed by the president, who is the directly elected head of state.
On June 9, current President Emmanuel Macron dissolved the lower house of France’s parliament in a surprise announcement. Legislative elections were held June 30 and July 7 to elect all 577 members of the 17th National Assembly of the Fifth French Republic. The move by Macron came in response to the European Union’s parliamentary election, where France elected 81 members of the European Parliament. Macron himself was not a candidate in the EU elections, and his term as president runs for three more years. The far-right National Rally party, led by Marine Le Pen, made substantial gains in that EU election, however, and Macron’s Besoin d’Europe electoral list lost a significant number of seats.
In the 2022 legislative elections, Macron’s centrist party won the most seats but lost its majority in the National Assembly. Le Pen was the runner-up to Macron in the last two presidential elections and “welcomed” Macron’s move to dissolve the National Assembly and call a snap election. Macron’s decision was a massive political risk that could have drastically impacted the rest of his presidential term, which ends in 2027. In his address, Macron justified his decision by the “historic score of the far-right” that could not be ignored and called the rise of nationalism by agitators a threat to France, Europe and France’s place in the world.
Three alliances emerged on top after the recent election. Each fell short of an outright majority, where a party or coalition needs to secure at least 289 of the National Assembly’s 577 seats. The New Popular Front (NFP), an alliance of leftist and environmental parties, won the largest number of seats with 188. Ensemble, the centrist coalition led by Macron, came in second with 161 seats. Finally, National Rally (RN) and its allies, led by far-right leader Le Pen, won 142 seats. Macron said “no one won” the parliamentary election and called on mainstream parties with “republican values” to form a governing alliance. As a consequence, nobody can propose the name of a prime minister with the assurance that they would get the support of a majority of lawmakers in a vote.
France’s divided National Assembly kept Speaker Yaël Braun-Pivet, a centrist member of Macron’s party and head of the National Assembly since 2022, as speaker after three rounds of votes in the lower house of parliament. Macron accepted the resignation of Prime Minister Gabriel Attal, and there is no firm timeline for when the president must name a new prime minister as the government continues to operate and work toward a coalition.
As of Aug. 27, Macron continues to maintain the current centrist caretaker government, which has led France since the July 7 vote and through the Paris Olympics. The NFP announced its preferred candidate for prime minister, Lucie Castets, after their bloc won the most seats in parliament during the snap elections. Macron has rejected the nomination and talks are currently underway to nominate a government.
Without a majority in the National Assembly, Macron faces a strong challenge from the far right and is reliant on parties outside the government to get legislation through. His government managed to push through a new comprehensive immigration law with the backing of right-wing Republicans and the far-right RN, and, in order to get the bill through, the government accepted a series of amendments such as limiting family reunifications and reducing access to welfare. Future immigration bills will be impacted by the new coalition government. The priorities of Macon’s administration are combating illegal immigration but also promoting the integration of foreign nationals in France. The challenge of the far right will continue to be a focus point from an immigration policy perspective.
In preparation for Paris hosting the 2024 Summer Olympic Games, French authorities began operating a new Olympic consulate system for processing the anticipated high volume of visa applications entirely online via the government’s France-Visas platform. The Olympic consulate system represents France’s first venture into processing e-visas and a similar digitalized visa process. The French government later launched a new digital tool that will alert foreign nationals when it is time to renew their residence permit. The new digital program is designed to help foreign nationals request renewal of their residence permit in a timely manner and avoid late fees as well as limit the need for issuance of provisional documents.
The government is also undertaking additional efforts to relax rules related to the taxes paid by French companies that hire foreign nationals from outside the European Union/European Economic Area/Switzerland. A recently released policy provided a benefit for employers of French residence permit holders, for whom they no longer need to pay the foreign worker tax. This measure is part of an effort to streamline the immigration process and ease the process for French employers seeking to attract and hire foreign talent.
New immigration law
The French government published a new comprehensive immigration law on Jan. 27 that included provisions for a new residence permit for medical professionals and a residence permit allowing for the regularization of certain undocumented workers. The bill also introduced a French-language proficiency requirement for multiyear residence permit holders while also installing limits on repeated renewals of certain temporary residence permits. The law was originally passed in December 2023, but several provisions were later struck down by the Constitutional Council. After right-wing and far-right pressure, most of the measures rejected by France’s nine-member Constitutional Council were later added back into the controversial bill. Le Pen supported the legislation after it was passed in December and the bill received popular protests. The new law includes important amendments surrounding residency and citizenship intended to combat irregular migration. Permit holders should prepare in advance for when the changes will take effect. The renewal limitation for temporary residence permits took immediate effect, but the higher language proficiency changes are expected to be in force by Jan. 1, 2026.
North America remains a complex economic landscape. Significant elections are taking place in the USA. Canada is an attractive destination for both economic opportunities and its inclusive immigration policies.
Mexico is a federal republic composed of 31 states and the federal district Mexico City. The constitution divides governmental powers into executive, legislative and judicial branches — the presidency, the congress and the courts. At the federal level, the president of the United Mexican States is head of the executive branch and serves as the chief of state and army. The president is directly elected by the people for a six-year term. Presidential reelection is prohibited in the constitution. The federal legislative branch is a bicameral legislature known as el Congreso de la Unión. Legislative authority is divided into an upper chamber, la Cámara de Senadores, and a lower chamber, la Cámara de Diputados. The upper chamber has 128 members (senators) who are elected for six-year terms and may be reelected for up to two consecutive terms. The lower chamber has 500 members (deputies) who serve three-year terms. Deputies are eligible for reelection for up to four consecutive terms.
General elections were held on June 2 to elect a new president to serve a six-year term, as well as all 128 members of la Cámara de Senadores and all 500 members of la Cámara de Diputados. The world’s most populous Spanish-speaking country held its largest ever elections with an estimated 98 million voters. Claudia Sheinbaum of the Morena political party was the top contender to succeed President Andrés Manuel López Obrador. Xóchitl Gálvez of the Fuerza y Corazón por México party served as opposition along with Jorge Máynez of the Citizens’ Movement party. This was the first general election in Mexico’s history in which the main contenders for the country’s presidency were women. The newly elected president’s foreign affairs policies will be significantly impacted by the outcome of the 2024 U.S. presidential election, and the outcome of the Mexican elections will not only have a tremendous impact on regional neighbors but also the European Union (EU).
On June 2, Claudia Sheinbaum won the presidential election with almost 60% of votes. The Morena-led coalition also received the most votes in the legislative elections and secured a two-thirds majority in the lower house. The former Mexico City mayor will become the first female president in the country’s 200-year history and will start her six-year term on Oct. 1. The election will continue the legacy of the Morena party that is currently being led by López Obrador, who was elected president in 2018.
The newly elected leader in Mexico will have an important task leading one of the most powerful countries in the Americas and managing a complicated relationship with the United States, specifically as it concerns the response to a growing irregular regional migratory situation. President-elect Sheinbaum has stated that she will continue López Obrador’s policies on migration, mainly providing increasing economic aid and other possible solutions to Guatemala, Honduras and El Salvador to address the root causes of migration. Economic instability and safety concerns may also be a driver of increased internal displacement of professionals and investors leaving Mexico.
Sheinbaum won the election largely on a message of continuity with López Obrador, including policies restricting private and foreign investment in oil, gas and electricity. Mexico’s next president will need to decide whether to reopen the country’s oil, gas and electricity sectors to foreign investment. The new administration may try to propose new solutions to these issues from the previous administration, but this may also be determined by how things evolve in the U.S. elections in November.
The U.S. Embassy and its nine consulates throughout Mexico issued 2.3 million visas in 2023, the highest number to date. Recently, the U.S. Embassy in Mexico City launched a program allowing first-time B1/B2 visitor visa applicants to move appointments to an earlier date without additional fees. The new program is designed to reduce wait times for hundreds of thousands of applicants and facilitate travel for more Mexican nationals to the U.S.
Internationally, the Mexican government recently announced that Peruvian nationals arriving for tourism or business will now require a Mexican visa to enter the country. The government of Peru later announced a similar policy for Mexican nationals traveling to Peru for short-term business travel and visits in response. Mexico has also recently suspended diplomatic relations with Ecuador and ordered all Mexican diplomatic personnel in Ecuador to return to Mexico. The Embassy of Mexico in Quito has suspended all services, including consular services, until further notice.
Under bilateral agreements, certain nationalities are eligible for temporary nonimmigrant visas in the United States, including the TN classification for citizens of Mexico in designated professional categories. The TN classification was created by the North America Free Trade Agreement (NAFTA) and continued in the United States-Mexico-Canada Agreement (USMCA). The USMCA entered into force on July 1, 2020, and created a reciprocal policy supporting high-paying jobs and economic growth in the three North American countries. The USMCA has a review clause dated July 1, 2026, at which time each nation will need to confirm in writing whether or not they will continue the agreement. The new Sheinbaum administration will have an important decision to make whether or not to renew the agreement, and even though the six-year review is two years away, the continuation of this important bilateral agreement will be a significant focus point for the business communities in all three countries for the foreseeable future.
The bicameral legislature of Canada is made up of the Crown, the Senate (upper chamber) and the House of Commons (lower chamber) of the Parliament. Currently in session is the 44th Canadian Parliament, which began Nov. 22, 2021, led by the Liberal Party minority government under the premiership of Justin Trudeau and supported by the New Democratic Party. Their official opposition is the Conservative Party.
By-elections (special elections) to the 44th Canadian Parliament are being held this year to fill vacancies in the House of Commons, including a recent by-election that was held in the federal riding of Toronto—St. Paul’s in Ontario on June 24. The election was won by Conservative Party candidate Don Stewart, making him the first Conservative MP since 1993 to represent the riding.
Additional by-elections are expected in four other electoral districts in 2024 before the 45th Canadian federal election will take place on Oct. 20, 2025, to elect members of the House of Commons to the 45th Canadian Parliament.
The recent by-election in the federal riding of Toronto—St. Paul’s was considered a referendum on the premiership of Prime Minister Trudeau and the current ruling Liberal Party. Prior to the by-election, Toronto—St. Paul’s was considered a safe Liberal seat and had been held since the 1993 federal election.
The Liberal Party suffered a major upset in the special election, and rising doubts toward leadership prompted Trudeau to comment that, “These are not easy times … and it is clear, that I and my entire Liberal team, have much more hard work to do to deliver tangible, real progress that Canadians can see and feel.” Trudeau intends to lead the party into the next election, and further changes in immigration policy may be expected as the administration attempts to create real progress that balances key foreign investment and fills skill gaps in key sectors, while at the same time creating stricter policies to balance the needs of Canadian workers.
The Canadian government is making important updates to encourage immigration in key sectors, while at the same time creating stricter policies to balance the needs of Canadian workers. In 2023, the Canadian government launched the Tech Talent Strategy to attract highly skilled foreign nationals to live and work in the country. The strategy created an open work permit stream for H-1B specialty occupation visa holders in the United States to apply for a Canadian work permit and offered study or work permit options for their family members. An Innovation Stream under the International Mobility program was also created to attract highly talented individuals, and improvements to the Start-up Visa program were prioritized as part of this effort.
Alternatively, reforms to the post-graduation work permit program and international student permits are designed to better align with labor market needs and alleviate growing pressures on housing, healthcare and other services, and reduce growing migration levels by targeting temporary residents and international students. These reforms include:
Recent diplomatic disagreements
In an attempt to relieve pressure on their immigration system and strive for a balanced migration policy that aligns with domestic priorities, including housing and affordability, the Canadian government reimposed visa requirements for some Mexican nationals amid a surge in asylum claims, the majority of which are ultimately denied. Current President Andrés Manuel López Obrador of Mexico offered a “respectful” criticism of Canada’s decision and indicated that Mexico would act with “prudence” in response.
Tensions between Canada and India also escalated recently following the Canadian government’s announcement reducing its number of employees in India from 27 to five in direct response to the Indian government’s decision to remove certain immunities for Canadian diplomats and demand parity in diplomatic staffing. The changes with both India and Mexico have increased the time and money required to travel and delays in overall processing times.
Changes in permanent residency policy
The Canadian government has also released new initiatives to ensure the integration of immigrants within the country, create more inclusive citizenship policies and increase permanent residency pathways. Parliament introduced legislation that would extend citizenship by descent beyond the first generation and provide an opportunity for those with extended family ties in Canada to apply for permanent residency.
In addition, officials announced a new policy that allows Hong Kong permanent residence pathway applicants to extend their status and apply for new work permits while their permanent residence applications are pending. The policy also created a new humanitarian permanent residence pathway for up to 11,000 Colombian, Haitian and Venezuelan nationals who have extended family connections in Canada.
Digital nomad/remote work
Canadian officials recently provided additional guidance on the requirements for digital nomads. Officials clarified that an individual only needs visitor status to relocate to Canada while they perform their job remotely for a foreign employer or, if they are self-employed, work for themselves or provide services to clients outside of Canada. A person may enter as a digital nomad to work remotely for up to six months at a time and additional documentation is not required. If intention to find a Canadian employer is declared at that time, or if an individual finds an employer who wishes to hire them while in Canada, they will need to apply for a work permit. Individuals still need to speak with immigration authorities and confirm their intention to leave at the end of their authorized stay.
The previously discussed Tech Talent Strategy promoted Canada as a destination for digital nomads and created improvements to the Start-up Visa program, developed an Innovation Stream under the International Mobility program to attract highly talented individuals, returned to the 14-day service standard for work permits under the Global Skills Strategy and created a STEM-specific draw under category-based selection to issue additional invitations to apply under the Express Entry program. The Tech Talent Strategy, and specifically the creation of the digital nomad program, are designed to attract and retain highly skilled foreign nationals to live and work in the country.
This alert has been provided by the BAL Global Practice Group.
As an HR or global mobility professional, your plate is already full. Adding visa requirements to the mix can feel overwhelming. But by familiarizing yourself with the different visa types, you can smoothly navigate the evolving immigration landscape and enhance your recruitment and mobility strategies.
To support your global hiring and relocation efforts, this article explores some of the most common nonimmigrant visa types and their specific requirements.
The H-1B visa is designed for foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as technology, engineering and healthcare.
Key requirements:
BAL insight: Previously, the H-1B lottery allowed multiple registrations for the same beneficiary by different employers, increasing the chances for certain individuals. In 2024, USCIS updated its rules and now limits registrations to one per beneficiary, the so-called beneficiary-centric process, regardless of how many employers submit registrations on the foreign national’s behalf. This change aims to level the playing field and give every applicant an equal chance of selection. Even if your H-1B registrations were not selected, BAL can work with you to identify alternative options.
The L-1 visa is for employees transferring within their multinational company to a U.S. office. There are two categories: L-1A for executives and managers and L-1B for employees with specialized knowledge.
BAL insight: L-1 applicants can apply under a company’s approved Blanket L petition, which allows applications for the visa directly at a U.S. Embassy or Consulate abroad or a Canadian port of entry (Canadians only). A company may qualify for a Blanket L petition by meeting certain regulatory criteria, including engaging in commercial trade or services, doing business for one year or more with an office in the U.S. and having three or more domestic and foreign branches, subsidiaries and affiliates. L-1B applicants are not eligible to apply under the Blanket if they do not have at least a bachelor’s degree in a related field.
The O-1 visa is for individuals with extraordinary ability in the sciences, arts, education, business or athletics, or extraordinary achievements in the motion picture and television industry.
BAL insight: The team at BAL has experience helping foreign nationals obtain an O-1 visa and can assess on a case-by-case basis for eligibility and evidentiary requirements. Check out our case study to see BAL’s visa expertise in action with a biotech company.
The TN visa allows qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
The H-1B1 visa allows specialty occupation workers from Chile and Singapore to temporarily work in the U.S. An annual maximum of 1,400 Chilean national professionals and 5,400 Singaporean national professionals in specialty occupations may work in the U.S. in H-1B1 status.
The E-3 visa allows Australian professionals in certain specialty occupations to temporarily work in the U.S. A maximum of 10,500 Australian citizens per fiscal year are allowed to work in the U.S. in E-3 status.
BAL is committed to helping HR and mobility professionals reduce immigration complexity by guiding you through recent shifts in immigration policy. To help you stay informed, here are a few emerging trends that may impact your approach to hiring.
Immigration is a complex industry that requires specialized partners to help you navigate the ever-changing landscape in real time. To assist you in managing these challenges, we invite you to join BAL Community — an interactive forum developed exclusively for HR and in-house mobility professionals. By connecting with peers and experts, you can ensure your organization remains compliant and competitive in the global talent market.
In a record-setting year for the firm, 63 BAL attorneys have been recognized by the 2025 edition of Best Lawyers®, with 30 attorneys named as the 2025 “Best Lawyers in America” for immigration law and 33 named as “Best Lawyers: Ones to Watch.” In addition, BAL Partner Sharon Cook was honored as the immigration law “Lawyer of the Year” in Atlanta, GA.
“We are thrilled and proud to see so many of our attorneys recognized with this incredible honor,” said Managing Partner Frieda Garcia. “BAL is always looking to raise the standards of how we support our clients, and it can’t be done without the dedication and persistence of our attorneys. Having 63 attorneys recognized this year is proof of their hard work and expertise.”
The following BAL attorneys were recognized as “Best Lawyers”:
The following BAL attorneys were recognized as “Best Lawyers: Ones to Watch”:
The attorneys will be featured in the 2025 edition of The Best Lawyers in America®, the only purely peer-review guide to the legal profession.
Since 2021, the semiconductor industry has announced nearly $80 billion in new investments in the United States. Congress passed the CHIPS and Science Act of 2022 to strengthen semiconductor manufacturing, development and research and design in the United States. Most recently, on July 9, 2024, the Biden-Harris Administration announced an investment of up to $1.6 billion to establish and accelerate domestic capacity for semiconductor advanced packaging.
Importantly, the significant demand for high-end chips is the result of the recent surge of research and applications in artificial intelligence (AI). Advancements in AI research is centered on the use of high-performance chips to construct computing platforms. With the federal funding incentives and an increasing demand for chips, the U.S. semiconductor industry is positioned for high-stakes competition worldwide.
The semiconductor industry relies on a highly specialized combination of education, skills and expertise. Identifying key talent plays a pivotal role in this rapidly evolving industry. A shortage of skilled professionals could lead to delays or hinder the full utilization of invested capital.
Companies in the semiconductor industry are in a race to attract and retain talent to ensure their projects progress as planned to secure their market share and further invest in new research areas. As such, companies must be strategic in global workforce planning. This includes ensuring that their foreign national employee population maintains stable and secure options for U.S. employment authorization.
While there is a broad range of U.S. work permit categories, these are some of the most common visa classifications to hire highly skilled foreign national talent into the semiconductor industry.
H-1B visas are the most sought visa type among semiconductor companies, including but not limited to the following occupations: electrical engineers, electronics engineers, industrial engineers, software developers and logistics engineers.
The H-1B program permits employers to temporarily employ eligible foreign workers for a maximum of six years. One of the significant benefits of the H-1B visa is the possibility of extending the H-1B status beyond the statutory six-year limit if the foreign worker has reached certain milestones in the green card application process.
However, noted limitations to the H-1B visa program are timing and availability. H-1B visas are subject to a registration process and a lottery system. Employers that are interested in registering their employees in the H-1B lottery must plan ahead and implement contingency planning in the event the employee is not selected in the lottery.
The second most common visa type, particularly for global semiconductor companies, is the L-1 visa. The L-1 visa category provides opportunities for U.S. employers with qualifying international offices to transfer employees in either managerial (L-1A) or specialized knowledge (L-1B) positions from a foreign qualifying entity to their U.S. entity. The qualified employee must have at least one year of managerial or specialized knowledge experience with the foreign entity within the three years immediately preceding the filing of the L-1 petition.
For instance, companies may utilize the L-1 visa for an employee to transfer semiconductor device fabrication technology knowledge from a foreign entity to the U.S. entity. Companies also tend to transfer managers in different time zones to the U.S. to better manage their U.S. teams against tight project completion deadlines.
The L-1A visa can be renewed for up to seven years. On the other hand, the L-1B visa has a five-year limit. Engineers in the L-1B category may gain managerial responsibilities during their employment in the U.S. They are permitted to amend their status to L-1A to benefit from the additional two years of employment authorization. Companies who wish to sponsor their L-1 employees for a green card tend to start the process early, as it can take several years depending on the employee’s country of birth and visa preference category.
Pursuant to bilateral agreements between the U.S. and another country, certain nationalities are eligible for temporary nonimmigrant visas.
In general, individuals demonstrating extraordinary ability in business, science, education, art or athletics may qualify for an O-1 visa. Employers in the semiconductor industry tend to pursue this option for their engineers who have an advanced degree(s) and distinguished achievements, including published journal articles, peer review for academic journals, national or international awards and/or employment in a critical or essential capacity for distinguished organizations.
Employers may request up to three years initially and may extend the petition indefinitely in one-year increments. Due to the high legal standard as well as the significant required evidence for an O-1 visa, the preparation process is long and labor intensive. As such, employers should plan accordingly.
It is challenging to navigate immigration considerations while balancing the demands of an industry that is positioned to experience explosive growth. For this reason, it is critical for semiconductor companies to engage experienced immigration counsel to plan for and mitigate any possible employment interruption of their foreign national employee population.
BAL is a leading corporate immigration law firm with over 40 years of experience. We partner with organizations in the semiconductor industry and other tech fields to power human achievement, ensuring you have the highly skilled talent you need to be competitive. Our team of legal immigration experts will ensure a timely, compliant process that takes the administrative burden off your plate. Schedule a consultation to learn how we can support your immigration program.
Artificial intelligence (AI) has become a game-changer in the business world, helping to drive efficiencies, spark innovation and unlock new growth opportunities. According to PwC, AI could add a staggering $15.7 trillion to the global economy by 2030.
As more companies embrace AI technologies, the demand for AI-skilled employees is skyrocketing. McKinsey’s latest data shows a 21-fold increase in job postings mentioning AI technologies like “ChatGPT” since these tools were introduced, highlighting the rapid integration and growing need for AI skills. According to a report from Skillsoft, more than one-third of C-suite leaders identified cybersecurity and AI as top investment areas for training.
As AI continues to revolutionize how we work, the demand for AI expertise is on the rise across business sectors. According to the recent Future of Jobs Report by the World Economic Forum, here are the top industries with the highest demand for AI skills:
As AI continues to reshape industries, HR managers face the critical task of preparing their workforce to thrive in this AI-driven future. Thought leaders like Andrew Ng, a prominent AI expert, emphasize the importance of education and training, stating, “AI is the new electricity. Just as electricity transformed every major industry a hundred years ago, AI will transform every major industry in the future.”
To help HR managers navigate this transformation, here are six proven strategies to effectively upskill your workforce for AI, including training and development programs, and tips for hiring foreign talent with AI expertise.
Begin by assessing the skills of your current workforce and identifying gaps that need to be filled to support AI initiatives. Collaborate with department heads and AI specialists to pinpoint the specific AI-related skills required for your business.
Getting started:
Design training programs that cater to varying levels of AI knowledge and expertise within your organization. This can include foundational courses for beginners and advanced technical training for more experienced staff.
Foster an environment where continuous learning is encouraged and valued. Providing ongoing support and resources for employees to expand their AI skills will help maintain their enthusiasm and commitment.
Encourage employees who have acquired AI skills to share their knowledge with colleagues. This can be done through mentorship programs, internal workshops and collaborative projects.
Given the global nature of AI, hiring foreign workers already skilled in AI provides an immediate impact, complementing your upskilling strategy and ensuring that your organization can tackle complex projects from day one.
Outline clear career development pathways for employees specializing in AI. This motivates employees to upskill and helps retain top talent by offering them a vision for their future within the company. Getting started:
Upskilling your workforce for AI is a first step that can propel your organization and open up new opportunities for efficiency, collaboration and growth. By identifying skills gaps, developing robust training programs and hiring experienced foreign workers, you can build a resilient and innovative workforce that’s ready to maximize the full potential of AI. As Andrew Ng aptly puts it, “The AI transformation is coming. Embrace it, and your organization will thrive.”
The number of migrants seeking to enter the U.S. at the Mexico border reached historic levels in 2023, with a record 2.5 million land border encounters with individuals lacking proper authorization to enter the U.S.
In addition, a less publicized situation occurring within our borders is a shortage of workers to fill jobs not otherwise being filled by the documented labor force. According to the Bureau of Labor Statistics, as of May 30, there were 8.1 million job openings in the U.S., and, as of Jan. 1, only 6.1 million available workers to fill those jobs.
The Society for Human Resource Management highlights that 46% of U.S. organizations are experiencing workforce disruptions because of a shortage of available workers and 57% of organizations report that they would benefit from an increase in legally authorized workers on visas.
At the intersection of these two issues is a compassionate and nonpolitical solution to a highly divisive humanitarian issue: matching qualified migrants with employers facing shortages of workers by leveraging the existing H-2A and H-2B legal frameworks.
Further, with proposed H-2A fee legislation being circulated through several House committees by Rep. Delia Ramirez, D-Ill., now may be the time to revisit and invest in these programs.
This visa solution could boost the productivity of American businesses and improve the overall economy, while offering fair wages, housing and other benefits to the many migrants who come to the U.S. in search of a better life than the one they left behind.
The H-2A and H-2B programs provide short-term visa status for workers in the agriculture industry, as well as in nonagricultural jobs that are temporary in nature.
Under these frameworks, the U.S. Department of Labor would assess the labor market, U.S. Citizenship and Immigration Services would vet employers, and U.S. Customs and Border Protection and the U.S. Department of State would assess migrants’ skills, conduct background checks and provide legitimate work authorization.
The short-term nature of the H-2A and H-2B visas is appealing because applicants are required to undergo a biometric and security screening each time they renew their status.
The H-2A visa is reserved for jobs that are, by definition, agricultural in nature. There is no numerical limitation on the H-2A visa, and before recruiting or transporting H-2A workers, employers must prove that there is a demonstrated shortage of U.S. workers.
This visa also provides protections for both U.S. and foreign workers. For example, employers must pay workers the higher of the adverse-effect wage rates, the DOL prevailing wage, or the federal or state minimum wage.
Employers must pay a worker’s inbound and outbound transportation costs, and provide a per diem for each day of travel.
And, most significantly, employers must provide housing that meets all applicable safety standards, which addresses the problems that many major metropolitan areas are experiencing with new immigrants becoming homeless or occupying shelters.
The H-2A visa program would provide migrants with work authorization, fair wages and family benefits, without a numerical limit on registrations.
The H-2B visa is for jobs that are temporary in nature, such as seasonal, peak-load, one- time occurrence or intermittent jobs. Landscaping and seasonal resorts are two examples of industries that utilize the H-2B visa.
Like the H-2A visa, the H-2B visa process involves a test of the labor market to prove that there is a shortage of U.S. workers. It also requires fair wage protections and family benefits. Unlike the H-2A visa, however, there is no requirement to provide housing and a statutory limitation of 66,000 visas available each year applies.
Many of our clients have used the H-2B program to hire foreign national workers with varying results. Some have found it to be a reliable source for seasonal talent, while others have said it has become unreliable.
By increasing utilization of the H-2A and H-2B programs for new immigrants who arrive at the U.S. borders with the skills and willingness to do jobs for which employers have a demonstrated need, Congress could put a big dent in the border issue while also helping such companies grow and thrive.
But this solution does not come without barriers.
First, Congress would need to statutorily authorize an increase in the H-2B statutory annual cap. The demand for H-2B visas far surpasses their availability each year. Last year during this filing period, the DOL received 8,693 applications, requesting 142,000 positions. This year, the DOL received 8,817 applications, requesting 138,000 positions.
Congress, in recognition of the historical and current demand has, for the last several fiscal years, authorized supplemental caps, and often does so through appropriations and omnibus legislation. Additional countries, such as Venezuela and Cuba, should be considered in the expansion of this cap program as well as an increase in the general visa numbers that include Mexico.
Countries that have high levels of arrivals at the southern border would need to be designated by the U.S. Department of Homeland Security for purposes of H-2A and H-2B visas.
Currently, countries receiving additional supplemental visa numbers under the H-2B visa program include El Salvador, Honduras, Guatemala, Haiti, Costa Rica, Colombia and Ecuador. The U.S. Agency for International Development is presently working with those foreign ministries to train U.S. consular officials on the H-2 visa programs.
The foreign ministries in these countries are also tasked with vetting applicants in conjunction with helping to grow the awareness of the program in these countries.
Critics may draw comparisons to the controversial Bracero program, a government-sponsored program that brought millions of Mexican farm and railroad workers to the U.S. for seasonal jobs between 1942 and 1964. Harsh conditions and low pay eventually led to its end.
However, the current H-2A and H-2B framework offers better protections for migrant workers’ well-being and better pay —protections that did not exist during the Bracero program.
The comprehensive approach of utilizing visa categories that are already within our immigration toolbox offers a humane and economic solution that addresses the situation at the border, which has left many migrants and local communities without viable programs or opportunities, and helps companies overcome worker shortages.
To make these changes will take political willpower, but at the collision of two separate crises lies possibility and progress.
Ashley Foret Dees and Jeff Joseph are BAL Partners (based in Houston and Denver, respectively) who oversee the firm’s H-2A agricultural and H-2B temporary visa programs.
This article originally appeared on Law360.
BAL was named one of the most diverse law firms in the United States by The American Lawyer on its 2024 Diversity Scorecard for Minority Representation.
BAL ranked No. 3 out of 208 law firms included in the report.
More than 55% of BAL attorneys are racially or ethnically diverse, including 62% of the firm’s equity partners.
“Diversity is one of BAL’s greatest strengths,” said Jeremy Fudge, CEO of BAL. “We take great pride in our inclusive workplace and the sense of belonging it creates among BALers. Our diversity also enhances our interactions with clients and their employees, who hail from all over the globe.”
This recognition reflects BAL’s continued efforts to build a diverse, equitable and inclusive workplace. The firm fosters inclusivity with its intentional, thoughtful DE&I initiatives that serve to bring together diverse perspectives, experiences and practices.
Additionally, BAL performs internal and external benchmarking to ensure our ability to recruit and retain diverse talent in the current competitive job market. Our recruiting strategy includes outreach to minority students at Historically Black Colleges and Universities as well as other minority student groups, such as BALSA, LALSA and Lavender Law, at universities that BAL partners with for recruitment.
The American Lawyer also recognized BAL as the No. 1 firm on its Women in Law Scorecard.
BAL continued its streak of success in recruiting and promoting women in the legal profession, earning No. 1 on the Women in Law Scorecard for the sixth year running.
“This streak of No. 1 rankings is well-deserved recognition of BAL’s ongoing, strong support of women in the legal profession,” said Frieda Garcia, BAL managing partner. “BAL’s success in fostering a culture of achievement and belonging for women is reflected in my own journey to becoming the first female managing partner of the firm.”
In 2023, women comprised over 64% of BAL attorneys. Half of the firm’s equity partners were women, and 63% of both partners — nearly a quarter of whom are also minorities — and associates were women.
BAL’s sixth-consecutive No. 1 ranking shows it continues to be the law firm of choice for female attorneys. The firm intentionally cultivates a collaborative culture and offers innovative talent development and elite performance transformation programs. These efforts bolster every team member’s personal and professional goals, the latter of which is further supported by leadership development programs that create a supportive environment for BALers to enjoy more fulfilling careers.
The Women in Law Scorecard annually ranks the nation’s largest firms based on their percentages of women attorneys; 247 law firms were included in 2024’s iteration. This year for the first time, the Scorecard was released as part of The American Lawyer’s Diversity Scorecard; previously, the report was published in tandem with the National Law Journal.