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IMPACT – MEDIUM
What is the change? All resident permit applications processed through the Large Companies Unit (Unidad de Grandes Empresas) are experiencing significant delays.
What does the change mean? Foreign nationals should anticipate that resident permit processing will take longer than the 20 business days normally required by statute, and adjust their business schedules accordingly.
Background: The current delays in resident permit processing are due to a backlog caused by high volume and delays during the busy summer season.
BAL Analysis: Spanish employers should plan for longer timelines for all resident permit applications processed by the Large Companies Unit.
This alert has been provided by the BAL Global Practice group and our network provider located in Spain. For additional information, please contact your BAL attorney.
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What is the change? A bill has been introduced in the Belgian Parliament that would allow municipal governments to charge foreign nationals an administrative fee when renewing, extending or replacing their work and resident permits. The fees would be in addition to existing processing fees for renewal, extension or replacement applications.
What does the change mean? If adopted, the additional governmental administrative fees will likely raise the costs for companies sponsoring non-EEA employees and their family members when renewing their permits.
Background: In March 2015, the Belgian federal government introduced a mandatory fee on foreigners who apply for first-time resident permits in order to cover administrative costs. The pending legislative bill would allow municipal governments to charge their own fees to cover their administrative costs of processing renewals, extensions or replacement applications of some resident permits.
BAL Analysis: Businesses should anticipate that the proposed changes represent an increase in the administrative costs for non-EEA/Swiss nationals and their family members. BAL will report additional details on the legislation as they become available.
This alert has been provided by the BAL Global Practice group and our network provider located in Belgium. For additional information, please contact your BAL attorney.
U.S. Customs and Border Protection has announced that beginning Nov. 29, Chinese nationals holding 10-year visitor visas will be required to enroll in the new Electronic Visa Update System before traveling to the United States. EVUS is expected to begin accepting enrollments by the end of October.
Key points:
BAL Analysis: Chinese nationals traveling to the U.S. on or after Nov. 29 must complete the EVUS enrollment requirement before traveling. The system is not yet accepting enrollments and is expected to be launched by the end of October. Once it is implemented, those with plans to travel to the U.S. on or after Nov. 29 should consider enrolling ahead of time in order to avoid possible travel delays. BAL will continue to follow the implementation of EVUS, and Customs and Border Protection has said it will update the EVUS website with the latest information.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
What is the change? Permanencia Visa and Resident Permit applications in Equatorial Guinea have been significantly delayed by the government’s recent introduction of a requirement that Vice Presidential authorization be secured before the relevant Ministry’s Secretary of State can approve applications. The oil and gas sector has been exempted from the requirement.
What does the change mean? The introduction of the additional step has caused significant disruptions for foreign nationals applying for Permanencia Visas and Resident Permits, as end-to-end processing times have at least doubled. Because the oil and gas sector is exempt, foreign nationals working in that industry have not been affected.
Background: The Equatoguinean government introduced the new requirement recently, significantly increasing end-to-end processing times for the applications listed above. The oil and gas industry was exempted in recognition of its importance to the national economy.
BAL Analysis: Foreign nationals in Equatorial Guinea should anticipate much longer Permanencia Visa and Resident Permit application processing times and, as a result, should submit their applications much earlier than would ordinarily be required. BAL will monitor events in Equatorial Guinea and provide notice to clients if there is any additional change in the near future.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
What is the change? The United Arab Emirates is now requiring that Nigerian nationals provide additional documentation when applying for entry visas.
What does the change mean? The new requirements are being imposed to ensure that UAE employers are meeting their tax obligations with regard to Nigerian employees.
Background: Nigerian visa applicants must include personal bank statements for the previous three months, credit card information and confirmed hotel booking, and couples whose surnames differ must include a copy of a marriage certificate. The documents should be submitted in JPG format not exceeding 375 KB.
Additionally, new restrictions on visa validity apply to Nigerian nationals. The maximum duration for an individual is 14 days, and the maximum for family members traveling together is 30 days. Applications for 96-hour visas must be submitted with proof of a visa for the onward destination country. Business visas cannot be extended in-country and travelers must leave the UAE to apply for a new visa.
BAL Analysis: UAE employers should be aware of the new restrictions for Nigerian employees and assignees.
This alert has been provided by the BAL Global Practice group and our network provider located in Nigeria. For additional information, please contact your BAL attorney.
What is the change? Vietnam has approved an e-visa system for nationals of certain countries applying for business and tourist visas beginning in early 2017.
What does the change mean? The e-visa system will allow certain foreign nationals to fill out an online visa application and obtain their visas upon entry.
BAL Analysis: The e-visa system is not expected to take effect until next year. Currently, the e-visa system allows applicants to enter their information and upload a photo, but does not allow online submission of the form. At this time, applicants must still print the form and submit it manually at a Vietnamese embassy or through a travel agency in Vietnam, whereafter the immigration department issues a preapproval letter; a visa stamp by the Vietnamese embassy or upon arrival is still required.
This alert has been provided by the BAL Global Practice group and our network provider located in Vietnam. For additional information, please contact your BAL attorney.
The deadline for applicants to register for the Diversity Visa 2018 program is approaching. The Diversity Visa program randomly selects 55,000 registrants from countries with historically low levels of immigration to the U.S., providing the opportunity to apply for a green card.
Key dates and details:
BAL Analysis: Applicants are advised to apply as early as possible and to avoid applying during the final week of registration, as heavy demand is likely to cause delays in the registration process.
A federal court has dismissed a lawsuit brought by tech workers who sought to block a regulation introduced last year that allows spouses of certain H-1B workers to obtain authorization to work in the U.S.
U.S. District Court Judge Tanya S. Chutkan found that the tech workers lacked standing to bring the lawsuit because they failed to prove they have been injured by the rule.
Background: The lawsuit, filed in April 2015 by tech workers group Save Jobs USA, claimed that the Department of Homeland Security lacked authority to promulgate the regulation and that the regulation unfairly increased foreign competition for American tech jobs.
But the court said that the group failed to show that H-4 workers would harm their jobs. “Here, there is simply no evidence that the H-4 Rule was targeted at the tech field, or that even one H-4 visa holder has sought or will seek a tech job in competition with Plaintiff’s members,” the court said. “Plaintiff’s argument, without evidence, is bare speculation, and the injury it contemplates is insufficient to establish standing.”
The court’s ruling can be viewed here.
BAL Analysis: Although the tech workers have appealed this ruling to the U.S. Court of Appeals for the District of Columbia Circuit, the H-4 rule remains in place and spouses of H-1B workers who qualify may continue to apply for employment authorization.
What is the change? Canada is conducting its 22nd Express Entry draw of 2016 today, issuing 1,804 invitations to apply. The lowest qualifying score was 475.
What does the change mean? The number of candidates invited to apply for permanent residency rose significantly from the previous draw last week, while the minimum score also decreased.
Background: Last year, Canada issued 31,063 invitations to apply through Express Entry. Officials had projected a greater number for 2016, but have issued just 23,902 so far this year.
Express Entry Draws in 2016:
BAL Analysis: The latest draw is consistent with the general trend in the past several months to increase the number of candidates invited to apply for permanent residency per draw. The drop in the minimum qualifying score is also positive news for Express Entry candidates, representing the lowest minimum qualifying score since April.
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.
IMPACT – HIGH
What is the change? VFS Global has announced that the South African visa application center in Cape Town has temporarily closed and that foreign nationals residing in the Western Cape should alternatively submit in-country South African visa and permit applications at the VFS centers in Port Elizabeth or George.
What does the change mean? The closure will cause significant disruptions for visa applicants, as both George and Port Elizabeth are hundreds of kilometers from Cape Town. The online application system also does not allow applicants to change the location of their application submission once an appointment has been booked. Applicants who had appointments booked at the Cape Town application center, or who had intended to submit an application in Cape Town, will need to make alternative arrangements and should expect delays.
Background: VFS posted a message on its website this week saying that the Cape Town visa application center would be temporarily closed. Few additional details were provided.
“We regret the inconvenience caused and are working towards re-opening the center as soon as possible,” the message said. “Please bear with us while we make alternative arrangements for applicants.”
VFS has told BAL that affected applicants should use visa application centers in Port Elizabeth or George in the meantime.
BAL Analysis: Applicants affected by the closure or with urgent immigration needs should contact BAL to discuss the best available options. BAL will monitor events in South Africa and provide notice to clients if additional information about the Cape Town visa application center becomes available.