The Emirati government has reached an agreement with the Republic of Armenia on a mutual visa-free policy.

Key Points:

  • Citizens of both countries will be able to travel without the need to apply for an entry visa as long as they hold a passport with at least six months of validity.
  • Eligibility will vary from nationality to nationality, and visa fees may apply for individuals above the age of 18.
  • Travelers will be allowed a maximum stay of 90 days within a 180-day period.

Additional Information: The Emirati government has introduced various measures recently to increase inbound travel from foreign tourists. A separate mutual visa-free travel agreement with Uzbekistan was recently announced. The agreement will allow citizens holding passports with at least six months of validity to enter and stay for a period of up to 30 days per visit.

BAL Analysis: The new agreements are designed to help foster stronger ties and make exploration and cultural exchange between other countries more accessible. The Emirati government also hopes to create opportunities for increased tourism to stimulate economic growth.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.

Swedish judicial authorities have ruled that individuals may now qualify for a permanent resident permit with 12 months, instead of 18 months, of employment.

Key Points:

  • The Swedish Migration Court of Appeal determined in a December 2023 decision that permanent residence permits should be interpreted with an income requirement of a “certain duration” in applications.
  • Further, an applicant’s income should be considered to have a “certain duration” if they are employed for at least a year when applying for permanent residency.
  • The Migration Agency had previously required that employment must be at least 18 months from the decision date for it to reach a “certain duration.”

Additional Information: The Migration Agency granted 102,000 applications for residence permits last year (a decrease of 40,000) and almost doubled the amount of revoked permits compared to 2022. The new case law is a significant change in how the Migration Agency will assess the requirement of “certain duration” when it comes to employment length. The new case law may also provide additional opportunities for those who have had a claim for permanent residency rejected by the Migration Agency. Individuals could receive a temporary residence permit and then appeal the part of the decision that concerns permanent residency due to the change in case law.

BAL Analysis: The court judgement is a welcome change for permanent resident applicants and should provide better guidance to individuals on how to interpret the requirements for permanent residency. The new case law may also allow greater access to candidates who previously were not able to qualify, including doctoral candidates who are currently prevented from being employed for more than a year at a time.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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 Brazilian government announced a 7% increase to the minimum wage.

Key Points:

  • The new base minimum wage will rise to BRL$1,412 (about US$282), an increase from the previous base minimum wage of BRL$1,320.
  • The adjustment considers the variation in inflation from the previous year and GDP growth over the last two years.

BAL Analysis: Businesses may see an increase in labor costs because of the new minimum wage. Employers should take the new wage minimums into account when planning their 2024 budgets.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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 Kazakhstani government announced the new 2024 foreign worker quotas for all work categories and regions.

‌Key Points:

  • The permit quota for attracting foreign workers is divided into categories:
    • 906 for managers and their deputies
    • 5,054 for heads of structural divisions
    • 10,786 for specialists
    • 2,888 for skilled workers
    • 2,366 for seasonal work
  • The new quotas for the respective regions are as follows:
    • Akmola region: 800 (increase from 178)
    • Almaty City: 1,671 (decrease from 2,050)
    • Astana City: 1,191 (decrease from 1,331)
    • Atyrau region: 4,765 (decrease from 6,144)
    • Shymkent City: 537 (increase from 156)
    • West Kazakhstan: 1,047 (decrease from 1,094)
    • Zhambyl: 3,660 (increase from 1,181)

Additional Information: Local executive bodies issued 14,500 thousand permits to employers in 2023, and currently 13,183 foreign citizens are working in Kazakhstan with such permits. Employers must provide information on the current number of foreign nationals employed and the number of foreign nationals the company intends to hire in 2024 when applying for their specific work permits.

BAL Analysis: Kazakhstan has settled the total quota at 0.23% of the country’s workforce, amounting to 22,000 workers. Companies are encouraged to take note of the quotas and any relevant exemptions and plan their international recruiting and hiring programs accordingly.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.

BAL joined a group of more than 50 top U.S. companies this week in signing a friend-of-the-court brief in support of protecting the Deferred Action for Childhood Arrivals program.

The brief was filed in the Fifth Circuit Court of Appeals in the ongoing litigation challenging DACA. The Fifth Circuit is hearing the case after a federal judge in Texas issued a ruling declaring a Biden administration regulation to protect DACA unlawful. The administration has appealed that ruling. Oral arguments are expected later this year.

Proponents assert that DACA has remained a transformative policy, contributing an estimated $13.3 billion to the U.S. economy each year. If the program ends, not only would hundreds of thousands lose their immigration status and employment authorization, but companies would also lose valued employees and the national gross domestic product could contract by up to $460 billion, according the Coalition for the American Dream.

“By making hundreds of thousands of DACA recipients eligible for work authorization, [DACA] expands work opportunities for everyone,” the brief said. “DACA recipients played a particularly important role as front-line workers responding to the COVID-19 pandemic. Today, with unemployment at low levels and worker shortages plaguing many sectors of the economy, the contributions of Dreamers are more important than ever.”

The complete list of companies that signed the brief is available here.

As of Sept. 30, U.S. Citizenship and Immigration Services reported that there were more than 544,000 active DACA recipients in the United States. Under a court order in the current litigation, the U.S. government is permitted to accept and process DACA renewals and related work and travel authorization requests; officials are not permitted to process first-time DACA requests.

BAL Analysis: The business community continues to show strong support for DACA and the crucial role Dreamers play in the U.S. economy. Given the uncertain environment, DACA recipients who qualify for a renewal are urged to apply for one as soon as they can. BAL will continue to follow the litigation challenging DACA and will provide updates as information becomes available.

Read more of the latest immigration news.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 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 German government announced that Israeli nationals can remain in the country until April 26, 2024, without applying for a residence permit or an extension of their visa-free stay.

Key Points:

  • Israeli nationals are now permitted to stay in Germany without applying for a residence permit until April 26.
  • Israeli nationals are usually only allowed to stay without a visa for up to 90 days within a 180-day period.
  • The ordinance was published in the Federal Law Gazette and entered into force on Jan. 26.

Background: The German Minister of the Interior emphasized the country’s solidarity with the people of Israel and said the ongoing situation factored into the decision. Other countries have recently enacted similar measures to support citizens impacted by the Israel-Hamas war. Canadian officials recently announced a new temporary resident pathway for Canadian citizens’ and permanent residents’ extended family members in Gaza. The United States also recently authorized visa-free travel for Israeli nationals and designated Israel into the U.S. Visa Waiver Program, which allows eligible travelers to apply online for authorization to travel to the United States through the Electronic System for Travel Authorization.

BAL Analysis: The temporary measure should provide visa relief to Israeli citizens who are currently in Germany as officials aim to provide support to those affected by the conflict.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.

BAL updated its USCIS Fee Calculator following the posting this week of a final rule to increase immigration filing fees.

Key Points:

  • The new fees are set to take effect April 1 and represent the most significant increase to immigration fees in years.
  • The fee for an H-1B petition will increase from $460 to $780, while the fee for an L-1 petition will increase from $460 to $1,385.
  • The final rule also includes an increase in the H-1B registration fee from $10 to $215, though this increase will not be implemented until after this year’s H-1B registration period in March.
  • The final rule also includes a $600 Asylum Program Fee that will be charged for each Form I-129 and Form I-140 filing. This fee will come on top of increases to base filing fees.

BAL Analysis: Developed by BAL Community, the USCIS Fee Calculator allows users to calculate the impact of filing fee increases on their immigration programs and is available on BAL.com under Insights. BAL will continue to provide updates and resources on the fee increases in the weeks ahead.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 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.

U.S. Citizenship and Immigration Services announced this week that H-1B cap registration will open March 6.

Key Points:

  • The registration window runs from noon EST on March 6 through noon EDT on March 22.
  • During this time, petitioners can use their USCIS online accounts to register H-1B beneficiaries electronically.
  • Petitioners must pay an associated registration fee for each beneficiary. Under a new regulation, the H-1B registration fee will increase from $10 to $215, though the higher rate will not be in effect for this year’s H-1B registration period.
  • This year, USCIS is making online organizational accounts available for the first time. The agency hosted a “Tech Talk” session to answer questions about the organizational accounts today and will host additional sessions on Feb. 8, 13, 14 and 15. Petitioners with existing accounts do not need to create new ones and will automatically have access to the enhancements.
  • USCIS will also host a webinar on Feb. 21, from 2-3:30 p.m. EDT, to share FY 2025 H-1B electronic registration process updates and provide a step-by-step overview of the H-1B registration submission process and a Q &A session.

Additional Information: USCIS first announced the dates of the filing window in a press release about the new regulation that makes changes to the H-1B selection process. The agency has explicitly stated that changes to the H-1B selection process are designed to “bolster integrity and curtail the potential for fraud while improving and streamlining our application processes … [making] H-1B selections more equitable for petitioners and beneficiaries.” This change has the potential to reduce the overall number of registrations and boost H-1B selection rates for employers.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 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 United Kingdom’s Electronic Travel Authorization pilot program is available to nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates.

Key Points:

  • As BAL previously reported, the ETA pilot program was originally launched Oct. 25, 2023, for Qatari nationals.
  • The ETA is a pre-screening system for visa-free foreign nationals to obtain digital permission to travel or transit through the U.K. Under the ETA system, visitors will be allowed to stay in the U.K. for up to six months for tourism, visiting family and friends, business or study, or three months under the creative worker visa concession.
  • Nationals of the six additional countries traveling to the U.K. on or after Feb. 22 can now apply for an ETA through the U.K. ETA app.

Additional Information: Individuals cannot use a passport issued by one of these countries to apply for an ETA if they are not a national of that country. An ETA will be valid for two years (or to the expiry of the holder’s passport, whichever is sooner) for multiple entries into the U.K. Individuals who are denied an ETA must apply for a Standard Visitor visa, Temporary Work – Creative Worker visa or transit visa.

BAL Analysis: Beginning Feb. 22, nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates will be required to apply for an ETA before traveling to the U.K. By the end of 2024, an ETA will be required for all visitors who do not need a visa for short stays, including those visiting from European countries, Australia and the United States.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.

Finnish authorities announced the extension of Ukrainian residence permits granted on the basis of temporary protection until March 4, 2025.

‌Key Points:

  • The European Council agreed to extend the temporary protection directive for Ukrainian nationals fleeing the Russian invasion until at least March 4, 2025, and this extension will become binding on EU member states. The specific procedural aspects are determined at a national level, and variations may apply regarding which residents and dependents are considered eligible.
  • All Finnish residence permit cards issued on the basis of temporary protection are valid, even if their last day of validity is March 4, 2023, or March 4, 2024. Ukrainian nationals are allowed to stay in Finland even if they do not apply for a new card.
  • The right to work on the basis of temporary protection will also be valid until March 4, 2025.

Additional Information: Finnish authorities recommend that eligible individuals apply for a new residence permit card even though the current permit has been extended. Ukrainian nationals can apply for a new card as of Feb. 17, and the updated validity period of the residence permit will be printed on the new card. The fastest way to receive a new residence permit card is via online service.

BAL Analysis: The Finnish Immigration Service stated that it will send a letter confirming the extension of permits on the basis of temporary protection. Various non-EU countries have introduced similar protection programs, along with the EU temporary protection directive, and more countries are expected to extend protected status for Ukrainian citizens.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.