IMPACT – MEDIUM
What is the change? Qatar announced that it will no longer allow foreign nationals to convert to a work visa in-country after entering on a business visa, arrival visa or tourist visa.
What does the change mean? Under the new immigration regulation, employees already in Qatar must leave the country to convert from business to work status.
- Implementation timeframe: Ongoing.
- Visas/permits affected: Work visas.
- Who is affected: Employees who wish to change status.
- Impact on processing times: The new regulations may increase processing costs and time.
- Business impact: Foreign assignees and employees entering Qatar on a business or tourist visa and converting status in-country are now required to either obtain a work visa before arrival in Qatar or leave Qatar to convert status.
Foreign nationals currently in Qatar planning to convert status will need to travel outside Qatar to complete the process. The employee must apply for the work visa from a Qatari consulate or embassy abroad and then may return to Qatar and enter on the issued work visa.
The second option is for the employee in Qatar to apply for the work visa in Qatar. Upon issuance, the employee must leave Qatar and then re-enter with the work visa.
It should be noted that it is still permissible for those holding a work visa to convert while in-country to another work visa with a different sponsor.
Regarding dependents of employees, those entering Qatar on an arrival visa or tourist visa are still able to convert in-country to a family visa.
BAL Analysis: Employers should be familiar with the new regulation and plan accordingly in order to get foreign nationals on board. They should also be aware that the new rules could lead to increased time and costs.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2016 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.
On May 26, U.S. Citizenship and Immigration Services will begin accepting applications for employment authorization from H-4 spouses of H-1B employees, under a new regulation. USCIS has released guidelines and an FAQ on the new rule.
The rule allows certain H-4 dependent spouses to obtain work authorization as long as the H-1B employee has an approved Form I-140 or has been granted an extension of stay beyond the initial six-year period under the American Competitiveness in the Twenty-first Century Act (AC21).
Under the new procedures, eligible H-4 spouses may apply by filing the standard Employment Authorization Document Application Form I-765 with supporting evidence. EAD applications are currently taking at least three months to process.
When it issued the regulation in February, the Department of Homeland Security predicted a heavy application volume, especially in the first year. USCIS has shifted resources to handle the new filings over the next two months, which should help alleviate delays.
BAL Analysis: The regulation has been extremely well-received by H-1B employees and their H-4 spouses. Applicants planning employment start dates should keep in mind that current processing times are estimates and could run longer, as USCIS is expecting to receive a large number of applications under this much-anticipated regulation.
Copyright © 2016 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? Beginning June 1, Singapore will extend multiple-journey visas valid for 10 years to nationals of the People’s Republic of China.
What does the change mean? Chinese nationals who have previously visited Singapore and whose visa applications are supported by relevant Singaporean agencies will automatically be granted the 10-year visas, allowing them to make repeat trips to Singapore without having to renew their visas as often.
- Implementation time frame: June 1.
- Visas/permits affected: Multiple-journey visas (MJVs).
- Who is affected: Nationals of the People’s Republic of China and their dependents.
- Impact on processing times: The longer visa validity period will eliminate the need to reapply for visas for each visit.
- Business impact: The MJVs will facilitate business travel, especially for those making frequent trips.
- Next steps: Eligible applicants do not need to apply separately for the visas; those who qualify will automatically be granted an MJV.
Background: Chinese nationals applying for a visa will be considered for the 10-year MJVs if they have visited Singapore in the past. The same visas will be extended to the main applicant’s spouse and children below the age of 21. The application process and government fees are unchanged. MJV holders will also have faster border processing by being able to use automated immigration clearance service at Singapore’s airports.
BAL Analysis: The longer validity will benefit frequent business travelers from China. However, they are reminded that while the MJV allows repeat entry during the validity period, it does not lengthen the permitted duration of each stay, which generally ranges from 14 to 30 days depending on the discretion of the immigration officer.
This alert has been provided by the BAL Global Practice group in Singapore. For additional information, please contact singapore@bal.com.
Copyright © 2016 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.
Beginning May 26, all premium processing of H-1B Extension of Stay petitions will be suspended until July 27, U.S. Citizenship and Immigration Services announced today.
USCIS will continue to premium process H-1B Extension of Stay petitions filed with requests for premium processing prior to May 26. Between May 26 and July 27, the agency will not accept requests for premium processing for these petitions.
USCIS will refund the premium processing fee if a petitioner filed a premium-processing H-1B Extension of Stay petition prior to May 26 and USCIS has not acted on the case within 15 calendar days.
Premium processing remains available for all other H-1B petitions, including those that are subject to the H-1B cap where petitioners are requesting a change of nonimmigrant status.
BAL Analysis: On May 26, USCIS will begin accepting applications for work authorization for H-4 spouses of H-1B employees under a new regulation. The temporary suspension of premium processing for H-1B extension petitions will allow the agency to process the expected large influx of H-4 work authorization requests in a timely manner.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – MEDIUM
What is the change? The European Commission’s migration agenda, released last week in response to the Mediterranean refugee crisis, also contained proposals to review and expand the European Union Blue Card program for third-country economic migrants.
What does the change mean? The agenda recommends overhauling the Blue Card scheme to better attract talent to Europe by improving the opportunities for holders of the cards to move within the EU and increasing the number of Blue Cards issued.
The agenda also contemplates creation of a visa category for individuals providing short-term skilled services to businesses and government.
What the Migration Agenda said: As part of a multipronged effort to reduce illegal migration, the agenda also called for a new policy on legal migration. “The next step should be an attractive EU-wide scheme for highly qualified third-country nationals,” the agenda said. “By the end of May, the Commission will launch a public consultation on the future of the Blue Card Directive.”
The Commission noted that in the first two years of the Blue Card scheme, only 16,000 of the cards have been issued (13,000 by a single member state).
According to the agenda, the Blue Card scheme will be reviewed to find ways to “make it more effective in attracting talent to Europe” and to consider “issues of scope such as covering entrepreneurs who are willing to invest in Europe, or improving the possibilities for intra EU mobility for Blue Card holders.”
The agenda also pointed to the services sector as an area of important economic impact that will be under consideration. “The services sector includes well-trained, highly-skilled foreign professionals who need to travel to the EU for short periods in order to provide services to businesses or governments. The Commission will assess possible ways to provide legal certainty to these categories of people, also in order to strengthen the EU’s position to demand reciprocities when negotiating free trade agreements (FTAs),” the agenda said.
In furtherance of the agenda, the Commission will promote permanent dialogue and peer evaluation on issues where a decision by one member state impacts other members. The Commission will also seek input from business stakeholders, trade unions and other social partners.
BAL Analysis: While the proposed Blue Card changes may take months or years to implement, the agenda indicates a commitment to improve and perhaps broaden the scope of visas for economic migrants to better accommodate business demands. Initiatives to increase the number of Blue Cards and ease intra-EU mobility for card holders are of particular interest and BAL will be following these developments and updating clients accordingly.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
Copyright © 2016 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? Processing of multiple-entry visas for foreign workers applying in-country is experiencing significant delays.
What does the change mean? Applications for multiple-entry visas submitted in-country are taking at least two months.
- Implementation time frame:Immediate and ongoing.
- Visas/permits affected:Multiple-entry visas.
- Who is affected:Foreign nationals applying from within Trinidad and Tobago.
- Impact on processing times:Normal processing times of two to three weeks have been extended to two months or longer.
- Business impact:The delays may impact business schedules and travel dates and also increase costs for foreign workers who may have to pay the entry tax upon re-entry.
- Next steps:Applicants should apply as soon as possible and take into account longer processing times to secure a visa before scheduled travel out of the country.
Background: Multiple-entry visas – issued after a foreign national arrives in the country – allow foreign employees in Trinidad and Tobago to enter and exit the country without having to pay a re-entry tax. Due to recent internal affairs, government processing times are longer than normal.
BAL Analysis: Foreign nationals applying for multiple-entry visas should plan for significantly longer processing times. In addition, there have recently been cases of multiple-entry permit holders being erroneously charged the re-entry fee at the airport. Travelers should be prepared for possible miscommunication at entry points.
This alert has been provided by the BAL Global Practice group and our network provider located in Trinidad and Tobago. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – HIGH
What is the change? Ireland is accepting registration for its Trusted Partner Initiative, which provides fast-track employment permit application service for approved companies.
What does the change mean? Companies may now apply for TPI status. If approved, they will benefit from a streamlined application process for employment permits, reduced document submission requirements and faster turnaround on applications.
- Implementation time frame: Immediate.
- Visas/permits affected: All employment permit types except Contract for Services Employment Permits.
- Who is affected: Companies that regularly apply for employment permits, as well as start-up companies and companies expanding their expatriate workforce.
- Impact on processing times: The program will improve the application process for employers as well as the government processing times on employment permit applications.
- Business impact: The initiative will improve business conditions for registered companies by greatly reducing paperwork and providing faster decisions on employment permits.
- Next steps: Contact your BAL representative for details on applying for TPI status.
Background: Companies approved for the TPI will be issued a registration number and have access to their own package of employment permit application forms. Thereafter, an employer will only be required to provide its registration number in lieu of all employer details.
The main benefits of the program include reduced paperwork for all permits covered under the program, elimination of redundant submissions of information on applications, shorter application forms, faster processing of applications, and the absence of an application fee to register for TPI.
Companies who wish to obtain TPI status must fill out the registration form and sign a written attestation, including declarations that they will notify the Department of Jobs, Enterprise and Innovation of any changes and that all the information contained in the permit application regarding the conditions of the employee’s work is true. Companies must also provide documentation of registration with the Office of the Revenue Commission and, where applicable, the Companies Registration Office or Registry of Friendly Societies. Decisions on TPI registration take two business days.
TPI status is valid for two years and may be renewed. Renewal applications must be submitted within eight weeks prior to the expiry of TPI status. A company that fails to submit a renewal application before he expiry will automatically lose its TPI status.
BAL Analysis: The initiative is a welcome service that should speed the employment permit process, especially for companies with a large volume of applications.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
Copyright © 2016 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? South Africa has opened registration for companies who wish to use a new one-stop premium visa service center for faster visa and work permit renewals.
What does the change mean? Companies must apply in writing and undergo a selection process by the Department of Home Affairs based on a points system.
- Implementation time frame: Applications will be accepted beginning May 12. The cut-off date for submission of applications is 10 working days after May 12.
- Visas/permits affected: Work visas and permit renewals.
- Who is affected: Companiesemploying a large number of foreign workers.
- Impact on processing times: The premium service aims to put in place a shorter, more efficient process for visa and permit renewals.
- Business impact: Approved companies will benefit from streamlined visa renewal and other premium service, including access to immigration advisory services.
- Next steps: Given the short application window, companies who wish to be considered for corporate account status should apply immediately. BAL can assist in the application process.
Background: The one-stop center will serve select corporate applicants who have been approved for Corporate Account status. Applications for this status must be made in writing within 10 working days of the Gazette notice of May 12. An advisory committee will select companies by awarding points based on the following criteria:
- Numbers of visas required in key positions over the coming three years, calculated in man-years (hours worked by an individual per year) (20 points).
- Amount of incremental capital expenditures over next three years (20 points).
- Relevance of requested visas to South Africa’s national development and infrastructure (20 points).
- Percentage of visas that are for critical skills (20 points).
- Efforts by the company to transfer skills to South African workers (20 points).
- Proof that at least 60 percent of the company’s local workforce are South Africans or permanent residents employed in permanent positions (20 points).
Companies that wish to apply for Corporate Account status must address all of the selection criteria in their application, which should not exceed two pages and must be signed by the corporate applicant or human resources director. Applications must be submitted via email to the corporate accounts unit indicated in the announcement. The Department of Home Affairs will make the final selection and will advise applicants on the outcome.
BAL Analysis: The one-stop-shop premium service should facilitate visa applications for select companies with high volume of work visa applications.
This alert has been provided by the BAL Global Practice group and our network provider located in South Africa. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – HIGH
What is the change? The Australian Government will raise visa application charges (VACs) across a number of visa categories.
What does the change mean? Foreign nationals and employers sponsoring visa applicants should prepare for increased fees beginning 1 July.
- Implementation time frame: 1 July 2015.
- Visas/permits affected: The VAC increases will affect almost all visa categories.
- Who is affected: Employers and foreign nationals applying for visas.
- Impact on Processing Times: No impact.
- Business impact: Businesses covering VAC costs for visa applicants should brace for higher fees beginning 1 July.
Background: The Government estimates it will raise A$437.1 million over four years as a result of higher VACs and through a cost-recovery programme imposed on those applying for citizenship.
Some VAC increases will be modest; others will be more significant. VACs for Subclass 457 visas will increase 2.3 per cent, or A$25, from A$1035 to A$1060. VACs for Significant Investor visas will increase by 50 per cent, from A$4675 to A$7010. Visas in other streams will see VAC increases of 5 or 10 per cent, while Electronic Travel Authorities (ETA), eVisa and Refugee and Humanitarian visas will not be affected.
VACs for applications made overseas will be increased to come into alignment with VACs in Australia. The exception will be for Child Visas; domestic VACs for Child Visas will be dropped so that they come into alignment with overseas VACs for Child Visas. A full list of the new VACs is available on the Australian Government Department of Immigration and Border Protection’s website.
The Government also anticipates significant revenue through a cost-recovery programme imposed on those applying for citizenship. “Moving to full cost recovery for citizenship costs is consistent with the Australian Government Cost Recovery Guidelines and is underpinned by the principle that cost recovery promotes equity where the recipients of a government service, rather than the general public, bear its costs,” the budget says.
BAL Analysis: Employers and foreign nationals applying for visas to Australia on or after 1 July should check the new rates and be prepared to pay higher VACs.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The Department of Homeland Security asked a federal court Tuesday to dismiss a lawsuit brought by a group of American computer workers who have sued to stop the upcoming implementation of a regulation allowing H-4 spouses of H-1B visa holders to work.
In its motion to dismiss the case, DHS argues that the computer workers lack standing to sue because they have failed to demonstrate any actual and direct harm caused by the regulation, which is scheduled to take effect May 26.
“Indeed, they fail to submit a scintilla of documentary evidence supporting their claim that they have been injured,” DHS contends in its motion.
The lawsuit brought by the group, Save Jobs USA, asks the court to block the rule, claiming that its members will be harmed if the rule takes effect because they will now have to compete with H-4 spouses for jobs.
But DHS argued that the suit “asks this court to speculate as to how the as-of-yet not effective H-4 Employment Authorization Document rule might impact [Save Jobs USA]’s members, thereby requiring this court to engage in guesswork without the benefit of a tangible record or evidence to review.”
DHS also argues that it acted within the regulatory powers granted to it by Congress when it issued the regulation allowing H-4 work authorization.
BAL Comment: Unless the court acts soon to side with the complainant and halt the new regulation, the H-4 rule will be implemented by U.S. Citizenship and Immigration Services as planned on May 26.
Copyright © 2016 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.
