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Travelers should expect delays at ports of entry on the U.S.-Canada border Sept. 2-5 due to the Labor Day weekend. The holiday is celebrated in both countries.
Travelers are advised to cross the border as early as possible and consider entry routes that are less popular. For advisories and wait times at border crossings, travelers may use the U.S. Customs and Border Protection Border Wait Times tool or check the Canada Border Services Agency wait times website.
Travelers enrolled in Trusted Traveler programs, including NEXUS, SENTRI and Global Entry, can take advantage of expedited processing at ports of entry. While enrollment in these programs takes several months and cannot be obtained prior to the holiday, travelers should consider applying at the Global Online Enrollment System’s registration page to expedite future travel.
BAL Analysis: Travelers crossing the U.S.-Canada border over the Labor Day weekend should expect delays due to high traffic volume.
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.
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About Berry Appleman & Leiden LLP Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seven offices across the U.S. and from offices in Geneva, London, Melbourne, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
Source: Berry Appleman & Leiden LLP
U.S. Citizenship and Immigration Services has proposed a new rule aimed at making it easier for certain foreign entrepreneurs to obtain temporary permission to be in the United States to start or grow a business.
Key points:
Background: The International Entrepreneur Rule, as it is called, is part of President Barack Obama’s executive actions on immigration, which were outlined in November 2014. USCIS Director León Rodríguez said the rule, when finalized, will help the economy by providing additional immigration options for foreign entrepreneurs who meet criteria for growth and job creation.
BAL Analysis: When finalized, the rule will provide a new path to the U.S. for foreign entrepreneurs who can demonstrate that their start-up can generate investment and create jobs. The key for applicants will be to demonstrate that their continued stay in the country will create a “significant public benefit,” as described above. Those with questions or who want to participate in the 45-day comment period should contact their BAL attorney as soon as possible.
IMPACT – HIGH
What is the change? A labor strike by Brazil’s Foreign Ministry employees has cut operating and staffing capacity to 30 percent at consulates in the U.S. and Canada and will disrupt services at Brazilian consulates around the world.
What does the change mean? Visa applicants should expect reduced services and longer processing times. The strike will last for an indefinite period of time as negotiations over wages continue.
Background: Workers at the Foreign Ministry in Brazil began the strike on Monday over wages and housing allowances. Brazilian consulates are working at reduced capacity with diminished staffing. Consulates in Atlanta, Chicago, Houston, Montreal, San Francisco and Vancouver have confirmed that they are operating at 30 percent of capacity. Additional consulates may observe the strike in coming days.
BAL Analysis: All visa applicants should anticipate longer processing times and delays in services for the duration of the strike. BAL is following the developments and will report any changes or resumption of normal processing.
This alert has been provided by the BAL Global Practice group in Brazil. For additional information, please contact brazil@bal.com.
U.S. Citizenship and Immigration Services has announced that certain immigration-related benefits are available to foreign nationals who can show that they have been affected by the recent storms and flooding in Louisiana.
Some of the available measures include:
Background: USCIS extends certain immigration-related benefits to foreign nationals in the U.S. when unforeseen disasters occur. Massive flooding in southern Louisiana in the past week has killed 13, stranded tens of thousands and damaged 40,000 homes. The Red Cross has called it the worst natural disaster in the U.S. since Hurricane Sandy.
A full list of benefits and instructions for submitting a request are available on the USCIS webpage for special humanitarian assistance.
BAL Analysis: Affected foreign nationals should be aware of the temporary relief measures and filing requirements to avail themselves of the benefits.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
SINGAPORE (Aug. 19, 2016) – Manpower minister issues statement on employment pass abuse
Minister of Manpower Lim Swee Say responded Tuesday to a question from Parliament asking how a well-known restaurant chain was able to secure 20 employment passes based on false salary declarations and what safeguards are in place against employment pass abuse.
In a written response, Say explained the tools the agency uses when it suspects false statements on applications, including seeking independent verification of an employee’s qualifications, requesting additional proof that the employer is able to pay the salaries, and/or auditing the employer.
“Strong action is taken against those who make false declarations in work pass applications,” including fines of up to $20,000, two years of jail and a ban on hiring or renewing work passes, Say added.
Regarding the specific case, Say said that the 20 passes were approved because they initially met all criteria. Later, when the salary declarations were found to have been inflated, the employee who made the declarations was convicted and fined $40,000.
Companies that exhibit signs of unfair employment practices will be more closely scrutinized when applying for employment passes, and if they do not take corrective action, the government may suspend work pass privileges, Say said.
BAL Analysis: The Ministry of Manpower has been actively prosecuting false work pass declarations, having convicted 58 employers since 2014. The question to Say indicates that Parliament is also interested in the issue of employment pass abuse. Employers should review their policies to ensure they are in compliance with all immigration rules and regulations.
This alert has been provided by the BAL Global Practice group in Singapore. For additional information, please contact singapore@bal.com.
IMPACT – MEDIUM
What is the change? The General Directorate of Residence and Foreign Affairs in Dubai is strictly enforcing mandatory electronic filing of dependent visa applications through the e-Vision portal.
What does the change mean? Families applying for dependent visas should expect delays, as e-Vision filing requires additional documents, including the employee’s original Emirates ID, bank account number, legalized marriage and birth certificates, and the reliance on courier services to collect documents – all of which may cause delays.
Background: The e-Vision platform, which was introduced in April to relieve long queues at the directorate, offers standard and express procedures. Under standard processing, the directorate sends its courier to collect documents. Under the express option, for an additional government fee the employee may file the dependent family members’ documents in person at the directorate (or send a representative).
BAL Analysis: Because many typing centers have not transitioned to the e-Vision system, applicants should prepare for delays.
Priority cutoff dates for India EB-2 and EB-3 preference categories will advance moderately, while cutoff dates for China EB-2 and EB-3 will not change from last month, according to the State Department’sSeptember Visa Bulletin.
The EB-1 cutoff date of Jan. 1, 2010 that was established last month for China and India will remain in place in September.
Key advancements:
Aside from China and India, all other EB-1 categories will remain current. Other categories not mentioned above will remain unchanged from last month.
Additional notes: As September is the last month of the fiscal year, visa numbers are typically running low. New visa quotas will be available Oct. 1, and all EB-1 categories as well as EB-2 categories for all countries except China and India are expected to become current at that time.
Application Final Action Dates for Employment-Based Preference Cases:
The State Department also released its Dates for Filing chart for September 2016. Applicants seeking to file for adjustment of status are reminded that the Dates for Filing chart does not take effect unless USCIS confirms it via a web posting in the coming week. To date, USCIS has not allowed applicants to use the Dates for Filing chart for filing adjustment of status applications.
What is the change? On Monday, the British consulates in the U.S. will introduce a pilot program to significantly streamline the U.K. visa application process for visitors and points-based applicants, such as skilled workers, intracompany transfers, students and investors.
What does the change mean? Visitor and points-based visa applicants applying in the U.S. at a British consulate or through a Premium Application Centre will generally only need to submit their passport, first page of their application and priority receipt. Supporting documents will not need to be submitted in most cases.
Background: The consulates are seeking ways to make the process more efficient ahead of the peak season. Under the pilot program, visitor visa applicants only need to submit the passport, front page of the online application form and priority receipt. They will not need to submit supporting documents, except for an applicant’s criminal convictions or a child’s birth certificate and parental permission.
Visa applicants under all points-based categories, such as Tier 2 skilled workers or intracompany transfers, should submit only the passport, first page of the online application form, and priority receipt (and Academic Technology Approval Scheme certificates where required for Tier 4 students). Some foreign nationals may need to include proof of English skills and sufficient funds. Degree certificates, NARIC letters and criminal convictions may be submitted. Family dependents should submit copies of marriage and birth certificates as supporting documents.
BAL Analysis: The trial program is a welcome initiative that should greatly reduce duplicate filings and administrative headaches for employer sponsors and individuals, especially as the busy season approaches.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
The United States Embassy in London is opening an enrollment center for a 60-day period for U.K. citizens applying for the Global Entry program. The trusted traveler program allows preapproved, low-risk travelers to avoid long immigration queues at participating airports and use automated kiosks instead. Global Entry interviews are normally only available at enrollment centers that are primarily located at U.S. airports.
Key dates and details:
Background: The U.K. was added to the Global Entry program in December. Members benefit from expedited clearance at 49 U.S. airports. The U.K. Home Office application fee is £42, and the U.S. government fee is $100 for a five-year membership.
Under a reciprocal agreement, U.S. citizens who are frequent travelers to the U.K. are eligible to apply for the U.K.’s Registered Traveller program, which allows members to use automated gates in the U.K. The U.K. government application fee is £70 with an additional £50 per year thereafter.
BAL Analysis: During the temporary enrollment period, London will be a convenient location for U.K. applicants. Individuals wishing to attend their interview in London are encouraged to schedule their appointments as soon as possible for the popular program.
The Centers for Disease Control and the state of Florida have issued a travel advisory for a Miami neighborhood where several cases of Zika spread by mosquitoes have been confirmed.
The advisory applies to people who have lived in or traveled to the Wynwood neighborhood of Miami any time after June 15. This is the first time the CDC has advised against travel to any part of the continental U.S.
Background: The advisory was issued Monday following 10 new infections and a continued risk that mosquitoes are spreading the Zika virus in the area. Zika can be spread among humans through sexual contact, and pregnant women can transmit the virus to their babies. In April, the CDC confirmed a causal link between Zika and microcephaly in newborns, a condition that inhibits brain development.
BAL Analysis: Individuals intending to travel to the affected Florida area should read the full CDC advisory that covers travel, testing and other recommendations.
The filing period ends Aug. 8 for F-1 students currently holding 17-month STEM OPT extensions who wish to apply for a seven-month extension under the new regulations.
Key dates and criteria:
Background: Under previous rules, F-1 students who receive science, technology, engineering or mathematics (STEM) degrees were eligible for an extension of the initial one-year Optional Practical Training (OPT) period for a 17-month “STEM OPT extension.”
In March, a new regulation enhanced the STEM OPT program, including lengthening of the STEM OPT extension from the current 17-month period to 24 months. The rule provided for a filing period that began May 10 and ends Aug. 8 for current holders to lengthen their STEM OPT extension for the additional seven months.
BAL Analysis: BAL is working with employers and F-1 students to file extension applications for eligible STEM OPT holders to take advantage of the longer period of work authorization.