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The Justice Department is set to increase the civil penalties for a number of immigration-related violations, including unlawful employment of aliens, paperwork violations and unfair employment practices. The new penalties will take effect Monday.
Key points:
Background: The rule was drafted pursuant to the Bipartisan Budget Act of 2015, which was signed into law Nov. 2 and altered the method for adjusting penalties for inflation. Minimum and maximum penalties will increase for a host of violations.
The interim final rule, which includes a table of penalties for all immigration-related violations, can be read in the Federal Register.
BAL Analysis: The increase in penalties highlights the importance of remaining in compliance with all immigration-related laws and regulations. The new penalties will be imposed beginning Monday, but will apply to any violation that occurred after Nov. 2, 2015.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@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.
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.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
Beginning today, Colombian nationals may apply for the Global Entry Program, a trusted-traveler program that allows preapproved, low-risk travelers to use automated kiosks when clearing immigration at designated airports rather than having to wait in line.
Colombia is the first South American country to be included in the program.
Background: Colombia is the eighth country to join the Global Entry program. Global Entry members bypass manned immigration inspection queues at entry points and undergo automated clearance at 59 U.S. and international airports, significantly reducing wait times upon arrival.
Details on how to enroll are available at the Global Online Enrollment System website.
BAL Analysis: Colombian nationals who are frequent travelers will benefit from the program, as their entry clearance will be expedited at dozens of airports. Global Entry members may also benefit from TSA security prescreening at designated international airports before boarding a flight to the U.S. Travelers are reminded that Global Entry does not ensure admission and they must still secure an appropriate visa before travel.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
IMPACT – MEDIUM
What is the change? U.S. nationals are now exempt from a recently introduced requirement that visitors purchase medical insurance during the visa application process.
What does the change mean? The insurance purchase step has been removed for U.S. citizen applicants during the online application process.
Background: The Saudi government introduced the mandatory insurance purchase last month for all short-term visitors. During the online application process, applicants must purchase an approved insurance policy before submitting their visa application. The purpose of the rule is to cover foreign visitors for emergency care or injuries during their stay. After receiving significant feedback from U.S. national travelers and their U.S.-based employers, Saudi authorities have granted U.S. nationals an exemption from this requirement.
BAL Analysis: The exemption removes a step and a cost in the visa process for U.S. nationals and family members making short-term visits to Saudi Arabia.
The Department of Justice asked the Supreme Court on Monday to rehear a case in which it split 4-4 over President Obama’s programs to allow millions of undocumented immigrants to stay in the country and apply for work authorization. The programs are currently blocked by a lower court ruling.
Background: In May, an evenly divided Supreme Court affirmed a ruling by the U.S. Court of Appeals for the 5th Circuit blocking Obama’s plans to expand the Deferred Action for Childhood Arrivals (DACA) program and create a similar program, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).
BAL Analysis: The administration’s request for a rehearing is considered a longshot. The filing acknowledged that it is “exceedingly rare” for the Court to grant rehearing, but said that in cases involving a vacancy the Court has granted rehearings more frequently. While the May ruling was a significant defeat for the Obama administration and supporters of his immigration programs, it did not impact the administration’s immigration policies related to high-skilled workers.
The U.S. State Department on Saturday said U.S. citizens should reconsider traveling to Turkey after a failed coup left dozens dead in Ankara, Istanbul and other parts of the country. The U.S. Embassy in Ankara said U.S. citizens in Turkey should only leave their residences for essential errands or business.
Background: A faction of the Turkish military attempted a coup against President Recep Tayyip Erdoğan’s government late Friday. The attempt was unsuccessful and thousands of alleged conspirators were arrested over the weekend. The embassy said the “situation in Turkey remains fluid” and advised U.S. citizens to leave their residence or hotel only for essential business.
BAL Analysis: Companies that have not already done so should be sure they can account for all employees in Turkey. Employers in need of urgent immigration services or who plan on moving personnel into or out of Turkey at this time should contact their BAL attorney.
The U.S. Embassy in France urged travelers to exercise caution while in France and other parts of Europe, and French President François Hollande indicated that border controls would be strengthened after an attack in Nice that killed 84 people.
Background: The statements Friday followed a late-night attack in Nice where a man drove a truck through crowds of people gathered to celebrate Bastille Day. The Embassy reiterated many of the points from a May 31 Europe Travel Alert, which warned of potential attacks at large public gatherings including the European Soccer Championship in Paris, which ended this past weekend, and the Catholic Church’s World Youth Day events, scheduled to be held in Poland later this month. President Hollande indicated that he intended to strengthen border controls, but provided few specifics. He said he planned to submit a bill to Parliament next week to extend the state of emergency.
BAL Analysis: Travelers should exercise caution when abroad, especially in areas or at events which officials believe could be vulnerable to attack. Employers may wish to encourage their employees to enroll in the Smart Traveler Enrollment Program, a free service that provides updated security information and allows Americans to register their trips abroad with the closest U.S. embassy or consulate. Though airports and train stations remain open in France, delays are possible, especially if France increases border patrols in the weeks ahead.
This alert has been provided by the BAL Global Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
What is the change? A streamlined visa application called “Access UK” has launched for individuals applying in the United States for U.K. visitor visas.
What does the change mean? The system has several improvements, including a more concise form, online payment, online biometric appointment booking, translations into more languages, mobile-device compatibility, and integration with priority and super-priority services.
Background: After a successful introduction in China and India, Access UK is being introduced in additional countries, including the U.S. The system has also recently been introduced to applicants in the Philippines, South Africa, Thailand and Turkey, and to visitors in the U.K. who want to extend their visas. It is expected to be available worldwide by the end of the summer.
Visitor visa applicants may use Access UK to fill out the application form, book a biometrics appointment and pay the government processing fees using standard service, priority or super-priority visa service where available. The application forms are available in several languages, including Arabic, Chinese, Russian, Thai, Turkish, Urdu and more to be added, although the form must be filled out in English.
BAL Analysis: The new online system will simplify the application process for visitors, including business travelers, allowing them to complete all necessary steps through a single portal rather than having to navigate multiple websites.
What is the change? European leaders are meeting in Brussels to discuss the European Union’s visa waiver program for U.S. and Canadian nationals and to set out their position on a possible suspension of the visa waiver. In April, facing a legal deadline, the European Commission set a July 12 deadline for the Parliament and Council to take a position on the matter.
What does the change mean? The issue is that the EU has lifted visa requirements for U.S. and Canadian nationals while the U.S. and Canada have not fully reciprocated for all EU nationals. Canada continues to require visas for nationals of Bulgaria and Romania, and the U.S. continues to require visas for nationals of Bulgaria, Croatia, Cyprus, Poland and Romania.
In a joint statement Monday, the European Commission and Canada’s Immigration Minister announced that Canada will inform the EU in early autumn on its assessment and timelines for lifting visas for Bulgaria and Romania. The two Eastern European countries have threatened to veto a pending Canada-EU trade agreement unless Canada lifts visas for their citizens.
Background: According to EU law, full reciprocity is required under visa-waiver agreements, and a process is in place to suspend a visa waiver agreement when a country does not fully reciprocate on visa waivers. Under U.S. and Canadian law, however, countries are only permitted to participate in their visa-waiver programs if they meet certain criteria, such as low visa refusal rates, which the excluded countries do not yet meet.
BAL Analysis: A suspension of the visa waiver for U.S. or Canadian nationals is unlikely because of the serious negative economic, logistical and political consequences to Europe, as outlined in the European Commission’s April report.
It appears that Canada will continue to work toward lifting visa requirements and delay its assessment until fall, and it is hoped that the U.S. and the EU will also reach an agreement that avoids suspension of visa waivers. BAL is following the commission’s meetings and will report developments on this issue.
Cutoff priority dates will be imposed in the China EB-1 and India EB-1 employer-based categories, according to the State Department’s August Visa Bulletin. Cutoff priority dates will also be imposed in all EB-2 categories. Other categories will advance modestly or remain the same.
Key movements:
Other categories will not advance or retrogress. All EB-1 categories other than China and India will remain current.
Additional notes: The imposition of cutoff priority date in EB-1 and EB-2 categories that are typically current is being undertaken to control the number of visas issued between now and the end of the fiscal year on Sept. 30, as the number of available immigrant visas is dwindling. The number of immigrant visas will increase again under the fiscal year 2017 annual limits beginning Oct. 1. China EB-1, India EB-1, and EB-2 for all countries except India and China are expected to become current again at that time.
Application Final Action Dates for Employment-Based Preference Cases:
The State Department also released its Dates for Filing chart for August 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.