In immigration news this week:
- United States: EB-3 immigrant visa categories are immediately unavailable and will remain so through September 30, according to a State Department announcement. USCIS should continue to accept EB-3 adjustment of status filings that are current in the Visa Bulletins for August and September, but will hold them in abeyance until this category becomes current again.
- Israel: Multiple trips are now allowed under the STEP B-1 90-day work visa.
- Thailand: All initial and renewal work permit applications must now include a medical certificate.
- Ireland: A newly launched pre-clearance process aims to make it easier for Irish emigrants to return to Ireland with their de facto partners.
- Philippines: Applicants for the 47(a)(2) Special Non-Immigrant Visa seeking to start work during the processing of their long-term work visa must now apply for a Provisional Work Permit instead of a Special Work Permit.
- Russia: The government has clarified that employers must follow specific rules to document and ensure foreign workers are immunized against measles.
These items and other news from Australia, Ecuador, Israel, Kenya, Netherlands, Russia, Saudi Arabia, Switzerland, and the United Kingdom follow in this edition of the Fragomen Immigration Update.
Important Updates in Immigration This Week
Russia, August 22, 2019
Clarification of Employers' Obligations in Monitoring
Measles Immunization
- In response to the rising rate of measles across the region, the Russian government has clarified that employers must follow specific rules to ensure their foreign workers are immunized against measles, including by seeking proof of their employees' immunizations and maintaining the records until December 31, 2019.
- The government has issued a list of roles and occupations which cannot be performed by those who have not been correctly immunized.
- Employers who, during an audit, are found to have insufficiently documented a migrant worker's immunization status may be fined from RUB 10,000 to RUB 20,000 or be subject to an administrative suspension of the company's operations for up to 90 days.
To view entire article, click here.
Thailand, August 21, 2019
Medical Exam Now Required for Initial and Renewal Work
Permit Applications
- Effective August 19, 2019, all initial and renewal work permit applications to Thailand, including those filed under the Board of Investment (BOI) the Industrial Estate Authority of Thailand (IEAT) and the Petroleum Act, must include a medical certificate.
- Previously, applications filed under the BOI, IEAT and the Petroleum Act did not require the certificate.
- This will add an administrative hurdle for applicants under these schemes and could add an extra day to the in-country document-gathering process before a work permit application can be filed.
To view entire article, To view entire article, Multiple changes to Temporary
Residence Permit (TRP) and Permanent Residence Permit (PRP)
processes which were considered earlier this year will be
implemented November 1, 2019.
To view entire article,
click here. Philippines, August 21, 2019 To view entire article,
click here. Ireland, August 20, 2019 To view entire article,
click here. Israel, August 20, 2019 To view entire article,
click here. United States, August 19, 2019 To view entire article,
click here. Weekly News Briefs Australia: Global Talent Independent
Programme Announced – The Minister for Immigration,
Citizenship, Migrant Services and Multicultural Affairs announced a
new program - the Global Talent Independent (GTI) programme - that
will involve the Department of Home Affairs (DHA) recruiting up to
5,000 highly skilled migrants per year for Australia's high
growth industries. The DHA will scout from several overseas
locations, including Berlin, Dubai, Santiago, Shanghai, Singapore,
and Washington, and will work with the world's top
universities, professional associations and other institutions to
market the GTI programme to exceptional candidates. Fragomen has
provided input on the programme's design as part of the
Industry Advisory Group (IAG) that has been advising the Minister
and will provide further guidance about the new GTI programme when
additional information is available. Ecuador: Visa Exemptions Revoked for
Nationals of 11 Countries – Effective immediately, the
Ecuadorian government has revoked visa exemptions for nationals of
Angola, Cameroon, Democratic Republic of Congo, Gambia, Ghana,
Guinea, India, Iraq, Libya, Sri Lanka, and Syria who enter Ecuador
for tourism and business. Nationals of these countries must now
obtain a consular Tourist/Business Visa to enter Ecuador, which
typically allows an initial stay of 90 days, extendable in-country
for an additional 90 days at the discretion of immigration
authorities. According to the Ministry of Foreign Affairs, the visa
requirement has been implemented in response to the unexpected
increase in the number of nationals of these countries who have
entered Ecuador and overstayed their allowed stay during the last
few years. Israel: Processing Delay Expected Due to
Holidays – Government application processing will likely
be delayed between September 29, 2019 and October 22, 2019 due to
the upcoming holiday season. All public offices in Israel will be
closed September 29-30, October 1-2, 8-9 and 13-21 due to Rosh
Hashanah, Yom Kippur and Sukkoth. No appointments can be scheduled
for these dates. Israeli consulates will work with limited staff
and reduced opening hours during these dates. Applicants should
account for additional processing time and initiate processes in
advance. Fragomen worked closely with Kan-Tor & Acco Law Firm
to prepare this alert. Kenya: Work Permit Delays Expected Due to
Tax Certificate Issuance Delays – Initial and renewal
work permit applications are likely to be delayed for a prolonged
period of time as the Kenya Revenue Authority is not issuing Tax
Clearance Certificates (TCC). The TCC is a mandatory document that
must be submitted with initial and renewal work permit
applications; applications submitted without the TCC will be
rejected. This delay will have a large impact on renewal
applications as foreign nationals will be required to apply for a
TCC farther in advance of their work permit expiration than the
usual three months. The delay will have less of an impact on
initial applications as employers are required to renew their TCC
annually. Netherlands: New Startup Pilot Forthcoming
In 2020 – A new pilot program is expected to be launched
in 2020 which would help small startups hire skilled workers from
outside the European Union who do not meet the minimum salary
requirements necessary for a Highly Skilled Migrant permit in the
Netherlands. Companies are likely to be required to file an
application with the Dutch immigration authorities to use the
pilot, and admission to the program would be based on innovative
capital, financial capacity and shareholder structure. Companies
intending to use the pilot may not have more than 15 employees and
would only be able to hire five non-EU nationals under the pilot.
It is likely that the lowest salary threshold of the skilled
migrant scheme (EUR 2,364 per month) will apply. Further details,
including the qualifying criteria and the draft legislation, are
expected to be released between May-June 2020. Fragomen will
continue to report on further developments. Saudi Arabia: Mandatory Registration
Forthcoming for Employees in Finance and Accounting
Professions – The Ministry of Labour and Social
Development has issued a list of professions for which foreign
nationals must register with the Saudi Organization for Certified
Public Accountants before they can obtain approval for a work
permit in Saudi Arabia, starting August 31, 2019. There are 19
affected job titles in finance and accounting, including general
accountant; senior financial auditor; finance clerk; and director
of financial reports department. The other professions are listed
here. Registration is mandatory for those
foreign nationals who renew their existing work permits, those who
apply for new work permits, as well as those changing their job
title to one on the list. Switzerland: Increased Schengen Fees
Forthcoming – Starting February 2, 2020, Schengen visa
fees to Switzerland will increase from EUR 60 to EUR 80 for adults.
Switzerland will also introduce a mechanism to assess if visa fees
need to change every three years. In addition, a series of changes
to make the visa application process easier and more streamlined
will be introduced. For example, multiple-entry visas with longer
validity periods may become available for frequent travelers and
additional provisions will be made for touring athletes and
artists. Switzerland is the first Schengen Member State to raise
fees for this visa type; other countries may also raise fees
following the European Council's formal adoption of revised rules on Schengen visas
earlier this year, which allows Schengen Member States to introduce
more flexible procedures and increase the visa fee by EUR 20. United Kingdom: Official Migration
Statistics Inaccurate – The Office for National
Statistics (ONS) has released the official Migration Statistics
Quarterly Report for August 2019 (the report typically
used by the UK government to formulate migration policy). However,
the ONS has confirmed that it may have under-estimated
levels of migration from the Czech Republic, Estonia, Hungary,
Latvia, Lithuania, Poland, Slovakia and Slovenia; and
over-estimated migration from outside the European Union. As a
result, ONS statistics have been downgraded and reclassified as
'experimental' and further analysis of the correct figures
is expected. The exact figures are not yet clear, but the ONS
estimates that net migration until March 2019 may have been 16%
higher than previously estimated. Although there is concern over
the accuracy of previous figures, EU net migration has continued to
decrease since 2016 as a result of Brexit, adding to employer
concerns over
staffing issues and labor shortages in the longer term. The
government has not committed to the previous government's aim
to reduce net migration to the tens of thousands, suggesting that
increased migration may be required to fill labor shortages after
Brexit. This alert is for informational purposes only. If you have
any questions, please contact the global immigration professional
with whom you work at Fragomen. The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Provisional Work Permit Replaces Special Work Permit for
Work Visa Applicants
New Pre-Clearance Process Launched for de Facto Partners of
Irish Citizens
Multiple Trips Now Allowed Under STEP Visa
EB-3 Unavailable Through September 30