Bulgaria: New Notification and Document Retention Requirement for Foreign Employers Seconding Employees

Foreign employers seconding employees to Bulgaria must comply with new notification and document retention rules by February 10, 2017.

Notification Rule Details

Foreign employers seconding employees to Bulgaria must file a form with the Labor Inspectorate by February 10, 2017. The foreign employer may authorise the Bulgarian host entity to file the form on its behalf through a representative employee.

US: President Trump Expected to Suspend Entry of Foreign Nationals from Seven Countries

President Donald J. Trump is expected to sign an executive order that will suspend the entry of foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen to the United States for a period of 30 days, according to a published draft of the order. The executive order is also expected to suspend a worldwide program that exempted certain visa renewal applicants from consular interviews.

The executive order is expected to be issued Thursday, though it could be delayed.  The following information is based on Fragomen’s analysis of the published draft.  The final order could differ.

Bolivia: Foreign Nationals Must Complete Mandatory Registration Process by April 2017

Foreign nationals currently living in Bolivia (with or without a visa) must register online before immigration by April 2017, according to a new immigration policy implemented due to increased security efforts.

Registration Details

Foreign nationals must complete an online form on the immigration authority website and take it to the immigration authority office to submit fingerprints and take a photograph.

UK: Allocation Of Certificates Of Sponsorship Open

UK Visas & Immigration (UKVI) have advised that sponsors are now able to apply to renew their allocation of Certificates of Sponsorship (CoS) in Tier 2 (General) .

The present allocations will expire on 5th April 2017.   

Some sponsors’ allocations will be "automatically renewed”, in which case nothing is required from the sponsor.  

However, UKVI will contact other sponsors via email three months before 5th April 2017, and monthly thereafter, by way of reminder

UK: Criminal Record Certificate Requirement for Entry Clearance Process to be Extended

Tier 2 visa applicants who are applying to work in certain occupations within the education, health and social care sectors on or after April 2017 will need to provide a criminal record certificate from any country in which they have lived for 12 months or more in the past 10 years as part of their entry clearance application. The requirement will also apply to their adult dependants. The new requirement may delay documentation gathering during the entry clearance process.

Saudi Arabia: Labour Market Testing Period Extended

Effective immediately, job advertisements posted by employers on the Taqat jobs portal must remain posted for at least 45 days, up from the previous 14-day requirement, unless a suitable candidate has been identified earlier, according to an announcement by the Ministry of Labour and Social Development.

The labour market verification period was extended to increase an employer's chances of finding an appropriate Saudi candidate.

US: Reminder - New Edition of Form I-9 Becomes Mandatory On January 22

USCIS’s revised edition of the I-9 employment eligibility verification form, dated 11/14/16, will become mandatory for employers on January 22, 2017. Until that date, employers may continue to use the version dated 03/08/13.

The new edition, which was released in November, does not change the key substantive questions on Form I-9 or the list of acceptable identity and work authorization documents, but it contains some format changes that are intended to reduce completion errors when the form is filled out on a computer. 

US: USCIS Finalizes International Entrepreneur Parole Program

Under a new final regulation published on 17th January 2017, international entrepreneurs who have established a business in the United States, demonstrate significant U.S. funding and show that their business has substantial potential for rapid growth and job creation will be eligible to apply for up to five years of authorization to stay in the United States. The rule is slated to take effect on July 17, 2017.

US: USCIS Job Portability Rule Takes Effect

A new USCIS regulation intended to ease restrictions on job mobility for foreign workers awaiting employment-based permanent residence took effect on 17th January 2017. The new rule also establishes grace periods for non-immigrant workers before and after their employment, and provides automatic work authorization extensions to adjustment applicants and certain other classes of foreign nationals who have timely filed for renewal of an employment authorization document (EAD).

Panama: New Consular Visa Exemption Eliminates Exemption for EU and Schengen Visa Holders

A new decree replaces the current Consular Visa exemption with a new one only for those holding a valid Australian, Canadian, UK or U.S. multiple-entry visa valid for at least one year from the date of entry and used at least once, for stays up to 30 days initially, renewable twice for 30 days each stay through an in-country process. The previous exemption, allowing EU or Schengen country visa holders to qualify for the exemption as well, has been eliminated.

Thailand: One Stop Service Centre Visa Renewal Applications to Require 2016 Income Tax Form Starting February 1

On or after February 1, 2017, the One Stop Service Centre will only accept Personal Income Tax Return for 2016 (PND 91) to support long-term visa renewal applications.

Applicants may still use their 2015 PND 91 to support applications until February 1.

These changes do not apply to employees of companies registered under the Board of Investments.

Belarus: New Visa Exemption Created for Business Visitors

On or after February 12, 2017, nationals of 80 countries – including all EU Member States, the United States, Brazil, Indonesia and others – will be eligible for a visa-free business and tourist stay up to five days if they enter through the Minsk National Airport.

Required Documentation for Entry

Eligible entrants must present the below documents to enter under the exemption:

  • A valid passport or other valid travel document;

  • Proof of at least EUR 25 (or equal amount in dollars or Belarusian rubles) for each day of stay;

  • Proof of medical insurance with coverage of at least EUR 10,000 in Belarus.

US: USCIS Proposes Significant Increase in EB-5 Investment Minimums and Other Program Changes

In a proposed rule published today, U.S. Citizenship and Immigration Services is seeking to make significant changes to the EB-5 immigrant investor program, including higher investment minimums and exclusive federal authority to designate Targeted Employment Area (TEAs), the rural and high-unemployment areas that qualify for EB-5 investment at lower thresholds.

Key provisions of the proposal are summarised below.  USCIS is accepting public feedback on the rule through April 11, 2017.

India: Biometrics Requirement Introduced in Austria and San Francisco

According to a change in practice, foreign nationals seeking Indian visas in Austria will be required to visit an Indian visa application center to submit an Indian visa application on or after January 23, 2017. Additionally, foreign nationals filing in-person Indian visa applications in San Francisco must appear for biometrics at an Indian visa application center and must secure an appointment prior to visiting the application center.

Ireland: Critical Skills Employment Permit Policy Restricted

Critical Skills Employment Permit (CSEP) holders cannot apply for a Stamp 4 which allows them to work without company sponsorship unless they have completed the requisite two years under their current CSEP. 

Previously, CSEP holders could add up time spent on multiple CSEPs to meet this requirement.

Background

Until recently, CSEP holders could apply for a Stamp 4 after two years, regardless of the number of CSEPs the foreign worker held during the previous two-year period.

Panama: Temporary Identification Card and Tourist/Business Visitor Visa Now Have Shorter Validity Periods

The Panamanian government has issued an executive decree that implements a new validity period for temporary identification cards and tourists' and business visitors' stays.

Temporary Identification Card Validity Period

Temporary or permanent residence applicants will be issued a temporary identification card with a six-month validity period, instead of the previous one-year validity.

The temporary identification card serves as proof of status while the residence permit is being processed, which can take three to four months

Asia: Lunar New Year to Cause Government Closures and Travel Delays

Millions of people are expected to travel throughout East and Southeast Asia during the Lunar New Year holiday season, which falls on January 28, 2017. Travel-related delays and government office and business interruptions will peak January 27 to February 1, and could last longer in Taiwan, Vietnam and China, where the holiday will be celebrated through February 2.

USA: February 2017 Visa Bulletin: Some Advancement in Final Action Dates for EB-2 China, EB-3 India and China

According to the State Department’s February Visa Bulletin, immigrant visa availability dates for final action will advance by one month for EB-2 China, to November 15, 2012, while EB-2 India will remain at April 15, 2008.

The EB-3 subcategory for professionals and skilled workers will advance by three weeks for China, to October 1, 2013; one week for India, to March 22, 2005; nearly three months for the Philippines, to October 15, 2011; and two months for all other countries, to October 1, 2016. The EB-3 other worker subcategory will advance by one week for India, to March 22, 2005; nearly three months for the Philippines, to October 15, 2011; 

Peru: New Law to Simplify Immigration Categories, Allow Spouses to Work, Among Other Changes

A new law effective March 1, 2017 will reorganize Peru’s immigration categories into temporary and resident categories, will allow foreign nationals to work in the public sector, and will relax travel bans but create new fines for foreign nationals violating immigration laws, among other changes.

New Immigration Category: Temporary Workers

The immigration category for temporary workers is meant for short-term workers. It includes the following key subcategories, among others:

Israel / US: Investor Visa For U.S. Citizens Forthcoming

American investors will soon be eligible for a new B-5 investor visa, following Israel’s acceptance of the terms of the U.S. E-2 visa regulations. Israeli government officials have advised that B-5 visa regulations and procedures should be published by March 2017. The regulations are expected to have terms and conditions reciprocal to the U.S. E-2 visa.