RELO NEWS
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.
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
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;
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:
Long-term work visa holders in the Philippines who have been issued Alien Certificate of Registration identity cards (ACR-I Cards) indicating "Worker" or "Treaty Trader" status – including but not limited to holders of 9(g) Pre-arranged Employment and 9(d) Treaty Trader work and dependent visas and Section 13 immigrant visas – must appear (personally or through a representative) at the Bureau of Immigration (BI) office and complete their annual report between January 4 and March 3, 2017.
Foreign nationals working in Portugal must earn at least EUR 557 per month, effective January 1, 2017, a five percent increase from last year's salary threshold. The new salary threshold applies to foreign nationals currently working in Portugal and to those with pending applications.
Portugal typically adjusts its minimum salary threshold on an annual basis. The same salary requirement applies to all workers, including EU nationals and third-country nationals hired locally in Portugal and those on international assignments.
On December 26, 2016, The Ministry of Labour and Social Policy launched a new online portal to accept mandatory notifications from EU and non-EU employers seconding employees to Italy.
Employers are also required to report any updates to their employees’ information within five days of the change, maintain employee documentation for up to two years after the assignment end date, and appoint a company representative.
Following an April decree, the Ministry of Labour – Invalids and Social Affairs (MOLISA) has published related guidelines, which are effective immediately.
Notably, the guidelines address the new Short-Term Work Permit exemption and new documentary requirements for experts and specialists submitting Work Permit applications, among other changes. Implementation details remain subject to change and may differ among cities/provinces.
Employers can no longer transfer an Employment Pass (EP) holder to a related company in the case of a merger or acquisition without the new employer submitting a new EP application, according to a policy change announced by the Ministry of Manpower (MOM).
Once the new EP is approved, the previous employer can cancel the old EP, without re-advertising the role in the job bank.
Previously, employers could transfer an EP holder to a new company without a new EP application.
USCIS has determined that, next month, it will only accept employment-based adjustment of status applications from foreign nationals with a priority date that is current for final action under the State Department’s January Visa Bulletin.
Employment-Based Priority Date Cut-offs for January 2017
To be eligible to file an employment-based adjustment application in January, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.
To comply with the EU Directive on intra-company transferees (ICTs), a proposed law that is set to be implemented in the coming weeks will introduce the new EU ICT Work Permit for non-EU foreign qualified managers and specialists and graduate trainees with at least a Master’s degree sent from a company outside the European Union to an entity in the same corporate group in Luxembourg for a period of more than 90 days.
On or after January 1, 2017, non-European Economic Area nationals applying for work and/or residence authorization will be subject to higher minimum salary levels.
Knowledge Migrant Salary Threshold
Highly-skilled Knowledge Migrants will be subject to new minimum gross monthly salary requirements as follows (excluding holiday pay):
Applicants over 30: EUR 4,324 (approximately USD 4,515), up from EUR 4,240;
Applicants under 30: EUR 3,170 (approximately USD 3,310), up from EUR 3,108; and
Applicants who already possess or fulfill the requirements of an Orientation Year permit: EUR 2,272 (approximately USD 2,373), up from EUR 2,228.
Third-country nationals who are considered to have in-demand skills are now eligible for a new expedited two-to-three week Single Permit processing time, instead of the normal processing time of up to 14 weeks. Currently, expedited processing is only available to nationals of a neighbouring country of Hungary, however the list of eligible nationals may be expanded to all third-country nationals.
The FY 2018 H-1B cap season will begin on Monday, April 3, 2017
Though the opening day of the filing period is still several months away, it is not too early for your organisation to begin assessing H-1B needs and working with your immigration team to begin the process.
Demand for new H-1Bs reached unprecedented levels last season and is expected to remain high in the FY 2018 season. For FY 2017, USCIS received 236,000 petitions against the annual quota of 85,000.
Companies registered with the Expatriate Services Division (ESD) who plan to submit Professional Visit Pass (PVP) applications in 2017 are required to submit projections for the number of foreign nationals they wish to sponsor under PVPs. ESD introduced the requirement on December 5, 2016.
PVP applications filed in 2016 are exempt from this requirement.
The Temporary Foreign Worker Program has undergone several changes aimed at increasing access to the program, according to an announcement by the Minister of Immigration, Refugees and Citizenship and the Minister of Employment, Workforce Development and Labour.
Notable changes include the following:
Elimination of the four-year cumulative duration rule, effective immediately. This rule limited work for some workers in Canada to four years, specifically...
The Hong Kong Security Bureau is imposing stricter entry requirements for Indian nationals entering Hong Kong for business and tourism on or after January 23, 2017. Indian passport holders – who are currently allowed to enter Hong Kong without a visa for up to 14 days – will be required to complete an online pre-registration called a Pre-Arrival Registration (PAR) prior to travel. The new measures are meant to address the increasing number of Indian economic migrants who enter Hong Kong illegally.
In an effort to ease the administrative burden on sponsors of foreign workers and align UK immigration obligations with document retention obligations imposed on UK employers, UK Visas and Immigration (UKVI) has reduced the period of time for which sponsors must retain documents for their sponsored migrant workforce.
Specifically, sponsors must abide by the below new document retention rule, whichever is shorter:
