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IMPACT – MEDIUM
What is the change? The United Kingdom has declared coronavirus a “serious and imminent threat to public health,” giving officials in England authority to detain, screen and isolate individuals who may have been exposed to the virus. Currently, passengers from flights that returned from Wuhan, China are under quarantine for a 14-day period.
Background: The U.K. designated coronavirus a “serious and imminent threat” on Monday. So far, the measures the government has taken will only apply in England, not Scotland, Wales or Northern Ireland. The Secretary of State has designated two locations, Arrowe Park Hospital and Kents Hill Park, as “isolation” facilities; the secretary has also declared Wuhan and Hubei Province as “an infected area,” meaning travelers from this area may be subject to screening or quarantine. The U.K. has temporarily closed visa application centers in China.
Analysis & Comments: While the action the U.K. has taken is not as drastic as what some other countries have implemented, it nevertheless represents a significant escalation of the country’s response to the coronavirus. Travelers who have been to Wuhan or other parts of Hubei Province should expect delays and the possibility of quarantine. The response to coronavirus continues to evolve rapidly. Deloitte will alert clients to any important developments as additional information becomes available.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
IMPACT – HIGH
What is the change? Malaysia has stepped up travel restrictions in an effort to stop the spread of coronavirus.
What does the change mean? Authorities will deny entry to Peninsular Malaysia to anyone who has been in Hubei, Jiangsu or Zhejiang provinces in the past 14 days. Entry will also be denied to People’s Republic of China (PRC) passport holders who were born in or had their visa issued in any of the three provinces. Previously, the ban only covered Hubei Province. Authorities in East Malaysia (Sabah and Sarawak) will ban entry to all PRC passport holders, regardless of where they are traveling from, and to all travelers from mainland China, regardless of nationality.
Analysis & Comments: Employers should be aware the entry restrictions. The response to the coronavirus is evolving rapidly, and Deloitte will alert clients to additional changes or restrictions as information becomes available.
The Labor Department has posted processing times current as of Jan. 31 for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: The department has announced that it is now adjudicating applications filed in October and earlier, is conducting audit reviews on applications filed in May and earlier, and is reviewing appeals for reconsideration filed in August and earlier.
Average PERM processing times in December:
PWD Processing: The National Prevailing Wage Center was processing PWD requests filed in October and earlier for H-1B cases and September and earlier for PERM cases. Redeterminations were being considered on appeals filed in December and earlier for H-1B cases and for PERM cases. The department reported it had no center-directed reviews pending for H-1B or PERM cases.
Average times for issuance of prevailing wage determinations in December:
The Labor Department reports PERM and PWD processing time frames on its iCERT page.
BAL Analysis: BAL’s internal case tracking is consistent with the Labor Department’s published processing times. BAL is seeing approvals for PERM applications filed in October and earlier, and is seeing PWDs for requests filed in October and earlier for H-1B cases and September and earlier for PERM cases.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2020 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.
What is the change? The government has banned entry for all foreign nationals traveling from, or transiting through, mainland China.
What does the change mean? Residents of mainland China, as well as foreign nationals who have traveled in or transited through mainland China since Feb. 2, are barred from entering New Zealand.
Implementation time frame: The restrictions took effect Feb. 2 and will remain in effect until they are lifted by the New Zealand government.
Analysis & Comments: The government has suspended entry for all foreign nationals traveling from or transiting through mainland China since Feb. 2. Further, it has temporarily closed the Immigration New Zealand office in Beijing. Employers should expect significant mobility delays for employees and business visitors coming from or via mainland China. The response to the coronavirus continues to evolve, and Deloitte will alert clients to additional changes or restrictions as information becomes available.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? India has canceled all visas for Chinese nationals globally, as well as for foreign nationals in mainland China.
What does the change mean? E-visas and regular visas previously issued are no longer valid for foreign nationals currently residing in China or Chinese nationals globally (with the exception of passport holders from Hong Kong, Macau and Taiwan). Additionally, foreign nationals residing in China and Chinese nationals globally are not able to apply for new visas.
Analysis & Comments: The government’s ban on all travels from mainland China indicates that it is taking serious steps to contain the spread of the virus. Moreover, it has instructed all holders of e-visas and regular visas who have traveled from China since Jan. 15, and who are currently in India, to contact the Ministry of Health and Family Welfare with queries relating to health, and is advising Indian citizens not to travel to China. Indian citizens who do travel to China will be quarantined on their return. Most airlines have canceled flights from India to mainland China and there are indications they will soon cancel flights to Hong Kong, according to media reports. Further, the Indian state of Karnataka has instructed all those who have traveled from any of the 23 countries affected by the virus to remain at home for 28 days from the date of their return, regardless of symptoms. Applications for Indian visas are no longer accepted from foreign or Chinese nationals applying from mainland China or Chinese nationals applying from any other countries (excluding passport holders from Hong Kong, Macau and Taiwan).
What is the change? France is updating its online registration system for U.K. nationals applying for residence permits.
What does the change mean? The website will relaunch in July and U.K. nationals and their family members who are currently residing in the France will be able to apply for residence permits online between then and Dec. 31, 2020.
Implementation time frame: The online registration system will relaunch in July 2020.
Background: France initially launched a website for U.K. nationals to apply for residence permits in October, before Brexit. Recently, the website was taken down and the government has announced that it will relaunch the page this July. The site is currently down for maintenance, according to authorities.
Analysis & Comments: U.K. nationals and their family members who have been and are currently living in France will be able to apply for a special residence permit in July when the new online registration system is relaunched. Until then, and up until Dec. 31, 2020, U.K. nationals living in France or who will enter before Dec. 31, 2020, will be able to continue living and working in France without additional authorization.
Chile has enacted changes to ease travel procedures and application processes for visa and residence permit applicants.
Key Points:
Analysis & Comments: The changes are designed to enhance mobility, speed up permanent residence application processes and free up appointment times to allow authorities to address more urgent requests.
What is the change? The Bureau of Immigration confirmed Monday that the country’s coronavirus-related entry restrictions apply to travelers from Taiwan.
What does the change mean? Foreign nationals will not be able to enter the Philippines if they have been to mainland China, Hong Kong, Macau, or Taiwan in the past 14 days. The ban does not apply to Filipino nationals or permanent residents. However, individuals who are exempt will be subject to quarantine upon their return to the Philippines.
Background: The Philippines expanded its entry ban earlier this month to include all parts of mainland China, Hong Kong, and Macau. It was initially unclear whether this ban applied to travelers from Taiwan as well, but the Bureau of Immigration authorities confirmed Monday that it does.
Analysis & Comments: Employers should be aware of the expanded entry ban. The response to the coronavirus is evolving rapidly, and Deloitte will alert clients to additional changes or restrictions as information becomes available.
What is the change? The Vietnamese Embassy in China has stopped issuing tourist, business and work visas to Chinese nationals and all other foreign nationals applying for visas in China.
What does the change mean? Chinese nationals and foreign nationals currently in China cannot apply for or obtain visas for travel to Vietnam. Foreign nationals applying for a visa-on-arrival pre-approval letter must prove they are not coming from mainland China, Hong Kong or Macau.
Background: Many countries in the region have stepped up efforts over the last week to contain the spread of the coronavirus. Vietnam recently stopped issuing tourist, business and work visas to Chinese nationals and issued other directives aimed at discouraging visitors from China, anticipating further restrictions.
Analysis & Comments: The latest visa policy indicates that the government is implementing increasingly stricter measures in response to the coronavirus outbreak. The visa policy is still developing, and Deloitte will continue to monitor the situation and will provide updates as they become available.
What is the news? The Ministry of Manpower (MOM) has revoked the work passes of four work pass holders and suspended work pass privileges of six employers.
What does the news mean? MOM sanctioned the employers and employees, including two permanent residents, after discovering they were in breach of the leave of absence (LOA) requirements recently implemented as part of the ongoing effort to contain the spread of the coronavirus.
Background: As part of ongoing efforts to contain the coronavirus, MOM recently implemented a mandatory 14-day leave of absence for all workers returning to Singapore from China.
Analysis & Comments: Employers are reminded that sanctions are harsh for all breaches of the LOA policy, and that MOM is conducting random inspections to enforce it. MOM has revoked the work passes of four foreign national employees discovered working at their places of work, though on LOA, and deported and permanently banned them from working in Singapore. Further, MOM has revoked work pass privileges for the six employers involved in the LOA breach for two years. Deloitte will alert clients to additional changes or restrictions as information becomes available.