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IMPACT – MEDIUM
What is the change? The Colombian government is requiring travelers from Angola, Brazil, the Democratic Republic of Congo and Uganda to present a yellow fever vaccination card before entering the country.
What does the change mean? Travelers entering Colombia from the countries listed above must present a vaccination or risk being turned away at the border.
Background: The change followed outbreaks of yellow fever in parts of South America and Africa and is designed to prevent the disease from spreading in Colombia. Bolivia and Nicaragua are among other Latin American countries that have taken efforts to stop the spread of yellow fever by requiring proof of vaccines from some or all visitors. Colombian officials are also recommending that all travelers, regardless of where they are traveling from, obtain a vaccination if they plan on visiting a part of Colombia that is considered a high-risk area for yellow fever.
BAL Analysis: Companies with employees traveling to Colombia from Angola, Brazil, the Democratic Republic of Congo or Uganda should plan for the additional requirement and time required to obtain a vaccination before travel.
This alert has been provided by the BAL Global Practice group and our network provider located in Colombia. For additional information, please contact your BAL attorney.
Copyright © 2017 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? Israel has published new regulations on work visas for foreign nationals working on large- or medium-scale projects that require specific technological or mechanical expertise.
What does the change mean? The new regulations were written to streamline processing and to establish a means for determining what types of projects require foreign nationals with specific technological or mechanical expertise who would not otherwise qualify for work visas. The new regulations allow for the waiver of a key salary requirement to enable companies to bring such workers, mostly blue-collar skilled employees, to Israel. Few details were released, however, on what projects will qualify.
Background: The application process for the work visas described have some similarities with the process for obtaining a regular B-1 work visa. Employers will be required to submit separate written applications for each foreign employee. Applications should include a project description and an explanation of the employee’s expertise, skills and knowledge.
Israeli companies contracting with foreign companies to complete a project must also provide copies of the contracts they have with their foreign partners.
The normal requirement that companies pay foreign workers double the average Israeli salary will be waived for workers coming to Israel via this route. Employers will be required, however, to meet other employment standards and conditions, including providing an employment contract, adequate housing and medical insurance, among other requirements. Foreign nationals must be directly employed by the foreign employer and cannot be third-party employees or freelancers.
BAL Analysis: While the new program offers the potential to help Israeli companies in need of project-related technological or mechanical expertise, some key details remain unavailable at this point and it may prove difficult for private sector company projects to qualify for this visa route. Those interested in the program should contact BAL at least eight months ahead of a project’s start date to allow for BAL to determine if this option will be available and to allow for adequate planning and time for visa processing.
This alert has been provided by the BAL Global Practice group and our network provider located in Israel. For additional information, please contact your BAL attorney.
What is the change? The union representing workers in the Department of Home Affairs has threatened a nationwide strike next month if a dispute over working hours is not resolved. DHA and union officials met today to work toward an agreement, but it was not clear if a deal would be reached.
What does the change mean? A strike would cause significant disruptions to immigration, travel and other DHA services.
Background: The dispute is related to the DHA’s decision to adjust employee shifts when it changed its offices’ public opening and closing hours in 2015. DHA Director General Mkuseli Apleni said in a statement that the DHA continued to comply with working hour laws, including a 40-hour work week, and that the change in public opening and closing hours was essential to the DHA delivering critical services effectively. South Africa’s Constitutional Court instructed the two sides to try and resolve their disagreements, but the union said they will begin a strike next month if no agreement is reached.
BAL Analysis: There has been no disruption of services up to this point, but a strike next month appears likely given recent media statements of the two parties to the dispute. BAL will continue to follow the matter and will report to clients on significant developments, including any potential disruption in services.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
What is the change? Zambia has revised its Employment Permit application policies, including rules on where to submit applications, compliance with Zambianization policies and documentation requirements.
What does the change mean? The changes are largely aimed at ensuring that jobs Zambian nationals can fill are filled locally, which may make recruiting foreign workers more difficult. Foreign workers are likely to receive Employment Permits with shorter validity periods and companies will be expected to help train local workers. Authorities have also increased documentation requirements and have indicated they will conduct more frequent audits.
Background: The Zambian government recently announced new guidelines for employment permits. The changes will affect the following areas:
BAL Analysis: Employers should take note of the changes and make sure they are in compliance with the new rules. The Zambian government seems particularly interested in limiting foreign nationals’ work in Zambia in jobs for which local employees are qualified or for which they can be trained. Employers should prepare for a more difficult and time-consuming process when recruiting foreign workers.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney. Copyright © 2017 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.
U.S. Citizenship and Immigration Services (USCIS) has issued a policy memo that adopts a case involving the H-1B master’s degree cap as binding guidance to be followed by USCIS officers.
The case, Matter of A-T- Inc, clarifies that in order for an individual to qualify for the H-1B cap exemption based upon a master’s or higher degree, the educational institution must have qualified as a “U.S. institution of higher education” at the time the beneficiary’s degree was earned.
Key points:
Background: The H-1B quota is set at 65,000 annually for individuals holding a minimum undergraduate degree, plus an additional 20,000 candidates who are exempt from the cap if they hold a master’s or higher degree from a “U.S. institution of higher education.” The statute defines that term as an institution that “is accredited” or “has been granted pre-accreditation status.”
The individual in the case earned a master’s degree on Dec. 31, 2010. The school received its pre-accreditation status in 2017. The H-1B employer argued that the employee qualified because he held the degree during adjudication of the H-1B petition. But the Administrative Appeals Office disagreed, interpreting the statute to require that the institution hold accreditation or pre-accreditation status at the time the individual is granted the degree.
The AAO noted that under this interpretation, the individual’s eligibility for the exemption does not change according to the institution’s accreditation status, and an individual may continue to qualify for the master’s exemption even if the institution later closes or loses its accreditation status.
BAL Analysis: The decision provides clarity on this issue. Employers should anticipate that USCIS will deny H-1B master’s cap exemptions to individuals if, on the date the degree is granted, the institution has not yet received accreditation or pre-accreditation.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
What is the change? Spain has implemented the EU directive on posted workers that covers requirements for companies assigning or seconding foreign workers to Spain.
What does the change mean? The new law imposes certain changes to Spain’s existing “Communication of Transfer” rules that have been in place since 1999.
Background: The EU Directive 2014/67 on enforcement of posted workers was adopted in 2014 and gave EU member countries two years to implement it. The directive requires certain notifications and retention of documents for workers posted temporarily in an EU country.
The Spanish law, Act 45/1999, transposes the EU directive rules into Spain’s national laws. Among the changes, the law will require the following:
BAL Analysis: Spanish authorities have begun implementing the communication of transfer rules that have been on the books since 1999 but not fully enforced until recently, and companies are subject to penalties for non-compliance. Further details on changes brought by the implementation of the EU directive are expected to be released soon.
This alert has been provided by the BAL U.S. Practice group and our network provider located in Spain. For additional information, please contact BerryApplemanLeiden@bal.com.
The Labor Department has posted processing times current as of May 31 for permanent labor certification (PERM) applications and prevailing wage determination requests.
PERM processing: Applications filed in March and earlier are now being adjudicated, according to the Labor Department. Audit reviews are being conducted on applications filed in November and earlier, and appeals filed in May and earlier are being reviewed for reconsideration.
Average PERM processing times in May:
PWD processing: The National Prevailing Wage Center is currently processing requests filed in March and earlier for H-1B cases and PERM cases. Redeterminations are being considered on appeals filed in March or earlier for H-1B and PERM cases. Center Director Reviews are being conducted on appeals filed in April for H-1B and PERM cases.
Average time for issuance of prevailing wage determinations in May:
The Labor Department reports PERM and prevailing wage determination processing timeframes on its iCERT page.
BAL Analysis: BAL’s internal case tracking is consistent with the Labor Department processing times. BAL is seeing approvals for PERM applications filed in March 2017 or earlier and is awaiting prevailing wage determinations for requests filed in March or earlier.
IMPACT – HIGH
What is the change? In a signal that Qatar is facing increasing isolation from its neighbors, several countries – Bahrain, Egypt, the temporary Libyan government, Saudi Arabia, the United Arab Emirates and Yemen, as well as the Maldives and Mauritius – have severed diplomatic and other ties with Doha, claiming that Qatar sponsors terrorism and threatens to destabilize the region.
What does the change mean? Travelers should anticipate disruptions, as Saudi Arabia has closed air travel and its land and sea borders with the small Gulf nation, and the UAE expelled Qatari diplomats and suspended flights on Etihad, FlyDubai and Emirates Airlines to and from Doha. Qatar Airways has announced it will cease all flights to and from Saudi Arabia, and the UAE will likely ban the airline from its airspace. Egypt closed its seaports and airspace to all Qatari travel. Bahrain expelled Qatari diplomats and ordered their diplomats home.
Background: The three Gulf countries leading this initiative accuse Qatar of supporting terrorist groups including al-Qaeda and ISIS. Qatar’s Foreign Ministry called the accusations “baseless” and said the blockade had “no legitimate justification.”
Qatar has maintained a rocky relationship with its GCC co-members for almost two decades, but the rift has widened in recent months over several issues. Qatar criticized the anti-Iran rhetoric following U.S. President Donald Trump’s speech in Saudi Arabia; soon after the UAE and other GCC countries cut access to media from Doha-based Al Jazeera. Egypt has also accused Doha of meddling in its politics, and last month Qatar began denying visas and visas-on-arrival to Egyptian nationals.
BAL Analysis: The situation is evolving and may change quickly. BAL is following developments and will alert clients to any additional changes or restrictions.
The State Department has rolled out a new set of questions for visa applicants who are subject to additional screening, including requests for applicants’ social media handles in the past five years and personal information dating back 15 years.
The questions were published in the Federal Register May 4 and the State Department sought emergency review by the Office of Management and Budget. The request was approved May 23 and remains in effect for six months. The administration could separately seek permanent implementation.
BAL has prepared an FAQ about the new questionnaire and the impact on visa applicants.
Read the full FAQ here.
The Trump administration has asked the Supreme Court to reinstate the president’s revised executive order to ban nationals of six Muslim-majority countries from entering the U.S. for a 90-day period. The petition, filed late Thursday, came after the U.S. Court of Appeals for the 4th Circuit ruled against reinstating the order. In a May 25 decision, the appeals court upheld a district court’s ruling to halt the implementation of the ban, saying that when taken in context of remarks from the president and his aides, the executive order “drips with religious intolerance” for Muslims.
In asking the Supreme Court to review the 4th Circuit’s ruling, however, Acting Solicitor General Jeffrey B. Wall said the appeals court engaged in the kind of “judicial psychoanalysis” that is foreclosed by case law when it speculated about the motivation behind Trump’s statements, many of which were made before he became president. “This Court has never invalidated religion-neutral government action based on speculation about officials’ subjective motivations drawn from campaign-trail statements by a political candidate,” the government’s petition said.
The March 6 order would prevent nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen from traveling to the U.S. for a 90-day period except in cases where an exemption or waiver applied. It was signed after a broader executive order, issued in late January, also stalled in federal court. The revised version included exemptions for green card holders, visa holders and dual nationals. It also did not cover Iraqi nationals, who were included in the initial executive order.
Federal judges in Maryland and Hawaii ruled in March to stop the revised order from taking effect. The administration appealed both rulings. The U.S. Court of Appeals for the 9th Circuit heard arguments in the appeal of the Hawaii judge’s ruling, but has yet to issue a ruling.
BAL Analysis: For the time being, foreign nationals covered by the executive order may continue traveling to and from the U.S. as they could before the order was signed. The Supreme Court has been asked to review the 4th Circuit’s ruling, however, and could reinstate the order if it takes the case. Employers with personnel who would be subject to travel restrictions should continue to advise their employees to exercise caution when planning travel because the litigation is ongoing. BAL is carefully monitoring the situation and will continue to provide updates on important developments.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com. Copyright © 2017 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.