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IMPACT – HIGH
What is the change? The German Consulate in Los Angeles is scheduled to close for approximately three months, from January through March 2017, due to remodeling.
What does the change mean? Visa and passport applicants should schedule their appointments immediately via the online appointment system while appointments are still available. Visa and passport processing will cease during the closure.
B·A·L Analysis: Foreign nationals applying for visas and German nationals applying for passports at the German Consulate in Los Angeles should plan to schedule their appointments and complete all business at the consulate by the end of the year. Additionally, applicants should factor in the holiday season and reduced staff and working hours at the consulate in December. Businesses should anticipate likely delays and a backlog. B·A·L will update clients as soon as the consulate sets out alternate procedures for Los Angeles applicants during the closure.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2016 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.
IMPACT – MEDIUM
What is the change? Canada conducted its 24th Express Entry draw of 2016 Wednesday, issuing 2,427 invitations to apply. The lowest qualifying score was 470.
What does the change mean? For the third straight draw, the number of candidates invited to apply for permanent residency was the highest it has been this year. The minimum score decreased slightly to 470 from 472 on Nov. 2.
Background: in 2015, Canada issued 31,063 invitations to apply through Express Entry. Officials projected a greater number for 2016, and have issued just 28,409 so far this year. The number of invitations has increased dramatically in draws in the last two months compared with most draws earlier this year.
Express Entry Draws in 2016:
B·A·L Analysis: Wednesday’s draw was the last before changes to the Express Entry scoring system take effect. More invitations to apply were issued in Wednesday’s draw than in any so far this year. The increase is consistent with the trend in the past two months toward an increase in the number of candidates invited to apply for permanent residency per draw. The drop in the minimum qualifying score is also positive news for Express Entry candidates.
This alert has been provided by the BAL Global Practice group and our network provider located in Canada. For additional information, please contact your BAL attorney.
What is the change? The United Arab Emirates has opened an immigration center dedicated to receiving and processing cases that require special approval, including female applicants sponsoring their spouse or children, individuals sponsoring their parents, and humanitarian cases.
What does the change mean? Cases requiring special approval must be submitted at the Al Awir Immigration Centre in Dubai.
Next steps: Applications to the Al Awir center are submitted at typing centers only; free zone portals do not contain an option to sponsor a husband or parent. Applicants may apply at any immigration office typing center and await an interview date at Al Awir, or they may apply at the Al Awir typing center (although it is known to be crowded). Affected individuals should work with their B·A·L legal team to prepare for their appointment with appropriate documents and other filing requirements.
Background: The Al Awir Immigration Centre opened two months ago to handle cases requiring special approval. Sponsors in such cases will be asked for the following documents:
In addition, for a parent’s visa, an affidavit of the relationship from the local embassy must be obtained and attested by the Ministry of Foreign Affairs. For a parent’s visa for an Arab nationality, a copy of a family book is required.
Upon approval of the application, a security deposit of 5,040 dirhams must be paid to the government Immigration Office.
B·A·L Analysis: The new location conducts a layer of screening to these cases that adds two weeks to normal processing times. Affected sponsors should be aware that Al Awir is located in an isolated area, and because of the limited size of the center they must attend their appointment without a representative.
This alert has been provided by the BAL Global Practice group and our network provider located in the United Arab Emirates. For additional information, please contact your BAL attorney.
What is the change? Peru’s labor authorities have simplified administrative processes, including elimination of the requirement that foreign workers submit educational diplomas or certificates that have been legalized.
What does the change mean? Employers now only need to submit a sworn affidavit stating that the hiring of the foreign worker complies with labor laws and a copy of the employment contract.
Background: The government published the legislative decree Nov. 10 in an effort to simplify several administrative procedures relating to the labor laws. Previously, under the Law of Foreign Workers, employers were required to legalize foreign diplomas or work experience certificates and submit them to the Administrative Labor Authority in order to obtain approval of an employment contract for foreign personnel.
The decree also eliminates the requirement to register fixed-contract labor contracts on the web portal of the Ministry of Labor and Employment. The removal of this requirement affects Spanish nationals, nationals of Mercosur countries and foreign nationals married to Peruvian citizens who are hired under a fixed-term contract.
BAL Analysis: The simplification of administrative processes is positive news for employers seeking to sponsor foreign workers.
This alert has been provided by the BAL Global Practice group and our network provider located in Peru. For additional information, please contact your BAL attorney.
U.S. Citizenship and Immigration Services (USCIS) has published a new version of the Form I-9 used by employers to verify employment eligibility of new employees, which employers will be required to use beginning Jan. 22, 2017.
Key dates and changes:
Background: The new version of Form I-9, published Monday, is easier to fill out electronically and contains drop-down menus and calendars, embedded instructions at each field, and additional prompts to verify that information is filled out correctly. Among other features intended to reduce paperwork errors, the button “Click to Finish” at the end of each page prompts the form to check to ensure that all fields were filled in. The form also automatically populates certain fields based on information entered in other fields.
Employers must complete Form I-9 each time they hire a person to perform labor or services in the U.S. in return for wages or other remuneration. Though employers do not submit this form to the government, they must retain a Form I-9 for each employee for three years after the date of hire or one year after the employee’s employment ends, whichever is later. U.S. Immigration and Customs Enforcement conducts audits of employers’ Forms I-9 and if errors are found, may impose significant fines ranging from $216 to $2,156 per employee. The government recently increased these fine amounts by regulation from the previous range of $110 to $1,100 per employee.
B·A·L Analysis: The new version of the Form I-9 is available on the USCIS website. Employers should become familiar with the new version of the form and its changes and note the mandatory transition deadline of Jan. 21. In addition to being easier to fill out electronically, the new version also removes the requirement that foreign nationals who are authorized to work provide both their Form I-94 number and their foreign passport in Section 1 of the form. However, the new Form I-9 does not require that employers or employees provide any new information, and does not alter the list of documents an employee may present to demonstrate work authorization.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
U.S. Citizenship and Immigration Services announced that in December it will accept adjustment-of-status applications for employment-based preference categories 1 through 4 according to the priority cutoff dates in the Dates for Filing chart published in the State Department’s December Visa Bulletin.
Applicants in the employment-based 5th preference category must use the Final Action Dates chart. Family-based adjustment-of-status applicants can use the Dates for Filing chart for family-sponsored applications.
Key points:
Dates for Filing of Employment-Based Visa Applications:
Background: Under the two-chart Visa Bulletin system, the State Department publishes a Final Action Dates chart and a tentative Dates for Filing chart every month. USCIS then determines whether there are enough visa numbers available to honor the Dates for Filing chart; if there are not enough visas, the priority cutoff dates in the Final Action Dates chart control filing eligibility. USCIS adjudication of the adjustment of status application will be governed by priority dates listed in the Final Action Dates chart.
B·A·L Analysis: The filing eligibility dates benefit employment-based green card applicants in several backlogged categories, including China and India EB-2 and EB-3, and all EB-3 categories. Those who are eligible to file according to the Dates for Filing chart in November are strongly encouraged to apply in November if possible and no later than December, as there is no guarantee that USCIS will continue to accept the Dates for Filing chart in subsequent months.
What is the change? Qatar will implement reforms to the kafala system for companies employing foreign nationals beginning Dec. 14.
What does the change mean? The reforms loosen some of the strict control that employers exercise over foreign employees under the current system. The main changes will relax requirements that foreign employees obtain a former employer’s approval when changing jobs, prohibit employers from holding foreign employees’ passports, and allow foreign workers to apply directly with authorities for exit permits to leave the country.
Background: Qatar’s kafala system that controls employment of foreign nationals has been criticized as giving excessive control to employers over employees’ movement and job choices. Under the current system, a foreign employee who wants to change jobs must obtain a non-objection certificate from the former employer. Foreign employees must also get the employer’s approval to leave the country.
Among the key changes:
B·A·L Analysis: The reforms give greater flexibility to foreign national employees, as well as to U.S. defense contractors who are required to work with local sponsors to employ foreign workers. The new rules will relax some of the control that local sponsors currently have over defense contractor personnel. BAL will update clients as additional details clarify areas of ambiguity in the implementation of the new system.
This alert has been provided by the BAL Global Practice group and our network provider located in Qatar. For additional information, please contact your BAL attorney.
What is the change? Ghana is preparing for Presidential and Parliamentary elections to be held Dec. 7.
What does the change mean? Some immigration processing delays are already occurring and are likely to continue up until the elections and immediately after.
Background: Ghanaians will head to the polls Dec. 7 to elect a President from among seven candidates representing multiple political parties, including incumbent John Dramani Mahama of the governing National Democratic Congress party, who has been president since 2012.
B·A·L Analysis: Employers and assignees should anticipate immigration process delays throughout election season and the holiday season thereafter.
This alert has been provided by the BAL Global Practice group and our network provider located in Ghana. For additional information, please contact your BAL attorney.
What is the change? Significant changes to the scoring system under the points-based Express Entry program will take effect Nov. 19.
What does the change mean? The new scoring system will benefit candidates who hold an employer-specific work permit without a Labor Market Impact Assessment (LMIA) approval if they have at least one year of experience with that employer, as well as graduates of Canadian post-secondary educational institutions.
Background: The changes were announced by Immigration, Refugees and Citizenship Canada on Thursday and will take effect Nov. 19.
BAL Analysis: The changes to the ranking system in Express Entry are a positive development for employers and are expected to broaden the pool of candidates and lower the minimum score required to obtain an invitation to apply for permanent residency.
What is the change? Due to staffing shortages at the Migration Bureau, work permit filing appointments are backlogged until February, delaying approvals of work permits by four weeks.
What does the change mean? The delays affect applications for new work permits, which are taking approximately 70 days. Renewal applications do not appear to be affected.
BAL Analysis: Employers should note the current time frames for booking a filing appointment and plan for 70-day processing for new applicants. Applicants seeking to renew their permits are not affected by the delays and are currently able to obtain appointments within five to 10 days and receive their residence card approximately two weeks thereafter.
This alert has been provided by the BAL Global Practice group and our network provider located in Costa Rica. For additional information, please contact your BAL attorney.