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IMPACT – MEDIUM
What is the change? The Islamic month of Ramadan is expected to begin around June 6. Many Muslim countries will observe shorter business hours that will slow processing during the month.
What does the change mean? Companies and individuals should expect delays and plan to file time-sensitive applications as soon as possible.
Background: Countries across the Muslim world will observe the month of Ramadan, expected to begin around June 6 or 7 and end around July 5 or 6. Exact dates are confirmed closer to the start of the lunar month. During the month, Muslims increase self-reflection and fast during daylight hours. As such, many countries with majority Muslim populations limit business hours.
In the United Arab Emirates, government offices will be open from 7:30 a.m. to 1:30 p.m. and the private sector will generally conduct business from 9 a.m. to 3 p.m., depending on the office.
The Eid al-Fitr holiday, immediately following Ramadan, will close offices for three or more days in countries across the Middle East, Africa and Asia.
BAL Analysis: Businesses are reminded to plan ahead to minimize unnecessary delays to visa and work permit applications and business schedules.
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.
Immigration was a hot topic this year, grabbing headlines on issues ranging from the renewed focus on H-1B visas in the U.S to the Mediterranean refugee crisis reverberating in Europe.
As we begin the new year, BAL has compiled a review of changes in the past year and a preview of some of the major immigration trends to expect in the U.S. and key countries around the world in 2016.
UNITED STATES
The fate of two key provisions of President Obama’s immigration executive actions is in the hands of the Supreme Court. The actions, which would defer deportation for 5 million undocumented immigrants, remain on hold after an appeals court upheld an injunction blocking them this year. If the Court takes the case, it could issue a ruling by June.
On the business immigration side, several significant initiatives will be implemented in the coming months. U.S. Citizenship and Immigration Services has published proposed regulations intended to provide greater flexibility and job portability for H-1B workers and other foreign employees in the U.S. on nonimmigrant visas or seeking employer-sponsored green cards. Comments on the proposed rule will be accepted until Feb. 29, and the regulations will be implemented thereafter.
The Department of Homeland Security will also be finalizing and implementing a STEM-OPT regulation that both expands Optional Practical Training (OPT) opportunities for foreign students with degrees in science, technology, engineering, and math (STEM) fields and imposes significant new obligations on employers. The revised regulation is the result of an ongoing lawsuit over the OPT program. A court gave DHS until Feb. 12 to issue a new regulation without disturbing the existing STEM-OPT regulation in the meantime. The agency’s request for a 90-day extension of that deadline is pending. Meanwhile, opponents continue to challenge the OPT program in a federal appeals court.
During the first half of 2015, USCIS issued a regulation allowing H-4 spouses of certain H-1B workers to obtain employment authorization in the U.S. The agency also released policy guidance regarding the implementation of the Administrative Appeals Office decision Matter of Simeio Solutions, and the adjudication of L-1B petitions for employees with specialized knowledge.
Congress wrapped up the year passing a federal budget containing two immigration provisions that will have an impact in the coming year. One provision will double H-1B and L-1B visa petition fees for certain employers who are heavily reliant on H-1B and L-1B workers. The second provision contains new rules and passport requirements for foreign visitors traveling to the U.S. under the Visa Waiver Program.
A spate of bills to restrict H-1B and L-1B visas was introduced at year’s end. The bills propose to lower the H-1B cap by 15,000, set a $110,000 salary floor for H-1B workers and place new limits on H-1B and L-1B employers. While these measures may not gain traction, they are indicative of a mood toward tightening the rules for employers hiring foreign high-skilled workers.
As the 2016 presidential election approaches, immigration will likely remain at the forefront of campaign politics.
CANADA
Canada will embark on its second year of the Express Entry system for prioritizing foreign job applicants seeking permanent residency. Citizenship and Immigration Canada issued a total of 31,063 invitations to apply in its first year, and officials recently projected an increase in invitations to apply in 2016 and a continued downward trend in the minimum qualifying score. The new year will also see a new penalty regime that targets employers who violate the terms and conditions of work permits operating in full swing. Beginning March 15, an electronic Travel Authorization system for visa-waived nationals (excluding U.S. citizens) will become mandatory. On the policy side, new Prime Minister Justin Trudeau has promised an immigration platform giving greater flexibility to foreign workers in the area of family-sponsored migration.
UNITED KINGDOM
All eyes are on the Migration Advisory Committee, which is tasked with making recommendations to the government on reforming Tier 2 visas with a view toward the Conservatives’ policy of slashing net migration. The MAC’s report is due by mid-January 2016. Recent numbers indicate that despite these policy goals, net migration is at its highest level. In 2015, quotas for Tier 2 visas were reached in four successive quarters and could see continued pressure depending on the MAC report and how restrictive the government is willing to go on reforms. Tighter immigration rules are already slated to take effect, including higher Tier 2 minimum salaries, mandatory right-to-rent checks by landlords, and greater record-keeping duties by employers who hire foreign workers. BAL submitted detailed comments and recommendations to the MAC and continues to work with employers to influence the policy debate.
EUROPEAN UNION/SCHENGEN
EU member states will be implementing an EU directive in the coming year that benefits multinational companies sending intracompany transferees (ICTs) to the EU. The ICT Directive calls for a common set of rules for ICTs to work and reside in a host country and move more easily within the EU. Member states are required to adopt legislation by the end of 2016. Spain was the first country to transpose the directive into its national laws by introducing an EU ICT visa in September.
The EU Blue Card Directive is also under review as the European Commission looks to overhaul and potentially expand it as part of the Commission’s Migration Agenda. The agenda seeks to better address skills shortages in the EU and attract more applicants to the underutilized Blue Card program. The public consultation has closed and the commission’s proposals are forthcoming.
Meanwhile, Europe continues to grapple with the largest wave of refugees since World War II. Border control measures have been proposed by the Council of the EU, including regular checks of all travelers entering the EU against relevant databases. Individual countries, including Germany, France, Austria, Sweden and others, set up temporary internal border checks at one time or another in 2015. Such checks may reappear in 2016, as the migrant crisis is far from resolved.
SWITZERLAND
In 2016, employers in Switzerland will be limited to the same B and L permit quotas as in 2015. The country announced in November that highly skilled workers from non-EU/EFTA countries will be capped at 2,500 B permits and 4,000 L permits. The cap for assignees from EU/EFTA countries will be 250 B permits and 2,000 L permits.
Separately, Swiss and EU officials are working to reach agreement that would allow Switzerland to implement a 2014 immigration ballot measure without jeopardizing its EU Agreement on the Free Movement of Persons. Switzerland has said that if an agreement with the EU cannot be reached by March, the Swiss Federal Council will be forced to submit a draft law to the Swiss Parliament to unilaterally impose a “safeguard clause” that would let Switzerland cap immigration from within the EU once certain levels are reached.
AUSTRALIA
The Australian government will introduce a new Entrepreneur Visa in the second half of 2016. The new visa is aimed at attracting foreign innovators to Australia. The government will also make it easier for post-graduate students in science, technology, engineering and mathematics (STEM) or information and communications technologies (ICT) fields to reside in Australia.
Employers can expect the government to continue to overhaul the subclass 457 visa program in the coming year, according to reforms recommended in a 2014 independent review. In addition, the 457 visa’s income threshold (Temporary Skilled Migration Income Threshold) is set to be reviewed in 2016 and findings will be issued in April.
Business sponsors are likely to face increased monitoring and investigations by immigration authorities seeking to make sure sponsors and their foreign employees are in compliance with the terms and conditions of their visas. The Department of Immigration and Border Protection recently adopted recommendations to strengthen its oversight of visa compliance after an audit found weaknesses in many aspects of the department’s ability to track and prevent visa violations.
BRAZIL
As Brazil prepares to host the 2016 Olympics, the government has announced it will waive tourist visa requirements this summer for nationals of Australia, Canada, Japan and the U.S. The policy should help keep processing times on track and prevent a bottleneck of visa applications for business travelers and other applicants.
In the past year, authorities have taken numerous steps to streamline services, improve processes and implement an online application system for foreign applicants.
CHINA
Beijing is introducing a new online work permit management system this month that will change the process and require employers to register and file applications online.
Shanghai introduced new rules in 2015 to attract foreign talent in science, technology and innovation. The regulations, which remain valid until Aug. 4, 2017, simplify procedures for high-level foreign professionals and lengthen the duration of permits for certain experts, students and entrepreneurs.
BAL anticipates that in 2016 immigration authorities will continue to introduce innovative ways to attract foreign talent, while also strictly implementing regulations that prevent illegal working activities.
SINGAPORE
Singapore continues to localize its labor force. Stricter job advertising rules that include the publishing of salary ranges for job openings were implemented in October. Authorities continue to aggressively enforce immigration legislation, with a recent focus on prosecuting false or misleading work pass salary attestations. Given the tight labor market, the government recently initiated a two-year pilot program offering small and medium-sized enterprises new tools to restructure.
SOUTH AFRICA
Although the current draft Immigration Amendment Bill will likely be enacted in early 2016 and, as such, introduce yet further sanctions for foreign nationals who overstay the expiry date of a South African visa, the Department of Home Affairs is expected to roll out several immigration concessions throughout 2016 to alleviate the implementation of strict visa rules on travelers that dominated last year’s immigration debate.
These rules require that visa applicants give biometrics in-person at a South African mission and that all traveling minors carry original birth certificates and extensive documentation of their family relations. The anticipated concessions to be introduced in the coming year include biometrics-taking upon arrival at South African airports, longer multiple-entry visas for frequent business travelers, broadening the scope of South African’s visa waiver program, adding new overseas visa facilitation centers to South Africa’s current global network and detailing the names of parents on South African visas issued to minors to obviate the need to travel with birth certificates.
What are the changes? The Christmas and New Year’s holidays will close many government and private offices around the world for at least two days, with many countries observing longer holiday periods at the end of the year and the beginning of 2016.
What does the change mean? Employers should file as early as possible for visas, work permits and other services to avoid delays during the holiday closures.
Background: Most countries will observe Dec. 25, 2015, and Jan. 1, 2016, and many countries will also reduce business hours in the days surrounding Christmas and New Year’s Day.
Some countries may close for extended periods in the coming months. Russia observes a New Year holiday and Orthodox Christmas Jan. 1-10, with offices reopening Jan. 11. China does not mark Dec. 25 as an official public holiday, but will close Jan. 1-3 for the New Year’s holiday and Feb. 7-13 for the Chinese lunar New Year. South Africa will close offices for varying periods between Dec. 22 and Jan. 11. Mexico’s immigration services will be closed for three weeks Dec. 18 – Jan. 6.
BAL Analysis: Companies should anticipate slower processing for visas, residence permits and work permits from now until offices reopen in early January and they should plan to file immigration-related applications as soon as possible.
What is the change? Beginning today, U.K. citizens may apply for the Global Entry program, which allows preapproved travelers to move through automated customs and immigration procedures at U.S. airports.
What does the change mean? Applicants must submit a registration request with the Home Office and undergo a background check before applying through U.S. Customs and Border Protection (CBP).
Background: U.K. applicants for Global Entry must pay a U.K. government fee of £42 to the Home Office, and following a successful background check, will receive an access code to apply for Global Entry through the CBP’s Global Online Enrollment System. Once applicants receive provisional approval, they must sit for a face-to-face interview with a CBP officer. The CBP government fee is $100 and membership is valid for five years.
An estimated 4 million British citizens travel to the U.S. annually. The inclusion of U.K. citizens in Global Entry reciprocates the recent launch of the U.K. Registered Traveller program for select nationals, including U.S. citizens.
BAL Analysis: U.K. citizens preapproved for the program benefit from faster entry procedures at 46 U.S. airports and may qualify for preclearance by CBP when departing from participating international airports.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
Consular operations at all U.S. embassies and consulates around the world will be closed to the public Oct. 9 due to a consular systems upgrade, the State Department has confirmed.
Visa applicants with previously scheduled appointments on Oct. 9 will be contacted to reschedule. Individuals should consult their local U.S. embassy or consulate for instructions on other services, including emergency appointments. Service providers connected to certain U.S. missions may also suspend or limit services. While posts will be closed to the public, embassy and consular staff will be performing non-consular functions.
What is the change? Government offices will close in a number of Muslim countries the week of Sept. 20 for the Eid al-Adha holiday.
What does the change mean? Employers and foreign nationals who need government services should submit applications as soon as possible to avoid holiday-related delays.
Background: Eid al-Adha is a Muslim holiday marking the end of the annual Hajj pilgrimage to Mecca. Also known as the Feast of the Sacrifice, it commemorates Abraham’s willingness to sacrifice his son to God. The holiday is also known as Eid-e-Ghorban, Kurban Bayramı or Hari Raya, among other names.
Closures vary from country to country and, in some cases, will be set when the new moon appears in the coming week. In most countries that celebrate the holiday, government offices will be closed for at least two days around Sept. 23-25. Saudi Arabia has announced that it will observe the holiday Sept. 20-27.
BAL Analysis: Companies and foreign employees should check with their BAL attorney or local officials for office closures. Those in need of government services this month should submit applications as soon as possible in order to avoid delays.
IMPACT – LOW
What is the change? Individuals seeking to transfer an existing Thai visa to a new passport are likely to face greater scrutiny from immigration authorities over passport requirements.
What does the change mean? Foreign nationals transferring a visa to a new passport must show that their old passport was stamped with a cancellation by their embassy and must procure a letter from the embassy confirming that the old passport is being replaced.
Background: Recent applicants have found that authorities are now strictly requiring an embassy letter during the visa transfer (“transfer of endorsement”) process. This documentary requirement is not new, but in the past was only lightly enforced.
A visa transfer is mandatory for foreign nationals applying for a visa extension, because the new passport is needed for the application. A visa transfer is also required when a visa holder’s passport contains no more blank pages.
BAL Analysis: To avoid potential delays and rejection of applications, foreign employees should be aware of the strict enforcement of required documents when applying for a visa transfer to a new passport.
This alert has been provided by the BAL Global Practice group and our network provider located in Thailand. For additional information, please contact your BAL attorney.
What is the change? APEC business cards issued after Sept. 1 will be valid for five years or until the card holder’s passport expires, whichever is shorter. Currently, APEC business cards are valid for a maximum of three years.
What does the change mean? Nationals of Asia-Pacific Economic Cooperation member countries will be able to obtain five-year, multiple-entry, short-stay APEC business cards, provided that they have sufficient time remaining on their passports.
Background: The APEC business card was designed to streamline travel requirements for nationals of participating countries.
The travel cards were first issued in 1997 to nationals of Australia, the Philippines and South Korea. Other countries subsequently joined the scheme, and the card is now available to nationals of Australia, Brunei, Chile, China, Hong Kong, Indonesia, Japan, Malaysia, Mexico, New Zealand, Papua New Guinea, Peru, the Philippines, Russia, Singapore, South Korea, Taiwan, Thailand and Vietnam. The U.S. and Canada are considered transitional members, which allows cardholders to use “fast-track” lanes at major international airports. Cardholders still must provide valid passports or visas in the U.S. and Canada if required by U.S. or Canadian law.
APEC’s 21 participating countries agreed earlier this year to extend the APEC business card validity to five years. The APEC Business Mobility Group issued a formal announcement on the extension last week.
BAL Analysis: Five-year APEC business cards will facilitate travel and trade for the more than 190,000 APEC business card holders worldwide.
What is the change? The Muslim holiday of Eid al-Fitr, expected to begin around July 17, will close offices and delay processing of applications in many countries in Africa, Asia and the Middle East.
What does the change mean? Private and public sector offices will close for one to 10 days depending on the individual country. Applicants should expect delays in processing of visas and work permits.
Background: Eid al-Fitr (Festival of the Breaking of the Fast) marks the end of the holy month of Ramadan and is usually celebrated with three or more days of festivities. The holiday is also known as Bayram in Turkey, Hari Raya Puasa in Southeast Asia, and Korité or Tabaski in West Africa.
Some countries, including the United Arab Emirates, will wait to announce their holiday schedules closer to the end of the lunar month. Others have set the following public holiday schedules:
Brunei – July 17-21. Indonesia – July 16-21. Malaysia – July 17-18. Additionally, some public offices will close on July 16 and 20, and limited staffing is expected during the week of July 20. Pakistan – July 17-19. The Philippines – July 17. Qatar – July 15-25. Work resumes Sunday, July 26. Saudi Arabia – Public sector holiday July 12-21; private sector July 15-21. Singapore – July 17.
BAL Analysis: Companies may contact their BAL representative for individual country and consular schedules.
The U.S. Department of Homeland Security has announced plans to expand air preclearance for travelers from nine countries: Belgium, the Dominican Republic, Japan, the Netherlands, Norway, Spain, Sweden, Turkey and the United Kingdom.
Preclearance allows U.S. Customs and Border Protection to inspect passengers at a foreign airport before they embark on a plane. While CBP has said it is an important terrorism-prevention measure, travelers can benefit from avoiding long lines upon arrival in the U.S.
“Preclearance is a win-win for the traveling public,” DHS Secretary Jeh Johnson said in a statement May 29. “It provides aviation and homeland security, and it reduces wait times upon arrival at the busiest U.S. airports.”
The U.S. is expected to begin negotiations with the nine countries. Preclearance is already available at 15 airports in six countries, including Aruba, the Bahamas (Freeport and Nassau), Bermuda, Canada (Calgary, Edmonton, Halifax, Montreal, Ottawa, Toronto, Vancouver and Winnipeg), Ireland (Dublin and Shannon), and the United Arab Emirates (Abu Dhabi). According to the CBP, more than 16 million passengers went through preclearance last year.