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IMPACT – MEDIUM
What is the change? Israeli workers in the Ministry of Interior’s Population, Immigration and Border Authority have gone on strike, leaving all operations suspended.
What does the change mean? Those in need of visas, passports, or other immigration services should be prepared for delays.
Background: Population, Immigration and Border Authority workers went on strike Sunday, demanding higher pay and increased staffing levels. The strike continued Monday and left immigration offices in Israel closed. It is not yet clear when the work stoppage will end, but Sunday’s strike followed a partial strike three weeks ago in which workers refused to issue biometrics passports or identity cards, but continued issuing standard ones.
BAL Analysis: Foreign nationals in need of services at immigration offices should prepare for significant delays. It is not clear when the strike will end; even when it does, officials will likely be faced with a backlog that could further delay services.
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.
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.
What is the change? Israel will observe public holidays April 22-25.
What does the change mean? Government offices will be closed and immigration processing will be suspended.
Background: Israel will close all government offices in observance of Memorial Day and Independence Day during the three-day break.
BAL Analysis: Travelers applying for visas at Israeli consulates should also anticipate closures or limited business hours and should check the schedules for individual locations.
What is the change? Israeli immigration authorities are increasing employer audits, aiming to ensure that employees have proper documentation to work in Israel.
What does the change mean? Employers should be vigilant to ensure that they are in compliance with all immigration requirements related to employing foreign nationals.
Background: The increase in audits began in February and resulted from the Ministry of Interior’s decision to focus more closely on multinational business operations in Israel. The energy and high-tech sectors have been watched particularly closely.
Audits may be done without prior notice and involve examination of employee passports and other work-related documents. Human resource managers at either the work site or a corporate office should be prepared to show copies of an employee’s visa, time sheets, past three pay slips and employment contract.
Penalties for noncompliance are stiff for employers and employees alike. Employers face fines and possible criminal penalties; employees working without proper visas can be detained and possibly deported.
BAL Analysis: Especially since Israel reintroduced a 30-day work permit, officials are showing no patience for employees working without proper permits or visas. Employers should take note of the audit increase and take steps to make sure all foreign employees are properly employed. It should be noted that almost all employees who have been found to be working illegally in Israel were actually eligible for “foreign expert” B-1 work visas that they did not have. Contact a BAL attorney with any questions on how to ensure that foreign employees have the proper permits or visas for the work they are doing.
What is the change? Israeli government offices will be closed for Election Day, on March 17, and for the Passover holiday from April 3 through April 12.
What does the change mean? Visa and work permit applicants should expect delays during and immediately following the holiday closures.
Background: Consular posts may suspend or limit processing during the times outlined above. Those applying for Israeli visas abroad should check with their local consular post for details on closures and processing.
BAL Analysis: Employers and applicants should prepare for the closures and file time-sensitive applications as soon as possible.
IMPACT – HIGH
What is the change? Israel has reintroduced its 30-day Short Employment Authorization (SEA) program after it was temporarily suspended in December.
What does the change mean? Qualifying foreign nationals can apply for a 30-day work-authorization, a process which is much faster than applying for Israel’s 90-day Short Term Expedited Process (STEP) program.
Background: Israel suspended the SEA program in December pending completion of formal regulations. The Ministry of Interior released regulations and announced that a new trial period would run from Jan. 26 until June 30.
The SEA program allows work activity in Israel for up to 30 days in a 12-month period. A separate application must be submitted before each entry. Applications must include personal documentation, travel information, a company affidavit, and power of attorney. In some cases, the company affidavit and power of attorney will need to be authenticated.
Nationals of countries that are not visa-waived, including China, India and Turkey, are not eligible for the SEA program and must obtain visitor visas at the Israeli consulate before traveling to Israel.
BAL Analysis: The reintroduction of the SEA program provides an option for employers who need to move foreign nationals into Israel for urgent or short-term assignments. The program allows for more flexibility in business planning.
What is the change? The U.S. Embassy in Israel will allow Israeli nationals who meet certain criteria to renew U.S. visitor visas without an in-person visit.
What does the change mean? Qualifying Israeli nationals can renew U.S. visitor visas by having their applications delivered by courier.
Background: Israeli nationals applying for U.S. visitor visas are generally required to visit the U.S. Embassy for an interview in order to apply for or renew a visa. The Interview Waiver Program allows some to apply for visas by courier, without an interview. The program was previously available only to applicants under 14 and 80 or over. It now also covers applicants between those ages who have a visa that is still valid or expired less than 12 months ago, are applying for a visa in the same place where the previous visa was issued, are applying to renew the same type of visa, were 14 or older when their previous visa was issued, and hold a visa that was issued after Dec. 31, 2007.
The visa must be one of the types listed above. It cannot have the words “clearance,” “blanket” or “waiver” printed on it. Note that officials may determine that applicants must report for an interview even when applicants meet the criteria listed above.
BAL Analysis: Waiver of the in-person requirement will significantly simplify the visa renewal process for those who qualify.
What is the change? Israel has suspended its 30-day Short Employment Authorization (SEA) pilot program until formal regulations are adopted.
What does the change mean? Employers should use Israel’s 90-day Short Term Expedited Process (STEP) work permit program until further notice.
Background: Israel launched the SEA pilot program one year ago to provide urgent work authorization for foreign employees to help with repairs and other short-term projects. The Ministry of Interior announced on Dec. 23 that it would not accept SEA applications until formal regulations are adopted. No date has been set for the adoption of the regulations, but officials expect it will occur in the near future.
BAL Analysis: The suspension of the SEA program removes one option for employers, although it appears likely the program will be reinstated relatively soon. In the meantime, the STEP program is the best option. Employers should be aware that the STEP application process can take one to two months.
What is the change? Regulations to be released soon will set new restrictions on 30-day work authorization.
What does the change mean? According to the Ministry of Interior, the new regulations will prohibit foreigners holding a 30-day work authorization (also called SEA status) from applying for a standard one-year work permit (B-1 visa).
Background: The new regulations are expected to clarify that foreigners holding SEA status must apply for a new permit for each entry into Israel and that the total duration of stay cannot exceed 30 days within a 12-month period. Additionally, under the new rules, a foreigner cannot apply for a B-1 work visa in the 12 months following the last visit with SEA status.
The new rules are in effect for new applications, not for those holding SEA status with a pending B-1 application.
SEA status is a work authorization endorsement to a B-2 visitor visa. The duration of a visitor’s SEA status is registered in the Ministry of Interior’s system before the foreign national enters Israel.
BAL Analysis: The new rules will make it harder to convert from a 30-day SEA to a B-1 work visa without lengthy interruptions. Therefore, foreign assignees may opt to apply for a B-1 visa instead of SEA status if their work is likely to last more than 30 days within a 12-month period.
IMPACT – LOW
What is the change? Australia and Israel have agreed to a reciprocal Work and Holiday visa program.
What does the change mean? The memorandum of understanding provides 500 visas in each country for young people to work and travel for up to a year in each other’s countries.
Background: Australia and Israel signed the agreement 22 October and announced that they will work toward implementing immigration procedures in coming months. Work and Holiday visas provide that young adults, generally aged 18 to 30, may travel and work on a short-term basis, usually for up to one year.
BAL Analysis: Australia continues to expand its Work and Holiday program. Israel is the 12th country to be added to the program, joining Argentina, Bangladesh, Chile, Indonesia, Malaysia, Papua New Guinea, Poland, Thailand, Turkey, the U.S. and Uruguay.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
What is the change? Government agencies will be closed during the observances of Rosh Hashana and Sukkot.
What does the change mean? No work permits or visa applications will be processed.
Background: All government offices in Israel will close for the holidays. Consular posts will have the option of closing or staying open on a part-time schedule.
BAL Analysis: Employers should be mindful of these holidays and submit planned applications as soon as possible so that they are processed immediately. Applicants for visas and permits should check with their local consulates for holiday schedules.