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The Department of Homeland Security has announced the extension and redesignation of Venezuela for Temporary Protected Status.
Key Points:
Additional Information: The Biden administration announced the TPS extension/redesignation as part of a broader effort to increase border enforcement and accelerate the processing of work authorization requests. Among other initiatives, DHS said U.S. Citizenship and Immigration Services would “increase the maximum validity period of initial and renewal EADs to 5 years for certain noncitizens, including those admitted as refugees or granted asylum; recipients of withholding of removal; and applicants for asylum, adjustment of status, or cancellation of removal.” DHS said this change would reduce USCIS’ workload and help improve processing times but did not provide details about when it would take effect or precisely who would be eligible. BAL will monitor the implementation of this announcement and provide information as it becomes available.
This alert has been provided by the BAL US Practice Group.
Copyright © 2023 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
Air travel in Venezuela will continue to be restricted until at least Oct. 12. Only flights for humanitarian purposes are allowed at this time. Key Points:
Background: Commercial air travel has been shut down since March. Consular services are also strictly limited because of COVID-19 and diplomatic relations. Analysis & Comments: Most travel to Venezuela is not permitted at this time and will remain suspended until at least Oct. 12. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.
Rest of World 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 includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or 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.
VENEZUELA (Aug. 2, 2019) – Apostille and document legalization services resume
What is the change? Online apostille and document legalization services have resumed after a suspension last month.
What does the change mean? While the online system is available, apostille and legalization services may still be delayed because of a backlog of applications. Additionally, immigration processes in other countries that require apostilled or legalized Venezuelan documents may still be delayed because of the application backlog.
Background: Earlier this month, apostille and legalization services were available only intermittently and were mostly unavailable.
In response, many countries in the region, such as Argentina , Colombia and Costa Rica, have eased visa and residence permit application rules for Venezuelan nationals to account for the difficulties many are facing obtaining apostille services in Venezuela.
Analysis & Comments: While apostille and document legalization services have resumed, applicants should expect long delays because of the backlog of applications. Applicants should prepare to wait up to six month for apostille service appointments and one week to obtain the final document after the appointment is secured. While many countries have eased visa and permit application requirements for Venezuelan documents, many documents still require apostille services, and the ongoing delay of these services in Venezuela may impact business schedules. Employers should consult with their immigration advisor to determine the best plan of action.
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? The Ministry of Foreign Affairs’ online apostille and document legalization system is no longer working consistently.
What does the change mean? The online system is available only intermittently, meaning apostille and legalization services are delayed and may be unavailable. Immigration processes in other countries that require apostilled or legalized Venezuelan documents may be delayed due to the system’s limited availability.
Background: Apostille services are no longer guaranteed and, if available, may be delayed. Applicants should plan for longer wait times for the services mentioned above.
In response, many countries in the region, such as Argentina, Colombia and Costa Rica, have eased visa and residence permit application rules for Venezuelan nationals to account for the difficulties many are facing obtaining apostille services in Venezuela.
Analysis & Comments: Employers should take the suspension into account when planning business schedules. While many countries have eased visa and permit application requirements for Venezuelan documents, many documents still require apostille services, and the ongoing suspension of these services in Venezuela may lead to processing delays. Employers should consult with their immigration advisor to determine the best plan of action.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the change? Document processing times have increased and cannot be anticipated or guaranteed as the result of changes in the Venezuelan Administrative Service of Identification, Migration and Foreigners (SAIME) technology system.
What does the change mean? Applicants will have to wait for SAIME to finish processing their application. No estimated or guaranteed processing times are available.
Background: SAIME has been changing its processes following the implementation of a new technology system. Document processing delays have increased in recent months as officers have been receiving training in operation of the new system.
Analysis & Comments: Applicants and employers are encouraged to avoid canceling any procedure or application because of the delayed processing times. Processes are expected to return to normal when training in the new system is complete (estimated to be within the next two to three months).
What is the change? The Venezuelan government has increased the minimum wage from 3 million bolivars per month (about US$12) to 180 million bolivars – or 1,800 bolivares soberanos (about US$724) following the recent monetary conversion. The change was published in the official gazette following an announcement from President Nicolás Maduro last month.
What does the change mean? Venezuela requires work permit holders to have a salary of at least 3.4 to 4 times the legal minimum wage. Following the minimum wage increase of 5,900 percent, the Labor Bureau is accepting work permit salaries of 2,500 bolivares soberanos (about US$1,005), though this is likely to change and it is recommended that employers provide salaries of about 5,000 bolivares soberanos.
Background: Venezuela is suffering from massive inflation (approaching 1 million percent), and the announced increase to the minimum wage is the latest in a series of increases made by Maduro.
BAL Analysis: Employers should factor the updated work permit salary minimums into their budgets for foreign national employees. The change will affect companies employing foreign workers who make less than 5,000 bolivares soberanos per month. Employers are also reminded that foreign employee salaries may not constitute more than 20 percent of the total wages paid to a company’s employees. For questions regarding salary requirements, please contact your BAL representative.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2018 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? Venezuelan President Nicolás Maduro has announced that minimum wage rates will increase from 3,000,000 bolivars per month (about US$12) to 180,000,000 bolivars (about US$724).
What does the change mean? The announced changes equate to a 5,900 percent increase in minimum wages for all workers in Venezuela, including foreign workers.
Background: Venezuela is suffering from massive inflation (approaching 1 million percent), and the announced increase to the minimum wage will be the latest in a series of increases made by President Maduro.
BAL Analysis: Employers should factor the new minimum wages into their budgets for all employees, including foreign national employees. The change will have minimal impact on companies employing workers who already make more than 180,000,000 bolivars per month.
This alert has been provided by the BAL Global Practice group and our network provider in Venezuela. For additional information, please contact your BAL attorney.
What is the change? Government offices, including immigration services, may close or operate on a limited basis ahead of the country’s presidential election on Sunday.
What does the change mean? While no official statement of closure has been made, offices may close or operate with limited hours in the days leading up to and immediately following the election. Processing for many immigration services may be delayed until next week.
BAL Analysis: Employers who need services should expect delays this week and next week because of the election. Foreign nationals may wish to avoid nonessential travel in and around Caracas until after the presidential election, especially in the event of large demonstrations or rallies.
This alert has been provided by the BAL Global Practice group and our network provider located in Venezuela. For additional information, please contact your BAL attorney.
What is the change? The Venezuelan Migration Authority has significantly increased the fee charged for all transient labor (TR-L) visas that are applied for in-country and now requires that the fee be paid in U.S. dollars and not in Venezuelan currency.
What does the change mean? The change increases the government fee from approximately US$3 to about US$200 for TR-L visa applicants and their dependent family members.
Background: The TR-L visa is the primary work visa in Venezuela. The government implemented new regulations affecting the processes for obtaining new and renewed TR-L visas in 2016, adding new requirements to the application process.
BAL Analysis: Companies and individuals should budget for the increases as they submit TR-L and TR-FL applications. Fees for consular visas, such as business (TR-N) visas and investor (TR-I) visas, are also expected to increase, but the increases may depend on the individual consulates.
What is the change? Argentinian officials have said they will ease residence visa processes for Venezuelan nationals who cannot obtain required documentation because of circumstances beyond their control.
What does the change mean? Venezuelan nationals submitting first-time residence visa applications will be able to apply for visas even in cases where they cannot obtain all of the required documentation. The measure recognizes the extreme delays in receiving criminal record certificates from Venezuela and seeks to discourage Venezuelan nationals from falling prey to fraudulent scams offering to obtain the required documents.
Background: Tens of thousands of Venezuelan nationals have left their country because of the ongoing political and economic crisis there. Some Venezuelans are unable to return home and many remain in other South American countries illegally without visas or with expired visas. Argentina’s decision provides some relief to Venezuelan nationals and follows programs in Colombia and Peru that offer special temporary permits to Venezuelans. Argentina’s measure allows authorities to waive normal documentation requirements in cases where they conclude an applicant does not pose a threat to public safety.
BAL Analysis: The extension of the visa process for Venezuelan nationals provides relief to Venezuelans seeking to apply for temporary residence. Venezuelan nationals should remain aware of and avoid fraudulent businesses offering to obtain the documents required to apply for a residence visa in Argentina.
This alert has been provided by the BAL Global Practice group and our network provider located in Argentina. For additional information, please contact your BAL attorney.
Copyright © 2018 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.