What is the change? The Colombian government has extended the legalization program for Venezuelan nationals into a second phase.

What does the change mean? Venezuelan nationals who entered Colombia legally before Feb. 2 are eligible to apply for a special permission to stay through a Department of Migracion Colombia website. In order to be eligible, they (1) must have a valid Venezuelan passport with a stamp that proved entrance to Colombia before Feb. 2, (2) cannot have a criminal record in Colombia or another country and (3) must not be subject to a deportation order. Authorities may exercise their discretion in deciding whether to issue a special permission to stay.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: Special permit of permanence (PEP).
  • Who is affected: Venezuelan nationals who entered Colombia legally before Feb. 2, remained in Colombia through that date and do not have a criminal record or a deportation order against them.
  • Business impact: The special permit authorizes the individual to work, study and qualify for social security.
  • Next steps: Applicants may apply online at www.migracioncolombia.gov.co. A PEP will be granted for a period of 90 calendar days and can be extended 90 days at a time, without exceeding a period of two years. Venezuelan citizens who already have a PEP may not request a new document.

Background: Minister of Foreign Affairs María Ángela Holguín announced the first phase of the legalization program in August 2017 and Venezuelans who entered Colombia legally before July 28, 2017, were eligible to apply for a PEP. At that time, approximately 150,000 Venezuelan nationals were in Colombia with an expired visa.

BAL Analysis: The legalization program continues to provide relief to tens of thousands of Venezuelans, including those who have been unable to return home due to the ongoing political and economic crisis in that country.

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.

IMPACT – MEDIUM

What is the change? Antigovernment protestors launched a two-day general strike ahead of Sunday’s scheduled vote to form a new constituent assembly. The strike has led to office and road closures. Traveling to Venezuela has also become more difficult as airlines continue to cut down on the number of flights to the country.

What does the change mean? All services are affected by the demonstrations, which have prompted widespread office and road closures, particularly in Caracas and other major cities. Processing times will likely be further delayed as offices face service and staffing reductions and demonstrators disrupting roads and public transportation. Travel to Venezuela may also be delayed.

  • Implementation time frame: Immediate and ongoing. The government has moved to ban protests Friday and throughout the weekend, but it is not clear what effect the measures will have.
  • Visas/permits affected: All visas, permits, and consular and diplomatic services.
  • Who is affected: People in need of immigration services in. or traveling to, Venezuela.
  • Impact on processing times: Processing times vary fairly dramatically, even in cases where applications are properly filed with all appropriate supporting documentation. Processing times are likely to face additional delays because of this week’s strike and related demonstrations.
  • Business impact: Businesses may need to adjust start dates and timelines.

Background: Antigovernment demonstrators have been protesting President Nicolás Maduro’s government since April. Demonstrations have ramped up since last week as a vote that critics say will give Maduro more power approaches. Demonstrators began a 48-hour general strike Wednesday, and planned to continue protesting Friday.

Processing times, which were already inconsistent, are likely to be further delayed and many services are not available at all. This includes services at a number of foreign embassies and consulates The U.S. Embassy in Venezuela, for example, said its consular section would be open during the 48-hour period only for emergency services. Visa appointments are being rescheduled. The embassy also said it “strongly cautions all U.S. citizens to avoid protest areas, as even demonstrations intended to be peaceful can escalate into violence.”

Flights to Venezuela have been significantly cut back. The Colombian airline Avianca said Wednesday that it is halting service to Venezuela because of security concerns. Reuters reported that other airlines that have either suspended or reduced flights to Venezuela include United Airlines, American Airlines, Delta Air Lines, Air Canada, Aeromexico and LATAM Airlines Group.

BAL Analysis: Foreign and Venezuelan nationals should prepare for the possibility of extensive delays in services. Foreign nationals may want to take personal safety measures and avoid demonstrations. The reduction in flights makes it more difficult to travel to Venezuela. Those with scheduled flights may wish to double-check with their airline about possible cancellations or delays before traveling.

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.

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.

IMPACT – MEDIUM

What is the change? Antigovernment protests and unexpected office closures have hampered already unpredictable immigration processes in Venezuela.

What does the change mean? All services are affected and processing times vary widely, both for foreign nationals seeking work authorization in Venezuela and for Venezuelan nationals or residents in need of criminal background checks or other services in Venezuela. Consular authorities and Ministry of Foreign Affairs offices are also experiencing delays in service as demonstrations have disrupted roads, traffic and public transportation.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: All visas, permits, consular and diplomatic services.
  • Who is affected: Foreign nationals seeking work authorization or other immigration-related services in Venezuela.
  • Impact on processing times: Processing times vary fairly dramatically, even in cases where applications are properly filed with all appropriate supporting documentation.
  • Business impact: Businesses may need to adjust start dates and timelines because of the delays.

Background: Processing times vary widely depending on a number of factors and may be exacerbated by frequent personnel changes or unexpected closures. Based on the best information BAL is able to obtain, the current processing times are approximately:

  • Work permits: 30 days.
  • Legalizations: 40 to 60 days.
  • Apostillizations: 120 days.
  • Criminal background checks: four days.

Antigovernment protests have continued over the past couple of weeks, further throwing processing times into flex. Even when open, government offices usually close at noon, further limiting the ability to obtain services.

BAL Analysis: Businesses should plan as far in advance as possible and factor in delays that could arise due to unexpected circumstances.

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.

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? Venezuela has implemented new regulations affecting the processes for obtaining new and renewed transient labor (TR-L) visas.

  • What does the change mean? Foreign nationals applying for renewed transient labor (TR-L) visas must obtain a renewed work permit prior to submitting their application. They should be sure that if they obtain a new passport, their TR-L visa is transferred before travel and must make an appointment for visa stamping and pickup after receiving a visa authorization letter.
  • Implementation time frame: Immediate and ongoing. 
  • Visas/permits affected: Transient labor (TR-L) visas.
  • Who is affected: Foreign nationals who are applying for new or renewed TR-L visas or who have obtained a new passport before the expiration of their TR-L visa.
  • Impact on processing times: Failure to follow the new regulations could cause significant delays.
  • Business impact: Businesses should take note of the changes and make sure employees are following procedures correctly.

Background: The TR-L visa is the primary work visa in Venezuela. The Venezuelan government recently announced that:

  • Authorities will not accept TR-L visa renewal applications unless the applicant has already obtained a renewed work permit.
  • TR-L visa holders who obtain a new passport must have their visas transferred to their new passports before attempting to enter Venezuela. Those who fail to do so risk being denied entry even if the TR-L visa remains valid. The process of transferring a valid TR-L visa to a new passport requires the completion of a “Recuento de pasaport,” which must be obtained through the office of the Venezuelan Servicio Administrativo de Identificación Migración y Extranjería (SAIME).
  •  After a work permit is issued, applicants must make an appointment at the appropriate Venezuelan consulate for visa stamping and pickup. Generally, appointments must be made within four months of issuance, though this time frame may change from case to case, subject to the discretion of Venezuelan officials. Those who fail to make an appointment on time may have to start the application process over again.

BAL Analysis: The changes add more requirements to the TR-L visa application process in some instances. In order to avoid unnecessary difficulty, employers should take note of the changes and make sure procedures for affected foreign nationals are properly followed.

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.

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 – HIGH

What is the change? Venezuela will continue to operate all government offices on a half-day schedule until further notice.

What does the change mean? Companies and individuals should plan for delays when applying for work permits, visa renewals and related government services, such as document processing and legalizations.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: Work permits, visa renewals, document legalizations.
  • Who is affected: Foreign nationals seeking government services in Venezuela.
  • Impact on processing times: Delays are now expected to continue indefinitely.
  • Business impact: Companies may need to adjust business schedules and start dates.

Background: Venezuela began curtailing government operating hours in May to approximately 10 hours per week. The government has now announced that while public offices will be open Monday through Friday, they will only operate from 8:30 a.m. to 1 p.m.

The government had indicated that the closures were intended to reduce energy consumption during the El Niño storm season.

BAL Analysis: Applicants should factor in the shorter government office hours and anticipate that delays are likely to continue indefinitely until the government resumes normal full-time service.

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.

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 – HIGH

What is the change? The Venezuelan government has announced that it will extend restrictions on government working hours until June 10.

What does the change mean? Applicants should expect delays to continue until the end of June in all governmental services, including documents processing, legalizations, work permit applications and visas renewals.

  • Implementation time frame: Ongoing.
  • Visas/permits affected: Work permits, visa renewals, legalizations.
  • Who is affected: Foreign nationals seeking immigration-related or other government services in Venezuela.
  • Impact on processing times:Delays are expected to continue through the end of June.
  • Business impact: Companies should anticipate significant delays that may impact business schedules and start dates.

Background: Through June 10, all Venezuelan government entities will only be open on Mondays and Tuesdays and closed the rest of the week. Additionally, most government entities will work a reduced schedule from 8 a.m. to 1 p.m.

This means that most government entities will be working only 10 hours per week.

The announcement extends the curtailed schedule that was previously announced for the month of May. The closures are intended to reduce energy consumption during the El Niño storm season.

BAL Analysis: Although business hours are expected to return to normal by mid-June, employers and individuals should anticipate a backlog that will cause delays through at least the end of the month.

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.

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.

The U.S. Embassy in Caracas has suspended business and tourist visa processing for first-time applicants, due to staffing shortages that have forced the embassy to curb services.

Key points:

  • The embassy issued a statement May 18, saying that it was no longer able to book new appointments for first-time business or tourist (B-1/B-2) visa applicants.
  • Embassy staff will attempt to schedule appointments for B-1/B-2 visa applicants who submitted an application fee on or before May 18. These applicants are urged to schedule an appointment as soon as possible once time slots are offered.
  • A limited number of appointments will be available to those renewing a valid U.S. visa or applying as a first-time applicant for any petition-based, student or investor visa (E, F, J, M, H, I, L, O, P, Q, R, T, U). These applicants should expect longer-than-normal wait times for appointments.
  • The embassy will continue scheduling appointments for immigrant visa applicants.

Background: The embassy said the service cutbacks are the result of the Venezuelan Foreign Ministry’s refusal to issue visas to embassy personnel and to technicians who maintain the embassy’s computer system. “For many months, we have not had sufficient embassy personnel to handle the existing workload in Venezuela and, despite our best efforts, large backlogs of visa applications have accumulated,” officials said in a statement posted to the embassy website. The statement said that full visa services would resume once staff members receive the visas they need and begin working.

BAL Analysis: The change could have a negative impact on Venezuelans, including oil and gas professionals, seeking business opportunities in the U.S. On top of that, even when full services are restored, embassy staff will be faced with a backlog of visa applications and possibly a raft of new applications that could cause significant processing delays.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.

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 – HIGH

What is the change? The Venezuelan government has announced further limitations on government working hours to reduce energy consumption.

What does the change mean? In addition to a reduced schedule of 8 a.m. to 1 p.m. for most government offices, all government entities during May will be closed Wednesdays, Thursdays and Fridays.

  • Implementation time frame: Immediate.
  • Visas/permits affected:Work permits, visa renewals, legalizations.
  • Who is affected:Foreign nationals seeking immigration-related or other government services in Venezuela.
  • Impact on processing times:Delays are expected to continue until the end of June.
  • Business impact:Companies should anticipate significant delays that may impact business schedules and start dates.

Background: Earlier this month, the government announced that most government offices would be closed on Fridays and work a reduced schedule Mondays through Thursdays. According to an updated announcement, during the month of May all government entities will further reduce working days to Mondays and Tuesdays from 8 a.m. to 1 p.m. only.

The closures are intended to save energy during the El Niño storm season.

BAL Analysis: Employers and foreign nationals should be aware that most government offices will only be operating 10 hours per week in May. Even if normal hours resume in June as planned, applicants should anticipate a backlog to cause delays through June.

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.

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? Government agencies have significantly reduced operating hours in an effort to save energy, a change that is expected to cause significant processing delays.

What does the change mean? Most government agencies will be closed Fridays. Agencies will operate on a reduced schedule Monday through Thursday, when they will be open from 8 a.m. to 1 p.m. Anyone in need of work permits, visa renewals, document legalization or other immigration-related services should be prepared for delays that could last months.

  • Implementation time frame: Immediate and ongoing. Delays should be expected at least through June.
  • Visas/permits affected: Work permits, visas and all other immigration-related services.
  • Who is affected: Anyone applying for work permits, visas or in need of other immigration-related services, such as document legalization.
  • Impact on processing times: The reduced hours are expected to significantly delay processing times.
  • Business impact: Employers may need to adjust timelines and start dates if employees are affected by the slowdown in processing times.

Background: Venezuela is often hampered by processing delays, but the changes – which took effect today – will further exacerbate the challenge of obtaining immigration services in a timely manner.

It is not clear how long the reduced hours will last. A notice published in Venezuela’s Official Gazette said the schedule will remain in place until the effects of the El Niño weather system pass. The notice does not list a date when hours will return to normal, but employers should expect that Venezuela will operate with reduced hours at least through May.

Delays are expected to persist into June or even longer because officials will have a backlog to work through even after normal hours resume.

BAL Analysis: Those in need of immigration services in Venezuela should submit applications as early as possible and be prepared for significant delays. Employers should work with their BAL professional to strategize how best to obtain immigration services in Venezuela over the next few months.

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.

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? Some foreign embassies in Venezuela are requesting that police clearances issued by Venezuelan authorities contain a validation code for additional security.

What does the change mean? Citizens of Nigeria and Angola requesting Venezuelan police clearances should not apply for standard police clearances and should put in a special request that the Ministry of Interior stamp their police clearances with a unique bar code. The practice may be adopted by other embassies.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: Police clearance certificates.
  • Who is affected: Companies and foreign employees seeking police clearance certificates.
  • Impact on processing times: The request for a unique validation code may require additional time.
  • Business impact: BAL can assist companies seeking Venezuelan police clearances for Nigerian and Angolan employees to obtain the validation code.

Background: The Ministry of Interior issues police clearance certificates either in standard form or with a validation code. The validation code that appears as a bar code on the document is a security measure to prevent fraud.

BAL Analysis: Affected nationals should allow more time to obtain the additional validation code. Other nationals should check with their BAL team to determine if their embassies are also requesting the code.

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.

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.