Episode 38: Form I-9 deadline, TPS for Sudan and Ukraine, Europe’s travel authorization system

It’s Aug. 24, and this is your BAL Immigration Report.

• An important I-9 deadline will arrive next week.
• The Biden administration extends Temporary Protected Status for Sudan and Ukraine.
• European countries move to establish a new travel authorization system.

“In this instance, similar to Brexit — and not like a pandemic or a travel ban on Muslims or anything that is a bit more sudden — companies have the chance to prepare, and they should take that chance to make sure they prepare accordingly.”

—Jonathan Nagel, BAL Senior Associate

U.S. news

I-9 follow-up inspections due by Aug. 30

Companies that relied on COVID-19 flexible measures to conduct remote Form I-9 document reviews are reminded that they have until Aug. 30 to complete follow-up inspections. Employers who were enrolled in E-Verify during the pandemic may use alternative procedures to satisfy the physical examination requirement of Form I-9 documents if they meet certain requirements. Otherwise, employers must perform an in-person examination of these documents.

Regardless of verification method, U.S. Citizenship and Immigration Services has confirmed that all employers must conduct follow-up inspections of Form I-9 documents by Aug. 30. Details are available on the E-Verify website or BAL.com/news.

TPS for Sudan, Ukraine

The Department of Homeland Security announced it will extend and re-designate Temporary Protected Status, or TPS, for nationals of both Sudan and Ukraine. The 18-month extension allows currently eligible TPS beneficiaries to retain status through April 19, 2025. The re-designation allows additional Sudanese and Ukrainian nationals to file first-time applications if they meet eligibility requirements. TPS beneficiaries can obtain employment authorization documents and may not be removed or detained by DHS based on their immigration status.

U.S. news roundup

• The Biden administration is defending humanitarian parole programs in court.
• S. Citizenship and Immigration Services will reopen its field office in Havana, Cuba.
• USCIS launched an online form for individuals requesting in-person appointments.

Spotlight

Conversation with Monika Gilliam, BAL immigration manager for Canada and Europe, and Jonathan Nagel, BAL senior associate: Europe’s forthcoming travel authorization system.

BAL Immigration Report: You may have seen the headlines recently: “U.S. passport holders will need a visa to travel to Europe in 2024,” or “Europe will roll out an entry fee and visa requirement next year.” These reports aren’t exactly correct — the European Union is not imposing a visa requirement on Americans. The EU is moving to launch a new electronic travel authorization program, one that will make business travel slightly more complicated for nationals of 60 visa-exempt countries, including the United States, Canada, the United Kingdom and Australia. The European Travel Information and Authorization System, or ETIAS, is expected to take effect sometime in 2024; the exact implementation date has not been announced. ETIAS is designed to work as a digital watchdog for Europe and will be required for travel to any of the 30 EU and/or Schengen area countries. We asked Monika Gilliam, BAL’s immigration manager overseeing Canada and Europe, what people should expect.

Gilliam: So this process is similar to the United States’ ESTA. The travel authorization is an entry requirement for visa-exempt nationals traveling to the Schengen area. It is linked to a traveler’s passport, so you can fill out the application form using either the official website or the mobile app. Applying for the travel authorization will cost 7 euros, and it’s important to note that applicants under the age of 18 or over the age of 70 are exempt from the payment. It is valid for up to three years or until the passport expires, whichever comes first.

Most applications are processed within minutes. However, it is possible the applications may take longer to process. If so, then you can expect to receive a decision within four days, and it’s important to note that this period can also be extended by up to 14 days if you are requested to provide additional information or documentation, or up to 30 days if you’re invited for an interview. This is why you should always apply for the travel authorization well in advance of your planned journey. So in short, it’s an extra step that you and your employees will need to take that you’ve never taken or done before. Although the process is simple, it’s a drastic change compared to the last several decades.

BAL: Gilliam stressed that ETIAS will not do away with other travel and immigration rules.

Gilliam: A valid travel authorization entitles you to stay in European countries requiring the ETIAS for up to 90 days within any rolling 180-day period. The same restrictions on duration of stay will still apply. The only difference is that you will need to take the extra step of getting the ETIAS now. Having a valid travel authorization does not guarantee an automatic right of entry, however — when an individual arrives at the border, the border officer will verify that you meet the entry requirements, and it could still result in refusal of entry. For example, if an officer asks what you are doing and determines that your answer means that you will be conducting work, then they may deny entry and require you to return with a work permit.

BAL: ETIAS has been delayed several times, but BAL Senior Associate Jonathan Nagel says even with some uncertainty over timing, companies can begin planning now.

Nagel: The first thing to consider is that we don’t know the exact timing, so it’s going to be hard to line things up perfectly, but that doesn’t mean that you can’t start with some basic due diligence, sign-posting and really figuring out how to roll this out. The first step that we’re recommending clients do is get an understanding as to what this is, which hopefully this podcast and other materials you see online will help, followed by figuring out who owns the business traveler population within your company. Whether that’s global mobility, immigration, a travel desk, or maybe entirely up to a third-party vendor, figure out who the owner is, and then figure out who needs to control the messaging and the sign-posting and really getting the word out there to your entire employee population. There’s going to be tons of folks who, although as we mentioned, will find the process itself easy to do, might be surprised and might find it a little challenging if they either don’t pay attention to the news or are simply too busy to listen to what you’re sending out. So a few things that we talked to our clients about have been sending out newsletters periodically over the next several months until we get closer and closer to the date, advising people about the change — maybe even having a town hall if you happen to have a very, very intense business visa population — but some manner of getting the message out there and ensuring that everyone is aware of the change coming and what that means for them and what that means for the company.

BAL: We asked Nagel whether he has seen new travel requirements catch people off guard in the past.

Nagel: We definitely have. There’s been instances of travel requirements that have been new and sudden — so obviously, we all remember COVID and in some cases still are living with it. But something that really jumps to mind, especially as it comes to Europe, was the U.K.’s departure from the European Union, i.e., Brexit. This was an instance where companies could have prepared, and many truly did. But in some instances, additional preparation would have gone a long way in ensuring less frustration for employees in the business in the sense that once the U.K. did leave the EU — despite news and webinars and what I assume are multiple town halls across hundreds, if not thousands, of companies around the world — there were still instances of candidates, recruiters, employees being taken a bit by surprise by the departure and what that meant for work permits and work authorization and travel opportunities.

So in this instance — similar to Brexit and not like a pandemic or a travel ban on Muslims or anything that is a bit more sudden — companies have the chance to prepare, and they should take that chance to make sure they prepare accordingly, ensuring that their population, whoever’s impacted, whether that be individual contributors, managers, recruiters, business leads, business development, find the right audience and ensure that they are made aware of this upcoming restriction so that no one is emailing or calling a director or a VP or your provider at 8 o’clock in the morning from an airport as they try a board of flight for Frankfurt or Barcelona.

BAL: Nagel and Gilliam recently authored a BAL perspective on Europe’s forthcoming travel authorization requirement.

Global news

S pass holder salary increases

Singapore will increase its monthly minimum salary for S pass holders on Sept. 1. The minimum salary for S pass renewal applicants will rise to 3,000 Singaporean dollars, or about US$2,200 per month. The new S pass applicant salary minimum will increase to 3,150 Singaporean dollars per month. S pass workers in the financial sector will see their monthly salary minimum increase to 3,500 Singaporean dollars for renewing applicants and 3,650 Singaporean dollars for new applicants. These changes were first announced in 2022. Businesses may see a slight increase in labor costs due to the new wage minimums.

Czech digital nomad visa

In the Czech Republic, the government recently launched a digital nomad program for citizens of seven countries. Nationals of Australia, Canada, Japan, New Zealand, South Korea, the United Kingdom or the United States who are either employed by a foreign company or self-employed and hold a Czech business license are eligible for the program. Individuals must perform all work remotely and are not permitted to work for a Czech company. Applicants may obtain a visa valid for up to one year and then may be eligible to apply for a residence permit valid for up to two years.

Global news roundup

• The Vietnamese government implemented changes to its e-visa program.
• Taiwan has changed its process for reviewing foreign Special Professional Work Permit
• Authorities in New Zealand announced several changes to the Accredited Employer Work Visa

Follow us on X, and sign up for daily immigration updates. We’ll be back next week with more news from the world of corporate immigration.

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