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1. ELECTRONIC TRAVELER SYSTEMS: AN OVERVIEW -

This article provides an overview of recent developments with respect to electronic traveler systems in several countries.

2. BELGIUM -

A new Act provides for an increased focus on integration efforts, including mandatory signing of a "newcomers statement" for long-term (greater than three months) residence for some foreigners.

3. CANADA -

This article discusses obtaining permanent residence in Canada through the Express Entry system.

4. FRANCE -

France is implementing a law on the rights of foreigners in France.

5. ITALY -

Several developments have been announced.

6. SPAIN -

This article discusses the non-lucrative residence permit, which allows third-country nationals (foreign nationals not covered by the EU legal framework) to live in Spain without performing labor activities.

7. TURKEY -

There has been an important change in citizenship rules.

8. UNITED KINGDOM -

This article briefly notes hot topics for 2017.

9. New Publications and Items of Interest -

New Publications and Items of Interest

10. Member News -

Member News

 

 
 
1. ELECTRONIC TRAVELER SYSTEMS: AN OVERVIEW
 

This article provides an overview of recent developments with respect to electronic traveler systems in several countries. Many countries do not have electronic traveler systems similar to the Electronic System for Travel Authorization in the United States.

Belgium

Belgium does not have an electronic traveler system similar to the Electronic System for Travel Authorization in the United States. Belgium has implemented European legislation, including EU Directive 2016/681 of April 27, 2016, on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offenses and serious crime. An Act, dated December 25, 2016, was published in the Belgian Official Journal of January 25, 2017 (PNR Act).

The PNR Act provides that passenger carriers of all transport sectors (air and sea, trains, road transport), as well as travel operators/companies, must communicate passenger data to the Passenger Information Unit (PIU). The PIU, which will be part of the federal Ministry of Interior Affairs, will store the data in a passenger database and analyze it for security purposes. The PNR Act provides privacy guarantees, such as rules for the organization of the PIU, and a limited list of purposes for which passenger data can be processed and analyzed.

The PNR Act has not yet taken effect. A Royal Decree will determine the effective date for each transport sector and for travel operators/companies.

Canada

In an effort to enhance border security, in 2011 the Canadian federal government launched the "Canada-United States Perimeter Security and Economic Competitiveness Action Plan," which mentioned the potential implementation of an electronic screening process for all visa-exempt foreign nationals. Effective November 10, 2016, all visa-exempt foreign nationals wishing to travel to Canada by air must obtain an electronic travel document called an Electronic Travel Authorization (eTA) before boarding their flights to Canada. This new measure is designed to allow Canadian authorities to pre-screen all visa-exempt foreign nationals and identify any cause that would make a foreign national inadmissible to Canada. This important initiative is expected to reduce costs for Canadian authorities and delays for travelers by having inadmissibility assessments conducted before a foreign national's arrival in Canada rather than at a Canadian port of entry.

This new obligation to obtain an eTA before air travel applies to all foreign nationals who do not require a Temporary Resident Visa/Visitor Visa to enter Canada. Canadian citizens, Canadian Permanent Residents, and U.S. citizens are exempt from this requirement and can continue to enter Canada using their valid Canadian passports, Canadian Permanent Residency cards, or U.S. passports. In addition to this newly introduced travel measure, Canadian dual citizens must be vigilant when traveling to Canada because they now must travel with their Canadian passports and can no longer enter Canada with the passport of their other country of citizenship. An exception is made for dual Canadian/U.S. citizens, who can continue use their U.S. passports to enter Canada.

An eTA can be obtained online and is usually approved within minutes of applying. The eTA is an electronic document and there is no paper evidence of it. Air carriers are given access to the Canadian Border Services Agency's database to verify whether foreign nationals have obtained the required eTA before boarding their flights to Canada. Foreign nationals should carefully review the accuracy of their information when submitting an application and should be sure to spell their name as it appears on the bottom of the passport (machine-readable portion) rather than using the spelling shown elsewhere on the passport, if the spelling differs.

Italy

Italy does not have an electronic traveler system similar to the Electronic System for Travel Authorization in the United States.

United Kingdom

The United Kingdom does not have an electronic traveler system similar to the Electronic System for Travel Authorization in the United States. Passport holders from Kuwait, Oman, Qatar, and the United Arab Emirates (UAE) are eligible to apply for electronic visa waivers (EVWs) permitting them to visit the UK for up to six months for tourism, business, study, or medical treatment. 

EVWs may be used only once, and each person traveling to the UK must obtain his or her own EVW (i.e., each member of a family traveling together must apply for and obtain an EVW).

EVW applications may be made online at https://www.electronic-visa-waiver.service.gov.uk/apply/begin (instructions are provided in both English and Arabic) and must be submitted between 3 months and 48 hours before travel to the UK. Individuals should have the following ready before applying:

  • A current, valid passport;
  • The address in the UK where the applicant will be staying;
  • Travel details (flight number, departure/arrival dates and times); and
  • An uploadable image of the applicant's passport photo page.

Third parties may apply on behalf of individuals seeking an EVW, but they must also provide their contact details.

Successful applicants will receive an email with a link to download their EVW within 24 hours of submitting the application online. The EVW must be shown before boarding the aircraft, boat, or train, as well as at the UK port-of-entry immigration controls.

If the departure location (airport, port, or train station), or arrival time in the UK (if greater than 8 hours) changes, EVW holders must amend their travel details online. Individuals will need to provide the EVW number and date of birth to make changes.

 
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2. BELGIUM
 

A new Act provides for an increased focus on integration efforts, including mandatory signing of a "newcomers statement" for long-term (greater than three months) residence for some foreigners.

A new Act, which imposes integration efforts on some foreigners who want to reside in Belgium for more than three months, has been published in the Belgian Official Journal of January 16, 2017. There are two aspects under the Act: the signing of a "newcomers statement" at the time of the initial residence application, and a future "audit" of integration efforts:

  • An applicant for long-term (greater than three months) residence must sign a "newcomers statement" in which he or she acknowledges (i) understanding the fundamental values and standards of Belgian society, and (ii) willingness to act in accordance with (French: agir en conformité avec/ Dutch: handelen naar) these values; and
  • The applicant will be informed that he or she must submit proof of his or her integration efforts in the future.

The new rules apply to, for example, third country (non-European Union [EU]/European Economic Area [EEA]) labor migrants, as well as their family members who apply for residence on the basis of family reunification.

Several categories of foreigners are exempt; for example:

  • Recognized refugees or beneficiaries of subsidiary protection and their family members;
  • EU/EEA (EEA includes EU and Iceland, Liechtenstein, and Norway) citizens and their family members;
  • Students;
  • Victims of human trafficking;
  • Long-term residents (Council Directive 2003/109/EC of 25 November 2003);
  • Minors;
  • Foreigners who are seriously ill.

Noncompliance and consequences include:

  • A refusal to sign the "newcomers statement," which will result in inadmissibility;
  • A foreigner who holds a residence permit for a limited term must prove his or her willingness to integrate. This proof must be submitted within the first limited residence term (e.g., for a labor migrant = duration of work permit + 1 or 3 month(s)); failure could be a ground for refusal to renew the residence permit;
  • The Minister for Asylum and Migration or the Foreigners' Office (federal department in charge of immigration) can terminate the right to reside if the authorities find that the foreigner has not made a "reasonable effort" to integrate. The authorities can ask the foreigner to submit information or evidence. The right to reside can be terminated during the four years following the end of the first year after issuance of the limited or unlimited authorization to reside, or following the end of the first year after the authorization to reside in Belgium.

The authorities will assess the integration efforts by taking into account the following criteria, listed in the new Act:

  • Attend an integration course, organized by the authority competent for the foreigner’s main residence;
  • Working in Belgium as employee, civil servant, or self-employed;
  • Degree, study certificate or evidence of enrolment in a recognized or subsidized educational establishment;
  • Attend a vocational training, recognized by a competent authority;
  • Knowledge of the official language of the place, where the foreigner is registered;
  • No criminal record;
  • Active participation in community life.

If the authorities consider a decision to terminate the right to reside, they must take into account:

  • The nature and the strength of the family ties of the foreigner;
  • The duration of residence in Belgium;
  • The existence of family ties or cultural/social connections with the country of origin.

The new Act took effect, at least in part, on January 26, 2017.

  • The "newcomers statement" is not yet effective. The text of the statement has not yet been confirmed. The Belgian federal authorities will have to agree on the text with the French, Flemish, and German-speaking communities (communities are regional authorities, competent for integration);
  • The integration obligation will become relevant for all residence applications filed as of January 26, 2017.

With respect to the impact of the new requirements on non-EU/EEA labor migrants and their family members, labor migrants can probably prove integration efforts because of their work in Belgium. Things could be more complicated for their family members, but a decision to terminate residence must take into account the nature and the strength of the family ties of the foreigner, the duration of residence in Belgium, and the existence of family ties or cultural/social connections with the country of origin.

 
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3. CANADA
 

This article discusses obtaining permanent residence in Canada through the Express Entry system.

Introduced on January 1, 2015, Express Entry is an online application system used by Immigration, Refugees and Citizenship Canada (IRCC) to manage, assess, and approve Canadian permanent residence applications under the Federal Skilled Worker program, the Federal Skilled Trades program, and the Canadian Experience Class program. In addition to these economic immigration programs, Express Entry is currently being used by certain Canadian provinces as a gateway to apply for their Provincial Nominee programs. Express Entry applications are intended for foreign nationals wishing to settle in a Canadian province other than Québec (because Québec operates its own distinct permanent immigration program). While the core requirements of each program remain unchanged, Express Entry brings to the Canadian immigration world a new system designed to improve processing times and to give immigration officers the means to select from a large pool of candidates the top applicants for Canadian permanent residence.

The Express Entry system operates under a two-step process. First, a candidate wishing to apply for Canadian permanent residence must submit his or her application "profile" in the Express Entry pool of candidates, where the application is evaluated against other candidates in the pool. The Express Entry system assesses a candidate's desirability by ranking all applications received according to Comprehensive Ranking System (CRS) points, and provides each candidate with an overall CRS points score. Under the Express Entry system, CRS points are awarded to candidates based on the value of their education, their English and French language skills, their Canadian work experience, and their Canadian offer of employment, if applicable. Moreover, points are given to candidates based on a broader skills transferability category, which awards points based on a combination of English and French language proficiency, education credentials, and Canadian and foreign work experience.

Following the assessment of each candidate’s qualifications in the Express Entry system, candidates with the highest number of CRS points receive an "Invitation to Apply" for Canadian permanent residence. This "Invitation to Apply" is a mandatory step in the process, without which it is impossible to apply for Canadian permanent residence under the economic immigration programs listed above. Once the "Invitation to Apply" is received, a candidate has 90 days to submit a Canadian permanent residence application along with all supporting documents.

Pursuant to the "Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System," effective November 19, 2016, significant changes were introduced to the way points are awarded in the Express Entry system. Until recently, candidates who held a Labour Market Impact Assessment (LMIA)—a favorable opinion issued by Service Canada confirming a temporary job offer in Canada—were awarded 600 CRS points, virtually guaranteeing an "Invitation to Apply." With the newly announced changes of November 19, 2016, candidates with a valid LMIA are no longer awarded these 600 CRS points and must now be satisfied with only 50 CRS points. While this is a major disadvantage to candidates who before November 19, 2016, depended on their LMIAs to secure an "Invitation to Apply," other skilled candidates who hold valid work permits under LMIA-exempt categories (such as Intra-Company Transferees or NAFTA Professionals) will now be awarded 50 CRS points or 200 CRS points, depending on their occupation (200 CRS points are awarded for an offer of employment in an occupation contained in Major Group 00 (senior management occupations) of the National Occupation Classification (NOC)). It is expected that these candidates will become more competitive in the Express Entry pool of candidates and will decrease the overall CRS score a candidate must reach to receive the sought-after "Invitation to Apply." As an example, with the January 4, 2017 "draw," the candidate with the lowest score to receive an "Invitation to Apply" had a total of 468 CRS points. The November 2016 changes also provide new points for Canadian study credentials.

Once a candidate receives the "Invitation to Apply" for Canadian permanent residence and submits a complete application to IRCC, he or she may become eligible to file an application for a Bridging Open Work Permit (BOWP). This work permit, valid for 12 months, allows a candidate to renew a current Work Permit (if expiring within 4 months) while the Express Entry Application for permanent residence is being processed.

 
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4. FRANCE
 

France is implementing a law on the rights of foreigners in France.

The Law on the Rights of Foreigners in France of March 7, 2016, and the decrees and orders of October 28, 2016, established the legislative and regulatory framework for new procedures for professional immigration, specifying in particular the new procedures and the lists of documents to be provided. The circulars of November 2, 2016, provide details on the priorities to guide the administration in the application of this law. The following are highlights:

Exemption from work permits for stays of less than or equal to three months for third-country nationals who are engaged in paid employment (Ministry of the Interior Circular of November 2, 2016), Decree No. 2016-1461 of October 28, 2016: https://www.legifrance.gouv.fr/eli/decret/2016/10/28/INTV1609940D/jo

The law of March 7, 2016, provides for the abolition of work permits for foreign employees who come to France to work for three months or less in areas determined by decree. The list of these fields of activities was fixed by decree of October 28, 2016, and codified in article D5221-2-1 of the Labor Code. The circular of November 2, 2016, specifies that the exemption relates only to work authorization, not to any other social or tax obligations. The exemption applies to an alien who is a national of a third country, who is in principle subject to a work permit, and who comes to France to work as an employed person in the categories listed in the decree, for a period that cannot exceed three months .

Scope of exemption. The scope of exemption is specified for each activity; i.e., those that are work permit-exempt. The burden is on the employer to verify whether or not the wage-earning activity to be exercised is exempted from a work permit of less than three months.

If the employer's field of activity or employment is subject to exemption, the work permit application does not need to be filed with the DIRECCTE (directions régionales des entreprises, de la concurrence, de la consommation, du travail et de l’emploi). Employees who require a Schengen visa must add evidence regarding the work permit exemption to the visa application. In all cases, whether employees are Schengen visa-exempt or not, the employer must provide the employee with the documents justifying the exemption. These documents are listed for each type of activity (e.g., for audit and expertise activities, in particular any document attesting that the activity is an audit and verification assignment, as well as the letter of assignment or the addendum to the employment contract specifying the nature, reason, duration of the assignment, and conditions of employment and remuneration).

Measures for the reception, stay, and work of foreigners for stays of more than 90 days

The new law and its implementing decrees are intended to facilitate the stay of foreigners in France and provide for related administrative procedures, particularly with regard to work in France. This relaxation of procedures is accompanied by new verification procedures, in particular during the period of validity of the multi-annual cards.

New cases of exemption from medical examinations. As of November 1, 2016, foreign nationals in several categories no longer must submit medical certificates issued by L'Office Français de l'Immigration et de l'Intégration (OFII) in support of their applications for a residence permit, including:

  • Applicants for the "Talent Passport" and "Family Passport" passes ("Passport" in this context refers to the new French immigration category and is not a passport in the usual sense of the word)
  • Applicants for the "intra-company transferee (ICT) detached employee" residence permit
  • Applicants for the internship card and trainee ICT
  • Students as of January 1, 2017

Provisional stay permits (autorisation provisoire de séjour, or APS) for the purpose of exercising a first job or pursuing a professional activity. The provisional authorization of stay for foreign students is expanded and relaxed in the following ways:

  • Opening to more degrees: Initially intended for students who have at least a master's degree, it is now also open to students holding a level I diploma certified by the Conférence des Grandes Écoles or a diploma of professional
  • The APS scheme is open to students showing a business start-up project in a field corresponding to their training. At the end of the validity of the APS, the student will be able to obtain a residence card, "entrepreneur/professional liberal," or "Talent Passport," labeled "entrepreneur," if he or she fulfills the conditions of
  • The student holding an APS can obtain an "employee" or "temporary worker" residence card, but also a "Talent Passport" labeled "skilled employee/innovative company, CBE, researcher or performer."

The conditions to benefit from non-opposability of employment must be maintained: employment or professional activity in connection with the training taken, with a threshold of remuneration of 1.5 times the guaranteed minimum wage (salaire minimum de croissance, or SMIC) (which can, however, be adjustable depending on the professional field).  

Temporary residence permits (CST)

The temporary residence permit (carte de séjour temporaire, or CST) is distinguished from the multi-annual residence permit and the multi-year "Talent Passport" residence permit. CSTs have a maximum validity of one year, except for the "temporary worker" CST when renewed.

ICT trainee, ICT family trainee, ICT mobile trainee, and ICT family mobile trainee (article L313-7-2 of CESEDA)

  • A VLS-TS "ICT trainee" may be granted to an employee who is not a citizen of the European Union (EU), who is undertaking an internship within the framework of an internship The VLS-TS is issued for a duration corresponding to that of the internship within the limit of one year. The status of "ICT trainee" allows mobility of up to 90 days in another member state of the EU. The "ICT family trainee" residence card is issued to the spouse. This card gives right to the exercise of a professional activity.
  • The "ICT mobile trainee" residence permit is issued to a foreign employee holding an "ICT trainee" card obtained in another EU Member It allows mobility of more than 90 days in intra-group context. The spouse of the "ICT mobile trainee" receives a "mobile ICT trainee family" card entitling him or her to the exercise of a professional activity.

Temporary residence permit "employee" and "temporary worker" (article L313-10 CESEDA)

  • The "employee" residence permit may be issued to a foreigner who has a contract of indefinite
  • The "temporary worker" residence permit may be issued to a foreign national who has a fixed-term contract or is subject to the posting under Articles L1262-1 and L1262-2 of the Labor Code (own account, intra-group, in the framework of a service provision or within the framework of the interim).
  • Employees on intra-group mobility who cannot benefit from either a "Talent Passport" or an "ICT detached" residence permit may be issued a "temporary worker" residence
  • The CST cannot be renewed for a period exceeding one year, except for the CST "temporary worker," which can be renewed for the duration of the fixed-term contract or for the extension of the
  • Students with a master's degree, a level I diploma certified by the Conference de grandes écoles or a diploma of professional degree, have access to the CST "temporary worker" or "employee" in the framework of change of status, without being subject to a labor market test, provided the job offered is consistent with the studies followed and the proposed remuneration is at least 5 times the SMIC.

Temporary residence permit "entrepreneur/professional" (article L313-10 CESEDA)

This permit merges the previous "merchant" and "professional" titles and may be issued to foreigners who wish to pursue a self-employed, commercial, craft, industrial, or professional activity.

Multi-year residence card (articles L313-17 to L313-24 CESEDA)

The new multi-year residence card system is effective as of November 1, 2016. Distinctions are made between the general multi-year residence permit, the multi-year residence card "Talent Passport" and "Family Passport," the multi-year residence permit "Employee Seconded ICT" and "Employee Seconded ICT family," and the "Seasonal" multi-annual residence permit.

Multi-year residence cards can only be issued on first request (new arrivals) upon presentation of a long-stay visa.

General multi-year residence card. The four-year general multi-year residence permit may be issued upon the expiration of an initial residence permit of one year, provided the following conditions are met:

  • Continued compliance with the initial conditions for issuance of the one-year residence permit
  • Attendance of the training prescribed under the Republican Integration Contract (CIR)
  • Absence of rejection of the essential values of the Republic

Holders of a long-stay "Visitor," "Trainee," or "Temporary Worker" visa do not have access to the multi-year residence card.

The general multi-annual residence permit has a fixed duration:

  • Four years for holders of "Salaried" CSTs on permanent contracts or holders of "Contractor/Professional" CSTs
  • Two years for holders of residence permits as spouses of French people or parents of French children who have full access to the resident card after three years

The multi-year residence permit issued to foreign students has a duration adapted to the course of study followed. At the end of an initial one-year student residence permit, a multi-year residence permit may be issued, the duration of which would correspond to the length of the course of study followed.

Multi-year residence card "Talent Passport" (article L313-20 CESEDA)

The multi-year residence card "Talent Passport" brings together under a single residence permit 10 categories of professional activities for which a stay and work in France ought to be facilitated. Its duration is four years, in principle, and it can be issued from the initial admission to stay.

When issued for the exercise of an activity as an employed person, prior authorization to work is not required.

Family members can receive a "Family Passport" residence permit, the duration of which will be equal to that of the principal and with a right to work.

Initial application: If the foreign national resides outside of France, the decision to issue the title is made by the diplomatic and consular authority and the residence permit is issued by the prefect of the residence of the foreign national on presentation of his or her passport bearing a long-stay "Talent Passport" visa. When the envisaged duration of stay is 12 months or less, a joint long-stay visa and permit to stay (VLS-TS) is issued for the duration of the envisaged stay. When the duration of stay exceeds 12 months, a long-stay visa and, upon arrival in France, a residence permit are issued, according to the contract or the nature of the project.

Where the foreign national is already admitted to residence in French territory, the decision to issue the permit is made by the prefect of his or her place of residence.

Renewal: Renewal must be requested within two months of the expiration of the VLS-TS or the residence permit. Renewal is subject to compliance with the initial conditions and certain additional conditions for the specific categories: business creator, innovative economic project holder, or economic investor.

"European Blue Card Passport" (article L313-20-2° CESEDA)

This is issued to foreign nationals who are in highly qualified employment for a period of one year or more and who have completed at least three years of higher education or have acquired an equivalent qualification through at least five years of experience.

The wage provided for in the contract must be at least one and a half times the average annual reference wage. This amount is 53,836.50 euros annually as of November 1, 2016.

"Talent Passport Employee on Assignment" (article L313-20-3° CESEDA)

This is issued to an employee of a foreign affiliate being transferred to France. The conditions are as follows:

  • An employment contract of more than three months with an employer established in France and a gross remuneration of at least equal to 8 times the SMIC.
  • A seniority of at least three months with the group or the employer established outside

"Talent Passport Researcher" (article L313-20-4° CESEDA)

This title is awarded to a foreign national holding a degree equivalent to a master's degree that requires research work or provides university-level education, under a hosting agreement signed with a public or private organization having a previously approved research or higher education scheme.

"Talent Passport Performing Artist" (L313-20-9°)

For the above and this category (Talent Passport issued under 2°, 3°, 4°, and 9° of article L313-20 CESEDA), the duration of the residence permit corresponds to the duration of the employment contract.

"Talent Passport Young Graduate Employee" or "Employee of an Innovative Company" (article L313-20-1° CESEDA)

  • Issued to an employee who has obtained a master's degree (or level I diploma certified by the Conférence des Grandes Écoles) holding a contract of employment of at least three months and a salary equal to at least twice the annual minimum wage
  • Can also be issued under the same conditions of employment contract and salary when hired by an innovative company as defined in Article 44 sexies 0 A of the General Tax The employee must participate in the research and development project of the company
  • The duration of the card is identical to that of the employment contract

"Creator of Business Passport” (article L313-20-5° CESEDA)

This is issued to a foreign national under the following conditions:

  • Diploma equivalent to a master's degree or any document showing at least five years' experience at a comparable level
  • Proof of sufficient resources during his or her stay to provide for himself or herself and, where appropriate, those of his or her family
  • Proof of an investment of at least €30,000 in the project
  • Proof of compliance with the rules in force in the field of activity in question

"Talent Passport Innovative Economic Project" (article L313-20-6° CESEDA)

This is issued when a foreign national can:

  • Justify an innovative economic project
  • Show recognition of his or her project by a public body
  • Prove sufficient resources during his or her stay to provide for himself or herself and his family members, irrespective of the benefits and allowances mentioned in the third sentence of 2° of article L314-8

"Talent Passport Mandataire Social" (article L313-20-8° CESEDA)

This is issued when a foreign national can:

  • Hold the position of legal representative in an entity or a company doing business in France
  • Have seniority of at least three months as an employee or corporate officer in an entity or an affiliated company outside France
  • Receive a remuneration of at least three times SMIC

The card is issued for a period corresponding to that of the functions performed within the limit of four years.

"Talent Passport Foreigner of International or National Fame" (article L313-20-10° CESEDA)

This is issued when a foreign national can:

  • Show established national or international fame
  • Exercise in France an activity in a scientific, literary, artistic, intellectual, educational, or sports field for more than 3 months
  • Show sufficient means of existence

The duration of the title is determined by the nature, characteristics, and duration of the project in France, up to a maximum of 4 years

"Talent Passport Economic Investor" (article L313-20-7° CESEDA)

This is issued when a foreign national can:

  • Show a project of direct economic investment in France
  • The applicant must personally or through a company which he or she manages or of which he or she holds at least 30% of the capital, invest or undertake to invest 300,000 euros (tangible or intangible asset) and create or safeguard employment or, failing that, to commit to creating or safeguarding employment within the 4 years following the investment in France

This direct economic investment of 300,000 euros minimum is realized by:

  • An investment in social capital
  • Reinvested earnings
  • Loans between affiliates

Indirect (passive) investment, also referred to as financial investment or portfolio, does not fall within the scope of this residence permit.

Multi-annual "ICT Secondee" residence permit (article L313-24 I and II CESEDA)

The multi-annual residence permit referred to as an "ICT Secondee" may be issued to a foreign employee who is a third-country national seconded by his employer to an affiliate company in France and for the purpose of holding a senior management position or to provide expertise without a contract of employment with the host entity in France.

This involves the intra-group secondment (article L1262-1-2° of the Labor Code) in the framework of an assignment of senior management or contribution of expertise.

The conditions required to benefit from the ICT secondment include:

  • At least three months of continuous seniority in the group
  • Intra-group secondment
  • Secondment for a senior management position or contribution of expertise
  • Assignment of up to three years

There is no minimum pay threshold. The conditions of remuneration must be commensurate with the nature of the employment. The foreign national must show sufficient resources to meet his or her own needs and, where appropriate, those of his or her family members.

When the envisaged duration of stay is less than or equal to 12 months, the foreign employee receives a VLS-TS labelled "ICT Secondee." When the envisaged duration of mission is more than 12 months, the foreign employee receives a long-stay visa labeled "ICT Secondee" and, upon his or her arrival in France, a residence permit.

The "ICT Secondee" residence permit allows intra-group assignments to be carried out in other EU Member States.

Family members (spouses and minor children entering France) can receive the residence permit "ICT Seconde Family," which authorizes the stay and work in France. The duration of the card is aligned with that of the employee.

"ICT Mobile Secondee" card (article L313-24-III and IV CESEDA)

This residence permit is issued to a foreign employee holding an ICT residence permit issued by another EU Member State who is assigned to France for more than 90 days as an intra-group transfer. The conditions for benefiting from this status include:

  • Intra-group secondment
  • Having already been admitted to another EU country as a seconded ICT employee
  • Employment conditions specific to the ICT secondment and the legal remuneration thresholds
  • Showing sufficient resources

Procedures for the control and withdrawal of residence permits

The authorities can conduct post-clearance verifications, and the Prefects have an expanded right to certain kinds of information.

Obligation to provide information (article L313-5-1 CESEDA)

The beneficiary of a residence permit must inform the administration of any change in his or her situation. This results in three cases of potential refusal:

  • The foreign national ceases to fulfill the conditions for the residence
  • The foreign national does not cooperate in the verification
  • The foreign national does not respond to the

The administration’s right to information (article L611-12 CESEDA)

This right can be exercised during initial application, during the period of validity in a random or targeted way, and during renewal.

  • The Prefect may solicit other administrations or public or private bodies (g., an administration, social security, higher education institution, energy provider, financial institution, or register of commercial courts) to verify the accuracy of the information provided by the applicant for the residence permit.
  • The Prefect may verify the authenticity of the documents and have information or documents sent to it within the framework of a residence permit
  • Confidentiality may not be a ground to refuse requests for information from the
  • The Prefect's verification may not be a systematic annual Rather, it could be random and targeted. Two verification phases can be distinguished:
  • During the first year of application for multi-annual residence permits (November 1, 2016, to November 1, 2017), a random and targeted monitoring phase will make it possible to draw the first conclusions from the implementation of the new

A second phase will begin on November 1, 2017, on the basis of the results obtained during the first control phase.

 
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5. ITALY
 

Several developments have been announced.

Posted Workers Secondment Notification Submission Deadline Approaching

The new obligations set forth by Decree n. 136/2016 implementing the EU Posted Workers Directive (2014/67) apply to:

  • Any assignments activated on or after July 22, 2016, that are ongoing as of January 26, 2017. For these, the secondment notification must be filed by January 26, 2017.
  • Any assignments activated after December 26, 2016.

Who is affected?

  • Employers established outside Italy (EU or non-EU) sending their employees (EU and non-EU) to work in Italy on a temporary basis.

Action required:

  • Employers established outside Italy must check whether any assignment to Italy has been activated on or after July 22, 2016, and is ongoing as of January 26, 2017.
  • For any assignments to Italy activated on or after July 22, 2016, and ongoing as of January 26, 2017, employers must file the secondment notification by January 26, 2017, and comply with the other obligations set forth by the law.
  • For any assignments to Italy, employers must now file the secondment notification by midnight of the day preceding the assignment start date and comply with the legal obligations.

The dedicated website, Posting of Workers (http://www.distaccoue.lavoro.gov.it/) (available in English and Italian) provides an overview of the current regulation and clarifies the operational aspects.

Implementation of Directive 2014/66 on Intra-EU Mobility

With the publication of Legislative Decree n. 253/2916 , effective January 11, 2017, Italy has finally implemented Directive 2014/66/EC of May 15, 2014 (ICT Directive) on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer. The decree amended the Consolidated Act on Immigration (L. Decree 286/1998, introducing two new articles (27-quinques and 27-sexies) of the immigration law.

The following are highlights of the ICT Directive.

Who is affected?

The new provisions apply to third-country nationals temporarily seconded from a non-European Union (EU) employer to an Italian company of the same group and who qualify as:

  • Managers (dirigenti—workers in a senior position, directing the host entity, supervising the work of other professional or managerial employees);
  • Specialists (workers possessing specialized knowledge essential to the host entity's areas of activity, techniques, or management); or
  • Trainees (graduated workers transferred for career development purposes).

Workers who already hold an ICT permit issued by another EU Member State can work in Italy up to 90 days by notifying the local Police Station (Dichiarazione di presenza) of their stay. If a worker wants to stay for more than 90 days, he or she must apply for and obtain an ICT Work Permit but is exempt from obtaining a work visa. He or she, however, must register for and obtain an ICT permit of stay.

What are the main features of the new ICT permit?

  • It allows both residence and work in Italy.
  • It may be issued for a maximum of three years for managers and specialists and up to one year for trainees.
  • Upon expiration of the maximum ICT permit validity period, a new application can be filed only after at least three months have passed.
  • The work permit application is filed by the Italian host company.
  • Family members of ICT permit holders qualify for a family permit even if the assignment is for less than one year.
  • Holders of a valid Italian ICT permit may, under certain conditions, temporarily perform activities at an entity of the same group established in another EU Member State.

What are the main requirements to qualify for the new ICT permit?

  • The host entity established in Italy and the employer established outside the EU must be part of either the same company or group of companies.
  • The employee must have been working for the same company or for a company of the same group for at least three uninterrupted months immediately preceding the transfer.
  • After the transfer, the worker must return to the company, part of the same company or a company of the same group outside the EU.
  • The worker will cover a position as manager, specialist, or trainee for which he or she has the required qualifications, professional experience, or educational degree (if the position is for a regulated profession, this must be recognized in Italy).
  • A commitment to comply with the relevant social security obligations in Italy must be confirmed, unless a social security agreement applies.

The Italian immigration authority is still developing application procedures. It is uncertain how the new application procedures will work in practice.

The existing highly skilled migrant program remains in place with some variations. Therefore, it is still possible to file applications under article 27 letter (a) regulating the intra-company work permit for managers and highly skilled staff. The new provisions overlap with those of the existing highly skilled migrant program. The immigration authority is expected to issue guidelines soon to clarify the differences between the two procedures.

Unlike the standard intra-company permit, the new ICT permit allows non-EU workers to work in other EU countries for companies of the same group without needing to obtain new visas.

The Decree does not apply to researchers, students, autonomous workers, or workers posted under Directives 1996/71 and 2014/67.

What are the steps for obtaining an ICT Work Permit?

  1. The host company files the application at the Immigration Office (Sportello Unico). The company must submit supporting documents within 10 days.
  2. The Immigration Office, if all conditions are met, issues the permit within 45 days.
  3. The ICT Worker applies for the visa at the Italian consulate of his or her place of residence.
  4. Within 8 days of entry into Italy, the worker submits the application for ICT permit of stay (permesso di soggiorno) at the Immigration Office.
  5. The Police (Questura) issue the ICT permit of stay within 45 days of application.

ICT Workers can bring family members for the period of their assignments in Italy.

The immigration law already provided for an intra-company work permit, regulated by article 27(a). Comparative table showing the differences between the two permits.

2017 Immigrant Quota Decree Expected Soon

The Italian government is working on the annual decree (decreto-flussi) that will determine the number of work authorizations (quotas) that will be available in 2017 for different categories of foreign citizens wishing to work in Italy.

As background, immigration for work purposes in Italy is based on a quota system that is fixed annually by means of the decreto-flussi. This quota decree sets the numerical limits for each category of worker/citizen allowed to apply for a work permit. Quotas do not apply to certain categories of workers.

As of now, the number of "quotas" for 2017 is thought to be no more than 30,000. At least half of these will be reserved for foreigners seeking entry for the purpose of seasonal work. Several quotas will be reserved for foreign citizens who already have residence permits in Italy (e.g., for study or seasonal work) and are intending to convert them into permits that would allow them to be employed in Italy full-time.

The remaining numbers will be for self-employment and special categories of foreigners (such as South American citizens with Italian ancestors or workers who have completed a specific training in their countries of residence).

The 2017 quota decree is not expected to be surprising or much different from the quota decrees issued since 2011. In fact, the last quotas for subordinate employment were issued in 2010, and since then no further quotas for foreign citizens residing abroad seeking entry for subordinate employment in Italy have been issued.

New Provisions on Foreign Seasonal Workers

New provisions on foreign seasonal workers entered into force on November 24, 2016, under Legislative Decree n. 203 of October 29, 2016, which has transposed Directive 2014/36/EU on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers. Further guidelines and clarifications were provided with circular letter no. 37 issued on December 16, 2016, by the Ministry of Labor and the immigration authority.

Together with the set of common rules on intra-corporate transferees, researchers, students, highly qualified workers, family reunification, and long-term residents, the EU Seasonal Workers Directive is part of EU common policy that aims to establish a framework for legal migration and to simplify and harmonize procedures within the EU.

The Directive is aimed at cutting the number of people working without authorization in seasonal jobs and overstaying, preventing exploitation, protecting the health and safety of seasonal workers, and facilitating the movement of these workers from and back to their home countries by facilitating the re-entry procedures for subsequent seasons.

The decree introduces several changes to the current regulation, easing the application procedures but at the same time imposing more severe penalties for employer noncompliance.

The most important new features in the modification of the current Italian regulation on seasonal workers include:

  • Work sectors defined as “seasonal” are those of agriculture and tourism only.
  • Procedures for multi-year work permit applications are easier:
  • The worker must demonstrate employment in seasonal work in Italy at least once in the previous five years (instead of two years).
  • The multi-year residence permit for seasonal work has a maximum three-year duration. For each year, the allowed stay is indicated, up to a maximum of nine months in a 12-month period.
  • The employer can apply for a multi-year work permit that entitles the worker to obtain subsequent entry visas more easily.
  • Each year of work authorization is valid for the time indicated in the job contract offered (not on the basis of previous work permits) and can be filed also by another employer (different from the one who first applied).
  • Labor market tests are no longer required, and the processing times are clarified (20 days for the issuance of a seasonal work permit).
  • Stricter requirements and rules on adequate accommodations are to be guaranteed by the employer.
  • A seasonal worker can accept another job offer in the seasonal sector if his or her contract for the year has expired but he or she has not yet used up the allowed nine months in a 12-month period (with no need to re-apply for a visa).
  • If the worker is offered a job (non-seasonal) and has already worked in Italy for at least three months, he or she may apply for conversion into a standard residence permit for work (within the quota limits).
  • Penalties for noncompliance with immigration regulations are as provided for under Italian immigration law, article 22, governing the general provisions on work permits for foreign nationals.

If the permit is revoked because of the employer's noncompliance with labor and migration rules, the worker must receive compensation based on the salary set in the collective bargaining agreement.

 
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6. SPAIN
 

This article discusses the non-lucrative residence permit, which allows third-country nationals (foreign nationals not covered by the European Union legal framework) to live in Spain without performing labor activities.

The Spanish immigration legal framework regulates the non-lucrative residence permit allowing third-country nationals (foreign nationals not covered by the European Union legal framework) to live in Spain without performing labor activities.

Foreign nationals wishing to obtain this type of permit must meet four main requirements:

  • To be financially reliable, evidencing a regular monthly income of at least 2,130 euros for the principal and 532.51 euros for each dependent, if applicable.
  • Not to have a criminal background in the country/countries of residence during the last 5 years.
  • To hold private or public medical insurance coverage for Spain (including for hypothetical repatriation).
  • Not to have any of the illnesses/diseases listed in the international Sanitary Regulation of 2005 as serious conditions for public health.

In addition to these requirements, the applicant should not be in unlawful status in Spanish territory during the process and should not have signed a non-return agreement to Spain.

If the foreign national has fulfilled the above conditions, he or she may apply for the non-lucrative visa and residence permit at the Spanish consulate having jurisdiction over the applicant's place of legal residence. The applications are currently being resolved in approximately 15 days (the statutory processing time is 3 months) and the applicant has one month to collect the visa from the notification of approval.

Once the foreign national is in Spain with a valid visa, he or she must apply for and collect a residence card, initially valid for one year. This type of permit can be extended for two consecutive periods of two years each provided the conditions that led to the initial approval are maintained. After five years of legal residence, the non-lucrative residence permit holder may apply for a long-term residence permit, provided the legal requirements are fulfilled.

Also, after one year of living in Spain with a non-lucrative permit, the visa-holder can apply for a residence permit allowing work, and the Labor Market Test will not be applicable.

Stays outside of Spain for more than 180 days in a year, either continuous or discontinuous, are grounds of cancellation of this permit.

 
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7. TURKEY
 

With very little public discussion or notice, on January 12, 2017, amendments to Turkey's citizenship regulations were published, creating a new category for acquisition of citizenship. The amended regulations relate to acquisition of citizenship based on a Council of Ministers decision (Law No. 5901, article 12). The amendment to article 20 of the regulations relates to a new category, based on that law's subsection, which now allows certain foreign investors to be eligible to apply for Turkish citizenship.

The regulations do not specify procedures, but presumably this will still be handled by the same agency within the Interior Ministry in conjunction with the agencies referred to below for qualification evidence. The investor categories below qualify for citizenship applications (in lieu of the residence requirement or marriage to a Turkish national), but all other restrictions, such as for health and public security reasons, appear to remain.

The regulations now allow the following categories of investors to be eligible to pursue Turkish citizenship:

  1. The applicant has invested US $2 million as a free capital investment (as proven to the Ministry of Economy);
  2. The applicant has invested US $1 million in real estate in Turkey, bought with a deed restriction that blocks selling for three years (as proven to the Ministry of Environment and Urbanization;
  3. The applicant has provided employment for 100 employees (as proven to the Ministry of Labor);
  4. The applicant has invested US $3 million for three years with banks active in Turkey (as proven to the Committee on Banking Supervision); or
  5. The applicant has invested in the Turkish government's debt instruments of US $3 million bought with a deed restriction that blocks selling for three years (as proven to the Under-Secretariat for the Treasury).

Given the current state of affairs in Turkey, the presumption is that the majority of applicants that take advantage of the new rules will be from conflict zone countries such as Syria or Iraq. Whether additional categories may be implemented specifically for Syrians is not yet publicly confirmed.

 
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8. UNITED KINGDOM
 

This article briefly notes hot topics for 2017.

There are a number of important immigration changes coming in 2017. Article 50 may or may not be triggered in March and with it the beginning of negotiations on the UK's future relationship with the EU. Whatever the eventual outcome, immigration will feature prominently; Home Secretary Amber Rudd has already indicated her desire to introduce further restrictions for non-EU nationals at the Tory party conference, and a consultation is anticipated in the new year. The Immigration Skills Charge is expected to be introduced starting in April 2017 for all sponsors of Tier 2 migrants.

 
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9. New Publications and Items of Interest
 

The latest edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in 30 immigration hotspots around the world.

The latest edition adds chapters on Malta and Romania. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Ghana, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Peru, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide "first-rate" and said the key strong point of the book is its "outstanding usability." She said she highly recommends the book and notes that it "is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management."

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes "the fact that the [guide] focuses not just on each country's immigration law itself but also addresses related matters such as tax and social security issues." She noted that the India chapter "is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges."

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is "an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand."

This comprehensive guide is for:

  • Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
  • Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
  • Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

  • An overview of the immigration law requirements and procedures for over 20 countries;
  • Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
  • A general overview of the appropriate options for a particular employee; and
  • Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL's attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

An excerpt of the book is on the ABIL website.

The list price is $431, but a 15% discount is available by visiting LexisNexis and entering discount code "ABIL15". Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584

ABIL on Twitter. The Alliance of Business Immigration Lawyers is available on Twitter: @ABILImmigration. RECENT ABIL BLOGS

 
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10. Member News
 

Klasko Immigration Law Partners, LLP, has published a new client update on the USCIS precedent decision, Matter of Dhanasar. "The New National Interest Waiver: A More Flexible Test for Highly Skilled Immigrants"

Charles Kuck was quoted in "DACA Immigrants Can Pay Ga. In-State Tuition, Judge Says," published by Law360 on January 5, 2017. Mr. Kuck represented plaintiffs in the case before the Fulton County, Georgia, Superior Court. The issue was previously litigated in another, unsuccessful suit, Kuck said. He filed the precursor in 2013 but said it was struck down when the Georgia state constitution was reinterpreted, rendering his suit as moot. He launched this second action in early 2016, this time seeking mandamus relief. Georgia's Board of Regents has filed an appeal. Mr. Kuck was also quoted in an article about the appeal. See also HERE. Information about the case.

Mr. Kuck has published several new blog entries. "What Is This Impending Executive Order Restricting Immigration from 'Countries of Particular Concern' Going To Be About?" "Trump's Executive Order on Immigration—15 Very Expensive Actions to 'Enhance Immigration Enforcement'"

Mr. Kuck was quoted in "Immigrant Investor Proposal Could Ease Congressional Tensions," published in Bloomberg Law's Daily Labor Report on January 12, 2017. The article discusses proposed Department of Homeland Security (DHS) EB-5 program regulations that define a targeted employment area (TEA) as the census tract where a commercial enterprise principally does business and all adjacent census tracts, as long as the weighted average unemployment rate for the entire area is at least 150% above the national average. Mr. Kuck said the new TEA definition "is not necessarily a bad thing." Allowing cities and towns to be considered TEAs is a "terrific change" because it allows those local communities to attract investors rather than leaving it up to the states, he said. However, he said he wasn't so sure about shifting TEA designations to the DHS.

Robert Loughran has authored a commentary, "Texans Should Be Concerned If Trump Withdraws from NAFTA," which was published in the American-Statesman on January 23, 2017. The article, on the potential negative ramifications for Texas if the United States withdraws from NAFTA, outlines specific industries that could be adversely affected if trade barriers limited commerce with Canada and Mexico, including oil and gas, electronics, coal, chemicals, machinery, and transportation, and discusses the immigration ramifications.

Mr. Loughran authored an op-ed, "President-Elect Donald Trump's Plans for NAFTA Won't Help the Texas Economy," which was published in the Austin Business Journal on January 12, 2017.

Foster LLP Partner Helene Dang was recognized in the Houston Chronicle for her work in assisting a client to obtain a green card under the extraordinary ability category. The client's unique martial arts skills and talents qualified him for the EB-1 category, which is among the most difficult immigrant visa options.

Marco Mazzeschi has published several articles with contributions by various ABIL Global members. The article, "The EU Policy to Attract Highly Skilled Workers: The Status of Implementation of the Blue Card Directive." "Workers Mobility within Schengen: A Comparative Study of 17 Countries Requirements"

Cyrus Mehta has authored or co-authored several new blog entries. "Is Being Anti-Trump a New Ground of Inadmissibility?" "Is Trump's Proposed Scrapping of the H-1B Lottery in Favor of the Highest Wage Such a Good Idea?"

Mr. Mehta and Stephen Yale-Loehr were quoted in "U.S. President Donald Trump's Draft Exec Order Worries Indian IT," published in The Times of India on February 1, 2017.

Cora-Ann Pestaina, of Cyrus D. Mehta & Partners PLLC, has published a new blog entry. "Matter of Dhanasar: The New National Interest Waiver Standard"

Angelo Paparelli, Greg Siskind of Siskind Susser, PC, and Mr. Yale-Loehr were recently quoted in two articles published by Bloomberg BNA's Daily Labor Report. Among other things, Mr. Paparelli suggested that President-elect Donald Trump's promise to reduce regulations could mean a return to "ambiguous USCIS policy memoranda leading to "an accentuated repeat of what we've had over the past few years." He noted that "the magnitude is probably far more daunting than what it has been." He added that Mr. Trump's pick of Sen. Jeff Sessions (R-Ala.) for attorney general is concerning because Sen. Sessions "has been the most vehement, adamant foe of legal immigration, not just illegal immigration, in the Congress." Mr. Yale-Loehr noted that even after employers are cleared for visas, their foreign employees will likely face additional screening. Mr. Siskind noted concern about a recently finalized regulation on high-skilled immigration that is intended to make it easier for businesses to hire immigrant workers. Mr. Siskind said that rule has made the "hit list" of groups that advocate for lower immigration levels. BNA's Labor and Employment Outlook.

Christian Triantaphyllis, a Foster LLP attorney, moderated a panel, "Regional Center/Issuer Obstacles: What Lies Ahead in 2017," at the 2017 Las Vegas EB-5 & Investment Immigration Convention, sponsored by eb-5 investors, held January 13-14, 2017. More information about the conference.

Bernard Wolfsdorf and Charles C. Foster, Foster LLP founder, spoke on the advanced panel, "China Issues: Navigating the Evolving Chinese Landscape," at the 2017 Las Vegas EB-5 & Investment Immigration Convention, sponsored by eb-5 investors, held January 13-14, 2017. More information about the conference.

Wolfsdorf Rosenthal LLP has published several new blog entries. "Travel Alert" "IRS Moves to Revoke Passports for Unpaid Taxes"

Mr. Yale-Loehr will speak on a panel about immigration issues currently facing college campuses at an Education Writers Association conference in Philadelphia, Pennsylvania, on February 3, 2017. More information or to register.

Mr. Yale-Loehr co-wrote an op-ed, "Trump's Extreme Vetting for Refugees? Already Here," published by USA Today on January 25, 2017.

Mr. Yale-Loehr was recently quoted in "Trump's Immigration Order Expands the Definition of 'Criminal'," published by the New York Times on January 26, 2017. Mr. Yale-Loehr said, "This is the largest expansion of any president in terms of who is a priority for removal. Every administration has to prioritize who they will go after with their limited enforcement resources. This goes further than any other president. To make it simple: If someone is here illegally they are targets for removal."

Mr. Yale-Loehr was quoted in "How 'Dreamers' Are Preparing in Case Donald Trump Ends Obama Immigration Actions," published by USA Today on January 23, 2017. Mr. Yale-Loehr noted that Mr. Trump would have two options for ending the Deferred Action for Child Arrivals (DACA) program. He could allow the people who received work permits to use them until the permits expire and not renew them, or he could end the program immediately. The latter option would likely require, under immigration regulations, sending termination notices to all 752,000 people who received work permits under DACA and giving them 15 days to reply, Mr. Yale-Loehr explained. "It would take some time to implement whatever decision President Trump takes," he said.

Mr. Yale-Loehr was quoted by various news outlets in "Trump Says Mexico Should Reimburse U.S. for Border Wall," published in Yahoo News on January 7, 2017. Mr. Yale-Loehr said that to obtain money for building the wall once Donald Trump becomes President, he could reallocate current fiscal year funding at the Department of Homeland Security. If he wanted to raise visa and border crossing costs, Mr. Yale-Loehr said, the relevant U.S. agencies would need to publish regulations to this effect. Also, "he would need Congress to pass a funding bill to pay for the wall," Mr. Yale-Loehr noted.

Mr. Yale-Loehr was quoted in "Trump Faces Hurdles Turning Immigration Pledges Into Reality," published by CNN.com on January 4, 2017. He agreed that Trump would be able to have meaningful impact during the first year of his presidency, but not to the extent suggested during the campaign. "On the campaign trail things are not nuanced. They're black and white. It takes a while to turn the battleship of bureaucracy around."

Mr. Yale-Loehr was quoted in "Senators Reintroduce Legislation to Save 'Dreamers,'" published by Bloomberg BNA on January 13, 2017. Commenting on companion legislation in the House of Representative to the Senate bill introduced in December, the "Bar Removal of Individuals who Dream and Grow our Economy (BRIDGE) Act," Mr. Yale-Loehr said the bills would provide a legislative basis to give the Deferred Action for Childhood Arrivals (DACA) program permanent footing. He noted that there is growing activity by DACA recipients but that the BRIDGE Act's prospects seem "dim given the Republican-controlled Congress." DACA, which was established by executive order, covers more than 750,000 individuals.

Mr. Yale-Loehr was quoted in "Trump, Tech Tycoons Talk Overhaul of H-1B Visas," published by Reuters on January 12, 2017. He noted that although President-elect Donald Trump could initiate some changes to the visa program with executive actions once he becomes President, any significant shifts would likely need to go through a lengthy formal rulemaking process, and major changes could be subject to court challenges. Other reforms, like changing the H-1B visa cap or offering more green cards to high-tech workers, could require Congressional action, he noted.

Mr. Yale-Loehr was also quoted in several other media outlets recently:

 
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