TURKEY: Recent changes in Assembly, Maintenance and Service Visas

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Turkey amended its work permit regulations in January 2015 with respect to Assembly, Maintenance and Service (AMS) visas. An AMS visa is a short-term (90-day) technical work visa for foreign employees, under certain conditions, to engage in assembly, maintenance, service, or technical training work for the benefit of a Turkish company without the need for a work permit. This visa is a very practical category for many companies in the technology, construction, and energy sectors because it generally has a very low documentary burden and is adjudicated solely at the consular post, most often within a few days.

Historically, the problem with this visa category was twofold: (1) the 90-day period was calculated consecutively within a year and (2) the visas were generally issued as single entry. Therefore, unless an assignee remained in Turkey for the entire 90-day period uninterrupted, the full 90 days per year could not be used.

On January 22, 2015, the work permit regulations were changed to now state that AMS visa holders can remain for up to three months in total within a year. And the regulations now allow foreigners with an AMS visa to enter Turkey on multiple occasions provided that they do not remain in Turkey more than three months in total within a year.

The change in the wording of the regulation appears to convey that the 90-day period will now be calculated cumulatively over the period of a year, not consecutively. It also states that these visa holders should be granted multiple entries, which is welcome news regardless of the calculation of the 90 days, particularly since the vast majority of consular posts issue single-entry AMS visas.

In the meantime, it is best practice to provide a copy of the legal changes to the consular post when applying for an AMS visa in order to insist that consular posts follow this regulatory change and grant one-year multiple-entry AMS visas. However, the calculation of the 90-day period (cumulative vs. consecutive), is in the hands of the passport officers at entry points to confer later entries for AMS visa holders whose period is beyond 90 days consecutively (yet have not been present in Turkey for 90 days cumulatively). AMS visa holders should anticipate that some consular officers and passport officers will not have full awareness or knowledge of this legal change for some time.

INDIA: New Electronic Visa Issued

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India has issued a new electronic visa.

The government of India has introduced an E-Visa (electronic visa) for 43 countries. The new online system will allow travelers to apply for a visa from home and receive it within 72 hours. A traveler must apply for this visa at least four days before entering India and will only be eligible for two of these visas within a calendar year.

The E-Visa will be valid for 30 days and the fee is $62. Those traveling for leisure, short duration medical treatment, a casual business visit, or to meet friends and relatives will be eligible to apply. The E-Visa will be made available at nine airports, including Delhi, Mumbai, Bengaluru, Chennai, Kochi, Goa, Hyderabad, Kolkata, and Thiruvanathapuram.

The E-Visa will be valid for 30 days and the fee is $62. Those traveling for leisure, short duration medical treatment, a casual business visit, or to meet friends and relatives will be eligible to apply. The E-Visa will be made available at nine airports, including Delhi, Mumbai, Bengaluru, Chennai, Kochi, Goa, Hyderabad, Kolkata, and Thiruvanathapuram.

Countries included in the first phase are Australia, Brazil, Fiji, Finland, Germany, Israel, Japan, Jordan, Kenya, Mauritius, Mexico, Norway, Oman, the Philippines, Russia, Singapore, South Korea, Ukraine, the United Arab Emirates, and the United States, among others. The Indian government plans to offer the E-Visa to almost every country in the world over time.

HONG KONG: Hong Kong Suspended the Capital Investment Entrant Scheme

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The Hong Kong Immigration Department (HKID), under the leadership of the Chief Executive, actively reviews immigration policy to better suit the ever-evolving economic development of the Hong Kong Special Administrative Region. One of the most significant policy changes in 2015 is the suspension of the Capital Investment Entrant Scheme (CIES) effective January 15, 2015. The CIES has been a popular vehicle for residence in Hong Kong since its launch in October 2003 with the objective of facilitating the entry of investors willing to make a substantial passive investment without having to play an active role in a business.

At the end of 2014, 41,802 applications were received and 25,504 applicants have made the requisite investments and were granted formal approval to reside in Hong Kong. Additionally, 2,493 applicants were granted approval-in-principle to enter Hong Kong to make the requisite investments.

In a recent press release, the HKID made clear that when the CIES was first implemented, Hong Kong’s economy was in recession and new capital was required to stimulate economic growth. However, attracting capital investment entrants is no longer a priority for the Hong Kong government in view of the latest economic situation in Hong Kong, and the focus is now on attracting and retaining talent, professionals, and innovative entrepreneurs to contribute to Hong Kong’s economy.

The HKID has announced that it will introduce a series of measures in the second quarter of 2015, including a pilot “Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents” (ASSG), to attract second-generation Chinese Hong Kong permanent residents from overseas to return to Hong Kong. In this scheme, the applicants are not required to have an offer of employment in Hong Kong upon application and will be granted an initial stay of one year without other conditions. The applicants may then apply for extensions of stay if they have secured offers of employment at a level common for degree holders and with a remuneration package at market level.

Other measures include relaxing the duration-of-stay pattern under various visa schemes, including the General Employment Policy (GEP), the Admission Scheme for Mainland Talent and Professionals (ASMTP), and the Quality Migrant Admission Scheme (QMAS). Entrants admitted under the GEP, the ASMTP, and the QMAS under the General Point Test (GPT), will be relaxed from the current initial stay of one year to two years, and the extension pattern will be changed from the current “two-two-three” year pattern to the “three-three” year pattern.

Additionally, top-tier entrants under these immigration schemes, subject to fulfilling specified criteria, which include having worked or resided in Hong Kong under the respective schemes for at least two years, and having an assessable income for salary tax above a certain level in Hong Kong (not less than HK $2 million or approximately US $250,000), may be granted a six-year extension on time limitation only without other conditions of stay upon application for the first extension. Those successful QMAS entrants under the Achievement-Based Point Test (APT) will be granted upon entry eight years of stay on time limitation only without other conditions of stay. The HKID will also enhance the scoring scheme of the GPT to attract more talent with outstanding academic backgrounds and international work experience to work in Hong Kong.

The immigration policy in Hong Kong remains open and flexible to highly skilled people and responsive to the labor needs of businesses, to ensure that Hong Kong remains a unique “world city” while gradually being reintegrated with the mainland.

FRANCE: New Work Permit Forms Effective January 1, 2015

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New work permit forms are effective January 1, 2015.

For new work permit forms effective January 1, 2015, the employer abroad, the host company in France, and the employee now must provide additional information, summarized below.

Information Required From the Home Company Abroad

a) Registration number or employer ID number of the home company and the name of the registration authority (e.g., the commercial registry and the chamber of commerce).

b) Date of creation of the company.

c) Name of the legal representative of the home company.

d) Main activity of the home company.

e) For intra-company transferees, website or weblink to the Internet page showing the link between the home company and the French host company plus the date of acquisition or date of creation of the French affiliate company.

f) For the international provision of services, the total cost of the services to be provided and the copy of the service agreement between the employer and the client in France.

g) In the absence of a social security bilateral agreement between the home country and France, registration of the foreign employer with the French social security administration for payment of the French social security contribution. Evidence must include proof of registration with Centre National Firmes Etrangères (CNFE, Foreign Firms National Center) and Humanis International in the work permit application. However, these documents may not be available for the very first work permit application and clarification may be needed on what other documents may be provided in lieu of the registration certificates, such as a sworn statement from the employer.

Information Required From the Host Company in France

a) For intra-company transferees, the role of the French entity in the corporate group and the date on which the French entity came under control of the group or was formed.

b) Details of the agent representing the foreign employer in France for the purpose of co-coordinating the work permit application, and the entity responsible for paying the government fees.

c) In case of regulated activity, the identity of the regulating body, and proof and details of certification.

d) The monthly or annual gross salary applicable for an equivalent position in the host company (or in the sector of activity in case of international provision of services), excluding any payment-in-kind.

Information and Documents Required From the Employee

a) Copy of initial employment contract or, if not available, copy of the initial employment offer letter.

b) Copy of employment certificates from previous employers proving adequate professional experience (does not apply to intra-company transfers and secondments).

As noted above, starting January 1, 2015, work permit applications must be made on new forms. Work permits issued by the authorities before this date remain valid.

As some of the requirements may be difficult to fulfill immediately or in a timely manner, adjustments may be made during an interim period. Stay tuned.

CHINA: U.S. & China Reach Agreement to Extend Short-Term Visas

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The United States and China reach agreement to extend visas for short-term business travelers, tourists, students, and exchange visitors.

During his visit on November 8-10, 2014, to the Asia-Pacific Economic Cooperation (APEC) Summit in Beijing, U.S. President Obama announced that the U.S. and China have reached an agreement to extend the visa validity of short-term business, tourist, student, and exchange visitor visas.

According to the U.S. Department of State, starting November 12, 2014, Chinese applicants who qualify as B visitors may be issued multiple-entry visas for up to 10 years for business and tourist travel. Qualified Chinese students and exchange visitors and their dependents who qualify for F, M, or J visas are now eligible for multiple-entry visas valid for up to 5 years or the length of their program. The period of authorized stay for these visa categories is not affected.

Under the agreement, U.S. citizens eligible for Chinese short-term business and tourist visas can also receive multiple-entry visas valid for up to 10 years, while qualified U.S. students may receive student residence permits valid up to 5 years, depending on the length of their educational programs. It is unclear when the new agreement will become effective in China and how it will be implemented under current Chinese immigration laws and regulations.

The reciprocal extension of visa validity to 10 years for short-term business and tourist travel between China and the United States seeks to increase travel and exchange, enhance mutual understanding between the two countries, and benefit the economy. This is a step in the right direction. It will be interesting to see whether longer terms will also be granted to Chinese and Americans holding work visas in the future.

BRAZIL: New Service Order on Time of Service for a Foreign Company

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Brazil issued a new Service Order on time of service for a foreign company.

Brazil issued a new Service Order (No. 01/2015) on January 15, 2015, providing that for purposes of proof of experience, when the candidate is, or was in the past, an employee of a company of the same economic group of the Brazilian sponsoring company, the time of service for the foreign company can be proven through a statement prepared by the Brazilian company, provided that the letter is signed by a statutory officer of the Brazilian company.

The order also states that “any document admitted by law” will also be accepted to prove the experience. The big question here is what will be considered as admitted by law

Vander Elst Implementation in the European Union

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This article provides an overview of Vander Elst implementation in several countries. The Vander Elst process derives from a 1994 ruling by the European Court of Justice regarding the right of a European Union (EU) company to provide services within the EU. It generally allows a non-European Economic Area (EEA) national who is legally employed by a company in an EU country to provide services on a temporary basis to a company in another EU country on behalf of his or her employer without the need to obtain a work permit. A further judgment was delivered in 2006 (Case C-244/04) regarding whether or not the non-EEA employee should have an employment history for a specific duration of time with his or her employer. The 12 months being imposed by some countries was considered disproportionate. However, as the court did not suggest what period of employment might be acceptable, a minimum period is not required before posting an employee to the State for the purpose of providing a service for a limited period.

Belgium

If certain conditions are met, no work permit is required for non-EEA employees employed by a company established in an EEA Member State that provides services in Belgium. Under Belgian law, the Vander Elst work permit exemption can be invoked for non-EEA employees who are entitled to reside in the EEA member state of their residence for more than three months. The employees must also be lawfully employed in the EEA member state of their residence. This implies that they have a work permit, valid for the duration of the work to be performed in Belgium, as well as a regular employment contract. The foreign employees must hold passports and residence permits, valid up to the duration of the work in Belgium, to guarantee their return to their countries of origin or residence. There is no seniority requirement for the employees with the sending companies.

The sending EEA company (for audits) and/or the employee (for visa applications, or for registration for residence purposes) must be able to prove that the Vander Elst exemption applies. In practice, the interpretation of the words “provide services” can be an issue. Most authorities require that the work in Belgium be performed on the basis of a direct contract between the sending EEA company and the Belgian company. The employee may encounter difficulties when registering for long-term residence on the basis of the Vander Elst work permit exemption. It can be a challenge to convince municipal authorities that the exemption applies.

France

France recognizes the treaty rights on delivery of service from a business in a member state to a client located in France. In the framework of such delivery of service, the business may post its third-country employee to France, without being subject to a work permit in France, in accordance with case law in the Vander Elst and subsequent rulings. Such third-country posted worker must be a local employee of the service provider and be authorized to live and work in the member state where the service provider is located. The employee must also be covered under the social security of the member state where he or she is employed. If the posting in France will last more than 90 days, the third-country employee will be subject to a EU service provider permit to stay. The permit to stay is valid for 12 months, and usually is renewed once only.

If the third-country employee is a visa national and will enter France from outside of the Schengen Area, he or she will be subject to a Schengen visa.

Italy

To qualify under the Vander Elst ruling, the employee must be hired by a company established in another European Union state. No specific seniority with the sending company is required. The Italian company must send an online notice to the Immigration Office. If the employee already holds a Schengen residence permit, he or she can enter Italy without applying for a visa. If, on the contrary, the employee holds a residence permit issued by a non-Schengen country, he or she must apply for the relevant visa at the Italian consulate in the country of residence. The posting to Italy cannot exceed four years.

The Vander Elst ruling was implemented in Italy in 2007 with Law 46/2007. Until now, however, it has not been fully implemented. For workers coming from a Schengen country (who do not need a visa), the police—usually alleging that the individual does not have the “necessary” work visa—refuse to issue a permit of stay. For workers coming from a non-Schengen country (the United Kingdom, for example), the online system does not allow these kinds of applications. Therefore, Immigration Offices cannot send the required online notices to the consulates and the visas cannot be issued.

Netherlands

To qualify under Vander Elst in the Netherlands, the employee must be a regular employee of the company in the sending state in the European Union (EU), European Economic Area (EEA), or Switzerland and must have a valid permit to work and stay in that country. The work assignment in the Netherlands must be temporary (with a maximum duration of two years) and the authorities must be notified in advance.

Nature of the service provided: In its decision of September 11, 2014 (Essent case, C-91/13), EU Court of Justice (EUCJ) has made it clear that all types of services are allowed. Specifically, a service consisting of the posting of employees within the meaning of Directive 96/71/EC, article 1(3)(c), falls under the Vander Elst doctrine. The exclusion of workers of temp agencies under the Vicoplus case law (Case C-307/09) only applies to workers in newly acceded Member States during the transition period; i.e., currently to Croatian workers sent from Croatia to other Member States.

Procedure: The company must notify, in writing, a specific department of the Ministry of Social Affairs at least two days before the employee starts working. If the worker will stay in the Netherlands longer than the limit of his or her Schengen visa or visa-free stay, the employer must apply for a residence permit with the immigration authorities.

Partners and children under 18 can apply for a dependent residence permit based on family reunification.

Requirements and documents: For the notification, the employer should provide:

  • a copy of the valid permit of the employee to stay and work in the member state where the company is based, and
  • a copy of the service contract

For the (optional) residence permit, the employer should provide the following additional documents:

  • a labor contract between employer and employee, and
  • a copy of pay slips

Complications: One problematic aspect is that the only feedback the employer receives on the notification is a confirmation once the notification is complete. This does not confirm in any way that the work to be carried out meets all requirements. If in the course of a random Labor Inspectorate audit the Inspectorate concludes that not all requirements of the cross-border provision of services are met, both the client and the service provider will be fined a fixed amount of €12,000 per deployed employee.

BELGIUM: Mandatory Fee for Some Residence Requests

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The Belgian federal government has introduced a mandatory “contribution to the administrative costs” (mostly referred to in the press as a “foreigners’ tax”) with regard to some requests for residence authorization by foreigners. The government said this measure is in response to the continuing increase in the number of such applications and the resulting workload.

The federal government agreed to this measure on November 27, 2014. A government bill, also including several other measures, was filed in the Belgian Parliament on November 28, 2014, and the law was approved on December 19, 2014. Before the fee can become effective, it must be implemented by means of a Royal Decree. The fee will probably amount to €215 for work permit holders and €160 for family members.

Most foreigners will need to pay the fixed amount to file an application for residence authorization, either in Belgium or abroad through a Belgian embassy or consulate. If the fee is not paid, the application will be considered inadmissible. The fee will be paid by, among others, work permit holders and their family members; students; some researchers; and Blue Card applicants.

Members of the European Economic Area, Swiss citizens and their family members, asylum seekers and recognized refugees, victims of human trafficking, and unaccompanied minors will be exempt from the new fee.

MEXICO: New

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The new “Temporary Migration Regularization Program” took effect January 13.

On January 12, 2015, the Mexican government published an announcement in the Federal Official Gazette about the “Temporary Migration Regularization Program,” which became effective the day after and will expire on December 18, 2015.

The program incorporates requirements and procedures temporarily applicable to foreigners who entered Mexico legally before November 9, 2012, and who, as of January 13, 2015, have been living in Mexico under an irregular migration status.

The program establishes that if the migration authority resolves the migration filing as approved (taking into account that the interested individual filed a migration regularization application), the authority will grant temporary resident status for four years with the possibility of requesting a work permit with authorization to perform remunerated activities in Mexico.

This program is aligned with various strategies of the Mexican government that promote specific actions to guarantee protection of the human rights of immigrants under unfavorable conditions, such as irregular status, which often represents a risk to their security, access to health services, and development in society.

News from the Alliance of Business Immigration Lawyers Vol. 11, No. 1B • January 15, 2015

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Headlines:

1. State Dept. Anticipates Visa Number Movement in Some Employment-Based Categories – Forward movement is possible in some employment-based categories in the coming months.

2. USCIS Revises Petition for a Nonimmigrant Worker – Starting on May 1, 2015, USCIS will accept only the October 23, 2014, edition of the I-129.

3. Agencies Launch Awareness Campaign on Executive Actions for Mexicans and Central Americans – The campaign explains how Deferred Action for Parents of Americans and Lawful Permanent Residents will be implemented and who is eligible.

4. DHS Extends TPS for Salvadorans – Temporary protected status (TPS) has been extended for eligible nationals of El Salvador through September 9, 2016.

5. DHS Extends, Redesignates TPS for Syrians – Syria has been redesignated for TPS, and the existing TPS designation for that country has been extended through September 30, 2016.

6. State Dept. Revises Reciprocity Schedules for Several Countries – In recent months, the Department of State has revised visa reciprocity schedules for Armenia, Brazil, Albania, and China, among others.

7. State Dept.’s NVC Is Now Handling All Domestic Visa Inquiries – The National Visa Center (NVC) has begun handling all domestic email and telephone inquiries from the public on nonimmigrant and immigrant visa cases.

8. New Publications and Items of Interest – New Publications and Items of Interest

9. Member News – Member News

10. Government Agency Links – Government Agency Links

Details:

1. State Dept. Anticipates Visa Number Movement in Some Employment-Based Categories

The Department of State’s Visa Bulletin for February 2015 notes that movement is possible in some employment-based categories in the coming months.

In the employment-based “Worldwide” third preference category, the Visa Office expects rapid forward movement “for at least another month or two.” The bulletin notes that rapid movement in recent months is expected to generate a significant amount of demand for numbers. “Once such demand materializes at the anticipated rate, it will have a direct impact on this cut-off date,” which stands in February at January 1, 2014.

Similarly, the Visa Office expects rapid forward movement in the employment-based third preference category for China. “Such movement is likely to result in a dramatic increase in demand which could require ‘corrective’ action within the next six months,” the bulletin notes. India may move by up to two weeks. On the other hand, Mexico and the Philippines will remain at the Worldwide date, although increased demand in the latter could require “corrective” action at some point later in the fiscal year, the bulletin states.

The bulletin notes that the determination of the monthly cut-off dates is subject to monthly fluctuations in applicant demand and a number of other variables, so trends and estimates are not guaranteed.

FEBRUARY 2015 VISA BULLETIN

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2. USCIS Revises Petition for a Nonimmigrant Worker

U.S. Citizenship and Immigration Services (USCIS) has revised Form I-129, Petition for a Nonimmigrant Worker. The revised Form I-129 is labeled with an October 23, 2014, edition date. It expires on October 31, 2016.

Starting on May 1, 2015, USCIS will accept only the October 23, 2014, edition of the I-129. USCIS will not accept previous editions of the I-129 on or after May 1, 2015.

Among other things, the revised form includes a question on the H classification supplement that asks, “Does any beneficiary in this petition have ownership interest in the petitioning organization?”

DETAILS AND LINK TO THE FORM

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3. Agencies Launch Awareness Campaign on Executive Actions for Mexicans and Central Americans

The Departments of State and Homeland Security have launched the “Executive Action on Immigration: Know the Facts” awareness campaign, a national and international outreach effort detailing the eligibility requirements for requesting deferred action under President Obama’s announcement in November 2014. The campaign, aimed at the Mexican and Central American public, explains how Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) will be implemented and who is eligible, “in an effort to dispel potential misinformation.”

The campaign, in collaboration with U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS), is intended to:

  • inform undocumented immigrants in the United States and the Mexican and Central American public about DAPA and to whom it applies;
  • dissuade family members living in the United States from supporting the unauthorized migration of family members, including by emphasizing that persons currently in the United States who help undocumented family members enter the country will be barred from DAPA; and
  • dissuade members of the Mexican and Central American public from migrating to the United States without authorization in the hope of taking advantage of executive actions that do not apply to them, including by reminding them that migrants apprehended at the border or ports of entry while attempting to unlawfully enter the United States fall into the United States’ “highest enforcement and removal priority.”

The campaign includes:

  • running radio and TV public service announcements in El Salvador, Guatemala, Honduras, Mexico, and U.S. metropolitan areas with high concentrations of Mexicans and Central Americans, such as Houston, Los Angeles, the District of Columbia, New York, and Miami;
  • placing print products in English and Spanish language outlets in those countries;
  • engaging English and Spanish-language media in the United States, Mexico, and Central America;
  • providing more information on executive action eligibility on CBP’s and USCIS’ websites; and
  • updating CBP’s Information Call Center help lines with the latest information in Spanish and English.

ANNOUNCEMENT

CAMPAIGN MATERIALS AND ADDITIONAL INFORMATION A social media campaign is also being planned.

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4. DHS Extends TPS for Salvadorans

Jeh Johnson, Secretary of Homeland Security, has extended temporary protected status (TPS) for eligible nationals of El Salvador for an additional 18 months, effective March 10, 2015, through September 9, 2016.

Current TPS El Salvador beneficiaries seeking to extend their TPS must re-register during the 60-day re-registration period that began on January 7, 2015, and runs through March 9, 2015. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible.

The 18-month extension also allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible TPS El Salvador beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of September 9, 2016. USCIS recognizes that some re-registrants may not receive their new EADs until after their current ones expire. Therefore, USCIS is automatically extending current TPS El Salvador EADs that have a March 9, 2015, expiration date for an additional six months. These existing EADs will now be valid through September 9, 2015.

To re-register, current TPS beneficiaries must submit:

  • Form I-821, Application for Temporary Protected Status (re-registrants do not need to pay the Form I-821 application fee).
  • The biometrics services fee (or a fee waiver request) if they are 14 years old or older.
  • Form I-765, Application for Employment Authorization, regardless of whether they want a new EAD.
  • The Form I-765 application fee or a fee waiver request, but only if they want an EAD. If the re-registrant does not want an EAD, no application fee is required.

Applicants may ask USCIS to waive the I-765 application fee or biometrics fee based on an inability to pay. To do so, applicants must file Form I-912, Request for Fee Waiver, or submit a written request. Fee waiver requests must be accompanied by supporting documentation. USCIS will reject the TPS application of any applicant who fails to submit the required filing fees or a properly documented fee waiver request.

Additional information about TPS for El Salvador—including guidance on eligibility, the application process, and where to file—is available online.

Further details about the extension of TPS for El Salvador, including application requirements and procedures, were published in the Federal Register on January 7, 2015.

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5. DHS Extends, Redesignates TPS for Syrians

Jeh Johnson, Secretary of Homeland Security, has redesignated Syria for temporary protected status (TPS) and extended the existing TPS designation for that country from April 1, 2015, through September 30, 2016.

Current TPS beneficiaries from Syria must re-register during a 60-day re-registration period that began on January 5, 2015, and runs through March 6, 2015. Syrian nationals and person without nationality who last habitually resided in Syria, who don’t have TPS and who have continuously resided in the United States since January 5, 2015, and who have been continuously physically present in the United States since April 1, 2015, may apply for TPS during a 180-day initial registration period that began on January 5, 2015, and runs through July 6, 2015.

U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible. The 18-month extension allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible Syria TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of September 30, 2016. USCIS recognizes that some re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is automatically extending current TPS Syria EADs with a March 31, 2015, expiration date for an additional six months. These existing EADs are now valid through September 30, 2015.

To re-register, individuals must submit:

  • Form I-821, Application for Temporary Protected Status (re-registrants do not need to pay the Form I-821 application fee).
  • The biometric services fee (or a fee-waiver request) if they are 14 years old or older.
  • Form I-765, Application for Employment Authorization, regardless of whether they want a new EAD.
  • The Form I-765 application fee or a fee waiver request, but only if they want an EAD. If the re-registrant does not want an EAD, no application fee is required.

Eligible Syrian nationals (and persons having no nationality who last habitually resided in Syria) who do not currently have TPS may apply for TPS if they meet the continuous physical presence requirements noted above. In addition, applicants must meet all other TPS eligibility and filing requirements.

To apply for the first time, individuals must submit:

  • Form I-821, Application for Temporary Protected Status.
  • The Form I-821 application fee.
  • Form I-765, Application for Employment Authorization, regardless of whether they want a new EAD.
  • The Form I-765 application fee, but only if they want an EAD and are 14 to 65 years old (those who are under age 14 or are age 66 or older do not need to pay the I-765 fee with their initial TPS applications).
  • The biometric services fee if they are age 14 or older.

Those who still have a pending initial Syria TPS application do not need to submit a new I-821. However, if such individuals currently have a TPS-related EAD and want a new EAD, they must submit the I-765 with application fee, regardless of their age, and a copy of the receipt notice for the initial I-821 that is still pending.

DHS anticipates that approximately 5,000 individuals will be eligible to re-register for TPS under the existing designation of Syria and that approximately 5,000 additional individuals may be eligible for TPS under the redesignation.

Applicants may ask USCIS to waive any fees based on inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee waiver requests must be accompanied by supporting documentation. USCIS will reject the TPS application of any applicant who fails to submit the required filing fees or a properly documented fee waiver request.

MORE INFORMATION

RELATED FEDERAL REGISTER NOTICE

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6. State Dept. Revises Reciprocity Schedules for Several Countries

In recent months, the Department of State has revised visa reciprocity schedules for Armenia, Brazil, Albania, and China, among others.

For temporary visitors (nonimmigrants) to the United States, reciprocity tables show applicable visa issuance fees by country and by visa classification type, and the maximum period of visa validity and number of applications, or entries, that may be authorized.

LATEST UPDATES

RECIPROCITY TABLES BY COUNTRY

ADDITIONAL UPDATES

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7. State Dept.’s NVC Is Now Handling All Domestic Visa Inquiries

The Department of State’s Visa Office has established one point of contact for all domestic inquiries regarding nonimmigrant and immigrant visa cases. The National Visa Center (NVC) has begun handling all domestic email and telephone inquiries from the public on nonimmigrant and immigrant visa cases as of January 12, 2015.

NOTICE

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8. New Publications and Items of Interest

Conference call on PERM. On Thursday, January 22, 2015, from 4:30 pm until 5:30 pm EST, the Department of Labor (DOL) will host a stakeholder listening session on the Permanent Labor Certification Program (PERM) via conference call. DOL’s Deputy Chief of Staff, Seema Nanda, and Assistant Secretary for Employment and Training, Portia Wu, will lead the session. The agency is interested in “beginning a dialogue and receiving feedback” about the PERM program’s role in employment-based immigration, its current regulatory framework, and any general areas of concern to the stakeholder community.

To participate in the listening session, register by January 19, 2015. If you have questions, email DOL’s Office of Public Engagement at PublicEngagement@dol.gov.

E-Verify updates on Twitter. Twitter.com/EVerify is a new official source of Form I-9, E-Verify, myE-Verify, Self Check, and other employment eligibility verification information. Featured information includes Form I-9 changes, news about the Self Lock expansion, E-Verify enhancements, and employee rights resources. The Twitter news updates are for employers, human resources professionals, workers, and worker advocates.

CIA assessment on surviving secondary inspection while maintaining cover. Wikileaks has released a document produced by the U.S. Central Intelligence Agency’s (CIA’s) CHECKPOINT Identity and Travel Intelligence Program to advise CIA operatives on how to deal with secondary screening at airports, as they travel to and from covert CIA operations using false identification, including into and out of Europe. The document details specific examples of operatives being stopped under secondary screening at various airports around the world; how and why the person was stopped; and advice on how to deal with such circumstances and minimize the risks if stopped to continue maintaining cover. The document was created for distribution within the CIA and to other officials who hold appropriate clearances at executive branch departments and agencies of the U.S. government. Although created for CIA operatives, the document is useful for anyone going through secondary inspection.

Revamped USCIS careers website. USCIS has redesigned http://www.uscis.gov/careers. The website is for job seekers wanting to learn about vacancies, special hiring programs, benefits, career development opportunities, and the hiring process. A new “Life at USCIS” section features first-person perspectives of employees across the agency. This section will rotate profiles to highlight the variety of positions and backgrounds of USCIS personnel and the skills the agency seeks.

ANNOUNCEMENT

USCIS page on Obama executive actions. Two fliers on President Obama’s executive actions on immigration are now available on http://www.uscis.gov/immigrationaction. USCIS encourages stakeholders to use these fliers when communicating with the public about these actions. The fliers explain:

  • The importance of avoiding scams and not submitting requests until the new initiatives are available.
  • Eligibility requirements for the expanded Deferred Action for Childhood Arrivals (DACA) and the new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).

The fliers are available in English, Spanish, Korean, and Vietnamese. A Chinese version will be available soon. The page also includes other related information and links.

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 co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

 

The latest edition adds a chapter on Singapore. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Russia, 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 designed to be used by:

  • 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.

The list price is $299, but discounts are available. Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584; or go to the Lexis/Nexis website.

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

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9. Member News

Robert Loughran presented “Employment Authorization Hot Issues: ICE Subpoenas, Discrimination Claims, Form I-9, and E-Verify” to the South Texas Human Resources Symposium on Thursday, January 15, 2015, in San Antonio, Texas.

Cyrus Mehta has co-authored a new blog entry. “The Laboratories of Democracy: State Initiative and Promotion of Immigration Reform”

Angelo Paparelli was featured in an article on LXBN, The Lexblog Network, “LXBN Leaders: Through Blogging, Angelo Paparelli Brings Passion and Personality to Immigration Law.”

Mr. Paparelli’s latest blog entry, “The Immigration Year in Review: The 2014 IMMI Awards”

Bernard Wolfsdorf will present a free webinar, “Worldwide Citizenship and Residency Options for Investors,” on Tuesday, January 20, 2015, from 12:30 to 1:45 pm (PST). This webinar will be presented with Henley & Partners. Topics include the latest developments in alternative citizenship and residency options for numerous countries and a comparison with United States investor options. FOR MORE INFORMATION OR TO REGISTER.

Stephen Yale-Loehr was quoted in the Dallas Morning News on December 30, 2014. He said that the EB-5 visa category can be a tricky funding mechanism because it incorporates immigration and securities law and overseas marketing. “It’s akin to a Rubik’s Cube. It’s very difficult, but if you can do it, then it works out very well for everyone involved.”

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10. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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