Headlines:

1. ACQUISITION OF CITIZENSHIP THROUGH FAMILY RELATIONSHIP: AN OVERVIEW – This article provides an update on acquisition of citizenship through family relationship in several countries.

2. FRANCE – A new law to control immigration entered into force on January 26, 2024. France also announced procedures related to the Olympic Games in Paris and other cities this summer, and France is on notice for failure to transpose a European Union directive relating to the European Blue Card.

3. UNITED KINGDOM – There are changes to travel to the European Union for British citizens starting this October, and the Migration Advisory Committee has reported that the Graduate visa route should stay.

4. SWITZERLAND – There have been developments toward easier access to the Swiss labor market for certain professions.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

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ABIL Global Immigration Update – June 2024

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1. ACQUISITION OF CITIZENSHIP THROUGH FAMILY RELATIONSHIP: AN OVERVIEW

This article provides an update on acquisition of citizenship through family relationship in several countries.

Canada

In Canada, citizenship may be conferred on an individual by birth—i.e., by being born in Canada (see Section 3(1) of the Canadian Citizenship Act). An individual may also be eligible for a grant of Canadian citizenship through naturalization following an adoption. In addition, an individual may have Canadian citizenship by descent; the Citizenship Act recognizes the possibility for certain individuals to pass Canadian citizenship to their children, if those individuals meet certain requirements set out in the Citizenship Act (see Section 3(1) of the Canadian Citizenship Act).

In 2009, following an amendment to the Citizenship Act (see Bill C-37, An Act to Amend the Citizenship Act for more information), it was made impossible for Canadian citizens born abroad, whose children were also born abroad, to pass on Canadian citizenship to their children born abroad under Section 3(3)(a) of the Canadian Citizenship Act, also known as the “second-generation cut-off rule.”

The constitutionality of the second-generation cut-off rule was challenged in a case presented at the Ontario Superior Court, and on December 19, 2023, the Ontario Superior Court decision was released (see Bjorkquist et al. v. Attorney General of Canada, 2023 ONSC 7152). In the decision, Justice Jasmine T. Akbarali found that Section 3(3)(a) of the Citizenship Act was unconstitutional as it contravened Section 15 “equality rights” and Section 6 “right to mobility” under the Canadian Charter of Rights and Freedoms (see Sections 6 and 15 of the Canadian Charter of Rights and Freedoms), and gave the government of Canada six months to amend the provisions in the Citizenship Act affecting born-abroad Canadian citizens and their children born abroad.

On January 22, 2024, the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship Canada, issued a statement declaring that the government of Canada would not appeal the decision rendered in the Bjorquist case.

In May 2024, the Government of Canada announced Bill C-71, An Act to amend the Citizenship Act (2024) which, if passed, could lead to important changes in the laws regulating whether or not a Canadian parent born abroad would be able to pass on Canadian citizenship to their children or descendants born abroad and, if so, under what conditions. More information is to follow.

Italy

Italian citizenship is based on the principle of jus sanguinis [right by blood]. This means that a child who is born to an Italian father or mother is also an Italian citizen, no matter where the child was born. People with an Italian ancestor may be eligible for citizenship depending on a number of factors, such as the date and place of birth of their parents, grandparents, or even great-grandparents.

An individual can apply for Italian citizenship with no limit to the number of generations. However, since until 1861 there was no Italian State, it is not possible to talk of Italian citizenship before that year. Thus, with some exceptions, the oldest Italian ancestor from whom Italian citizenship can be derived must have been a person who acquired Italian citizenship in or after 1861.

Demonstrating that one is Italian via ancestry (i.e., having an Italian mother or father) is not necessarily sufficient to obtain citizenship. For example, until 1992 Italian law did not allow dual citizenship. Accordingly, citizenship was automatically lost if someone became a naturalized citizen of another country.

Also, under the 1912 Citizenship Law, only men were able to transfer their Italian lineage to children, while women could hold but not pass on citizenship to their descendants. In 2009, the Italian Supreme Court established, however, that it is unconstitutional to discriminate between women and men in citizenship matters. If someone has only female Italian lineage, depending on the circumstances, they may not be able to obtain citizenship at the Italian consulate and may need to file a court action in Italy.

Netherlands

The most common way of acquisition of Dutch nationality is by descent: any child born from at least one Dutch parent is a Dutch national by birth. For adults, there is no direct or immediate acquisition of Dutch nationality through family relationship, but there are some advantages.

Minors

For minors, the country where the birth takes place is not relevant for acquisition of Dutch citizenship; parenthood is decisive (i.e., the rule of jus sanguinis [right of blood] as opposed to jus soli [right of birthplace]). The parents do not need to be married, and a child of an unmarried Dutch mother and unknown father is also Dutch at birth. However, a child born out of wedlock from a Dutch father and a non-Dutch mother is not under all circumstances Dutch. An assessment would be needed to determine whether the child is Dutch and, if not, whether the child nevertheless could obtain Dutch citizenship in a facilitated manner.

If legal parenthood is established or effectuated at a later moment, e.g., by way of acknowledgement or adoption, the child will still be considered as having obtained Dutch citizenship by descent, i.e., by operation of law.

In case of acknowledgement, if this was done by the father after March 1, 2009, and the child had not yet turned 7, the child is automatically a Dutch citizen. Acknowledgement of a child aged 7 or above (but not yet 18) can also lead to acquisition by descent, on condition that the acknowledger prove biological parenthood by means of a DNA test and within 1 year after the acknowledgement. If the acknowledger is unable or unwilling to take a DNA test, the child can become a Dutch citizen through an option request, which is a facilitated way of acquisition, but the child is not Dutch by operation of law. In addition, the acknowledger must have cared for and brought up the child for at least three years without interruption.

In case of adoption, the adoption must meet the requirements of the rules of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) or Book 10 of the Dutch Civil Code. This only works if the legal and other family ties with the original parents have been definitively broken.

Adults

For adults, a family relationship with a Dutch national brings only indirect benefits in terms of nationality. Whereas the general waiting term for naturalization is five years of legal stay in the Netherlands, spouses of Dutch nationals can naturalize after three years of being together with the spouse, and this even applies if they are living outside of the Netherlands (with the exception of the country of the applicant’s nationality). Furthermore, the spouse or registered partner of a Dutch national is exempt from the requirement to renounce their original nationality.

Türkiye

Turkish Citizenship Law through family relations is governed by the Turkish Citizenship Act No. 5901 (Law). It governs requirements for both spouses and children of Turkish citizens.

The spouse of a Turkish citizen has certain benefits when applying for Turkish citizenship. Under Article 16 of the Law, foreigners who have been married to a Turkish citizen for at least three years may apply to acquire Turkish citizenship if they:

• Live in marital union;
• Avoid acts not compatible with marriage unity; and
• Do not pose a threat to national security and public order.

The main benefit of applying as a spouse of a citizen compared to other categories of citizenship is that the applicant does not need to meet certain Turkish residency, physical presence, or continuity requirements.

A child (under 18) born abroad to a Turkish mother or father may acquire Turkish citizenship but must take certain steps to formalize this. The following individuals can acquire citizenship from a parent under articles 6 and 7 of the Law:

• A child born to a married Turkish father or mother, whether born in Türkiye or abroad (article 7 of the Law).
• A child born in Turkey or abroad to unmarried parents under these circumstances:
  • Unmarried Turkish mother and foreign father: child is a citizen at birth.
  • Unmarried Turkish father and foreign mother: child acquires citizenship after a procedure to determine descent.
• A child under 18, adopted by a Turkish citizen, from the date of adoption if he or she does not pose a threat to national security or the public order (article 17 of the Law).

An applicant who is 18 or over, and whose mother and/or father is a Turkish citizen but who was not registered with a civil registry office before he or she turned 18, may be registered as a Turkish citizen if it is decided by the Ministry upon application and examination.

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2. FRANCE

A new law to control immigration entered into force on January 26, 2024. France also announced procedures related to the Olympic Games in Paris and other cities this summer, and France is on notice for failure to transpose a European Union directive relating to the European Blue Card.

The new law’s legislative journey and the media debate around it have been very intense over several months. Important measures like massive regularization of undocumented workers in short-staffed professions have finally been rejected by the Senate.

The legislative process has been lively: after the adoption by the Senate of a text presenting several setbacks for foreigners’ rights, a motion for prior rejection was adopted by the National Assembly. Finally, Deputies from the majority, the right wing, and the far right wing agreed on the final text, including several measures already identified as unconstitutional.

The Constitutional Council, in its decision of January 25, censored 35 articles of the law. The Constitutional Council has deemed the following measures unconstitutional:

• Migration quotas. The law planned the establishment of “quotas” to cap for the next three years the number of foreigners admitted to the country. Because this measure was considered unconstitutional by the Constitutional Council, quotas will not be implemented.
• Family reunification. The conditions for family reunification will remain the same. The extension of the duration of residence in France for more than 24 months has been deemed unconstitutional as well as the other new measures regarding family reunification.

With regard to aspects relating more to private life, the following measures deemed unconstitutional have been excluded:

• Tightening of the conditions to be met by a foreigner married to a French national to be issued with a temporary residence permit bearing the title “private and family life” for a period of one year;
• Tightening of the conditions for issuing a residence permit for reasons of study; and
• Full right issuance of a long-stay visa to British nationals who own a secondary home in France.

Legislative Changes

Measures under this new law that directly impact professional immigration include:

Talent Passport Residence Permits

“Talent Passport” residence permits change their name to “Talent” residence permits, in a simplification effort.

The following three Talent Passport residence permits all merge to a single “Talent—Qualified employee” residence permit: (1) Talent—Passport Qualified employee, (2) Talent Passport employee of an innovative company, and (3) Talent Passport intra-company. This simplification does not modify the initial conditions required for each status, but the minimum salary thresholds could change since the article refers to “a salary threshold set by decree in the Council of State,” which has not yet been published.

The following three Talent Passport residence permits will all merge into a single “Talent—Project Bearer” residence permit: (1) Talent Passport—Business Creation, (2) Talent Passport innovative economic project, and (3) Talent Passport economic investment.

The new law also creates a “Talent—medical and pharmacy professions” residence permit for doctors, midwives, dental surgeons, and pharmacists.

Regularization of Undocumented Workers in Short-Staffed Professions

The law gives prefects discretion to regularize an undocumented worker who has lived in France for at least three years; worked at least 12 months, consecutive or not, over the last 24 months; and has a job in a short-staffed profession in a specific area. This will allow the issuance of a residence permit bearing the title “temporary worker” or “employee” for a period of one year. The worker can apply without the employer’s approval.

Olympic Games 2024

The Olympic Games will take place in Paris and other cities (Marseille, Toulouse, Lille) from July 26 to August 11, 2024. The Paralympic Games will take place from August 28 to September 8, 2024.

Among measures for foreigners is the possibility for foreign students to participate in private security activities. The work time performed in these activities will not be considered in the calculation of the ancillary work time allowed for foreign students, which is 60 percent of the annual work time (i.e., around 964 hours per year).

Also, according to the French Ministry and consulates in the United States, a simplified process has been implemented for travelers for whom an accreditation request is submitted to the Olympic or Paralympic Committee, such as members of the Olympic and Paralympic Committees, athletes, accompanying persons, media, and official guests.

They can appear in any visa center to apply for a visa without an appointment; a time slot is dedicated to them every morning. They only need to provide their passport, proof of accreditation, and photos. Fingerprinting takes place as well. There are no visa fees to be paid and no visa form to be filled out before submission of the application.

Absence of Transposition of EU Blue Card Directive

On January 25, 2024, the European Commission announced adoption of a set of decisions concerning delays in the transposition of European Union (EU) Directives. France is on notice for failure to transpose the directive of October 20, 2021, relating to the European Blue Card.

States had until November 18, 2023, to adapt their internal laws to EU Directives. In France, the law of January 26, 2024 (which includes several articles related to the work of foreigners) did not include any modification of the Foreigners Code (CESEDA) for European Blue Card status.

French authorities had two months to respond and complete the transposition. Failing this, the Commission could issue a reasoned opinion and, in the absence of a response, bring the matter before the EU Court of Justice. As of May 26, 2024, there was no update regarding the transposition of the EU Blue Card Directive into French law, and the Commission had not yet issued its opinion.

The Foreigners Code (CESEDA) includes several provisions relating to the multi-year “talent, European blue card” residence card, but those are not in line with the Directive: the possibility for the foreigner to present an employment contract or a job offer of at least six months (currently 12 months); duration of the residence permit set at a minimum of 24 months (currently one year); and possible mobility to another Member State after 12 months of legal residence in the first Member State (instead of 18).

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3. UNITED KINGDOM

There are changes to travel to the European Union for British citizens starting this October, and the Migration Advisory Committee has reported that the Graduate visa route should stay.

Changes to Travel to the EU for British Citizens Starting This October

The European Union’s (EU) Entry/Exit System (EES) is a new digital border system that had been intended to start in 2022. Reports suggest that it will now start on October 6, 2024. The EES official website says the start date is “TBC,” but the media reports that it will start on October 6 subject to member states confirming they are ready.

The EES will apply to British citizens and other non-EU citizens (such as U.S., Canadian, and Australian nationals) who do not require a prior visitor visa to travel to Europe as well as to holders of short-stay visas. It will apply when they travel to the EU (except from Cyprus and Ireland where manual passport border checks will continue), the European Economic Area (EEA) (Norway, Liechtenstein, and Iceland), and Switzerland. There will be two main implications when the EES starts in October for those affected:

• Photo and fingerprints. A digital photo and fingerprints must be provided at port when a traveler arrives in the EU/EEA/Switzerland for the first time. Travelers need not be alarmed by this but should expect a delay when passing through immigration control. Once the photo and fingerprints have been provided, on future trips the traveler should have a quicker and easier journey because automated “self-service systems” at border control areas will mean manual passport stamping is no longer required; and
• Electronic monitoring. The EES will electronically monitor whether the traveler stays more than 90 days in any 180-day period within the EU/EEA/Switzerland area. Once implemented, travelers in the European area will need to be more wary than ever about overstaying the 90 days. Where the maximum stay is exceeded, this can lead to entry bans for the whole of the EU/EEA/Switzerland. Equally, when making a journey, it is expected that border control officers will have information about the number of permitted days remaining for each traveler, who will only be allowed entry for the remaining days.

The European Travel Information and Authorisation System

The EES is separate from the upcoming European Travel Information and Authorisation System (ETIAS), which is expected to start in mid-2025 (the exact start date is unknown). It will apply to non-EU/EEA/Swiss nationals who are able to enter the EU visa-free—including British citizens. The ETIAS will mean that affected travelers will need to apply for pre-travel authorization, in much the same way as required by the U.S. Electronic System for Travel Authorization and the UK’s Electronic Travel Authorisation scheme.

Government’s Independent Advisory Body Reports That Graduate Visa Route Should Stay

The Migration Advisory Committee (MAC) has for many years advised the government on UK immigration policy. On March 11, 2024, the government asked the MAC to review the Graduate visa route, including in terms of “[a]ny evidence of abuse of the route including the route not being fit for purpose.”

The MAC has now released its report and said, “After reviewing the evidence, our conclusion is clear. The Graduate route has broadly achieved, and continues to achieve, the objectives set by this government. We therefore recommend that the route remains in place in its current form.”

This is good news for students and employers. The Graduate route provides a two-year work visa for those who complete a bachelor’s or master’s degree at a United Kingdom university, or a three-year visa if they complete a PhD. It serves as a useful “bridge” for employers to recruit graduates and then consider whether they will sponsor them under the Skilled Worker route.

That said, it remains to be seen whether the government will follow the advice of the MAC or follow through on restricting the route by, for example, limiting the visa to six months and perhaps making it only for graduates in certain subjects, if not deleting it altogether.

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4. SWITZERLAND

There have been developments toward easier access to the Swiss labor market for certain professions.

Efforts to provide easier access to the Swiss labor market for certain professions include the default for non-European Union (EU)/European Free Trade Association (EFTA) nationals: a Swiss labor market test requirement.

By giving priority to the domestic labor market, the aim is to increase local workers’ chances of finding a job and to limit the entry of new foreign workers to meet the requirements of the labor market. With its two-tier structure, the system works in favor of domestic workers and workers from EU/EFTA states who can invoke the Agreement on the Free Movement of Persons between the EU/EFTA countries and Switzerland and are entitled to admission to the Swiss labor market.

In addition to Swiss nationals, domestic persons include those who are foreign nationals seeking employment who already live in Switzerland and are authorized to take up gainful employment. The admission of third-country nationals is therefore only possible if, in addition to the domestic and local labor force, there are no suitable workers from the EU/EFTA area for the Swiss labor market.

Occupations With a Pronounced Shortage of Skilled Labor

Within the last year, the following possible exemptions from the labor market test requirement have been added for consideration by labor market and migration authorities:

In occupations that are demonstrably affected by a pronounced structural shortage of skilled labor, it can be assumed that the domestic potential has been exhausted. If the demand for skilled labor in a particular occupation exceeds the supply under the given working conditions, a shortage of skilled labor can be assumed. However, skills shortages are not absolute, but they can vary in severity. The focus is on structural imbalances, which—in contrast to cyclical fluctuations between supply and demand for skilled labor—exist over a longer period of time.

These are often skilled workers who are not, or only insufficiently, available in the EU/EFTA area. For applications for residence for employment in occupations that are demonstrably affected by a pronounced shortage of skilled labor, the legally stipulated provision of proof of priority in enforcement can be facilitated.

In such cases, the authorities responsible for the preliminary labor market decision may refrain from demanding concrete search efforts. By plausibly demonstrating in an application that there is a shortage occupation in the specific case, the applicant company can fulfil the obligation to provide evidence. In this case, the competent cantonal authority can make the judgement that the domestic potential has been exhausted and that the priority principle is therefore fulfilled.

Taking into account the State Secretariat for Economic Affairs (SECO) indicators and empirical values from the State Secretariat for Migration (SEM), the following occupational fields may fall under the facilitation of enforcement with regard to the obligation to provide evidence:

• Executives (management positions) in research and development; health care; education; information and communication technology; management consultancy; finance and insurance; the mechanical, electrical, and metal industry; and the production of chemical and pharmaceutical products and food products;
• Business administration specialists in management and organizational analysis;
• Engineering professionals (process and production engineers; civil engineers; engineers in electrical engineering, electronics, and telecommunications), natural scientists, mathematicians and engineers and specialists in information and communication technology (IT engineers, system analysts, software developers, application programmers, database and network specialists);
• Certain healthcare professionals: Medical specialists, medical assistants, physiotherapists, qualified nurses (with specialization), other medical specialization, other medical-technical specialists (e.g., medical-technical radiology assistants); and
• University and college teachers.

If the facts of the case are critical, or if the competent cantonal authority sees a reason to do so, it can request suitable special evidence (e.g., advertisement of the vacant position on the public unemployment system site or in the EU/EFTA area or reference to the skilled labor situation in the EU/EFTA area). The reasons for this could include the cantonal labor market situation, regional economic priorities, or macroeconomic interests.

The above is not a blanket exemption from the labor market test requirement but gives authorities discretion to grant work permit approvals without labor market testing for these types of employment. Individual case evaluation thus remains as vital as ever.

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5. New Publications and Items of Interest

Alliance of Business Immigration Lawyers:

• ABIL is available on X (formerly Twitter): @ABILImmigration
• Recent ABIL member blogs are at http://www.abilblog.com/

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ABIL Member / Firm News

Several ABIL member firms were named in Canadian Lawyer‘s top 10 immigration boutiques for 2024-25, including Gomberg Dalfen S.E.N.C. and Corporate Immigration Law Firm (CILA). Canada’s best immigration law firms were selected from a pool of 47 nominees, include boutiques of varying sizes. Barbara Jo Caruso, CILA co-president and founding partner, said, “In Canadian Lawyer‘s announcement of who’s who and who is succeeding, there’ll be a common thread that these people haven’t gotten there on their own. Regardless of where you’re practicing immigration law, to succeed, immigration lawyers need a community to bounce ideas off of to keep abreast of all the changes.”

Klasko Immigration Law Partners, LLP, has published several new blog posts: Considerations for Early-Career Scholars and EB-1B Outstanding Researcher/Professor Petitions, Digital Nomad Visa Programs: An APAC Update, and Visa Reconsideration and Fee Waiver for Applicants Impacted by Presidential Proclamation 9645.

Klasko Immigration Law Partners, LLP, has published The Immigration Considerations to Attract and Retain Remote Staff Working Abroad. In the article, Klasko attorneys Tim D’Arduini, Jordan Gonzalez, and Sarah Holler outline the numerous considerations employers must consider when putting together a global remote work policy, from visas and work authorization to tax and labor law considerations.

Klasko Immigration Law Partners welcomed Jessica DeNisi as its newest partner. Ms. DeNisi rejoined Klasko Immigration to co-lead the EB-5 Regional Center and Developer Practice from the firm’s Washington, DC, office, contributing significantly to the firm’s continued growth in this area.

Klasko Immigration Law Partners welcomed Brian Green to its esteemed Immigration Litigation Practice Team. Brian joined the firm as Of Counsel and will play a key role in supporting clients through strategic litigation who are facing delays and improper denials. Brian brings over a decade of experience in successfully litigating more than 1,000 immigration cases. His extensive expertise includes navigating complex legal challenges and advocating for clients’ rights in diverse immigration matters. He is admitted to practice before 30 district courts, all circuit courts of appeal, and the Supreme Court. He is currently Vice Chair of the American Immigration Lawyers Association’s National Benefits Litigation Committee and regularly presents on addressing immigration problems through litigation at CLE conferences across the country.

Charles Kuck was interviewed on NewsNation about border issues. He corrected some facts and put the blame for a broken immigration system on Congress.

Mr. Kuck was quoted by the Atlanta Journal-Constitution in In Atlanta, Long Lines of Migrants Reflect Surge at Border. Commenting on long lines at Atlanta’s U.S. Immigration and Customs Enforcement office, Mr. Kuck said, “I haven’t seen this in 25 years.”

The IMMpact Litigation team (Kuck Baxter, Joseph & Hall, Bless Litigation, and Siskind Susser), along with Motley Rice, reported a major victory. On the eve of class certification, U.S. Citizenship and Immigration Services agreed to refund 100 percent of the I-765 filing fees for 100,000+ Ukrainian parolees covered by IMMpact’s Volkova lawsuit. See the press release and web link for Ukrainian clients to request a refund check. For further information or updates on the lawsuit, email Greg Siskind at [email protected].

Cyrus Mehta has authored a new blog post: Who Are the Undocumented Immigrants That Would Become Targets of Trump’s Deportation Army If He Got Reelected?

Mr. Mehta and Kaitlyn Box have authored several new blog posts: Ethical Obligations of the Public Official Lawyer Who Falsely Undermines the Criminal Justice System After Trump’s Conviction, Saving the Labor Certification for the Backlogged Beneficiary Even After the Job Has Changed, The Much Neglected Schedule A, Group II Green Card Option Gets a Boost After USCIS Broadens the Sciences and Arts Definition, and To What Extent Can Walmart’s Successful Blocking of an Administrative Law Judge in the Executive Office for Immigration Review Extend to Immigration Judges?

David Isaacson, of Cyrus D. Mehta & Associates, PLLC, has authored several new blog posts: Harrow v. Department of Defense and What it Means for Immigration Cases: The 30-Day Time Limit for Filing a Petition for Review Is Still Very Important, But Probably Not Jurisdictional Anymore and Lock Up Falsely Arrested Adjustment Applicants and Teenage Shoplifters or Be Sued: the House’s “Laken Riley Act.”

Mr. Mehta and Stephen Yale-Loehr were quoted by Bloomberg News in SpaceX, Walmart Court Wins Imperil DOJ’s Immigration Bias Probes. The article noted that Justice Department efforts to prevent businesses from discriminating against work-authorized immigrants are in jeopardy after two courts sided with Walmart Inc. and SpaceX in declaring a little-known adjudication process unconstitutional. “We’re in a brave new world when it comes to anti-discrimination cases because of the Walmart and SpaceX decisions, and it’s going to take a while for this issue to get sorted out,” said Mr. Yale-Loehr. Mr. Mehta added, “I would advise my employer clients who would be facing scrutiny to definitely file a lawsuit on these lines, if they were so inclined. I think it does embolden employers.”

Greg Siskind of Siskind Susser PC was quoted by Forbes in Attorney: Biden Officials Should Protect Russian Fulbright Scholars. The article discusses the potential impact on approximately 150 Russian Fulbright scholars and recent alumni in the United States of the Russian government’s declaration that the Institute of International Education, an implementing partner for the Fulbright Program, is an “undesirable organization.” Mr. Siskind explained that if they return to Russia, “Fulbright participants are now subject to suspicion in a country that has a sorry track record for jailing people who disagree with the government.” He discussed various options for Fulbright scholars in the United States.

WR Immigration published a new blog post: My I-526E for an Investment in a Rural Project Has Been Approved in 3-4 Months—Now What?

Mr. Yale-Loehr and another professor at Cornell Law School have secured a $1.5 million grant from Bay Area humanitarian foundation Crankstart to fund Path2Papers, an innovative nonprofit that provides legal assistance to Deferred Action for Childhood Arrivals (DACA) recipients and DACA-eligible individuals. Based at Cornell Law, Path2Papers offers legal consultations and guidance to DACA-eligible San Francisco Bay-area residents and Cornell students, the Cornell Daily Sun explained. “Path2Papers’ ties to Cornell extend even further. The programs legal team is composed of five lawyers, three of whom are Cornell alumni. It will also be the focus of Cornell Law’s 1L Immigration Law and Advocacy Clinic.” Mr. Yale-Loehr said that DACA’s precarity highlights the importance of Path2Papers’ work. “The DACA program could be terminated by the courts or [a] new administration, [and] many DACA recipients don’t know if they’ll have legal residency options.” Path2Papers has already yielded results, the Daily Sun noted. “Since the program’s launch in January, over 130 DACA or DACA-eligible individuals and employers have registered for a consultation, 50 percent of whom—the Path2Papers’ team has found—are potentially eligible for a work-related visa or green card.”

Mr. Yale-Loehr authored an op-ed, Commentary: A Match Made in New York: Job Openings and Immigrants, published by the Albany, NY Times Union. The article discusses New York’s population outmigration and plethora of job openings and recommends ways to remove obstacles so immigrants can fill them.

Mr. Yale-Loehr was quoted by Univision in Biden’s New Asylum Rule Submitted for Public Comment: These are the Keys. The article (in Spanish, with English translation available) discusses a new proposed rule to allow asylum officers to consider the possible applicability of certain asylum prohibitions and legal withholding of removal during certain credible fear assessments. The measure will be “challenged in courts of law,” Mr. Yale-Loehr said, noting that it is “much more limited than previous ideas that were proposed, such as an executive action that prevents certain people from even entering the United States.” He said the prohibitions authorized during the initial credible fear evaluation stage “will be the subject of a judicial dispute.”

Mr. Yale-Loehr was quoted by Voice of America in Biden Proposal Would Target Some Migrants for Quicker Denial of Asylum. He said the Biden administration is between “a rock and a hard place” and that “the public is demanding immigration changes. The Biden administration seems damned if it tries to do anything to resolve the border crisis and damned if it doesn’t.”

Mr. Yale-Loehr was quoted by Marketplace Morning Report in Biden Administration Rule Will Give DACA Recipients Access to Federal Health Insurance for the First Time. He noted that there are about 600,000 DACA recipients living in the United States now. “The new rule estimates that about 100,000 of them are currently uninsured and can qualify for this kind of health insurance through the Affordable Care Act because of the relatively low incomes they are earning.”

Mr. Yale-Loehr was quoted by the San Francisco Chronicle in Trump Wants Local Police to Enforce Immigration Law. California Forbids It (available by subscription). The article discusses California law SB54, which restricts police officers’ ability to enforce immigration laws. During his presidency, the article explains, Mr. Trump “sought to withhold federal law enforcement grants from cities including San Francisco that had passed so-called sanctuary laws prohibiting police from aiding immigration enforcement.” San Francisco sued and won at the federal district and appellate court levels. The Biden administration ended the Trump administration’s efforts to take the case to the Supreme Court. Mr. Yale-Loehr said that if Mr. Trump were to try the same thing during a second administration, it would likely end up in litigation again. “Courts would have to make a final decision as to whether he could deny funding to those jurisdictions,” he said, noting that in general, it would be harder for Trump to deputize local police for immigration enforcement in places like California that have passed sanctuary laws.

Mr. Yale-Loehr and others have started a new Deferred Action for Childhood Arrivals (DACA) project at Cornell Law School. The nonprofit Path2Papers project, supported by a $1.5 million grant, helps DACA recipients in the San Francisco Bay area pursue work visas and other pathways to legal permanent residence. According to a press release, Path2Papers is one of the only programs in the United States “that combines experience in employer representation with expertise in evaluating employment-based immigration options for DACA recipients.”

The following ABIL members and attorneys were listed in Who’s Who Legal Corporate Immigration for 2024:

AUSTRALIA

Arnold Conway

Phillip Yip

BELGIUM

Bernard Caris

CANADA

Barbara Jo Caruso

Seth Dalfen

Avi Gomberg

Geneviève Hénault

COLOMBIA

Rodrigo Tannus Serrano

FRANCE

Karl Waheed

GERMANY

Gunther Mävers

ITALY

Marco Mazzeschi

Marco Sarracino

NETHERLANDS

Sander Groen

Jelle Kroes

Pieter Krop

Inge te Pas

SPAIN

Ana Garicano

Iñigo Sagardoy

SWITZERLAND

Nina Perch-Nielsen

TURKEY

Maria Celebi

UNITED KINGDOM

Sophie Barrett-Brown

Natasha Chell

Ilda de Sousa

Laura Devine

Elspeth Guild

Christi Hufford Jackson

Marcia Longdon

Katie Newbury

Nicolas Rollason

Francesca Sciberras

Kim Vowden

UNITED STATES

California

Allison-Claire Acker

Fausta Albi

Joseph Barnett

Diana Vellos Coker

Avi Friedman

David Fullmer

Angelo Paparelli

Kimberley Best Robidoux

Cliff Rosenthal

Bernard Wolfsdorf

Richard Yemm

Lisa Yu

Vivian Zhu (Future Leader – Partner)

Colorado

Kirby Gamblin Joseph

Florida

Ira Kurzban

John Patrick Pratt

Joel Stewart

Helena Tetzeli

Georgia

Dustin Baxter

Danielle Claffey

Charles Kuck

Illinois

Bryan Funai

Marketa Lindt

Timothy Payne

Robert White

Massachusetts

Magaly Cheng (Future Leader – Non-Partner)

Vincent Lau

Eric Lockwood (Future Leader – Non-Partner)

Michigan

Rami Fakhoury

Audrey Lustgarten

Minnesota

Loan Huynh

North Carolina

Steven Garfinkel

William Hummel

Hannah Little

Colleen Molner (Future Leader – Partner)

New York

Naveen Rahman Bhora

Hilary Fraser

Cyrus Mehta

Kristal Ozmun

Stephen Yale-Loehr

Oregon

Dagmar Butte

Pennsylvania

Elise Fialkowski

1. Ronald Klasko

Michele Madera

William Stock

Tennessee

Adam Cohen (Future Leader – Non-Partner)

Ari Sauer

Gregory Siskind

Jason Susser

Lynn Susser

Elissa Taub

Texas

Delisa Bressler

Ryan Chargois

Helene Dang

Sandra Dorsthorst

Corina Farias (Future Leader – Partner)

Charles Foster

Todd Fowler

Avalyn Castillo Langemeier

Judy Lee

Robert Loughran

John Meyer

Dorothee Mitchell (Future Leader – Partner)

José Pérez

Nestor Rosin

Virginia

Vic Goel

Youngwook (Christian) Park (Future Leader – Non-Partner)

Washington, DC

Jim Alexander

John Nahajzer

United Kingdom (practicing U.S. immigration law)

Janice Flynn

Kehrela Hodkinson

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Headlines:

1. RED FLAGS IN SOCIAL SECURITY RELATED TO IMMIGRATION: AN OVERVIEW – This article provides an update on red flags in social security related to immigration in several countries.

2. BULGARIA AND ROMANIA – The European Council has decided to include Bulgaria and Romania in the Schengen Area for maritime and air passengers, effective March 2024.

3. CANADA – The Québec Immigrant Investor Program (QIIP) was reopened on January 1, 2024.

4. ITALY – The validity of residence permits for Ukrainians under temporary protection in Italy has been extended.

5. THE NETHERLANDS – This article discusses the principle of single nationality in Dutch law and the proportionality test, and how they work in practice.

6. RUSSIA – New forms and procedures for applications and notifications have been introduced.

7. UNITED KINGDOM – There will be an imminent increase to the Immigration Health Surcharge (IHS). Also, the Home Secretary has unveiled a plan to cut net migration, among other developments.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – February 2024

1. RED FLAGS IN SOCIAL SECURITY RELATED TO IMMIGRATION: AN OVERVIEW

RED FLAGS IN SOCIAL SECURITY RELATED TO IMMIGRATION: AN OVERVIEW

This article provides an update on red flags in social security related to immigration in several countries.

Belgium

Foreign nationals who are employed in Belgium by a Belgian employer pursuant to a Belgian employment contract are subject to Belgian social security: their employer must pay social security contributions in Belgium.

Foreign nationals can also work in Belgium on secondment basis. This means that they remain employed by their employer in their home country and are temporarily sent to Belgium; the employment contract (or similar document, e.g., a signed offer letter) with the foreign employer remains applicable, and a separate secondment letter governs specific aspects of the secondment. In this scenario, the home country’s social security can remain applicable provided an official certificate from a national social security office confirms this. Three situations can be distinguished:

• Home country = European Economic Area member state (country that is part of the European Union (EU), Iceland, Liechtenstein, Norway), Switzerland, or the United Kingdom. The social security authorities of the home country can issue an A1 form, confirming that their national social security continues to apply during the Belgian secondment up to, in principle, a maximum of 24 months.
• Home country = third country with which Belgium has entered into a bilateral social security treaty (e.g., United States, Canada, Brazil, India, Japan, Korean Republic, Israel, Australia). The home country’s social security authorities can issue a “Certificate of Coverage” confirming that their national social security continues to apply during the Belgian secondment up to, in most cases, a maximum of five years.
• Home country = third country with which Belgium has not entered into a bilateral social security treaty. The foreign employer must obtain a statement from the Belgian national social security office confirming that Belgian social security does not apply during the secondment to Belgium. Based on the facts and documents presented (including a copy of the employment contract and secondment letter), the Belgian national social security office will decide whether there is still a direct relationship with the foreign employer during the secondment. A confirmation may be subject to change if, e.g., the Belgian national social security office concludes at a later stage that the employment conditions have changed.

Italy

Italy has reciprocal social security agreements with approximately 40 countries (including all EU countries, Canada, and the United States) whereby expatriates may remain under their home country’s social security scheme for a limited period. Agreements normally apply for a maximum of two years and may usually be extended for up to five years. Under the rules of the agreements, an employee of a non-EU company who is transferred to Italy for up to five years can continue to pay social security contributions abroad. For some countries, the foreign company must pay in Italy the minimum social security charges (approximately 9 percent of the salary). The foreign company must register with the Social Security Agency and provide evidence that social security contributions continue to be paid abroad during the period of assignment. For countries with which no agreement is in place, the company must pay social security contributions in Italy through a social security representative.

For more information, see https://www.inps.it/it/it/dettaglio-approfondimento.schede-informative.paesi-extra-ue-convenzionati.html (in Italian with English translation available)

Mexico

Hiring foreign talent can bring diversity and expertise to a workforce, but it also comes with specific considerations and obligations for employers in Mexico. This article summarizes red flags employers should be aware of when hiring a foreigner and the essential obligation of registering them within Mexico’s Social Security Institution (IMSS).

The employer must carefully review and verify all required documents, such as a valid work visa, passport, and academic or professional certificates. Before making a hiring decision, the employer must also verify if a foreigner has an expired or soon-to-expire work visa and take the necessary measures for the foreigner to have the document in force, because the lack of verification can result in legal consequences for the employer. For this reason, the employer must regularly check the validity of the work visa and ensure that the renewal process is initiated well in advance.

Failing to register a foreign employee with IMSS is a serious violation of labor regulations in Mexico. Employers must ensure prompt registration of the foreign worker with IMSS, provide access to health care, and comply with the legal requirements to protect both the employee and the employer.

Below is a list of red flags employers may face, and solutions to address those situations.

• Red Flag: Neglecting to provide health insurance coverage as required by Mexican law, which can lead to fines and legal issues.

Solution: Offer comprehensive health insurance that meets the standards set by IMSS, ensuring the foreign employee’s well-being and the employer’s compliance with regulations.

• Red Flag: Drafting incomplete or vague employment contracts, which may result in misunderstandings and legal disputes.

Solution: Create clear and comprehensive employment contracts, specifying terms of employment, responsibilities, compensation, and benefits, adhering to Mexican labor laws.

• Red Flag: Employers unfamiliar with Mexican labor laws and regulations, who may unintentionally violate them.

Solution: Stay informed about Mexican labor laws and regulations or consult legal experts to ensure compliance related to foreign workers, safeguarding the employer’s reputation and legal standing.

Hiring foreign talent in Mexico can be a rewarding endeavor, but meticulous attention to detail is needed to navigate the legal complexities. By recognizing red flags and fulfilling obligations such as IMSS registration, employers can foster a positive and compliant working relationship with their foreign workforce, contributing to a successful and harmonious workplace.

Türkiye

Türkiye’s immigration procedures, like most countries’, are affected by local social security requirements. Issues related to social security law, employment law, and taxes must be considered by the Turkish employer sponsoring a work permit.

When a Turkish company sponsors a work permit, it must fully consider all options for complying with social security requirements. As in many European countries, Türkiye has many social security treaties whereby social security registration and payment of premiums of the work permit holder in the treaty country may satisfy the Turkish employer’s social security obligations. So, for example, if a Spanish national is registered and their social security payments are paid in Spain by their employer there, and the foreign national is then transferred to a Türkiye-based branch of that entity, continued social security registration and payment of premiums in Spain during the assignment in Türkiye may satisfy the Turkish sponsor’s social security obligations. This requires:

1. A social security treaty between Türkiye and the country where social security registration will continue and the premiums will continue to be paid;
2. Abiding by all restrictions within that treaty (e.g., not exceeding the maximum number of years this coverage may be used);
3. Timely filing and receiving approval for a Certificate of Coverage (CoC) in the country where the premiums are paid;
4. Notifying the Turkish Social Security Institute of the above;
5. If requested, notifying the Work Permit Directorate of the above.

If there is no social security treaty between Türkiye and the country where the premiums are being paid, offsetting the sponsor’s obligations in this manner will not be possible. In such cases, the Turkish sponsor of the work permit must register and pay Turkish social security premiums on behalf of the foreigner regardless of whether the salary is to be paid in Türkiye or the home country.

Additionally, as the work permit is adjudicated by a directorate under the Ministry of Labor (MoL), any non-compliance perceived in the filing/renewal of the work permit or observed in an MoL inspection can and will be forwarded to the appropriate directorate within the MoL, such as the Social Security Institute, Employee Health and Safety, or National Health Care.

A violation of social security requirements by an employer of a work permit holder is a major reason for compliance penalties.

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2. BULGARIA AND ROMANIA

The European Council has decided to include Bulgaria and Romania in the Schengen Area for maritime and air passengers, effective March 2024.

According to reports, the European Council has unanimously approved the addition of Bulgaria and Romania to the Schengen Area for maritime and air passengers. European Council President Charles Michel said the addition was “a long-awaited step for Romanian and Bulgarian citizens to enjoy easier freedom of movement with the [prospect] of land transport to come.” Discussion of including entries via land continues into 2024.

The Schengen Area includes 26 countries. Twenty-two of those are European Union countries.

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3. CANADA

The Québec Immigrant Investor Program (QIIP) was reopened on January 1, 2024.

The QIIP is the only investment-based immigration program in Canada that does not require the foreign investor to show proof of active business management in Canada at the time of submission of the application, including proof of starting or establishing a business or hiring staff or employees in Canada.

The Québec government seeks to maintain a high level of francophone economic immigration in the Province of Québec. Proof of French language capacity on filing the application accepted by Québec Immigration are a Certificate of Test Results or Diploma for a recognized French language test such as the TEFAQ, TEF Canada, TCF, TCFQ, or DELF/DALF, confirming that the applicant has reached a B2 level or higher in oral French (speaking and listening) and/or written French (reading and writing).

At the time of submission, applicants must also demonstrate that they meet the following criteria:

• They are at least 18 years old;
• They have a high school diploma at minimum (equivalent to a secondary diploma in Québec);
• They have at least two years of management experience in the five-year period before submitting the application; and
• They have at least CAD $2,000,000 of net assets (just under USD $1,500,000), accompanied with proof that the net assets were accumulated legally.

In addition, interested applicants must sign and agree to an Investment Agreement with a Québec government-authorized financial intermediary. Once the application is approved, they must make a CAD $1,000,000 five-year investment with IQ Immigrants Investisseurs Inc. (IQII), a Québec crown corporation. The investment is guaranteed and bears no interest. Applicants also must make a non-refundable financial contribution of CAD $200,000 to the Québec government.

Once the applicants have fulfilled the financial requirements of the Québec Immigrant Investor Program, they will be directed to Immigration, Refugees and Citizenship Canada (IRCC) to apply for a three-year Canadian Work Permit. The principal applicant and their spouse, if applicable, must meet a residency requirement of at least 12 months in Québec within the first two years of being issued their Canadian Work Permits. The principal applicant must reside in Québec for a minimum of six months, while the remaining six months of residency required can be satisfied by either the principal applicant or their spouse. Once they have satisfied this residence requirement, the applicant and the spouse can then apply for a Certificat de Sélection du Québec (CSQ) from Québec and, once the CSQs are received, apply for Canadian permanent residence with IRCC.

There is no quota for the program or deadline for the submission of applications.

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4. ITALY

The validity of residence permits for Ukrainians under temporary protection in Italy has been extended.

Under Law December 30, 2023, No. 213 (Budget Law), residence permits for temporary protection issued to Ukrainian nationals fleeing from the war that expired on December 31, 2023, will remain valid until December 31, 2024.

Also under the law, temporary protection residence permits can now be converted into work residence permits.

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5. THE NETHERLANDS

This article discusses the principle of single nationality in Dutch law and the proportionality test, and how they work in practice.

One solid principle of Dutch nationality law is that dual nationality must be avoided. As a result of the Tjebbes ruling by the European Union (EU) Court of Justice, this principle is mitigated by a proportionality test for cases of automatic loss of Dutch nationality. A provision to this effect was introduced in the Netherlands Nationality Act (NNA) on April 1, 2022.

The most frequent cases of automatic loss of Dutch citizenship result from:

1. Voluntary acquisition of another nationality; or
2. Prolonged stay abroad in the possession of two (or more) nationalities.

There are exemptions. For example, acquiring a second nationality does not lead to loss of Dutch nationality if one is married to a person of the new nationality. Nevertheless, these cases occur frequently, and for many of the affected individuals, it is not so much the fact of losing Dutch nationality but rather the automatic character of the loss that strikes the most. It happens by act of law; a decision by a Dutch authority to revoke the nationality is not necessary. The victim often only finds out that they are not Dutch anymore when they try to renew their Dutch passport.

The Tjebbes Ruling

As of April 1, 2022, a new provision was included in the NNA following the Tjebbes ruling by the EU Court of Justice of March 12, 2019. Through a new subcategory of the “option procedure,” this group of persons can request to regain their Dutch citizenship. The option procedure is, next to naturalization, a way to request Dutch nationality, in particular for persons of Dutch descent and former Dutch nationals. By submitting an option request based on the new provision, a proportionality test can be requested. The test examines whether the loss of Dutch citizenship was in effect disproportionate.

This criterion was applied in the Tjebbes ruling, in which the EU Court mentioned several circumstances that may be weighed in the proportionality test, mainly related to the person’s rights of free movement and residence in the EU territory and whether these have been lost due to the loss of nationality.

Nationality law is increasingly influenced by EU law. This has softened somewhat the strictness of the Dutch law in avoiding dual nationality. Former Dutch nationals now have a formal remedy against disproportionality of the loss of their nationality.

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6. RUSSIA

New forms and procedures for applications and notifications have been introduced.

As of January 1, 2024, changes have been introduced in the forms for applications and notifications submitted to the Ministry of Internal Affairs regarding foreign employees, as well as the procedure for submitting notifications.

For electronic submissions of notifications regarding the conclusion and termination of an employment agreement, and quarterly salary notifications, either a simple electronic signature or an enhanced unqualified electronic signature should now be used (previously an enhanced qualified electronic signature was required).

New forms for the following documents must now be used:

• Notification on fulfillment by employers and customers of work (services) of obligation to pay salary (remuneration) to a foreign employee—highly qualified specialist (HQS) (quarterly salary notification);
• Notification on conclusion of an employment agreement or a civil contract with a foreign national;
• Notification on termination of an employment agreement or a civil contract with a foreign national;
• Application form for work permit issuance;
• Application form for work permit renewal;
• Application form for the issuance of a duplicate work permit;
• Application form for the work permit amendment;
• Application form of a foreign national for his involvement as an HQS.
• Notification on employment of a foreign national by an organization providing employment services for foreign citizens in Russia.

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7. UNITED KINGDOM

There will be an imminent increase to the Immigration Health Surcharge (IHS). Also, the Home Secretary has unveiled a plan to cut net migration, among other developments.

The relevant legislation to increase the IHS will come into force February 6, 2024. Below are highlights:

• The increase will apply to visa applications submitted on or after February 6, 2024.
• The IHS will increase from £624 to £1,035 per year of the visa for most adult visa applicants.
• The discounted rate (for students, Youth Mobility Scheme applicants, and those under 18) will increase from £470 to £776.

Home Secretary Plans to Cut Net Migration

In December 2023, the Home Secretary announced some significant changes to the UK immigration system. Full details are unknown, but here is a summary of selected changes:

Skilled Worker Salary Threshold Increase

The usual Skilled Worker general salary threshold will increase in spring 2024 from £26,200 to £38,700. The exact start date is unknown. To sponsor a Skilled Worker visa, in general, the employer would pay the higher of the general salary threshold, the going rate for the role, or £10.75 per hour. Health and Care Worker roles, and roles with national pay scales (such as teachers), are unaffected by this change. Also, if the employer normally pays above £38,700, these changes should not affect future Skilled Worker applications.

Only 15 of the 225 occupations currently eligible for Skilled Worker sponsorship (as shown in table 1 here) have minimum going rate salary thresholds over the new £38,700 threshold. Roles with a going rate above £38,700 include, for example, IT project and program managers; business and financial project management professionals; financial managers and directors; marketing and sales directors; legal professionals not elsewhere classified; and chief executives and senior officials.

Although employers in sectors where pay is generally higher will not feel the effects of these changes, those who operate graduate schemes should review their salary levels for their 2024 intake if this is likely to include graduates of United Kingdom (UK) universities.

Shortage Occupation List Changes

Some employers sponsor roles on the shortage occupation list. This has meant the UK Visas and Immigration (UKVI) application fee is slightly lower and the salary threshold is slightly reduced because it needs to be the higher of £20,960; 80% of the going rate for the role; or £10.75 per hour.

The government said that as of spring 2024, it will scrap the 20 percent discount on the going rate. The government has asked the Migration Advisory Committee (MAC) to review the shortage occupation list again with a view toward reducing the number of roles on the list. It is unclear whether the £20,960 threshold will increase, such as to £30,960 as above for new entrants.

Changes for Sponsoring Care Workers – No Family Members

When someone is sponsored to work in a qualifying health profession, the application will be considered for a Health and Care Worker visa, rather than Skilled Worker. This means that the Immigration Health Surcharge does not need to be paid, and there is a lower UKVI application fee.

The government said that as of spring 2024 when a care worker or senior care worker is sponsored in a Health and Care Worker application, they cannot bring any dependent family members with them to the UK. This change will be significant for care homes and other health care providers. A further change is that care providers in England will only be able to sponsor workers if they are undertaking activities regulated by the Care Quality Commission.

Graduate Visa Route to be Reviewed

The Graduate route allows someone who has completed a degree at a UK university to apply for a two-year visa (or three years if they have completed a PhD). The government has asked the MAC to review this route—potentially with a view toward restricting or even abolishing it. Aside from removing it altogether, changes could include, for example, limiting it to graduates in certain subjects (such as science, engineering, and mathematics) and/or reducing the length of the visa.

What Employers Should Do Now

Employers who regularly sponsor Skilled Workers and run graduate programs should consider:

• Reviewing existing graduate schemes for 2024 and seeing whether the salaries on offer will meet the new entrant minimum salary threshold, which could be increased to £30,960;
• For those who must delay Skilled Worker sponsorship of those joining graduate programs, considering asking prospective candidates to apply for Graduate visas when they graduate in 2024, subject to any changes to the Graduate route; and
• Reviewing overall pay scales to ensure that these are aligned with the minimum salary requirements to avoid discrimination claims from existing employees on lower salaries; and

The Home Office has published a fact sheet with more information about its plan to reduce net migration by increasing the Skilled Worker threshold and making other changes.

There have also been some other developments. The key points are as follows:

Skilled Worker Visas

The £38,700 general salary threshold to be introduced in spring 2024 will not apply to existing Skilled Worker visa holders. The fact sheet does not say anything about this, but on December 20, 2023, the Minister for Legal Migration and Delivery confirmed it in an answer to a written parliamentary question.

The going rates (minimum salaries for different occupation codes) will be increased in spring 2024 to the median salary for each occupation code. Existing Skilled Worker visa holders will be exempt from the new going rates. Their salary will need to be at or above the 25^th percentile (not the median) for the relevant occupation code when they apply to change employment, extend their stay, or settle.

Other Changes

Aside from the Home Secretary’s announcement, there have been some other developments:

Business visitor rule changes in the Autumn Statement. The Autumn Statement included a reference to simplifying and expanding the UK’s business visitor rules as of January 2024 to:

• Broaden and clarify the activities that can be undertaken in an intra-corporate setting;
• Offer wider coverage for the legal services sector; and
• Simplify arrangements for those undertaking paid engagements.

During 2024, the government will also explore whether further improvements can be made to the business visitor rules.

Illegal working fines increase start date confirmed. The government previously announced a tripling of civil penalties (fines) for employers that employ someone who does not have permission to work in the UK. This change came into force on January 22, 2024. The fine for a first breach by a UK employer has increased from £15,000 to £45,000 per worker. For repeat breaches, the fine has increased from £20,000 to £60,000 per worker.

Relaxation of Business Visitor Rules

The Home Office will relax the rules for some business visitors.  Those changes were formally announced in a statement of changes to the Immigration Rules and took effect January 31, 2024.

Expansion of the Youth Mobility Scheme

The statement of changes also includes further expansion of the Youth Mobility Scheme. Since June 29, 2023, New Zealanders applying for the Youth Mobility Scheme are eligible if they are aged 18 to 35 (it is normally 18 to 30) and can have a visa for three years (instead of the normal two-years).

As of January 31, 2024, the same rules apply for Australian and Canadian nationals. The statement of changes means that as of that date, Republic of Korea nationals also have the benefit of the expanded 18-to-35 age range, and Uruguay and Andorra are added to the list of eligible Youth Mobility Scheme countries.

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New Publications and Items of Interest

Kingsley Napley has released FAQs: The Transition to eVisas in 2024. The FAQs note that throughout 2024, the United Kingdom’s Home Office plans to transition everyone who has a physical immigration document to an online immigration status, also known as an eVisa.

Alliance of Business Immigration Lawyers:

• ABIL is available on X (formerly Twitter): @ABILImmigration
• Recent ABIL member blogs are at http://www.abilblog.com/

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ABIL Member / Firm News

Several ABIL members spoke at the Practising Law Institute’s 56^th Annual Immigration and Naturalization Institute conference on November 28-29, 2023:

• USCIS Update and Processing Trends – Practical Tips: Marketa Lindt
• Permanent Labor Certification Program (PERM) – Current Adjudication Trends: Vincent Lau, Bob White (Masada Funai).
• Ethical Issues for the Immigration Practitioner: Cyrus Mehta
• Supreme Court Update and Analysis: Immigration: Ira Kurzban (Kurzban Kurzban Tetzeli and Pratt P.A.)

Charles Foster, of Foster LLP, recently discussed federal and state immigration policies at the U.S. southern border on C-SPAN’s Washington Journal broadcast.

Fredrikson’s Immigration Group will host a discussion, New Developments and Trends in Immigration Law and Preparing for the Upcoming H-1B Lottery Season, on Thursday, February 15, 2024, at 12 p.m. CT on preparing for the upcoming H-1B lottery season and new developments and trends in business immigration. Presenters will discuss FY 2025 H-1B cap season preparation, the status of proposed immigration legislation and regulations, and agency processing and adjudication updates.

Klasko Immigration Law Partners, LLP, has published a new blog post: USCIS to Launch Organizational Accounts Mid-February.

Klasko Immigration Law Partners announced new leadership changes at the firm. Starting January 1, 2024, the following leadership positions will be effective:

• Ronald Klasko, Chairman. Mr. Klasko will continue to concentrate on the firm’s strategic growth and vision.
• William (Bill) Stock, Managing Partner. Mr. Stock will continue to enhance the firm’s operations across all office locations.
• Elise Fialkowski, Corporate Team Co-Chair
• Michele Madera, Corporate Team Co-Chair. Together, Ms. Fialkowski and Ms. Madera will lead the Corporate Immigration Practice, strengthening existing client relationships and offerings for new clients.
• Timothy (Tim) D’Arduini, Partner-In-Charge of DC Office. D’Arduini will lead the opening of the firm’s new office and expand its footprint into the D.C. metro area.

Charles Kuck was quoted by the Atlanta Journal-Constitution in Border Politics Are Worse for Joe Biden Than Anyone Else. He discussed the reasons Biden was willing to work with Republicans on immigration and said the bill they crafted over the last four months could have made a meaningful difference: “There’s a deterrence that comes from declaring an emergency, limiting the applications at ports of entry, and automatically deporting everybody else who is not at a port of entry. What’s missing now is the deterrence factor.”

Mr. Kuck was quoted by the EB-5 Investors blog in How EB-5 Investors Must Prepare for Rejection in Their Application Process. He said, “The reality is that cases are denied and/or rejected for various reasons and no lawyer can guarantee success on a case. This is especially true as it relates to the source of funds (the main reasons [EB-5 investor] cases are denied).” Noting that failing to prove the legality of the EB-5 capital and project-related failures are the main reasons why USCIS rejects I-526 filings, Mr. Kuck said, “The most common reasons you will see is either a source of funds issue or a project filing that was incomplete or did not have the proper supporting documents such as permits, capital stack explanations, etc.” He said that a rejected I-526 “can be refiled but will put you back at the end of the line, but a rejected I-526 with a rejected I-485 will cost you your status and your work authorization. There is no appeal to a court of a rejected I-526, at least not one that will be resolved quickly. Do everything you possibly can to make sure you can trace the legality of the money you are investing.” Mr. Kuck also recommends that his clients “document every aspect of the case and check in with your attorney every six months after entry as a conditional permanent resident to make sure you are on track for a successful removal of conditions.”

Mr. Kuck joined the Politically Georgia radio show to discuss border and immigration legislation being debated, including the Senate bill and other political issues.

Cyrus Mehta has authored a new blog post: CSPA Disharmony: USCIS Allows Child’s Age To Be Protected Under the Date for Filing While DOS Allows Child’s Age To Be Protected Under the Final Action Date.

Mr. Mehta and Kaitlyn Box have co-authored several new blog posts: USCIS Policy Manual Recognizes Dual Intent for Foreign Students as Expressed in Matter of Hosseinpour and Personal Conflicts of Interest Arising Out of the Israel-Hamas War and Musings on Brand X As a Force for Good Ahead of the Supreme Court Ruling on Chevron Deference.

Cyrus Mehta and Jessica Paszko co-authored several new blog posts: 2023 In Perspective From The Insightful Immigration Blog and Scripps v. Jaddou Offers Nuanced Interpretation of Final Merits Determination in Reversal of EB-1B Denial for Outstanding Researcher.

Angelo Paparelli has authored a new blog post: Worrisome Waiting: How Will USCIS “Modernize” the
H-1B Visa Program?

Siskind Susser, P.C., announced that “Gen,” a generative artificial intelligence project on which colleagues at the firm have been working, is launching on January 16, 2024. A collaboration between Visalaw.ai and the American Immigration Lawyers Association, Gen is powered by OpenAI’s GPT4 large language model. According to Siskind Susser, it has 100,000+ pages of immigration law documents, treatises, and data sets and can answer most immigration law questions, and provide citations and links to the documents it uses to create the answers. Unlike ChatGPT, the answers are derived only from Siskind Susser’s law library, and lawyers can check the original source material to ensure the accuracy of the answers provided. Gen also allows lawyers to upload their own documents. Aside from answering questions, Gen will draft petition letters, memos, RFE responses, checklists, questionnaire forms, and many other kinds of documents. It also can summarize and translate documents. To join the waiting list for Gen, go to www.visalaw.ai.

Siskind Susser, P.C., announced that Jason Susser was promoted to Partner. Siskind Susser said that Mr. Susser is a leader in managing immigration matters for founders of technology startup companies. He authored the book, “Immigration for Startups: A Guide for Founders,” and is an immigration advisor to several of the country’s top business schools and startup accelerators. He has become a “go-to immigration lawyer for entrepreneurs in Silicon Valley.” Mr. Susser is also an entrepreneur and is a founder of Visalaw Ventures, a technology company spun off from Siskind Susser.

WR Immigration has posted several new blog entries: USCIS Increases H-1B Premium Processing Fee to $2,805, Alongside Fee Increases for Other Case Types; What Happened With the Form I-9? End-of-Year Recap; and Department of State Announces H-1B Visa Renewal Pilot Program in the U.S.

WR Immigration presented Chatting with Charlie: January 2024 Visa Bulletin Update on December 19, 2023. ET. The webinar provided a sneak peek of what’s in store for 2024 with an evaluation of the January 2024 Visa Bulletin.

Stephen Yale-Loehr was quoted by the Economist in America’s Immigration Policies Are Failing: A New Surge of Migration is Straining a Broken System and Might Cost Joe Biden the Election (available by subscription). The article notes that the immense wait for a court hearing, low chance of detention, and the prospect of work in the United States encourage migrants with a weak claim to cross the border and claim asylum. Prioritizing the most recent arrivals’ cases would reduce this incentive, Mr. Yale-Loehr said.

Mr. Yale-Loehr was quoted by the Boston Globe in Biden Has Been Giving Millions of Migrants False Hope; Desperate People Have Been Allowed Into the Country While They Apply for the Right to Stay, But Such Permission is Very Difficult to Obtain. He said that many migrants may “lose [their case for] asylum, either because they don’t have an attorney to represent them or they don’t have a strong case on the merits.” Coming from countries with difficult political circumstances isn’t enough to support an asylum claim, the article notes—asylum is granted based on persecution due to race, religion, nationality, membership in a particular social group, or political opinion. “It’s very hard to show that the persecution is well-founded based on one of those five characteristics,” he explained. In the meantime, the article suggests, a large number of migrants live in uncertainty. “That’s bad for our legal system, it’s bad for our economy, and it’s also bad for the migrants themselves,” Mr. Yale-Loehr said. The article also quotes from a recent paper Mr. Yale-Loehr co-authored that calls for expanding other legal pathways to the United States for migrants beyond asylum. “We cannot cut off all avenues to asylum, but we also cannot continue to accept applications from all who arrive, especially those with highly unlikely claims,” the paper says. Mr. Yale-Loehr’s white paper, Immigration Reform: A Path Forward, was featured in an eCornell podcast discussion, Three Ways to Reform Immigration Now.

Mr. Yale-Loehr was quoted by the Chronicle of Higher Education in Why a Court Challenge to an Obscure Fisheries Regulation Could Upend Student Visa Policy (available by registration). The article discusses a pending Supreme Court case that may have implications for international students and institutions of higher education. He said, “Colleges and universities may think cases involving fisheries regulation have nothing to do with them, but what the Court decides will affect them one way or another.” He said the Supreme Court’s decision could have an impact on international-student policy in several ways: it could put any current legal challenges on hold until the fisheries cases are decided; it could change the federal government’s approach to rulemaking in progress, such as updates to the skilled worker visa program that affect both international students and foreign workers hired by colleges and universities; and if a new standard were applied retroactively, that would allow past policy disputes, like those affecting optional practical training, to be revisited in the courts.

Mr. Yale-Loehr was quoted by the New York Times in Lawyer and Son Ensnared Hundreds of Immigrants in Fraud Scheme (available by subscription). The article discusses a case in which, according to prosecutors, a lawyer and his son advised clients seeking green cards to sign petitions under the Violence Against Women Act (VAWA), which enables undocumented immigrants who are victims of abuse to gain lawful permanent residence in the United States. Mr. Yale-Loehr said he had never heard of someone using VAWA to conduct immigration fraud, but such fraud can be hard to root out. “If it sounds too good to be true, it probably is. If someone says, ‘I can guarantee you a green card if you just sign here,’ that’s a sure sign that something is funny.”

Mr. Yale-Loehr was quoted by CBS News in Biden Administration Has Admitted More Than 1 Million Migrants Into U.S. Under Parole Policy Congress is Considering Restricting. If Congress restricts parole, it would curtail a key presidential power, he said. “Every administration, Republican and Democratic, has used parole because in an emergency, like the Mariel boatlift or the Hungarian Revolution, you want to have something that allows you to bring in large groups of people to get them out of harm’s way. Every administration wants to have maximum flexibility and anything that the Republicans do to require restrictions on parole will hamper any future administration.”

Mr. Yale-Loehr was quoted by the Daily Caller in Biden And Abbott Have Set the Stage for One of the Biggest State-Versus-Feds Immigration Fights in More Than a Decade. The article discusses Texas’s challenge to the role historically played by the federal government in immigration law enforcement and a related complaint filed by the Biden administration in the Supreme Court accusing Texas of overstepping its authority with anti-immigration measures. The Supreme Court previously ruled in favor of the federal government in an Arizona case, but it’s not clear whether the same will be true in the Texas case. “The question is now that we’ve got three different justices on the Supreme Court than were on the court on the Arizona case, will the current Supreme Court rule the same way? I suspect that Texas is hoping that with more conservative justices on the Supreme Court now, they might be able to come out with a different result than Arizona,” Mr. Yale-Loehr said.

Mr. Yale-Loehr announced a webinar, Immigration Slavery in America: A True Story of Forced Labor and Liberation, to be held Tuesday, February 6, 2024, at 2 p.m. ET. Mr. Yale-Loehr will moderate a discussion with author Saket Soni and panelists about Mr. Soni’s book, The Great Escape. The book tells the story of a group of immigrants trapped in the largest human trafficking scheme in modern U.S. history. The webinar is co-sponsored by the Cornell Migrations Initiative and Cornell Law School’s Migration and Human Rights Program.

Mr. Yale-Loehr co-authored Is Chevron Dead? Thoughts After Oral Arguments in Relentless, Inc. and Loper Bright Enterprises, published by Think Immigration.

Stephen Yale-Loehr was quoted by PolitiFact in Ask PolitiFact: What Branch of Government is ‘Really’ Responsible for the crisis at the border? He said, “Each of the three branches of government has a role to play in immigration law and policy, and each has failed. The result: a quagmire, where nothing gets resolved and matters get worse every day. Every branch of government is to blame.” For example, the courts have ruled both with and against the executive branch under both Republican and Democratic administrations, Mr. Yale-Loehr said. “Thus, people don’t know how courts will rule, which reduces predictability. Moreover, litigation takes time, and is not a good way to manage immigration law and policy.” https://www.politifact.com/article/2024/jan/17/ask-politifact-what-branch-of-government-is-really/

Mr. Yale-Loehr was quoted by the Austin American-Statesman in Texas Democrats in Congress Say SB4 is Unconstitutional. Here’s What They’re Doing About It [available by subscription]. “They did it in Arizona,” Mr. Yale-Loehr said, referring to a 2012 Supreme Court case in which the Obama administration challenged a similar Arizona law. “[The Arizona law] was unconstitutional. It violated the federal government’s obligation to control immigration.”

Mr. Yale-Loehr was quoted by Newsday in Migrant Crisis: Politics Diminishes Likely Resolution, Analysts Say [available by subscription].

Mr. Yale-Loehr was quoted by Agence France-Presse in The Photo Intended to Prove That [Ukrainian President Volodymyr] Zelensky Received American Citizenship is a Digitally Forged Document (in Polish, with English translation available). He said, “A real naturalization certificate contains the person’s signature next to their photo. The certificate in the photo does not contain this. The alleged certificate also does not contain Zelensky’s signature at the top, but it should.” Mr. Yale-Loehr also noted that obtaining U.S. citizenship is a long process: “No person can simply obtain a certificate of naturalization. He must first go through the green card process, which means he must qualify for a green card based on asylum or sponsorship by an employer or close family member. This can take years. Even after receiving a green card, he has to wait 3-5 years before he can apply for naturalization.” In addition, Mr. Yale-Loehr said, he must have been physically present in the United States for at least three months immediately before applying for naturalization. “Zelensky did not meet these requirements,” he noted.

Mr. Yale-Loehr co-authored an op-ed in the Seattle Times, Outdated Green Card Laws Hurt Workers From India.

Mr. Yale-Loehr’s white paper, Immigration Reform: A Path Forward, was featured in an eCornell podcast discussion, Three Ways to Reform Immigration Now. A new podcast by the Bipartisan Policy Center also featured discussion of the white paper. Mr. Yale-Loehr and his co-authors discussed their ideas for reforms to border management and asylum policy, worker visa programs, and DREAMer protections. While large, comprehensive immigration reform is unlikely to move forward in Congress soon, certain targeted reforms are both urgently needed and potentially achievable, they say.

Mr. Yale-Loehr was quoted by Bloomberg Law in Biden’s Immigration Agenda Faces Uncertain Fate in U.S. Courts. He said, “Federal courts are becoming the arbiters of immigration policy. That makes it very difficult for any administration to manage immigration because no matter what they try to do administratively, someone will sue them in federal court.”

Mr. Yale-Loehr was quoted by NY1.com in U.S. Senators Search for Border Policy Deal, as Experts Downplay Potential Short-Term Impact on NY’s Migrant Influx. He warned that detaining and quickly expelling migrants before asylum screenings would not solve the influx problem for cities like New York, which is grappling with a surge of migrants. “Probably not, because the crisis is larger than any one piece of legislation.” Mr. Yale-Loehr likened the proposed policy changes in Congress to a bandage over a gaping wound and said broader reforms are needed. He suggested that Congress consider ideas like making more work visas available. “We need to have a balanced approach. Yes, we need to have deterrence so that only those people who deserve to be in the United States can come. But we also need to find more legal pathways for people to enter legally in the United States, so that they are not tempted to enter illegally,” he said.

Mr. Yale-Loehr was quoted by CBS News in Texas Immigration Law Known as SB4, Allowing State to Arrest Migrants, Signed by Gov. Greg Abbott. He called SB4 “unprecedented,” noting that the Texas law is more sweeping in nature than SB 1070, a controversial 2010 Arizona law that penalized unauthorized immigrants in various ways, including by empowering state police to stop those believed to be in the country unlawfully. The U.S. Supreme Court partially struck down that Arizona law in 2012, concluding that states could not undermine federal immigration law. “It’s by far the most anti-immigrant bill that I have seen,” Mr. Yale-Loehr said of SB4.

Mr. Yale-Loehr was quoted by the Cornell Chronicle in Research Team Led by Dr. Gunisha Kaur Wins 2023 National Academy of Medicine Catalyst Prize. The article discusses Dr. Kaur’s winning research project, Digital Solutions to Reduce Maternal Morbidity and Mortality in Refugee Women, which aims to clinically train and validate a digital refugee health system. Dr. Kaur collaborated with Mr. Yale-Loehr and another professor on the project. “Many refugees and asylum seekers worry that if they seek medical help while pregnant, they might be deported,” Mr. Yale-Loehr said. “This new research builds on prior work Dr. Kaur and I did dispelling that concern. Our website Rights4Health informs immigrants about their eligibility for public benefits.”

Mr. Yale-Loehr was quoted by PolitiFact in Ask PolitiFact: Can Joe Biden ‘Shut Down the Border’ on His Own? “Closing the border arguably would violate” domestic and international asylum laws,” he said.

Mr. Yale-Loehr was quoted by the Los Angeles Times in A Decade-Old Scalia Dissent Is Now Driving the Texas-Biden Dispute Over Illegal Immigration. Referring to new Texas law SB4, which the article notes “would authorize Texas police and state judges to arrest, detain and deport migrants who are suspected of crossing the border illegally,” Mr. Yale-Loehr said, “This is a frontal assault on the federal primacy in immigration enforcement, and it’s definitely going to the Supreme Court.”

Mr. Yale-Loehr was quoted by the Chicago Tribune in No Help: The Federal Immigration Deal Won’t Fix the Migrant Crisis in Chicago—and It’s Unlikely to Pass Congress Anyway. “When migrants enter the United States at the border, they have ‘credible fear interviews’ lasting up to 10 to 20 minutes with immigration authorities,” he said. Mr. Yale-Loehr also noted that proposed legislation recommends raising the bar for asylum eligibility, which means there could be more expedited removals after migrants’ credible fear interviews. “That may reduce the number of asylum-seekers in Chicago because they’re deemed not even to be eligible to apply for asylum at the border.”. He also noted that migrants don’t often understand nuanced changes in immigration policy: “People who are fleeing likely don’t read the New York Times. They are going to come no matter what the law is or how Congress changes.”

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Headlines:

1. DIGITAL NOMADS: AN OVERVIEW – Where are we now? This article provides an update on digital nomads in several countries.

2. INDIA – In a developing and increasingly complex story, Canada’s Prime Minister has accused India’s government of involvement in the murder of a Sikh separatist leader in Canada. This has precipitated counter-moves by India.

3. ITALY – The Italian government has announced the number of foreign workers allowed in Italy for 2023-2025 and application periods for work permit applications. Also, non-European Union (EU) workers who have already worked abroad for Italian companies or companies participated in by Italian firms can obtain a work permit that will not be subject to yearly quotas.

4. UNITED KINGDOM – The government of the United Kingdom (UK) is implementing a full-scale digitalization project and seeks to enhance the efficiency of immigration procedures by harnessing advanced technology. Also, fines for employing someone unauthorized to work in the UK will increase next year.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – October 2023

Details:

1. DIGITAL NOMADS: AN OVERVIEW

ITALY

On March 28, 2022, Italy introduced in its law a visa for digital nomads and remote workers.

The law provides that the requirements and conditions for the issuance of these visas should have been established with a further decree that was to be issued within 30 days, i.e., by the end of April 2022, but until now no further actions have been taken and the program is on hold.

Digital nomads and remote workers are defined as “citizens of a third country who carry out highly qualified work activities through the use of technological tools that allow [them] to work remotely, autonomously, or for a company based outside Italy.” (See under Art. 6-quinquies (b) in Modificazioni apportate in sede di conversion al decreto-legge 27 gennaio 2022, n. 4.)

For these categories of workers, it is not necessary to apply for a work permit before applying for the visa. However, to be issued the visa, applicants must show proof of valid and comprehensive health insurance, covering all risks in Italy, and be committed to respecting all relevant tax and security obligations in Italy.

This permit seems applicable to both:

• Nationals of a third country who are self-employed or employed for a non-resident company in the territory of the Italian State; and
• Nationals of a third country who carry out their activities in Italy.

The new law has only established some general principles. Digital nomads:

• Do not need to apply for a work permit in Italy before applying for the visa at the consulate; but
• Must submit proof of comprehensive health insurance, covering all risks in Italy;
• Most likely must prove they have performed the work for a significant amount of time, prove they meet a minimum income requirement, and submit (as requested for self-employment visas) their latest tax returns; and
• Must comply with Italian tax and social security obligations.

Similar to the self-employment visa, almost total discretion on the issuance of the visas is left to Italian consulates. This will most likely create confusion, because each consulate may use different criteria to assess an application and grant or deny the visa.

MEXICO

Mexico currently does not have a specific “nomad visa” program. However, even before the COVID-19 pandemic, and currently, Mexico offers several types of visas that may be suitable for digital nomads or remote workers.

The temporary resident visa for non-lucrative activities is a perfect and suitable document for those foreigners who want to live in Mexico for up to four years continue working for their employer company located abroad. To obtain this visa, the applicant must provide proof of sufficient financial means to support themselves during their stay in Mexico.

A non-lucrative visa for Mexico is a type of visa that allows individuals to reside in Mexico for a period without engaging in any type of remunerative activity. This visa is intended for individuals who want to live in Mexico for an extended period for reasons such as retirement, remote work, or sabbatical, or to simply experience the culture and lifestyle of Mexico.

SPAIN

Aided by regulations promoting the start-up ecosystem, Spanish immigration authorities have been processing visas and residence permits related to international remote work since the Start-Up Act was implemented in late 2022.

A visa and residence permit for international remote workers regulated through the Start-Up Act allows holders to stay in Spain while carrying out work or professional activity remotely for companies located outside the national territory. Visas are processed through Spanish consulates and granted for a period of up to one year, while residence permits are processed in-country and can be granted for a period of up to three years.

In general, to qualify for this visa or residence permit, applicants must: (1) work for a company located outside Spain (with some exceptions for individuals who are self-employed); (2) work using exclusively computer, telematics and telecommunication media and systems; and (3) hold a university degree or have a minimum of three years of relevant experience in their field.

Such a permit-holder exercising an employment activity may only work for companies located outside the national territory. A permit-holder who is self-employed may undertake professional activity for a company located in Spain provided that the percentage of such work does not exceed 20% of the total professional activity.

Dependents of holders of a visa or residence permit for international remote work may obtain residence permits as dependents and be eligible to work in Spain.

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2. INDIA

Justin Trudeau, Canada’s Prime Minister, said the Canadian government had evidence that India’s government was involved in the murder of Hardeep Singh Nijjar, a Sikh separatist leader in Canada.

As a result, India has suspended visa services for Canadians until further notice, citing security reasons, and asked Canada to reduce its diplomatic presence in India. This involves about 40 diplomatic staff. The visa services suspension affects all Canadian nationals without valid visas, including students, tourists, and business visitors. The suspension also applies to Canadians in third countries who wish to apply for an Indian visa, and includes the Indian E-visa. The suspension does not apply to Canadian citizens who hold an Overseas Citizen of India card.

Canada, for its part, has not suspended visas for Indian nationals but said that it would “adjust” its diplomatic staffing in India after security-related threats.

On September 20, 2023, the government of India’s Ministry of External Affairs issued an advisory for Indian nationals and students in Canada. The advisory counsels “utmost caution” for all Indian nationals in Canada or contemplating travel there. It also notes that Indian nationals and students from India in Canada must “register with the High Commission of India in Ottawa or Consulates General of India in Toronto and Vancouver through their respective websites, or the MADAD portal madad.gov.in. Registration would enable the High Commission and the Consulates General to better connect with Indian citizens in Canada in the event of any emergency or untoward incident.”

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3. ITALY

The Italian government has announced the number of foreign workers allowed in Italy for 2023-2025 and application periods for work permit applications. Also, non-European Union (EU) workers who have already worked abroad for Italian companies or companies participated in by Italian firms can obtain a work permit that will not be subject to yearly quotas.

Foreign Workers

The Italian government has announced a cap of 450,000 on the number of workers from outside the European Economic Area (EEA) allowed in Italy for 2023–2025. The decree, dated September 27, 2023, was published in the Official Gazette on October 3, 2023. For the year 2023, 136,000 quotas are available.

Applications for subordinate permit applications for subordinate work reserved to citizens of countries that have cooperation agreements with Italy can be submitted starting at 9 a.m. December 2, 2023. Other subordinate permit applications can be submitted starting at 9 a.m. December 4, 2023, while seasonal work permit applications can be submitted starting at 9 a.m. December 12, 2023.

Quota Categories

The 136,000 quotas will be allocated among the following categories:

• 82,550 for Seasonal Work in the sector of agriculture; hospitality and tourism industry reserved for certain nationalities
• 53,450 (of which 52,770 are for subordinate work—work as an employee—and 680 are for self-employment)

• In the sectors of freight transportation on behalf of third parties, building, hospitality and tourism, mechanics, telecommunications, food, shipbuilding, transportation of passengers by bus, fishing, hairdressing, electricians, and plumbers:

• 2,000 for citizens of countries that promote media campaigns regarding the risks of involvement in irregular migration
• 25,000 for the following nationalities: Albania, Algeria, Bangladesh, Bosnia-Herzegovina, South Korea, Ivory Coast, Egypt, El Salvador, Ethiopia, Philippines Gambia, Georgia, Ghana, Jordan, Japan, Guatemala, India, Kyrgyzstan, Kosovo, Mali, Morocco, Mauritius, Moldova, Montenegro, Niger, Nigeria, Pakistan, Peru, Republic of North Macedonia, Senegal, Serbia, Sri Lanka, Sudan, Tunisia, and Ukraine
• 12,000 for citizens of countries with which Italy will have cooperation agreements
• 100 quotas (employee/self-employee) for employed or self-employed work, reserved for foreign nationals who have Italian ancestry and reside in Venezuela
• 200 quotas (employee/self-employee) for employed or self-employed work, reserved for stateless persons and refugees

• 9,500 quotas for workers in family care and support services
• 500 quotas for self-employment for:

• Entrepreneurs intending to implement an investment plan of interest for the Italian economy, involving an investment of at least €500,000 and creating at least three new jobs in Italy
• Freelancers/independent contractors who intend to practice regulated or controlled professions (i.e., individuals belonging to a professional association or enrolled in an official/public register) or professions that are not non-regulated but are considered representative at the national level and are included in the lists edited by the Public Administration
• Holders of corporate offices or administrative/controlling positions (any of the following: Chairman, CEO, Member of Board of Directors, Auditor) in an Italian company, active for at least three years (requirements set in Visa Decree May 11, 2011 n.850)
• Foreign citizens who intend to set up innovative start-up companies under certain conditions and who will have a self-employment relationship with the start-up
• Internationally well-known and highest-repute artists, artists of recognized high professional qualification or artists who are hired by well-known Italian theaters, important public institutions, public television, or well-known national private television (requirements set in Visa Decree May 11, 2011 n.850)

• Permit conversion for non-European Union (EU) nationals already in Italy/EU

• 4,000 quotas for conversions of seasonal work permits to standard, non-seasonal work permits (as an employee).

Work Permits

Article 27 of Italian immigration law, which lists the exceptions to the quota system, has been modified to include this new category of workers. According to this amendment, workers who meet the specified requirements can be employed in Italy by the same companies or entities for which they have worked abroad without having to compete for a “quota” set by the decreto flussi (flow decree), which sets the numerical limits (quotas) for foreign workers entering the country. This measure aims to simplify the entry and employment of foreign workers who already have a work connection with Italian companies.

A new subparagraph (i-bis) is to be introduced to paragraph 1 of Article 27. According to this, workers who have been employed for at least 12 months within the 48 months preceding the application, by companies headquartered in Italy or companies participated in by Italian firms, can be employed at the locations of the same companies or entities in Italy.

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4. UNITED KINGDOM

The government of the United Kingdom (UK) is implementing a full-scale digitalization project and seeks to enhance the efficiency of immigration procedures by harnessing advanced technology. Also, fines for employing someone unauthorized to work in the UK will increase next year.

Digitalization and Immigration-Related Technology

Technological developments in the UK are intended to expedite the submission and processing of visa applications and other immigration-related paperwork and modernize border operations by automating digital border processes. This initiative aims to enable Border Force and UK Visas and Immigration personnel to streamline current workflows, concentrating their resources on application categories that demand more time and effort due to their intricate legal aspects. The digital transformation of the UK immigration system is intended to bring the border management system and broader government in line with the demands of the 21st century.

Transition to Digital Immigration Status

By late 2024, the UK government intends to fully transition to a digital system for managing immigration status. This will enable individuals to apply for and verify their immigration status and cross borders without the need for physical travel vignettes or Biometric Residence Permits (BRPs). Some migrants have already begun receiving digital status as the default option. All BRPs are set to expire by December 31, 2024, in anticipation of these forthcoming changes.

Electronic Travel Authorisation Scheme

In March 2023, the government introduced the Electronic Travel Authorisation (ETA) scheme. Under this program, travelers from countries currently exempt from the requirement to apply for prior UK visa clearance before visiting the UK must obtain an ETA before their journey. The primary goals of the ETA scheme are to enhance border security in the UK and streamline the travel process. The ETA scheme will be slowly introduced, first with selected Middle Eastern nationals. Beginning November 15, 2023, Qatar nationals traveling to the UK will require an ETA. Nationals of the following countries traveling to the UK will need an ETA beginning February 22, 2024:

• Bahrain
• Jordan
• Kuwait
• Oman
• Saudi Arabia
• United Arab Emirates

More countries on the non-visa national list (those countries whose nationals do not require prior UK visa clearance before visiting the UK) will be added to the ETA scheme, with the aim for it to be fully in place by the end of 2024 for all relevant non-visa nationals traveling to the UK. As details of the ETA are still to be finalized for non-Gulf countries, multinational corporations with frequent business travel should stay vigilant for updates and make necessary preparations for its implementation.

Sponsorship System Reforms

In response to calls for a simplified sponsorship system following Brexit, the Home Office unveiled a sponsorship roadmap in August 2021. This roadmap outlines proposed changes to the current process of hiring foreign nationals to make it more straightforward and efficient. The plan includes:

• Various IT improvements;
• Enhancements in customer service;
• Modifications to compliance procedures; and
• Strategies for engaging stakeholders.

These reforms aim to create a more user-friendly system that reduces the time required to sponsor a migrant worker. The IT transformation will be implemented in three phases, with the Home Office anticipating full operational capability by Q1 2024. All sponsors are expected to transition to the new system by this deadline.

Online Verification of Right to Work and Rent

As of April 2022, employers and landlords are now legally obligated to conduct online checks to verify an individual’s right to work and rent status for most migrants. With limited exceptions, manual right-to-work verification for these individuals is no longer permitted. The Home Office has also introduced a digital service allowing British and Irish nationals to confirm their right to work and rent status online. Employers and landlords can opt to use an Identity Service Provider (IDSP) for these checks. However, manual checks of physical identity documents are still permitted for British and Irish nationals.

Employer Fines Increasing Next Year

The UK government announced that employer fines (also known as civil penalties) for employing someone without permission to work in the UK will increase next year. Below are some details:

• Tripling of fines. The fine for a first breach by a UK employer will increase from £15,000 to £45,000 per worker. For repeat breaches, the fine will increase from £20,000 to £60,000 per worker.
• Increased need for compliance. Full compliance with right-to-work checks is already a necessity for all staff working in the UK. These increased fees add an extra incentive for employers to ensure they have the correct prevention measures in place, including in relation to right-to-work checks and, for those sponsoring workers from overseas, sponsor license compliance.
• More Home Office vigilance possible. The government announcement noted that later this year, “the Home Office will consult on options to strengthen action against licensed businesses who are employing illegal workers.” It is unclear what that will entail. It might, for example, mean that more compliance visits are made or increased information-sharing occurs between government departments. Stay tuned.

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5. New Publications and Items of Interest

Alliance of Business Immigration Lawyers:

• ABIL is available on X (formerly Twitter): @ABILImmigration
• Recent ABIL member blogs are at http://www.abilblog.com/

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ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, has published a new blog post: Canada’s Tech Talent Strategy: A Creative Option for U.S. Employers?

Cyrus Mehta authored several new blog posts: Shaping Immigration Policy Through EADs; Although the October 2023 Visa Bulletin is Disappointing, the Administration Still Has the Option to Advance the Dates for Filing in the Next Visa Bulletin; and To What Extent Can Immigration Practitioners Ethically Rely on ChatGPT to Aid Their Practice?

Mr. Mehta and Kaitlyn Box co-authored several new blog posts: Shaping Immigration Policy Through EADs, NYC Should Welcome Migrants Rather Than Have a Mayor Who Disparages Them, and USCIS Updates Policy Guidance on CSPA ‘Sought to Acquire’ After Using Filing Date to Protect Age of the Child.

Mr. Mehta and Jessica Paszko co-authored several new blog posts: ICE Imposes Guardrails On Use of Red Notices Against Noncitizens in Removal Proceedings and Changes in Work From Home Policies After Labor Certification Has Been Filed.

Mr. Mehta was quoted in the Times of India on India’s visa suspension for Canadians: India’s Visa Suspension Will Have Limited Impact on Biz.

Angelo Paparelli was quoted by Law 360 in “Immigration Attys Soothe Client Fears Amid Shutdown Threat” (available with registration). Under a shutdown, Mr. Paparelli noted, the Department of Labor would stop processing labor certifications for temporary and seasonal workers through the H-2A and H-2B visa programs. Those certification decisions tend to be accelerated because of the temporary nature of the programs, so a shutdown would put at risk the ability of those programs to function as intended, he said. That would hurt agricultural employers in particular, who rely heavily on the H-2A program for farmworkers, as well as other employers who rely on H-2B workers for seasonal work. “The whole process is sort of like … a train with different cars on it. And if one of the early cars starts to buckle, it derails the rest of the system,” Mr. Paparelli said. “I am not Blanche DuBois and I don’t like to rely on the kindness of strangers,” he said, referring to the fictional character in “A Streetcar Named Desire” and her final line in the 1947 play. “And so I basically would recommend people filing as early as they can.”

WR Immigration has published a new installment in its “Chatting with Charlie” series. WR Immigration Director of Visa Consulting Charlie Oppenheim, Partners Dan Maranci and Kimberley Best Robidoux, and Senior Attorney Laura Bloniarz discuss the latest insights on the October Visa Bulletin and fiscal year 2024 visa availability, and provide information regarding the new I-9 process.

WR Immigration has published a new blog post: USCIS Policy Updates on CSPA Age Calculation & ‘Sought to Acquire’ Requirement under CSPA on Adjustment of Status Cases—Confusion and Heartbreak for Consular Processing Applicants.

WR Immigration Associate Kristen Tully has been selected by Super Lawyers as a 2023 Massachusetts Rising Star.

Stephen Yale-Loehr co-authored an op-ed in The Hill, Blue States’ Plans for Migrant Workers Can Include or Exclude Biden.

Mr. Yale-Loehr was quoted in the New York Times in Help! I Was Denied Boarding on a Cruise, and I Wasn’t the Only One. Mr. Yale-Loehr said, “Even a green card holder is not guaranteed re-entry into the United States. If there’s nothing in the person’s immigration history to indicate that they are inadmissible for other reasons, then they should be allowed on the cruise ship.”

Mr. Yale-Loehr was interviewed in a podcast about the New York migrant surge. Mr. Yale-Loehr discussed how local and federal leaders can work to manage the New York migrant surge and support individuals seeking refuge in the United States. He also discussed changes in migrant demographics, immigration statuses, complications of the U.S. immigration system, legal protections for migrants, labor shortages and work training programs, and funding for resources to address the migrant surge.

Mr. Yale-Loehr was quoted by Newsday in Venezuelan Migrants, Once Granted Federal TPS Protection, Could Seek Shelter on Long Island, in Other Counties. He noted that those with TPS can receive some public benefits but not others.

Mr. Yale-Loehr was quoted in the Christian Science Monitor in New York’s Immigrant Spirit Tested by Influx of Asylum-Seekers.

Mr. Yale-Loehr was quoted in the Gothamist about work permits for Venezuelans in the United States: Next Step for Venezuelan Migrants in NYC: Navigating the Bureaucracy.

Mr. Yale-Loehr was quoted in the New York Times in New York Considers State Work Permits for Migrants as Influx Worsens.

Mr. Yale-Loehr was quoted in the New York Daily News in =NY looking at ‘unprecedented’ plan to give migrants state work permits, Hochul says.

Mr. Yale-Loehr was quoted in a Financial Times podcast about a prominent Russian banker who received asylum in the United States: The Russian Banker, Part 3: Asylum.

Mr. Yale-Loehr was quoted in a Politifact article about critics of U.S. President Biden’s immigration policies: Who is responsible for helping migrants in Chicago and New York City? Leaders say Biden can do more?

Mr. Yale-Loehr was quoted in a Raw Story article about a federal judge declaring DACA illegal: ‘Dreamers’ deferred: Democrats are blowing the immigration debate and hurting kids by hiding.

Mr. Yale-Loehr was quoted by New York Daily news in NYC Mayor Adams Again Urges Feds to ‘Stand Up,’ Accelerate Work Permits for Migrants Amid Crisis. Mr. Yale-Loehr said that U.S. Citizenship and Immigration Services was gutted under former President Donald Trump and has worked to catch up under President Biden. He noted that the 150-day delay between asylum applications and work permit requests cannot be changed without an act of Congress, a step considered highly unlikely in the Republican-controlled House of Representatives. The federal government reported that it is processing 80 percent of asylum-seekers’ work authorization submissions within two months, he said.

Mr. Yale-Loehr was quoted by the Albany Times-Union in Asylum Cases Lag As Migrants Lack Required Casework. He noted a lack of clarity around the intersection of homelessness and migrants in the law. But he said one thing was clear: “There are a lot of issues that need to be resolved and so far there does not seem to be any coordination between state and local authorities to figure this out.”

Mr. Yale-Loehr was quoted by Politico in ‘There Is No More Room in Mexico’: Mayor Adams Takes Mexico. Mr. Yale-Loehr said, “A single trip by a politician will not dampen the flow. Mayor Adams would do better to work cooperating with the Biden administration on this complex issue, rather than striking out on his own foreign policy pursuits.”

Mr. Yale-Loehr co-authored a white paper, Immigration Reform: A Path Forward, published by Cornell University Law School’s Immigration Law and Policy Program. The white paper sets forth three sets of proposals: (1) strengthening border security; (2) implementing targeted measures to better align the U.S. immigration system with economic imperatives; and (3) offering deportation protection to DREAMers. “Individually and collectively, the proposals offer a path forward that addresses our most urgent needs, structured in ways to maximize the bipartisan support required for enactment,” the white paper says.

Mr. Yale-Loehr was quoted by Inc. in How Business Leaders Can Prepare to Hire Asylum Seekers—and Why They’re Pushing for More. The article notes that in August, more than 120 business executives from JPMorgan Chase, Macy’s, Paramount Global, and others signed an open letter to President Biden and Congress urging more federal support and expedited work permits for asylum seekers. Mr. Yale-Loehr said that especially hard-hit industries, including construction, farming, and home health care, could benefit from the added workers. He noted that there are steps migrants need to take before they start legally working, and obstacles to navigate. Asylum seekers may not speak English or may want a lawyer’s assistance to file the work permit application, for example.

Mr. Yale-Loehr was quoted by El Pais in A Three-Month Wait: New U.S. Immigration Plan Marred by Secrecy and Uncertainty. The article notes that a new U.S. immigration program known as Movibilidad Segura, or Safe Mobility, pursues “the expansion of legal routes to the United States or other countries for refugees and migrants in South and Central America,” according to its official website. “The United States launched the program in June with the aim of “reducing irregular migration,” and established migration offices in Colombia, Costa Rica and Guatemala. However, three months after its launch, less than 1% of the nearly 29,000 applicants in Colombia have passed through the U.S. Refugee Admissions Program (USRAP), according to official data. The lack of information and the secrecy surrounding the project have experts consulted by El Pais perplexed,” the article notes. Migrants interviewed by El Pais explained that they had to sign a confidentiality agreement stating that they “cannot comment on their process.” Mr. Yale-Loehr termed this procedure “unprecedented” and “unusual.” He explained that signing non-disclosure clauses does not form part of the refugee process in the United States and is not required for an interview at a U.S. embassy or consulate. “It must be a new procedure, which I haven’t heard of before,” he said. When the U.S. government launched Safe Mobility in Colombia, El Pais noted, it announced that it would be conducting “a six-month pilot period.” Midway through, it said it plans to extend it but declined to give a specific timeline. With so much uncertainty, Mr. Yale-Loehr said he understands the frustration surrounding the scheme: “It’s had a very slow start.” He said he believes that the future of Safe Mobility remains unknown: “It has not failed yet, but it has not been a success either.”

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In this issue:

1. FRAUDULENT MARRIAGE: AN OVERVIEW – This article provides an overview of the consequences of fraudulent marriage in Canada and Italy.

2. CANADA – Housing shortages have led to political pressures and a new law and regulations that could have a chilling effect on the ability of employers to attract foreign talent.

3. EUROPEAN UNION, BELGIUM – The EU Entry-Exit System has been postponed once again. The right to apply for a “fast track” single permit in Belgium has been extended to several new categories. There are new rules for trainees and volunteers.

4. ITALY – There are uneven processing delays for passports. This article also summarizes the elective residence visa and income requirements.

5. TüRKIYE – This article discusses anticipated changes to the processing of montaj-AMS visas for Türkiye.

6. UNITED KINGDOM – There have been various developments.

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

8. ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – June 2023

1. FRAUDULENT MARRIAGE: AN OVERVIEW

This article provides an overview of the consequences of fraudulent marriage in Canada and Italy.

Canada

In Canadian immigration law, fraudulent or false marriages are governed by Subsection 4(1) of the Canadian Immigration and Refugee Protection Regulations (IRPR). According to Subsection 4(1), an officer may find that a marriage, common-law union, or conjugal partnership (see Definitions for common-law partner and conjugal partner) is fraudulent if the officer finds that (i) the individuals entered a marriage, common-law union, or conjugal partnership primarily for the purpose of gaining status in Canada or (ii) the relationship is not genuine. Subsection 4(1) of the IRPR therefore outlines two assessments targeting two different periods of time: Paragraph 4(1)(a) examines the individuals’ intent or purpose at the moment of entering the marriage, union, or relationship while Paragraph 4(1)(b) assesses the genuineness of the relationship at present time.

The case law shows that determinations under Subsection 4(1) of the IRPR should be grounded in an analysis that is holistic and based on the totality of the facts and evidence (see, e.g., Laifatt v. Canada (Minister of Citizenship and Immigration), 2020 FC 365; Abdi v. Canada (Minister of Citizenship and Immigration), 2018 FC 475). The case law also seems to emphasize the importance of officers giving individuals a meaningful opportunity to respond and, thus, to be “heard” during the assessment and processing of their applications (see, e.g., Likhi v. Canada (Minister of Citizenship and Immigration), 2020 FCC 171; Johnson v. Canada (Minister of Citizenship and Immigration), 2017 FC 550).

In Canada, a spouse or common-law partner accompanying a temporary foreign skilled worker may be eligible to apply for an open Work Permit (see eligibility criteria for spousal open Work Permits as of January 30, 2023). During the assessment and processing of a spousal open Work Permit application, officers may issue a request for additional information to attest the genuineness of the marriage. Practice suggests that, in particular, a request for additional information may be issued in the context of a recent marriage. Examples of additional information that could be provided include photos of the marriage, photos of the couple at different points in time since the start of the relationship, proof of regular and continued communication, proof of joint accounts such as a joint bank account, and any evidence that the couple shared information about their relationship on social media or through means of electronic communications.

If an officer finds that a marriage or common-law union is false or fraudulent, both the open Work Permit application of the accompanying spouse or common-law partner and the Work Permit application of the principal applicant-temporary foreign skilled worker may be refused, and both the primary applicant and the accompanying spouse or common-law partner may be subject to a five-year ban on entering Canada (see, e.g., Gill v. Canada (Minister of Citizenship and Immigration), 2022 FCC 648). Similar consequences could apply in a case where an officer finds that a marriage is fraudulent and where the principal applicant already received a Work Permit and began working inside Canada, and the accompanying spouse or common-law partner applied for a spousal open Work Permit at a later time.

Italy

Italy does not have specific provisions to curb or criminalize “marriages of convenience.” Article 123 of the Italian Civil Code sets forth that a marriage is null and void when the spouses do not fulfill their obligations or exercise the rights connected to the marriage. Marriages of convenience are likely to constitute crimes of false declaration before a public official (art. 495 Criminal Code) and aiding and abetting unauthorized immigration (art. 12 Decree 286/1998).

A family reunification request can be denied when it is proven that the sole purpose for the marriage was to allow the person to enter and reside in the territory of the State (art. 29/9 Decree 286/1998). Similarly, the application for a residence permit or its renewal is rejected, or the residence permit is revoked, when it is proven that the marriage was celebrated only to allow the non-European Union (EU) spouse to reside in Italy (art. 30/1bis Decree 286/1998). The residence permit is immediately revoked when it is established that the marriage was not followed by “actual cohabitation,” with an exception made in cases where children were born from the marriage (art. 30/1bis Decree 286/1998).

The Court of Cassation added that the validity of a residence permit is subject to the existence not only of the permanent cohabitation of the spouses but also of the non-EU spouse residing in Italy (n. 25027/2005). On other occasions, however, the Court has adopted a more flexible approach, justifying the situation of a spouse who, for example, lives abroad for work reasons (n. 13165/2005).

In Italy, the family permit allows work without a work permit. Therefore, if the family permit is denied or revoked, the applicant cannot work in Italy based on family member status.

https://medium.com/studiomazzeschi/italian-citizenship-and-marriages-of-convenience-three-husbands-are-not-enough-3c9ec1c6ac3b

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2. CANADA

Housing shortages have led to political pressures and a new law and regulations that could have a chilling effect on the ability of employers to attract foreign talent.

Foreign workers in Canada face significant challenges due to competing labor and housing shortages. The shortage of workers has triggered the housing shortage given the lack of workers in construction and supporting trades, as well as a shortage of construction materials.

Although Canada has been welcoming record-breaking and ever-growing numbers of immigrants (2022 saw 431,000 new permanent residents, and 2021 saw 405,000), Canadians fear that newcomers will take their homes, which fuels their resentment and fear of newcomers.

The federal government could have addressed the housing shortage with sound immigration policy—specifically, to regularize those workers without status in Canada who were already working in construction trades, and to facilitate the selection of construction trade workers as temporary workers and new immigrants. Current immigration policy favors applicants with post-secondary education and strong English or French language skills, which most construction trade workers lack. Immigration Refugee Citizenship Canada (IRCC) might also have considered reducing the number of foreign students admitted to Canada as this category of temporary residents has ballooned since 2015, and many will not have a path to permanent residence in any event. The federal government seems to lack the political will to address many issues related to the foreign student program, likely because the foreign student industry is big business.

Instead, the government of Canada passed the Prohibition On the Purchase of Residential Property by Non-Canadians Act (the Act), a new law supposedly to help make more homes affordable for people living in Canada. This law has a serious negative implication for newcomers to Canada, in addition to impeding the ability to attract talent to Canada to address labor shortages. The Act came into force on January 1, 2023, and prevents non-Canadians (those who are neither Canadian citizens nor permanent residents of Canada) from buying residential property in Canada for two years, including preventing non-Canadians from using corporate structures to avoid the prohibition. The Act defines residential property as buildings with three homes or fewer, as well as parts of buildings like a semi-detached house or a condominium unit. The law does not prohibit the purchase of larger buildings with multiple units. The Act includes a $10,000 fine for any non-Canadian or anyone who knowingly assists a non-Canadian and is convicted of violating the Act. Further, if a court finds that a non-Canadian has done this, they may order the sale of the house.

A ban targeting foreign home buyers will not necessarily prevent speculation in real estate markets, especially since nonresidents only make up 2.2 percent of residential property owners in Ontario and 3.1 percent in British Columbia. Newcomers have to live somewhere, so if they are prohibited from buying a home, they will rent a house or apartment and potentially take up valuable living space for Canadians who may not be able to afford to buy and must rent. Rents in Canada have increased by 10 percent on average across Canada in the last year.

Clearly the prohibition could have a chilling effect on the ability of Canadian businesses to attract foreign talent, especially when combined with provincial legislation that taxes the purchase of residential properties by foreign nationals. In Ontario, that tax is 25 percent of the value of the property, although the foreign national can apply for a tax rebate if they become a permanent resident within four years of making the purchase. The regulations under the Act set out specific exemptions, including properties in very rural locations, but unfortunately few foreign workers and immigrants settle in rural areas. Initially, when enacted on January 1, 2023, foreign workers who held a work permit or were authorized to work under section 186 of the Immigration Refugees Protection Regulations, and had worked in Canada a minimum of three years within the four years preceding the year in which the purchase was made, filed income tax returns, and had not purchased more than one residential property, were exempted.

Amendments to the regulations allow more flexibility in certain circumstances. Work permit holders can now purchase residential property, for example, as long as they have 183 days or more of validity remaining on their work permit at the time of purchase and have not purchased more than one residential property. The initial requirements for tax filings and previous work experience in Canada were repealed. They are still subject to any applicable provincial tax.

For many foreign nationals living in Canada temporarily, becoming a permanent resident of Canada is a priority. Without permanent resident status, they may still be subject to the Act and/or provincial taxes. Typically, most foreign nationals do not qualify for permanent residence until they have worked in Canada for a Canadian company for at least one year. Further, there is no ability to apply for permanent residence at will; instead, applicants must be invited to apply for permanent residence by IRCC. Consequently, there is a great deal of uncertainty around qualifying and when to apply for permanent residence, which makes it difficult to provide newcomers with any assurance about their eligibility to buy residential property in Canada without restrictions. Foreign workers should seek legal advice from a Canadian lawyer about their eligibility for permanent residence soon after they arrive in Canada.

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3. EUROPEAN UNION, BELGIUM

The EU Entry-Exit System has been postponed once again. The right to apply for a “fast track” single permit in Belgium has been extended to several new categories. There are new rules for trainees and volunteers.

EU Entry Exit System (EES) Postponed to End of 2023

The European Union (EU) Entry Exit System (EES), which was initially intended to become operative in 2022 and later in May 2023, is now due to be implemented by the end of 2023. EES is a large-scale IT system to enable the electronic recording of entries and exits of third-country nationals (TCNs) to and from the Schengen Area. The system will replace the current practice of manual stamping of passports.

Right to Apply for “Fast-Track” Single Permit in Belgium Extended to New Categories

As a general rule, third-country (non-European Economic Area [i.e., outside EU, Iceland, Liechtenstein, and Norway] and non-Swiss) nationals who want to work in Belgium for longer than 90 days need a single permit. “Fast-track” single permit applications can be filed while a third-country national resides in Belgium. Fast-track applications are those for which no resident labor test is required. Previous restrictive legislation reserved the right to apply in Belgium to a few categories only (short-term foreign nationals, long-term students, long-term researchers).

A new act now allows several other categories of foreigners to apply for a fast-track single permit while residing in Belgium, including family members of single permit holders and foreign nationals with temporary protection status (in practice, Ukrainian nationals). Ukrainian nationals with temporary protection status in Belgium were already entitled to work on the basis of their status, but they can now switch to employee status in-country: their employer can apply for a single permit while the Ukrainian national resides in Belgium.

New Rules for Trainees and Volunteers

New rules for trainees and volunteers became effective January 1, 2023, under Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016, on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects, and au pairing.

Trainees

Some third-country trainees can invoke a single permit exemption. For example, students who follow a mandatory internship in Belgium as part of their studies in Belgium, Switzerland, or an EEA country are exempt. If no exemption can be invoked, a single permit for long-term employment in Belgium will be required.

Important regulatory changes include:

• The 18-to-30 age range requirement no longer applies;
• A trainee need only pursue a course of study leading to higher education rather than holding a higher education degree;
• Sufficient means of subsistence are still required, but the guaranteed minimum wage is no longer mentioned as a threshold amount. The integration/benefit income for a single person (at present 1,214.13 euros/month) appears to be the threshold. The payments that will be made to the trainee can be taken into account, as well as the fact that the host entity guarantees sufficient means of subsistence for the trainee.

Work authorizations are issued by the region of employment in Belgium: Brussels, Flanders, and Wallonia. The location of employment determines the applicable rules. The maximum duration of the single permit depends on the duration of the underlying work authorization but cannot exceed six months; renewal up to 12 months may be possible, depending on the location of employment.

Volunteers

Volunteer work can now serve as a legal basis for work-related migration to Belgium. The maximum duration of the single permit depends on the duration of the underlying work authorization but cannot exceed 12 months. The location of employment determines the applicable rules.

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4. ITALY

There are uneven processing delays for passports. This article also summarizes the elective residence visa and income requirements.

Italy Passport Delays

After Brexit and COVID-19, requests for passports have blown up, and the Italian government has been facing issues with processing time. However, the situation is not the same in every city. In many cities (for example, Milan), it is possible to obtain an appointment to request a passport only after 8 to 9 months. In some other cities, the situation may be much better. Genova and Padova have encountered problems with applicants not even being able to obtain an appointment.

According to the authorities, these delays are due to various factors, including the boom in requests for travel documents after the lockdown and Brexit, the lack of staff in passport offices (a section of the police office), and the Mint’s issues with passport books.

Elective Residence Visa and Income Requirements

The elective residence visa (residenza elettiva) is regulated by inter-ministerial decree 850/2011, attachment A, paragraph 13. To obtain such a visa, the applicant must demonstrate wide and autonomous economic resources that are regular and stable, and likely to remain steady in the future.

Such resources:

• Must come from ownership of conspicuous revenues;
• Must come from ownership of properties; or
• Must come from ownership of stable economic-commercial activities; and
• Other sources different from subordinate work must not be lower than about EUR 2580 per person per month.

Is the minimum required amount of about EUR 2580 per person per month enough?

The required monthly income is not enough per se but is evaluated in the context of the general situation. It is considered the minimum economic requirement to start with. This type of elective residence visa is aimed at people with a high availability of assets and economic resources.

What are the other key requirements?

Another key requirement is owning property or a lease contract for an apartment or a house in Italy, and demonstrating the intention to relocate there permanently. Declarations of hospitality from third parties, Airbnb, serviced apartments, or boats are not considered sufficient.

How does the applicant demonstrate the revenues? Is work performed outside Italy taken into consideration?

The revenues are to be demonstrated not only by showing the last 12 months’ bank statements, duly stamped and signed by the bank (or with a QR code) but also by providing tax returns. The consulate wants to confirm that the economic resources are not derived from work and thus are available independently from the actual and daily work activity. Resources deriving from work, either subordinate or autonomous, even if performed and taxed outside Italy, cannot be taken into account.

How are revenues generated from properties assessed?

Revenues generated from ownership of properties must be demonstrated by long-term lease agreements, signed well in advance, and likely to remain steady in the future. In any case, the sole revenues generated from properties are by no means enough for a positive evaluation.

Details:

Mazzeschi Magazine, May 2023. https://www.mazzeschi.it/news/mazzeschi-magazine-italian-immigration-and-citizenship-may-2023-vol-26/

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5. TüRKIYE

This article discusses anticipated changes to the processing of montaj-AMS visas for Türkiye.

Montaj-AMS Visa Highlights

An Assembly and Maintenance Service (AMS, or montaj) visa is a very practical work authorization category for technical workers coming to Türkiye for short-term work. Under Turkish immigration regulations, an employee of a foreign company may engage in assembly and maintenance service work for the benefit of a receiving Turkish entity without the need for a work permit for up to 90 days per year.

Appropriate employees include technicians or other technical workers. This category is not suitable for executives or non-technical managers. Employees holding this type of visa must continue being paid outside Türkiye by the foreign entity that sent them. The visa allows the employees to work only in the locale(s) and for the Turkish company that issued the support letter for the visa. If multiple clients or worksites are anticipated, the host letters must reflect this and be issued from each host.

An AMS visa may apply to many categories of “products,” including assembly, maintenance, and service (or training) for software, computer hardware, complex machinery, energy equipment, and construction and manufacturing equipment. However, in practice there is significant variation in interpretation at different consular posts. Many non-Organisation for Economic Co-operation and Development (OECD) posts have quite strict interpretations of the business circumstances that qualify to issue this visa. Often the interpretation of the “product” being provided to the Turkish host company may come directly from the foreign employer of the visa applicant. In these cases, extensive additional corporate documents may be needed.

An AMS visa can be issued for a maximum validity of 12 months with a duration of stay of 90 days. The consular posts most often issue 6- or 12-month validity multiple entry AMS visas, although some posts may not grant multiple entry visas or grant visas for a validity of less than 12 months as a matter of discretion. Particularly, many non-OECD-located Turkish consular posts in practice tend to issue single-entry AMS visas with 30-, 60-, or 90-day durations of stay.

Proposed Changes

In September 2022, the Ministry of Labour (MoL) created an application link on its website in preparation for online adjudication of these exemptions under the Law on International Workforce No. 6735 (and subsequent regulations). As announced on September 30, 2022, AMS and other activities listed in the statute as exempt from a work permit requirement may apply for that exemption via the new online system, which is then used to obtain an AMS visa at the consulate or a work permit exemption domestically in certain conditions. Applicants abroad requesting an exemption via the Turkish consular post must use the online system after appearing at the consular post. If the application is accepted, the consular post issues a reference number, which the applicant uses to complete the online application. Applicants in Türkiye on valid residence permits may file their exemption applications using the online system with information requested regarding their residence permits.

The online exemption system is not yet being used extensively for visa applicants because many consular posts are not yet familiar with the system. The online system appears to be a way for the MoL to have more authority in designating which applicants should be eligible for an exemption, regardless of the location of the consular post.

The new work permit exemption online system lists many statutory exemption activities that have been recognized by the MoL, even before the current version of the law. The list of qualifying activities includes certain internships and certain activities in the arts, sciences, media, tourism, education, and sports sectors, each with defined maximum periods of time. The statute also specifies the maximum validity for each qualifying activity. For instance, student internships have maximum ranges of 4 to 12 months. Tour operators are restricted to a period of 8 months. AMS-montaj activities remain limited to 90 days.

For a complete list of work permit exemption categories, see the following MoL webpage: https://www.csgb.gov.tr/media/89896/ingilizce-tablo.pdf

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6. UNITED KINGDOM

There have been various developments.

Sponsor Guidance Updated on Hybrid and Remote Work

New Home Office guidance provides an update on sponsoring workers on a remote or hybrid basis. Although the Home Office created guidance to cover pandemic work-from-home situations, it had not kept pace with the post-pandemic shift to flexible working patterns. The much overdue updated guidance sets out the circumstances in which sponsors must report when a sponsored worker is working from home permanently or in a “regular and planned” hybrid working pattern. Specifically, sponsors must report the following changes in a sponsored worker’s normal work location:

• The worker is, or will be, working remotely from home on a permanent or full-time basis (with little or no requirement to physically attend a workplace); or
• The worker has moved, or will be moving, to a hybrid working pattern.

A hybrid working pattern is defined as “where the worker will work remotely on a regular and planned basis from their home or another address, such as a work hub space, that is not a client site or an address listed on your licence, in addition to regularly attending one or more of your offices or branches, or a client site.”

The guidance also confirms that sponsors do not need to report day-to-day changes in work location (for example, if a worker occasionally works at a different branch or site, or from home). Sponsors need only tell the Home Office about changes to regular working patterns.

So what reporting duties do sponsors now have?

An increasing number of businesses are transitioning to an “officeless operation,” which presents unique challenges for recording employee work locations on the certificate of sponsorship. The employee’s work location could potentially be their home address or any other remote location that qualifies as a “work location.” Similarly, if an employee is working remotely on a permanent basis with little obligation to attend the workplace, this must be reported.

New UK Electronic Travel Authorisation Scheme

The UK’s upcoming Electronic Travel Authorisation (ETA) scheme will require some people to apply in advance for digital permission to travel to the UK. A comprehensive Q&A for employers can be shared with employers’ global HR and mobility professionals.

Tech Nation Formally Acquired by Founders Forum

Tech Nation announced that Founders Forum Group (FF Group) has formally acquired Tech Nation. This is good news for digital tech Global Talent visa applicants. Tech Nation also confirmed that under the FF Group umbrella, it will continue to endorse Global Talent applications as normal until the Home Office finds a new endorsing body. This means that those with exceptional talent/promise in the digital tech space will continue to apply to Tech Nation for endorsement and then separately apply to the Home Office for the visa. This has also been confirmed by the Home Office.

Endorsing Bodies Revealed for Innovator Founder Route

The Home Office has provided a list of the bodies that can endorse Innovator Founder applications where an applicant has an innovative, viable, and scalable business proposal. These include Envestors Limited, UK Endorsing Services, Innovator International, and The Global Entrepreneurs Programme (GEP). The Innovator Founders category replaced the Start-up and Innovator routes in April 2023.

UKVI Outsourced Partners Increase Fees

For the processing of non-digital visa applications where attendance at an appointment is necessary, UK Visas and Immigration (UKVI) uses outsourced visa partners. When an application is submitted at an appointment in the UK, Sopra Steria runs the appointments. As of May 1, 2023, Sopra Steria’s fees have increased by 3.12%. One of UKVI’s outsourced partners for applications submitted outside the UK is VFS. VFS’s fees in the United States have increased: gold and silver package fees have increased to $2,090 and $925, respectively, and the roundtrip courier fee has increased from $75 to $80.

Delay in EU’s Entry/Exit System

The European Union’s (EU’s) Entry/Exit System will electronically monitor whether non-EU citizens (including British citizens) are going over 90 days in any 180-day period in the EU/European Economic Area (EEA)/Switzerland (except for Cyprus and Ireland). The scheme was due to launch this year but has been delayed to 2024. Once implemented, travelers in the EU area will need to be more wary than ever of overstaying the 90 days. If the maximum stay is exceeded, it can lead to a ban on entry to the whole of the EU/EEA/Switzerland (except for Cyprus and Ireland).

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7. New Publications and Items of Interest

New webinar. In May, Kingsley Napley held a webinar with the Home Office on the United Kingdom’s (UK’s) upcoming ETA scheme. The ETA scheme will require some people to apply in advance for digital permission to travel to the UK. Some of the key takeaways from the webinar are included in Kingsley Napley’s comprehensive Q&A for employers to share with their global human resources and mobility professionals.

Alliance of Business Immigration Lawyers: https://www.abil.com/

ABIL is also available on Twitter: https://twitter.com/abilimmigration

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8. ABIL Member / Firm News

Charles Foster was awarded the title of “Dean Emeritus” by the Executive Committee of the Consular Corps of Houston for his services as interim and acting Dean of the Consular Corps of Houston in recent years. He is also the Honorary Consul-General of the Kingdom of Thailand. Mr. Foster is the chairman of Foster LLP. His law practice focuses primarily on representing multinational companies and foreign investors in U.S. immigration law matters.

Kingsley Napley‘s recent blog sets out the details of the new UK Home Office guidance on sponsoring workers on a remote or hybrid basis. Although the Home Office created guidance to cover the situation where someone was working from home due to COVID-19, it had not kept pace with the post-pandemic shift to flexible working patterns. https://www.kingsleynapley.co.uk/insights/blogs/immigration-law-blog/home-office-finally-updates-its-guidance-on-sponsored-remote-working

Kingsley Napley won the bronze award for best immigration practice from the Citywealth Magic Circle Awards 2023. Read more about it here.

Charles Kuck (bio: https://www.abil.com/abil-lawyers/charles-kuck/) has authored a new blog post: “The Unintended Consequences of USCIS’ New ‘Family Reunification Program.’ ” https://www.immigration.net/2023/05/17/the-unintended-consequences-of-usciss-new-family-reunification-program/

Mr. Kuck was quoted by Atlanta News First in “Georgia Immigration Attorney Discusses Impacts of Title 42 Expiring.” He discussed the processes in place for migrants arriving at the southern border, including being detained “for a hearing generally in a phone booth at a detention center,” removal if they cannot prove a credible fear of persecution if returned to their home countries, or asylum processing if they can prove a credible fear. “After they have filed their asylum application, they can file for a work permit…when that work permit comes, typically [for] about six months they can work. Which means that for these open jobs, employers here in Georgia [will] now have workers to do those jobs,” he said. At the next court date, Mr. Kuck said, migrants “are required to bring evidence and if you don’t have evidence other than a suspicious story, you’re not going to win asylum.” https://www.atlantanewsfirst.com/2023/05/10/georgia-immigration-attorney-discusses-impacts-title-42-expiring/

Mr. Kuck was quoted by 11Alive in “Title 42 Ending, Georgia Getting Ready for Expected Increase in Migrants Across Southern Border.” He said, “What will happen? You will see videos of lots of people coming to the border, thousands of them, because they’ve been lining up in Mexico for weeks in anticipation of the much built-up end of Title 42. And we will see a massive surge because the one thing that nobody is talking about is—why are there so many people at the border all of a sudden? And it’s because we have unprecedented levels of refugee crises in Latin America that we’ve never seen in our history. So, the migrants are not generally Mexicans coming in. These are from Central and South America, where crises in their own countries are compelling them to come forward.” He said that without Title 42 restrictions, “people will again start to be deported to their home countries. They’re going to deport you back to Peru, or they’re going to deport you back to Colombia. This enables that process. And that’s the message that needs to be delivered to those countries. Desiring a better life is not asylum. You will not be allowed to stay in the U.S. if just wanting a better life is why you’re coming to America.” https://www.11alive.com/article/news/local/georgia-prepares-for-additional-migrants/85-9f0e3835-e53f-486e-8398-edc2b19bdd8b

Mr. Kuck was quoted by Bloomberg in ” ‘I Expected to Work in an Office’: Engineers Recruited by Carmakers End Up on the Assembly Line.” Mr. Kuck said that legally hiring foreign line workers is difficult at best because “there is not a manual labor visa to do those kinds of jobs.” https://www.bloomberg.com/news/articles/2023-04-25/engineers-from-mexico-on-assembly-lines-instead-of-us-south-car-industry#xj4y7vzkg?leadSource=uverify%20wall

Mr. Kuck was quoted by The New Republic‘s “Soapbox” in “You Know Who Won’t Miss Susan Rice? Immigration Advocates.” The article says that migrant advocates hope that the departure of Susan Rice, the Biden administration’s chief domestic policy adviser, will lead the Biden administration down a new and more humane path. The article quotes Mr. Kuck’s tweet: “I cannot think of happier news for those interested in fixing the immigration nightmare. Getting rid of Susan Rice is step one!” https://newrepublic.com/article/172164/susan-rice-departure-immigration-reset

Mr. Kuck authored a new blog post: “The Farcical H-1B Lottery for FY 2024.”

Cyrus Mehta (bio: https://www.abil.com/abil-lawyers/cyrus-d-mehta/) authored a new blog post: “Remembering Mark Von Sternberg Through Matter of Recinas.” http://blog.cyrusmehta.com/2023/05/remembering-mark-von-stenberg-through-matter-of-recinas.html

Mr. Mehta and Jessica Paszko co-authored a new blog post: “Termination in the Twilight Zone When the I-485 Application Has Been Pending for Less Than 180 Days.” http://blog.cyrusmehta.com/2023/05/termination-in-the-twilight-zone-when-the-i-485-application-has-been-pending-for-less-than-180-days.html

Mr. Mehta and Kaitlyn Box have co-authored several blog posts:

• “Although Section H.10-B Has Disappeared in the New ETA-9089, Will Its Ghost Continue to Haunt Us?,” http://blog.cyrusmehta.com/2023/06/although-section-h-10-b-has-disappeared-in-the-new-eta-9089-will-its-ghost-continue-to-haunt-us.html
• “Kellogg Has Reared its Ugly Head in the New Labor Certification Fork: How Do We Deal With Alternate Requirements?,” http://blog.cyrusmehta.com/2023/05/kellogg-has-reared-its-ugly-head-in-the-new-labor-certification-form-how-do-we-deal-with-alternate-requirements.html;
• “Answering Tricky Questions on the Revised Labor Certification Form on Dual Representation and Familial Relationships,” http://blog.cyrusmehta.com/2023/05/answering-tricky-questions-on-the-revised-labor-certification-form-on-dual-representation-and-familial-relationships.html;
• “Ethical Considerations When the Removal Case is Dismissed,” http://blog.cyrusmehta.com/2023/04/ethical-considerations-when-the-removal-case-is-dismissed.html;
• “Second Circuit Upholds Trump Era Interpretation on Administrative Closure Even Though Biden Has Changed It. Does This Leave Open Possibility that Biden Era Interpretation May Also Be Upheld if Future Administration Changes It?,” ;
• “Dealing with Section H.10-B Labor Certification Denials,” http://blog.cyrusmehta.com/2023/03/dealing-with-section-h-10-b-labor-certification-denials.html

Angelo Paparelli (bio: https://www.abil.com/abil-lawyers/angelo-paparelli/) became a partner at Vialto Law on June 1, 2023. Vialto notes that Angelo’s career has brought him many accolades, including a 1st ranking among Chambers USA Band 1 Lawyers and a three-time award as the World’s Leading Corporate Immigration Lawyer in annual peer rankings of the International Who’s Who of Corporate Lawyers. Mr. Paparelli received the Edith Lowenstein Award for Advancing the Practice of Immigration Law and is the first management-side immigration lawyer ever inducted into the College of Labor and Employment Lawyers. He is frequently quoted on immigration law issues in the New York Times, the Wall Street Journal, Immigration Law360, and other leading publications. He has advised some of the largest companies in the world, helping to solve complex immigration issues and craft program-wide immigration strategies. His reputation has made him a trusted advisor to senior policymakers

Bernard Wolfsdorf (bio: https://www.abil.com/abil-lawyers/bernard-wolfsdorf/) and Naveen Bhora co-authored a new blog post: “DV Green Card Lottery Results Out. Hoorah!” https://wolfsdorf.com/dv-green-card-lottery-results-out/

WR Immigration published a new blog post: “Critical Requirements for New Office L-1 Managerial or Executive Petition.” https://wolfsdorf.com/critical-requirements-for-new-office-l-1-managerial-or-executive-petition/

WR Immigration presented a webinar, “Alternatives to the H-1B Lottery.” Charina Garcia and Audrey Lustgarten discussed what to do when considering global alternatives, including alternative U.S. options, a review of immigration options to confirm eligibility, non-immigration factors, and more. https://wolfsdorf.com/webinar-alternatives-to-the-h-1b-lottery/

WR Immigration presented a webinar on the Department of Homeland Security’s (DHS) announcement of a new process to protect undocumented whistleblowers. WR Immigration and Hirschfeld Kraemer LLP discussed what employers need to know. Attorneys shared their insights on what employers can expect in the months ahead, including likely claims and how employers can prepare in light of the new DHS policy. https://wolfsdorf.com/us-department-of-homeland-security-announces-new-process-to-protect-undocumented-whistleblowers/ (article)

Stephen Yale-Loehr (bio: https://www.abil.com/abil-lawyers/stephen-yale-loehr/) was quoted by CBS News in “Trump Vows to End Birthright Citizenship for Children of Undocumented Immigrants If He Wins in 2024.” Mr. Yale-Loehr said, “Any executive action that a president might try to end birthright citizenship would be challenged in court and would be likely struck down as unconstitutional.” He noted, however, that “it’s pretty clear that, for political purposes, he thinks that this kind of announcement will appeal to his base. It shows that he has anti-immigration credentials. And most of his voters don’t know or don’t care about whether such an executive order would be legal.” https://www.cbsnews.com/colorado/news/trump-birthright-citizenship-children-unauthorized-immigrants/?intcid=CNM-00-10abd1h

Mr. Yale-Loehr coauthored an op-ed in The Hill with Jacob Hamburger, an incoming visiting assistant professor at Cornell Law School. The op-ed, “To Address the Migration Crisis, State Governments Should Hire the Migrants,” concerns the controversy over the migrant influx in New York City and other large cities. The op-ed suggests that states can and should employ recent migrant arrivals without violating federal immigration law. Mr. Yale-Loehr and Mr. Hamburger propose that states create a new Migrant Empowerment Corps, modeled after the Depression-era Civilian Conservation Corps. https://thehill.com/opinion/immigration/4030557-to-address-the-migration-crisis-state-governments-should-hire-the-migrants/

Mr. Yale-Loehr was quoted by New York Daily News in “Texas Judge Hears Arguments in Challenge to Revised DACA Policy.” He predicted that if the Texas case makes it to the Supreme Court, the court would not issue a final ruling before June 2025: “Litigation takes time. No one should worry that the DACA program is going to end tomorrow.” https://www.nydailynews.com/news/politics/us-elections-government/ny-daca-challenge-texas-judge-hears-arguments-20230602-t7bo6xbinzbgxiw5vpse2ed6ue-story.html

Mr. Yale-Loehr was quoted in a Weill Cornell Medicine press release about recent commentary in a medical journal that he coauthored calling for equal access to health care for Deferred Action for Childhood Arrivals recipients. https://news.weill.cornell.edu/news/2023/06/commentary-calls-for-equal-access-to-healthcare-for-daca-recipients-and-all-immigrants (a slightly different version was published in Mirage News: https://www.miragenews.com/commentary-urges-equal-healthcare-access-for-1019415/

Mr. Yale-Loehr was quoted by Univision in “Biden Government Defends Family Separations at the Border in Court During Trump.” Mr. Yale-Loehr said, “The forced separation of families during the Trump administration violated the due process rights of families. Many of them are now suing the United States government for damages. The forced separation also set a bad precedent, both for future presidents and for the leaders of other countries who might try the same thing.” https://www.univision.com/noticias/inmigracion/gobierno-biden-defiende-tribunales-separaciones-forzadas-trump-frontera (Spanish)

Mr. Yale-Loehr was quoted by the Washington Post in “Tim Scott Hypes ‘Terrorist Watch List’ Border Crossings.” Commenting on remarks by Republican presidential candidate Tim Scott that “hundreds of people” have been crossing the southern border into the United States, Mr. Yale-Loehr said that the phrase “crossing our borders” was an exaggeration. “They were caught at the border, either at a port of entry or between a port of entry. So perhaps ‘caught attempting to cross the border’ would be more accurate.” He also noted that not everyone on the watch list is a terrorist. https://www.washingtonpost.com/politics/2023/05/24/tim-scott-hypes-terrorist-watch-list-border-crossings/ (available by subscription)

Mr. Yale-Loehr was quoted by CNY Central in ” ‘We Welcome Immigrants,’ Cornell Professor Says Influx of Migrants Could Improve Economy.” Among other things, Mr. Yale-Loehr said, “I would say we welcome immigrants, we want them to come properly, we want them to come legally. I would co-sign Governor Hochul’s letter to the federal immigration agency urging them to decide these work permit applications [more quickly], and I would also urge New York State to appropriate more money to help counties on immigration generally.” He said that “the people need to think about the fact that these migrants are actually going to help the economies of upstate New York or wherever else. “We have a job shortage in New York State, and there are many jobs these migrants can do…we should be welcoming them with open arms.” Video and article: https://cnycentral.com/news/local/we-welcome-immigrants-cornell-professor-says-influx-of-migrants-could-improve-economy

Mr. Yale-Loehr was quoted by the Associated Press in “Video Prompts False Claims That Soldier Allowed Migrants to Cross Border Illegally.” Mr. Yale-Loehr dismissed as “ludicrous” claims that soldiers’ actions that were videotaped in Eagle Pass, Texas, and widely circulated violated 8 U.S.C. §§ 1324 and 1327. He said § 1327 is a “rarely used provision” prohibiting people from aiding certain criminal and subversive foreign nationals from entering the country, and § 1324, the other statute mentioned in comments posted on the video, penalizes people who “harbor” undocumented migrants. Mr. Yale-Loehr suggested the bus people were boarding was likely destined for the nearest Border Patrol station where the migrants would be screened, processed, and detained, as is the agency’s protocol. They aren’t simply being let free as claimed, he noted. “The video doesn’t show any effort to harbor or hide undocumented migrants. Claims that federal officials are simply letting migrants enter the U.S. illegally are unfounded.” https://apnews.com/article/fact-check-immigration-border-texas-title-42-919121412226

Mr. Yale-Loehr was interviewed by several media outlets about immigration policy changes:

• “Immigration Expert Expects New Asylum Policy to be Challenged in Court,” Scripps News. Mr. Yale-Loehr said, “If you do enter the United States illegally, you will be presumed ineligible for asylum [under the new post-Title 42 Biden administration asylum rule] with certain limited exceptions. They want people instead to use this new CBP One app to schedule asylum interviews and then have the interviews at the ports of entry. So, they’re hoping that by the combination of parole, the refugee processing centers, and the CBP One app, people will do things legally. And this new rule then penalizes those who try to enter the United States illegally.” He also said “[w]e need to have an approach that realizes that we can only manage the border. We can’t ever stop all illegal immigration, but we also need to have Congress enact more work visas so the people who do want to come to the United States temporarily can do so legally and won’t be tempted to enter illegally.” https://www.10news.com/news/national/immigration-expert-expects-new-asylum-policy-to-be-challenged-in-court
• “Migrant Crisis Explained: Where Do We Go From Here?,” Fox 5 NY News. Mr. Yale-Loehr said, “Our immigration system has not changed, but the world has changed.” He noted that there is no quick fix to asylum backlogs and border issues. “Yes, we do need to try to manage our border. The second prong would be to provide more work visas for people who do want to come and work so they can do so legally … And the third prong is to legalize the estimated 10 million people in the United States who lack authorization right now.” https://www.fox5ny.com/news/migrant-crisis-explained-where-do-we-go-from-here
• A video of Mr. Yale-Loehr’s remarks is available at https://www.10news.com/news/national/immigration-expert-expects-new-asylum-policy-to-be-challenged-in-court

Mr. Yale-Loehr was quoted in several media outlets about the end of Title 42:

• United Press International, “White House, States, Congress Look for Immigration Solutions as Title 42 Ends.” Mr. Yale-Loehr said, “Too many people will want to enter, and there won’t be enough Border Patrol agents to prevent a surge of illegal entries.” He said that just and comprehensive immigration reform, which is unlikely in the current sharply divided Congress, would include more work visas “so that people who want to work temporarily in the U.S. could enter legally rather than illegally.” He also said he believes that the estimated 10 million undocumented people in the United States should be legalized “so that they can come out of the shadows.” And, finally, he said effective border security must be realized: “It is like three legs of a stool: All three legs are necessary for effective reform.” https://www.upi.com/Top_News/US/2023/05/11/title-42-immigration/6881683740849/
• Brazilian Mail (Correio Braziliense), “Biden Decides to Limit Access to Asylum at the Border With Mexico.” Mr. Yale-Loehr explained that as part of the end of Title 42, the Biden administration is implementing a new rule under which anyone who enters the United States without authorization will be considered ineligible for asylum. “The authorities want people to use the new app, called CBP One, for scheduling asylum interviews at ports of entry. It’s a way to legally apply for asylum,” he said. Mr. Yale-Loehr predicted “chaos and confusion at the border at first.” https://www.correiobraziliense.com.br/mundo/2023/05/5093570-biden-decide-limitar-acesso-a-asilo-na-fronteira-com-o-mexico.html (in Portuguese with English translation available)

Mr. Yale-Loehr and Jacob Hamburger co-authored an op-ed in Slate, “Biden Will Never Get Us Out of the Trump Era Like This.” https://slate.com/news-and-politics/2023/05/biden-immigration-asylum-border-title-forty-two-covid.html

Mr. Yale-Loehr was quoted by BollyInside in “Miami’s Real Estate Community Concerned About Negative Effects of DeSantis-Supported Bills: ‘This Will Be Painful.’ ” Limiting the buying power of foreign nationals from several nations in the United States “could be a real blow to [the EB-5 immigrant investor] program,” he said. https://www.bollyinside.com/news/real-estate/miamis-real-estate-community-concerned-about-negative-effects-of-desantis-supported-bills-this-will-be-painful/

Mr. Yale-Loehr was quoted by Courthouse News Service in “Title 42 Ends Next Week, Leaving Questions About the Future of U.S. Immigration Policy.” Commenting on the imminent end of Title 42, Mr. Yale-Loehr said, “Certainly it will prevent some people from applying for asylum. It would restrict asylum seekers in major ways. There are a lot of unknowns.” He said that he expects legal challenges to the new proposed rules if they are implemented, especially the rule denying people asylum claims if they cross the border before being granted permission. Legal challenges could come from border states like Texas, or Congress may take action, he noted. https://www.courthousenews.com/title-42-will-end-next-week-leaving-questions-about-the-future-of-us-immigration-policy/

Mr. Yale-Loehr was quoted by CBS News in “Biden Administration Asks Judge to Limit DACA Ruling If He Finds ‘Dreamer’ Protections Unlawful.” Mr. Yale-Loehr said the government’s latest filing in litigation by Texas challenging the Deferred Action for Childhood Arrivals (DACA) program was an attempt by the Biden administration to “minimize” the scope of the judge’s ruling. “Based on his past rulings, Judge Hanen is likely to rule that the DACA program is unlawful.” He said the judge could agree to pause his ruling pending an appeal. The Biden administration, he noted, would likely appeal a ruling against DACA to the 5th Circuit and ultimately the Supreme Court. “The bottom line is that this still has a long way to go before there’s a final resolution. I think the earliest that we may get a final decision by the Supreme Court would be June of 2024, and even that may be premature.” https://www.cbsnews.com/news/daca-ruling-judge-texas-justice-department-dreamers/

Mr. Yale-Loehr was quoted by the Cornellians Magazine in an article about the interdisciplinary Cornell Migrations Initiative, “With ‘Migrations,’ Big Red Scholars Navigate a World in Motion.” Mr. Yale-Loehr said, “We have more migration across the world today than we ever have in the past, and it’s going to continue. We need to understand how all these different kinds of migration affect and relate to each other—that’s why it’s so important to study this from an interdisciplinary and interspecies approach.” The article notes that most Migrations-supported research has been heavily rooted in the social sciences. For example, when Mr. Yale-Loehr wanted to assess the awareness of public health care benefits among immigrants, he partnered with a Migrations colleague on a qualitative survey. Their work resulted in RightsforHealth, a website where immigrants can easily research health benefits for which they may be eligible. https://alumni.cornell.edu/cornellians/migrations/

Mr. Yale-Loehr was quoted by Marketplace in “As Summer Approaches, Labor Shortages Make Summer Hiring Tough.” He said that consumers will notice labor shortages “in terms of increased prices. When you go to a restaurant, because there’s not enough workers, you’re going to see it in terms of reduced hours” at restaurants and at the community recreation center, for example. https://www.marketplace.org/2023/04/14/labor-shortages-make-seasonal-hiring-tough-summer/

Below are ABIL Members and their partners/associates listed in Who’s Who Legal: Corporate Immigration 2023 (https://whoswholegal.com/analysis/corporate-immigration-2023—legal-marketplace-analysis):

EUROPE–MIDDLE EAST–AFRICA

Global Elite Thought Leaders:

Laura Devine – Laura Devine Immigration, London, UK

Ana Garicano – Sagardoy Abogados, Madrid, Spain

Gunther Mävers – michels.pmks Rechtsanwälte Partnerschaft mbB, Cologne, Germany

Marco Mazzeschi – Mazzeschi – Corporate Immigration and Citizenship Law, Milan, Italy

Nicolas Rollason – Kingsley Napley, London, UK

Karl Waheed – Karl Waheed Avocats, Paris, France

Leading Firms:

Kingsley Napley, London, UK

Laura Devine Solicitors, London, UK

Flynn Hodkinson, London, UK

Other Leading Individuals:

BELGIUM: Bernard Caris – Younity, Brussels, Belgium

FRANCE: Karl Waheed – Karl Waheed Avocats, Paris, France

GERMANY: Gunther Mävers – michels.pmks Rechtsanwälte Partnerschaft mbB, Cologne, Germany

GERMANY: Bettina Offer – Offer & Mastmann, Frankfurt, Germany

ITALY: Marco Mazzeschi – Mazzeschi – Corporate Immigration and Citizenship Law, Milan, Italy

NETHERLANDS: Jelle Kroes – Kroes Advocaten Immigration Lawyers, Amsterdam, Netherlands

SPAIN: Ana Garicano – Sagardoy Abogados, Madrid, Spain

SWITZERLAND: Nina Perch-Nielsen – Blue Lake Legal, Zurich, Switzerland

TüRKIYE: Maria Celebi – Bener Law Office, Istanbul, Türkiye

NORTH AMERICA

Global Elite Thought Leaders:

Barbara Jo Caruso – Corporate Immigration Law Firm, Toronto, Canada

Ronald Klasko – Klasko Immigration Law Partners, Philadelphia, United States

Charles Kuck – Kuck Baxter Immigration, Atlanta, United States

Cyrus Mehta – Cyrus D Mehta & Partners, New York, United States

Angelo Paparelli – Vialto, Los Angeles, United States

Gregory Siskind – Siskind Susser, Memphis, United States

William Stock – Klasko Immigration Law Partners, Philadelphia, United States

Bernard Wolfsdorf – Wolfsdorf Rosenthal, Santa Monica, United States

Stephen Yale-Loehr – Miller Mayer LLP, Ithaca, United States

Leading Firms:

Klasko Immigration Law Partners, United States

Foster, United States

Wolfsdorf Rosenthal, United States

Other Leading Individuals:

CANADA: Barbara Jo Caruso – Corporate Immigration Law Firm, Toronto, Canada

U.S.: Cyrus Mehta – Cyrus D Mehta & Partners, New York, NY, United States

U.S.: Charles Kuck – Kuck Baxter Immigration, Atlanta, GA, United States

U.S.: Stephen Yale-Loehr – Miller Mayer LLP, Ithaca, NY, United States

U.S.: Gregory Siskind – Siskind Susser, Memphis, TN, United States

U.S.: Ira Kurzban – Kurzban Kurzban Tetzeli & Pratt, Coral Gables, FL, United States

U.S.: Vincent Lau – Clark Lau, Boston, MA, United States

U.S.: Vic Goel – Goel & Anderson, Reston, VA, United States

U.S.: Marketa Lindt – Sidley Austin, Chicago, IL, United States

U.S.: Rami Fakhoury – Fakhoury Global Immigration, Troy, MI, United States

ASIA-PACIFIC

Global Elite Thought Leaders:

Phillip Yip – Phillip Yip & Associates, Sydney, Australia

Other Leading Individuals:

AUSTRALIA: Phillip Yip – Phillip Yip & Associates, Sydney, Australia

HONG KONG: Eugene Chow – Chow King & Associates, Wanchai, Hong Kong

LATIN AMERICA

Global Elite Thought Leaders:

Ariel Orrego-Villacorta – AOV Abogados, Lima, Peru

Other Leading Individuals:

COLOMBIA: Rodrigo Tannus Serrano – Tannus & Asociados, Bogota, Colombia

PERU: Ariel Orrego-Villacorta – AOV Abogados, Lima, Peru

The following ABIL members, and members of ABIL firms, were listed in LawDragon’s 2023 list of 100 leading immigration lawyers:

Delisa Bressler – Foster – Austin, TX

Helene Dang – Foster – Houston, TX

Corina Farias – Foster – Austin

Charles Foster – Foster – Houston, TX

H. Ronald Klasko – Klasko Immigration Law Partners – Philadelphia, PA

Ira Kurzban – Kurzban Kurzban – Coral Gables, FL

Avalyn Langemeier – Foster – Houston, TX

Marketa Lindt – Sidley – Chicago, IL

Robert Loughran – Foster – Austin, TX

John Meyer – Foster – Austin, TX

Dorothee Mitchell – Foster – Austin, TX

Farshad Owji – WR Immigration – San Francisco, CA

Angelo Paparelli – Vialto Law – Los Angeles, CA

Jose Perez – Foster – Houston

John Pratt – Kurzban Kurzban – Coral Gables, FL

Edward Ramos – Kurzban Kurzban – Coral Gables, FL

Kimberley Best Robidoux – WR Immigration – San Diego, CA

William Stock – Klasko Immigration Law Partners – Philadelphia, PA

Helena Tetzeli – Kurzban Kurzban – Coral Gables, FL

Bernard Wolfsdorf – WR Immigration – Santa Monica, CA

Back to Top

In this issue:

1. TRUSTED TRAVELER PROGRAMS: AN OVERVIEW – This article provides an overview of trusted traveler programs in several countries.

2. FRANCE – There is a new draft immigration bill under review. The remuneration thresholds have been updated after an increase in the minimum wage. ETIAS is provisionally targeted to deploy in November 2023. Management of the employer tax has been transferred.

3. ITALY – The Italian government has set new quotas for non-European Union workers. Italy has introduced a new work visa for seafarers. The United Kingdom and Italy have signed an agreement on the exchange of driver’s licenses. Italy has set new entry measures for inbound passengers arriving from China.

4. MEXICO – New governmental fees for several immigration procedures are in place for 2023.

5. RUSSIA – Permanent residence permit criteria for foreign investors has been established. Fingerprinting capabilities are expanded to all territorial divisions of the Ministry of Internal Affairs. IT specialists and foreign investors are no longer required to obtain temporary residence permits before applying for permanent residence. New regulations are in force for foreign residents extending their visas. Medical insurance details are no longer required to be included in most labor agreements with foreign workers. Russia announces mutual recognition of visas Between the Russian Federation and the Republic of Belarus

6. UNITED KINGDOM – Negative pre-departure COVID tests are required for travelers to the UK from mainland China. The Immigration Skills Charge exemption for certain Senior or Specialist Worker applications has come into force. The High Court has ruled in an important case for pre-settled status holders. Phased priority service has returned for pending family status applications. Certificate of Sponsor allocation requests are causing headaches. Potential new immigration policies have been leaked to the press.

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

8. ABIL Member / Firm News – ABIL Member / Firm News

Download

ABIL Global Immigration Update – February 2023

1. TRUSTED TRAVELER PROGRAMS: AN OVERVIEW

This article provides an overview of trusted traveler programs in several countries.

Canada and the United States

After finally arriving in Canada or the United States, have you ever waited hours in line at the port of entry just to cross the border? If you are tired of this, the solution may be the Nexus card—designed for the low-risk, frequent traveler seeking expedited border crossing.

Membership in the NEXUS program can significantly reduce wait times by granting privileges for five years that regular travelers do not have: dedicated processing lanes at land border crossings including designated preclearance security check lanes, access to NEXUS kiosks when entering Canada, access to the U.S Global Entry kiosk, and the ability to call a marine telephone reporting center to report a marine entry in Canada or the U.S.

For almost all travel between Canada and the United States, citizens of the two countries may travel without a passport and just a Nexus card. However, for travel by air from Canada to the United States, traveling with just the Nexus card is only accepted at the eight major Canadian airports (YYZ, YVR, YYC, YUL, YEG, YWG, YOW, YHZ) with a U.S. preclearance area.

Who is eligible to apply for this Trusted Travel Document? What are the prerequisites?

• Canadian and American citizens, and Mexican citizens who are members of the Viajero Confiable (Trusted Traveler) program
• Permanent residents of Canada and the United States after residing in their respective country for at least three years
• Those admissible to Canada or the United States under immigration laws
• Those who can pass risk assessments by both countries—those convicted of a serious criminal offense in any country without pardon may be disqualified

Permanent residents exempt from the three-year rule include individuals in the Canadian or American armed forces serving in a foreign country and their family members, or individuals serving at a Canadian or American diplomatic mission or consular post in a foreign country and their family members.

Applicants need proof of birth, identification, citizenship or residency documents, and a $50 USD processing fee. There is no charge for children under 18.

Upon conditional approval, individuals will be contacted to schedule an interview at a NEXUS Enrollment Center, where they will be interviewed by a Canadian Border Services Agent and/or a U.S. Customs and Border Protection officer. The official will verify the accuracy of the information on the application, check identity and review original documents, and take fingerprints.

Anyone who has been arrested, charged, or convicted of an offense in the past should seek legal advice before attempting to enroll in NEXUS. Similarly, those who have had a Customs violation may be disqualified. There are also immigration implications to enrollment; individuals who travel on business or for work should consult an immigration professional before proceeding.

If accepted into NEXUS, the official will take photos of the new member’s irises for identification with the Canadian self-serve kiosks and a headshot for the NEXUS card, and will explain the terms and conditions.

Canadian NEXUS enrollment centers were closed due to the pandemic. However, interviews at Canadian NEXUS enrollment centers (Lansdowne, Ontario, and Fort Erie, Ontario) and U.S. NEXUS enrollment centers have recently resumed, so there is hope that others will soon be able to enroll and take advantage of this program. All Canadian applicants are advised to schedule their appointments at the nearest U.S enrollment center. https://www.cbp.gov/travel/trusted-traveler-programs/nexus/enrollment-centers/canada

Schengen Area

The European Travel Information and Authorization System (ETIAS) is an automated IT system proposed by the European Commission to strengthen security and control irregular migratory risks posed by persons who travel visa-free to the European Union (EU). In addition, ETIAS is expected to ease the process of crossing borders for the vast majority of travelers who do not pose such risks. Therefore, every non-EU national who wants to travel to the Schengen area will be required to apply through the ETIAS system before taking a trip.

The ETIAS process starts with completing an online application form. After the form is submitted, the system will conduct checks and, if there are no complications, issue a travel authorization within minutes. This is expected to ease border checks, avoid bureaucracy and delays for travelers at the EU borders, reduce the risk of irregular migration from third-country nationals, and reduce the number of refusals at border crossing points.

Details:

• “ETIAS: Your European Travel Authorisation,” Mazzeschi S.r.l. https://www.mazzeschi.it/etias-your-european-travel-authorisation/

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2. FRANCE

There is a new draft immigration bill under review. The remuneration thresholds have been updated after an increase in the minimum wage. ETIAS is provisionally targeted to deploy in November 2023. Management of the employer tax has been transferred.

Immigration Bill

A draft immigration bill was submitted to the French Council of State on December 20, 2022, and is under review. It will be presented to the Council of Ministers before being examined by the Senate and then by the National Assembly, in first reading. This will be the thirtieth immigration law since 1980.

Among the measures that directly concern professional immigration are:

• The creation of an “occupations in shortage” residence permit for sectors lacking sufficient numbers of workers. This permit would be available to any foreigner in illegal status “who has carried out a salaried professional activity appearing in the list of occupations in shortage for at least eight months out of the last twenty-four months and who has lived in France for at least three years.”
• The creation of a “Talent—medical and pharmacy professions” status, which would apply to doctors, midwives, dental surgeons, and pharmacists.
• The merger of the Talent Passport—Business Creation, innovative economic project, and economic investment permits into a single status, “Talent project bearer.”

Update of Salary Thresholds for Certain Statuses After Increase in Minimum Wage

Following the increase in the minimum wage on January 1, 2023, the minimum salary threshold to be eligible for “qualified employee Talent Passport” status is now 3,418.56 euros gross per month, and that of the “Employee on assignment Talent Passport” increases to 3,076.71 euros. The threshold of the European Blue Card Talent Passport is unchanged, at 4,486.37 euros gross per month.

ETIAS (European Travel Information and Authorization System)

The European Commission announced the deployment of ETIAS for November 2023, but this is only a provisional date.

Travelers not subject to a Schengen visa requirement must request prior authorization online before traveling to countries in the Schengen area. This system is comparable to the Electronic System for Travel Authorization in the United States.

Transfer of Employer Tax Management from OFII to DGFiP

An employer tax is due when a third-country national worker enters the French labor market, whether it is an initial entry or a change of status. For contracts or secondments of more than 12 months, it is 55% of the amount of the gross monthly salary of the employee, within the limit of 2.5 times SMIC, i.e., 2,350 euros at most.

As of January 1, 2023, the General Directorate of Public Finances (DGFiP) is responsible for managing and collecting the tax payable by employers of foreign labor provided for in Article L. 436-10 of the CESEDA and managed by the French Office for Immigration and Integration (OFII) until that date.

This tax will now be declared and paid annually and in arrears. Thus, the tax will be due for hires made during a year, and will be declared and paid in support of the Value-Added Tax (VAT) return the following year. The first steps for the tax due for 2023 will take place in February 2024.

To help companies calculate the amount of employer tax due to report on the VAT form, a calculation aid sheet will be available on the DGFiP website.

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3. ITALY

The Italian government has set new quotas for non-European Union workers. Italy has introduced a new work visa for seafarers. The United Kingdom and Italy have signed an agreement on the exchange of driver’s licenses. Italy has set new entry measures for inbound passengers arriving from China.

New Quotas for Non-EU Workers

The Italian government has set 82,705 quotas to be allocated for 2023 to different categories of non-European Union (EU) citizens who intend to work in the country:

• 44,000 are reserved for entries for seasonal work.
• 31,205 quotas are for subordinate work, but only for specific sectors of activity and for certain nationalities.
• 7,000 are reserved to permit conversion for foreign citizens already in possession of a residence permit in Italy or the EU (study, seasonal work, permanent) intending to change status, i.e., to convert the existing permit into a permit for employment/self-employment.
• 500 quotas are for self-employment work, namely for entrepreneurs; startuppers; professionals; well known artists; Chairman, CEO, Member of board of directors, Auditor in an Italian company active since at least 3 years).

New Work Visa for Seafarers Launched

A new work visa for seafarers does not require the applicant to apply for a work permit beforehand, unlike many other kinds of work visas. The visa allows multiple entries for 365 days. It can be applied for even in the case of non-European Union (EU)-flagged vessels provided that they are docked in Italy. Seafarers working for either an Italian or a non-EU company can apply for this type of visa. A permit of stay is not required while working on the ship, but if disembarking in Italy, the worker must apply for a permit of stay within eight days. Seafarers can apply at any Italian consulate regardless of the country of residence. Documents must include:

• A formal request from the shipping company
• A job contract
• A service agreement if the seafarer is not an employee of the shipping company
• A ship registry certificate
• An official letter signed by the Italian Port Captain (Capitaneria di Porto)

United Kingdom and Italy Sign Agreement on Exchange of Driver’s Licenses

On December 23, 2022, the governments of the United Kingdom (UK) and Italy signed an agreement for exchanging driver’s licenses. Once it enters into force, a citizen of the UK, Crown Dependencies, or Gibraltar, residing in Italy will be able to exchange a UK license for an Italian license without the need to take a test. The agreement also provides for the exchange of expired licenses for up to five years after their date of expiration as well as lost and stolen licenses, subject to domestic procedures.

According to a statement from the British Embassy in Rome, the two governments are “working hard” to bring the agreement into effect as quickly as possible after ratification on both sides. In the meantime, the right to drive in Italy for those residents before December 31, 2022, with a valid UK license has been extended to December 31, 2023.

New Entry Measures Set for Inbound Passengers From China

To limit the spread of COVID-19, Italy has set new entry measures for inbound passengers arriving from China, including the special administrative regions of Hong Kong and Macau. The new requirements include submitting a certificate to the carrier before embarking as evidence of having taken a molecular test in the preceding 72 hours or an antigen test in the preceding 48 hours, with a negative result.

Travelers from China also must take an antigen swab test at the airport upon arrival or, if this is impossible, at the competent local health authority within 48 hours from entry. Additional requirements apply if the test is positive.

For more information, see https://www.esteri.it/en/ministero/normativaonline/focus-cittadini-italiani-in-rientro-dall-estero-e-cittadini-stranieri-in-italia/

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4. MEXICO

New governmental fees for several immigration procedures are in place for 2023.

On November 14, 2022, a decree enacting the Federal Income Law for Fiscal Year 2023 was published in the Official Gazette of the Federation. The decree specifies new governmental fees for immigration procedures.

As of January 1, 2023, the National Immigration Institute will charge a governmental fee for some immigration processes in Mexico that formerly were conducted at no charge, including:

• Employer’s license (Constancia de Inscripción de Empleador [CIE]) granted to Mexican companies to hire foreigners in Mexican National Territory
• Update of the employer’s license
• Pre-approval process for a work visa
• Pre-approval process for a family reunion visa

Details:

• New fees, Government of Mexico. https://www.gob.mx/inm/articulos/conoce-las-nuevas-tarifas-de-pagos-de-derechos-2023?idiom=es (in Spanish, with English translation available)

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5. RUSSIA

Permanent residence permit criteria for foreign investors has been established. Fingerprinting capabilities are expanded to all territorial divisions of the Ministry of Internal Affairs. IT specialists and foreign investors are no longer required to obtain temporary residence permits before applying for permanent residence. New regulations are in force for foreign residents extending their visas. Medical insurance details are no longer required to be included in most labor agreements with foreign workers. Russia announces mutual recognition of visas Between the Russian Federation and the Republic of Belarus.

Permanent Residence Permit: Criteria for Foreign Investors Established

On January 11, 2023, an Order of the Government of the Russian Federation came into force that establishes criteria for foreign investors. Foreign investors can now apply for permanent residence using a simplified procedure:

• Shortened processing time (3 months)
• No requirement to apply for a temporary residence permit first

Along with foreign citizens considered to be foreign investors according to the established criteria, residence permits can be received by their family members also using the simplified procedure.

Fingerprinting Capabilities Expanded

As of January 1, 2023, fingerprinting can be done in all territorial divisions of the Ministry of Internal Affairs of the Russian Federation regardless of the address registration (place of stay or residence of a foreign national). Practitioners recommend that all foreign citizens complete fingerprinting, photographing, and medical examination procedures in the Russia region where they perform work activities to avoid any technical difficulties.

IT Specialists, Foreign Investors Not Required to Obtain Temporary Resident Permits Before Applying for Permanent Residence

Foreign citizens who are IT specialists or foreign investors can apply for a permanent residence permit without obtaining a temporary residence permit first. Requirements include:

• IT Specialists: Documentation confirming formal education in IT, employed by companies accredited as IT companies, in a position requiring skills and knowledge in IT.
• Foreign investors: This category awaits criteria to be set by the government. A foreign national will be required to present a document confirming status as a foreign investor.

The processing time for these types of applications was shortened and is up to three months from the filing date.

New Regulations in Force for 2023 for Foreign Citizens Extending Visas

Foreign citizens who filed documents for a temporary residence permit (TRP) or permanent residence permit (PRP) can extend their visas when they file the residence permit application. Visas will be extended for the duration of the review of the application for TRP or PRP.

Medical Insurance No Longer Required in Labor Agreements With Most Foreign Workers

As of January 1, 2023, foreign workers are no longer required to have voluntary medical insurance, and their employers no longer need to include medical insurance details in labor agreements with the workers, except for highly qualified specialists who temporarily reside in the territory of the Russian Federation. Family members of the latter also must have valid voluntary medical insurance certificates for the entire period of their stay in Russia.

Some practitioners believe that highly qualified specialists who acquired residence permits on the basis of their HQS work permits will also be exempt from the voluntary medical insurance requirement because when they receive the residence permits, they “transfer” from the category of those who “temporarily reside” to the category of “permanent resident.”

Russia Announces Mutual Recognition of Visas Between the Russian Federation and the Republic of Belarus

On February 1, 2023, a federal law ratifying an agreement between the Russian Federation and the Republic of Belarus introducing mutual recognition of visas entered into force. Once the agreement becomes effective, foreign citizens who have received a visa of any type to enter the Russian Federation will also be able to enter and stay on the basis of that visa, during the validity period, in the Russian Federation and in the territory of the Republic of Belarus.

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6. UNITED KINGDOM

Negative pre-departure COVID tests are required for travelers to the UK from mainland China. The Immigration Skills Charge exemption for certain Senior or Specialist Worker applications has come into force. The High Court has ruled in an important case for pre-settled status holders. Phased priority service has returned for pending family status applications. Certificate of Sponsor allocation requests are causing headaches. Potential new immigration policies have been leaked to the press.

Negative Pre-Departure Tests for Travelers to the UK From Mainland China

As of January 5, 2023, airlines need to check that travelers from mainland China have negative COVID-19 tests taken no more than two days before departure. Children ages 11 and under do not need to be tested. The advice confirms that testing applies to all direct and indirect flights from mainland China to the United Kingdom (UK).

No Immigration Skills Charge for Some Senior or Specialist Worker Applications

The Immigration Skills Charge exemption for certain Senior or Specialist Worker (previously known as Intra-Company Transfer [ICT]) applications came into force on January 1, 2023, as anticipated. The Immigration Skills Charge is normally £1,000 per year of the visa. The exemption is for international transfers within the same corporate group for up to three years, where the sponsored worker is a European Union (EU) or Latvian noncitizen (not a citizen of Iceland, Norway, Liechtenstein, or Switzerland) and is transferring from a business established in the EU.

Unlike the Skilled Worker visa, Senior or Specialist Worker visas do not lead to settlement (indefinite leave to remain). But with the potential for the Immigration Skills Charge exemption and no English-language requirement, some sponsors may consider using it for transfers up to three years.

High Court Rules in Important Case for Pre-Settled Status Holders (Home Office to Appeal)

The High Court ruled in a potentially very significant case that the UK’s EU Settlement Scheme is incompatible with the Withdrawal Agreement upon which the UK left the EU. In particular, the court ruled that the almost three million EU citizens granted pre-settled status should not have to apply for settled status (a type of indefinite leave to remain) after five years in the UK. This could be a positive development for employers of EU citizens with pre-settled status, but the Home Office is expected to appeal the decision.

Phased Priority Service Returns for Pending Family Visa Applications

After being suspended last summer, most priority services for visa applications submitted outside the UK have long returned, including for work visas. However, priority services for family visa applications have been left until last. In a positive development, since January 9, 2023, UK Visas and Immigration (UKVI) has been contacting family visa applicants in date order to offer them use of the priority service. Less positive is the extra £573 UKVI fee. For those who purchase the priority service, their application should be completed within 15 working days. Standard processing times have been around 24 weeks, so applicants will need to decide whether the faster processing time is worth it for them. The priority service is expected to be reintroduced to new family visa applicants in early 2023.

Certificate of Sponsor Allocation Requests Cause Headaches

Many sponsors will be familiar with the current tedious delays and bureaucracy of obtaining an extra Certificate of Sponsor (CoS) to sponsor someone. The issues can be particularly troubling where a sponsored worker’s visa is about to expire and a CoS is urgently needed to submit their application. UKVI has publicized its “sponsorship transformation project,” and it is hoped that automation of CoS allocations for most sponsors will happen soon.

Potential New Immigration Policies Leaked to Press

As ever, immigration policy has been hitting the news headlines in the last month. While nothing has been formally announced or confirmed, leaks to the media in December and January include talk of increasing the minimum income required for spouse/partner applications, increasing minimum salary levels for jobs on the shortage occupation list, and restrictions to the Graduate visa route, such as reducing the visa from two years to six months.

Talk of restricting immigration is at odds with staffing shortages many employers are experiencing. There has been some interesting research on this issue post-Brexit.

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7. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: https://www.abil.com/

• ABIL is also available on Twitter: https://twitter.com/abilimmigration

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8. ABIL Member / Firm News

Many ABIL members were recognized by EB-5 Investors Magazine’s Top 25 awards:

Top 25 Immigration Attorneys (https://www.eb5investors.com/magazine/article/eb5-top25-winners-immigration-attorneys):

Joseph Barnett – WR Immigration

Nicolai Hinrichsen – Miller Mayer

John Meyer – Foster LLP

Anusree Nair – Klasko Immigration Law Partners

Kristal Ozmun – Miller Mayer

Top 10 Attorneys in Specialized Fields (https://www.eb5investors.com/magazine/article/eb5-top25-winners-specialized-fields):

Charles Foster – Foster LLP

Ronald Klasko – Klasko Immigration Law Partners

Bernard Wolfsdorf – WR Immigration

Stephen Yale-Loehr – Miller Mayer

Top 5 Litigation Attorneys (https://www.eb5investors.com/magazine/article/eb5-top25-winners-litigation-attorneys):

Ira Kurzban – Kurzban Kurzban Tetzeli & Pratt

Daniel Lundy – Klasko Immigration Law Partners

IMMPact Litigation (which includes ABIL firms Joseph & Hall PC, Kuck Baxter Immigration LLC, and Siskind Susser PC, along with Bless Litigation), along with several other entities, filed a federal class action lawsuit against U.S. Citizenship and Immigration Services challenging delays in processing unlawful presence waivers. Plaintiffs are spouses of U.S. citizens and permanent residents who cannot work in the United States lawfully and remain subject to removal due to the delays. https://www.aila.org/advo-media/press-releases/2023/class-action-filed-against-uscis-for-extreme

Kingsley Napley immigration partner Kim Vowden was quoted in The Times this month: “UK doctors call for simplification of visa rules to stem GP shortage.” She said that “[g]etting a sponsor licence is usually straightforward but operating it properly and complying with the duties which come with it can be hard for businesses which are trying to do it by themselves.”

Klasko Immigration Law Partners, LLP, has published “Client Alert: New Settlement Agreement Favorably Impacts H-4 and L-2 Dependent Spouses.” https://rb.gy/rjsjms

Charles Kuck (bio: https://www.abil.com/abil-lawyers/charles-kuck/) spoke about the Title 42 case pending at the U.S. Supreme Court on Georgia Public Broadcasting News’s “Political Rewind” on January 5, 2023. https://www.gpb.org/news/2023/01/05/political-rewind-kemp-wont-support-early-democratic-primary-mccarthy-fight-be

Mr. Kuck released a video, “Immigration Wants Your Money!!,” concerning new proposed fee increases. https://www.linkedin.com/video/live/urn:li:ugcPost:7016465693705465856/

Mr. Kuck was quoted by Law360 in “Ukrainians Seek To Claw Back $80M in Work Permit Fees.” Mr. Kuck said, “America should be disappointed in the way that USCIS has failed to hold itself accountable for the clear error of law it made when it charged vulnerable and desperate Ukrainian parolees for a work permit they did not need. Belatedly recognizing its mistake does not repair the damage done and the USCIS’ refusal to pay back its ill-gotten gains should appall all Americans.” https://www.law360.com/articles/1564727/ukrainians-seek-to-claw-back-80m-in-work-permit-fees (registration required)

Cyrus Mehta (bio: https://www.abil.com/abil-lawyers/cyrus-d-mehta/) and Kaitlyn Box co-authored a new blog post: “The Tension Between State Wage Transparency Laws and Labor Certification Recruitment.” http://blog.cyrusmehta.com/2023/01/the-tension-between-state-wage-transparency-laws-and-labor-certification-recruitment.html

Mr. Mehta served as the Chair of the Practising Law Institute’s Basic Immigration Law 2023 program on February 2, 2023. This program covered business, family, naturalization, and related areas and featured prominent immigration practitioners and government officials. https://www.pli.edu/programs/B/basic-immigration-law

Mr. Mehta served as the Chair of the Practising Law Institute’s program, “Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Immigration Relief,” on February 3, 2023. https://www.pli.edu/programs/A/asylum-special-immigrant-juvenile-status-crime-victim-and-other-immigration-relief

Mr. Mehta was quoted by the Times of India in “In U.S. Layoffs, More Poignant Stories and Helplines Emerge,” on layoffs of H-1B workers in the United States. https://timesofindia.indiatimes.com/business/india-business/in-us-layoffs-more-poignant-stories-and-helplines-emerge/articleshow/97429374.cms

Mr. Mehta and Manjeeta Chowdhary co-authored a new blog post: “How the Humanitarian Parole Program at the Border Can Serve as a Template for Further Relief Under the Broken Immigration System.”

Mr. Mehta and Jessica Paszko co-authored a new blog post: “2022 in Perspective From The Insightful Immigration Blog.” http://blog.cyrusmehta.com/2022/12/2022-in-perspective-from-the-insightful-immigration-blog.html

Mr. Mehta and Kaitlyn Box co-authored several new blog posts: “United States v. Hansen: Supreme Court Once Again Agrees to Hear Constitutionality of a Smuggling Statute That Could Impact Immigration Lawyers,” http://blog.cyrusmehta.com/2022/12/united-states-v-hansen-supreme-court-once-again-agrees-to-hear-constitutionality-of-a-smuggling-statute-that-could-impact-immigration-lawyers.html; and “Immigration Enforcement and Prosecutorial Discretion Go Hand in Hand: Will the Supreme Court Upset the Balance?” http://blog.cyrusmehta.com/2022/12/immigration-enforcement-and-prosecutorial-discretion-go-hand-in-hand-will-the-supreme-court-upset-this-balance.html

Nick Rollason (bio: https://www.abil.com/abil-lawyers/nicolas-rollason/), Kingsley Napley‘s Head of Immigration, and Louise Hodges, Head of Criminal Litigation, were named Corporate Immigration Lawyer of the Year and Investigations Lawyer of the Year, respectively, by the Who’s Who Legal Awards in November 2022. Kingsley Napley was named Independent Law Firm of the Year.

Seyfarth Shaw has published “New Year, New Fees? Proposed USCIS Fee Increases.” https://www.seyfarth.com/news-insights/new-year-new-fees-proposed-uscis-fee-increases.html

Sidley Austin LLP served as pro bono counsel in Cook County, Illinois v. Mayorkas, which the Supreme Court recently declined to review. The Court denied a certiorari petition filed by Texas and 13 other states that sought to revive a Trump-era public charge rule that was vacated nationwide.

WR Immigration has published several new blog posts: “Green Card Processing Slow Down Ahead: What Companies Can Expect and How to Prepare,” by Laura Bloniarz, Senior Associate, https://wolfsdorf.com/green-card-processing-slow-down-ahead-what-companies-can-expect-and-how-to-prepare/; and “Visa Bulletin for January 2023 Reports on Availability in the Employment First Category for China and India, Unavailability of Religious Workers Category,” https://wolfsdorf.com/visa-bulletin-for-january-2023-reports-on-availability-in-the-employment-first-category-for-china-and-india-unavailability-of-religious-workers-category/

WR Immigration has published “End of the Year Recap.” This article looks back at all that happened in 2022, including some of the biggest webinars, awards, and news from WR Immigration. https://wolfsdorf.com/wr-immigration-end-of-the-year-recap/

WR Immigration has launched a new video series: Overview of the H-1B Cap Process. https://wolfsdorf.com/video-series-overview-of-the-h-1b-cap-process2/

WR Immigration has published “5 Takeaways From the 2022 State Department Annual Report.” https://wolfsdorf.com/5-takeaways-from-the-2022-state-department-annual-report/

Charlie Oppenheim, formerly the Department of State’s Chief of Immigrant Visa Control and Reporting, has joined WR Immigration as Director of Visa Consulting Services and will lead WR’s Government Relations Group. For more than two decades, Mr. Oppenheim was responsible for the monthly and annual use of visa number allocations. In that capacity, he regularly provided analysis and assessment of the impact of proposed legislation on visa availability and workload impact for overseas posts. The WR Immigration announcement is at https://wolfsdorf.com/former-dos-chief-of-immigrant-visa-control-charlie-oppenheim-joins-wr-immigration-as-director-of-visa-consulting/ The first “Chatting with Charlie” webinar, “Demystifying the Immigrant Visa Backlogs and Looking at the Crystal Ball,” will be held Thursday, December 15, 2022, at 11 a.m. PT. For more information, see “New Publications and Items of Interest,” above.

Stephen Yale-Loehr (bio: https://www.abil.com/abil-lawyers/stephen-yale-loehr/) was quoted by South China Morning Post in “U.S. Extends Special ‘Safe Haven’ Status for Hongkongers Seeking Refuge.” Mr. Yale-Loehr said that even if the temporary “safe haven” extension had not been granted in time, that would not have meant Hongkongers in the United States would have been deported immediately. “You cannot just pick someone up and kick them out. There’s due process for everyone in the United States,” he said. First, the Department of Homeland Security would have to issue a subpoena for individuals to appear before an immigration judge, and then those individuals could apply for asylum, a first step to a green card, he said. https://www.scmp.com/news/china/article/3208136/us-extends-special-safe-haven-status-hongkongers-seeking-refuge

Mr. Yale-Loehr was quoted by CBS News in “U.S. Proposes Hiking Fees for Work-Related Immigration Applications to Fund Asylum Program.” Mr. Yale-Loehr said, “The USCIS needs more money to help dig itself out of a massive backlog and to modernize its technology. But it might not legally be able to force employers to pay for asylum-related costs. Employers might sue to block some of the new fee increases if they don’t seem justified.”

Mr. Yale-Loehr was quoted by Law360 in “Top Immigration Cases to Watch in 2023.” Mr. Yale-Loehr said, “The immigration courts are certainly overwhelmed. They have 1.9 million cases pending and many of these cases involve important issues, like whether someone will be persecuted or killed if they go back home. It’s like trying to decide death penalty cases in a traffic court setting.” Regarding the growing number of mandamus cases in federal court challenging delayed applications, visas, and work permits, he noted, “I think we’re going to see some tension there between people saying, ‘I’ve got to sue because I’ve been waiting for two years,’ and whether federal courts will go along with that or not.” https://www.law360.com/immigration/articles/1553281/top-immigration-cases-to-watch-in-2023 (registration required)

Mr. Yale-Loehr was quoted by Voice of America in “Courts Set to Shape U.S. Immigration Policy in 2023.” Mr. Yale-Loehr said, “Courts are not a good way to manage immigration.” Also, commenting on United States v. Texas, Mr. Yale-Loehr said that based on the oral arguments in 2022, it is not clear how the Supreme Court will rule. https://www.voanews.com/a/courts-set-to-shape-us-immigration-policy-in-2023/6915829.html

Mr. Yale-Loehr was quoted by Morningstar in ” ‘We Need More People,’ Says Fed’s Powell. What Does That Mean for Immigration Reform?” Powell’s remarks could be seen as part of a slow process that eventually results in long-awaited fixes to the U.S. immigration system, Mr. Yale-Loehr said. “To me, it’s like water dripping on a rock. A single drop of water, whether it’s from Fed Chairman Powell or somebody else, won’t make a difference by itself. But if enough drips of water from other people and other studies consistently show that immigration can help our labor shortages and improve our economy, then I hope that will move the needle so that Congress will seriously take up immigration reform in 2023.” Issues on Mr. Yale-Loehr’s wish list for 2023 include “helping the Dreamers to be able to achieve some kind of permanent status and reforming our border-security measures so that we can admit those people who really do need or will qualify for asylum, but otherwise deport people after a hearing if they don’t qualify under immigration laws,” “modernization in our agriculture industry,” and passage of the Afghan Adjustment Act “to allow people who came from Afghanistan a permanent path to citizenship.” That would be “an awful lot to accomplish in one year” and a “hard battle” in an increasingly polarized Congress, he added. Mr. Yale-Loehr noted that the Biden administration can act on its own on some immigration issues, and that grassroots efforts eventually might end up spurring U.S. lawmakers to do more. https://www.morningstar.com/news/marketwatch/20230111426/we-need-more-people-says-feds-powell-what-does-that-mean-for-immigration-reform

Mr. Yale-Loehr was quoted by USA Today in “As Biden Hunts for Answers to Migrant Crisis, His Policies Are Increasingly Tied Up in Court.” Commenting on a Biden administration effort to create a new rule to expedite the removal of migrants who travel through Mexico but do not claim asylum there, Mr. Yale-Loehr said, “The devil will be in the details: How will the administration define a credible fear? How much time will people have to prepare for their hearing? If only a few days or weeks, few people will be able to gather their evidence or find an attorney.” Regarding the Biden administration’s development of immigration-related policies, he said, “Organizations have sued to stop administrative changes on both substantive and procedural grounds. Groups can usually find sympathetic judges to [halt] an administration’s immigration policy change.” https://www.usatoday.com/story/news/politics/2023/01/09/biden-immigration-mexico-amlo-supreme-court/10989696002/

Mr. Yale-Loehr was quoted in several media outlets on Title 42 issues:

• “Title 42 to Remain in Place for Now as Chief Justice John Roberts Temporarily Freezes Order Meant to End It,” CNN, Dec. 19, 2022. Mr. Yale-Loehr said, “This is a longstanding problem. More people are fleeing persecution, gang violence, failed states and climate change than ever before. Even without Title 42, we would have more people than ever before trying to enter the United States. Title 42 is not an effective way to manage our borders. Instead, we need to both enact immigration reform in the United States and work with other countries so that people don’t feel so desperate to leave in the first place.”
• “Chief Justice Roberts Pauses Lifting of Title 42, Keeping Migrant Policy in Place for Now,” USA Today, Dec. 19, 2022. Mr. Yale-Loehr said, “People worry that terminating Title 42…will mean more people will try to enter the United States from Mexico. But those pressures existed before the Trump administration implemented Title 42. Climate change, poverty, gang violence, and failed states all contribute to people’s desperation to move.”

Mr. Yale-Loehr and Jacob Hamburger co-authored an op-ed, “On Immigration, Do Feds or States Rule?,” published by New York Daily News. https://www.nydailynews.com/opinion/ny-oped-immigration-federalism-20221219-haoe6hs6ajedbo2joe5nz6itxq-story.html

Mr. Yale-Loehr co-led a research project reported in “Multi-Stakeholder Perspectives on Digital Tools for U.S. Asylum Applicants Seeking Healthcare and Legal Information,” published by the Association for Computing Machinery’s Digital Library. Through semi-structured interviews with 24 asylum applicants currently in the United States and 13 healthcare and legal professionals working with asylum applicants and other immigrants, the study identified four key challenges and barriers to using currently available digital tools: information uncertainty, accessibility, emotional barriers, and contextual sensitivity. The findings highlight the importance of considering multiple stakeholders’ perspectives when designing tools for immigrants. The report provides targeted design recommendations to create digital tools for asylum seekers and the stakeholders who support them. Research funding came from the Cornell Migrations initiative supported by The Andrew W. Mellon Foundation; Cornell’s Office of Academic Integration; and the Cornell Immigration Law and Policy Program, which is partly funded by the Charles Koch Foundation. The report is at https://dl.acm.org/doi/10.1145/3555642

A related article, “Better Digital Tools Could Help Immigrants Access Benefits,” published by the Cornell Chronicle, notes that fear of tracking hinders immigrants in accessing online resources and benefits. The article discusses the study’s recommendation to mitigate those concerns: websites, apps, social media, and other digital tools disseminating information to immigrants should collect the minimum personal data necessary and clearly state privacy policies. The research that Mr. Yale-Loehr co-led resulted in development of a website to help immigrants understand their eligibility for certain public benefits, Rights 4 Health. The article is at https://news.cornell.edu/stories/2022/12/better-digital-tools-could-help-immigrants-access-benefits

Mr. Yale-Loehr was quoted by the New York Times in “Government Appeals Border Ruling, But Says It’s Ready to End Expulsions.” The article discusses the Biden administration’s appeal of a court order directing it to repeal a pandemic-era policy known as Title 42 that has allowed the rapid expulsion of migrants at the U.S. border with Mexico, even though an administration official said the government still planned to end the expulsion policy soon. The article notes that some legal scholars said the appeal suggested that the government was not abandoning Title 42 altogether or conceding that the policy was illegal. Mr. Yale-Loehr said, “They want to be able to use Title 42 if they choose to do so in the future.” https://www.nytimes.com/2022/12/07/us/biden-title-42-appeal.html (subscription required)

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