In this issue:

1. EMPLOYMENT OPTIONS FOR STUDENTS AFTER GRADUATION: AN OVERVIEW – This article provides an overview of employment options for students after graduation in several countries.

2. CANADA – Canada is transitioning to 100 percent online applications for most permanent residence programs by the end of October 2022. Also, according to unofficial reports, Canada may drop some COVID-19 vaccine-related restrictions for travelers by the end of October 2022.

3. PERU – This article discusses the Artist visa for foreigners coming to perform artistic activities in Peru.

4. RUSSIA – Citizens of Ukraine can remain indefinitely if they meet certain requirements.

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

6. ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – October 2022

1. EMPLOYMENT OPTIONS FOR STUDENTS AFTER GRADUATION: AN OVERVIEW

This article provides an overview of employment options for students after graduation in several countries.

Canada

The Post-Graduation Work Permit Program (PGWPP) allows students who have graduated from eligible Canadian designated learning institutions (DLIs) to obtain an open Canadian work permit to gain Canadian work experience.

Skilled Canadian work experience in National Occupational Classification (NOC) skill type 0 or skill level A or B that is gained through the PGWPP helps graduates possibly qualify for Canadian permanent residence in Canada through the Canadian Experience Class (CEC) within Canada’s Express Entry program.

A post-graduation work permit may be issued based on the length of the study program for a minimum of eight months up to a maximum of three years. Applicants must apply for a post-graduation work permit (PGWP) within 180 days of obtaining written confirmation, such as an official letter or transcript, from the DLI where they studied indicating that they have met the requirements for completing their program of study. An applicant can receive only one post-graduation work permit in a lifetime (non-renewable).

Students are not eligible for a post-graduation work permit for completing:

• An English as a second language or French as a second language course or program of study
• General interest or self-improvement courses
• A course or program of study at a private career college

More information on the PGWPP is at

Italy

Students who are holding a valid study residence permit (permesso di soggiorno per studio) can work in Italy up to 20 hours per week, up to 1040 hours per year. However, those who want to work in Italy full-time or remain in Italy after the expiration of their permit must convert the study permit into a permit for employment or self-employment.

Who can apply for permit conversion?

• Holders of a valid study residence permit who get a full-time job offer can apply for conversion into a residence permit for subordinate work (permesso di soggiorno lavoro subordinato).
• Holders of a valid study residence permit meeting the requirements for self-employment in Italy can apply for conversion into a residence permit for self-employment (permesso di soggiorno lavoro autonomo).

When should the student apply?

A student must apply for the conversion while the residence permit for study is still valid, and:

• The student should apply after the publication of the annual Decreto flussi, which determines the numbers of work permits reserved for a certain category of applicants (“quotas” are normally released every year between December and February. Quotas are allocated on a first-come, first-served basis); or
• Those who hold an accredited Italian degree or a postgraduate degree can apply at any time regardless of the quota limitation.

What if the student needs more time for job-searching in Italy?

Those who hold an accredited undergraduate/graduate degree, PhD, university master’s degree, first/second-level academic degree, or Higher Technical Institute diploma can register as unemployed and apply for a permit for the purpose of job searching or entrepreneurship (Permesso di soggiorno per ricerca lavoro o imprenditorialita’ degli studenti). This kind of permit allows students to legally live in Italy after their graduation while searching for a job or to start a business for up to one year.

For further information, see https://www.mazzeschi.it/convert-residence-permit-from-study-to-work-purpose-faqs/

Turkey

Turkey is not an inbound country for students from a large number of countries, and there are no special work authorization categories for graduating students. They must independently qualify for a work permit in a similar manner to any other foreigner who graduated from an educational institution abroad.

Article 43 of the Regulations on the Law on International Workforce further restricts under what circumstances a foreign student in a Turkish educational institution may apply for a work permit.

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2. CANADA

Canada is transitioning to 100 percent online applications for most permanent residence programs by the end of October 2022. Also, according to unofficial reports, Canada may drop some COVID-19 vaccine-related restrictions for travelers by the end of October 2022.

Online Applications

On September 1, 2022, the Government of Canada announced its decision to strive toward a digitalized immigration system, as committed to in January 2022, by transitioning to 100 percent mandatory online applications for most permanent residence programs by the end of October 2022.

The Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship, said this shift is intended to expedite processing times, reduce backlogs, and improve client experiences. The Minister said, “By adding resources where they are needed and leveraging technology to make processing faster and applying easier for our clients, we can give newcomers and new citizens the welcoming experience they deserve.”

In addition, starting this fall, Immigration, Refugees and Citizenship Canada (IRCC) plans to further improve the online processing times tool to provide applicants with more accurate estimates of timeframes for application processing.

Below are highlights of these developments.

What has changed as of September 23, 2022?

Permanent residence applications. Since March 31, 2021, some applicants have been able to apply for permanent residence online via the new individual PR Portal. In September 2021, authorized representatives, such as lawyers, were able to submit PR applications online on behalf of clients via the new PR Representative Portal. However, as of September 23, 2022, most permanent residence program applicants must apply for permanent immigration programs through the PR Representative Portal/Permanent Residence Portal. The portal then sends an immediate confirmation to applicants when their applications have been successfully submitted. IRCC has confirmed that any permanent residence application that is not submitted online after the transition dates for particular categories will be returned to applicants.

Affected permanent residence programs. Those in the following permanent residence categories must submit their applications online via the portal:

• Provincial nominee program (non-Express Entry)
• Québec-selected skilled workers
• Sponsoring a spouse or partner, dependent child, or eligible relative
• Sponsoring an orphaned sibling, niece or nephew, or grandchild
• Adopting a child through the immigration process
• Rural and Northern Immigration Pilot

Throughout October, beginning on October 7, 2022, the digitization of permanent residence applications will expand to other categories:

• Québec-selected investors
• Québec-selected entrepreneurs
• Self-employed people (Québec)
• Agri-food pilot
• Start-up visa
• Temporary resident permit holders applying for permanent residence
• Home Support Worker Pilot
• Home Child Care Provider Pilot
• Humanitarian and compassionate grounds
• Self-employed people (federal)
• Atlantic Immigration Program

Who is exempt?

Applicants already in Canada. To reduce wait times for applications and increase processing capacity, permanent and temporary residence applicants who are already in Canada and meet certain criteria regarding the immigration medical exam requirement will be exempt from the requirement to submit their application online, as well as those who meet specific criteria from the immigration medical examination requirement.

Applicants who require accommodations. The exemption also extends to applicants who require special accommodations, including for individuals with disabilities. Such applicants can contact IRCC to request an alternative format to submit their permanent residence applications.

Conclusion

By the end of October 2022, IRCC’s transition to 100 percent digital applications for most permanent residence programs will be complete. This announcement represents the Government of Canada’s commitment to a modernized and digitized immigration system, as well as its objective of improving client service.

Given that the online PR portals are still evolving, and technical problems with the portals continue to persist on a daily basis, there will be challenges ahead. However, ultimately digitization will hopefully contribute to improved processing times and facilitate the process for applicants, reducing the need to produce original documents and signatures.

Vaccine Restrictions at the Canada-U.S. Border

According to unofficial reports, by the end of September, Canada may drop its COVID-19 vaccine requirement for travelers entering Canada from the United States via the Detroit-Windsor border. That border crossing handles more than 40,000 travelers each day, including commuters, truck drivers, and tourists. Canada may also end COVID-19 vaccine requirements for airport arrivals and no longer require filling out the ArriveCan app. Currently, all travelers in Canada must be fully vaccinated to travel by most air, rail, or passenger vessels. In addition, some provinces or individual businesses may continue to limit discretionary activities, such as visits to restaurants, bars, gyms, and retail shops, to individuals who can provide proof of COVID-19 vaccination.

It is unclear whether the United States will also drop similar land-border vaccine requirements. At present, all nonimmigrant, non-U.S. citizen air travelers to the United States must be fully vaccinated and provide proof of vaccination status before boarding an airplane to the United States. Fully vaccinated foreign nationals may enter the United States at land ports of entry (POEs) and ferry terminals. Fully vaccinated travelers do not need to provide a pre-entry COVID-19 test result to enter the United States by air, land, or sea. Fully vaccinated foreign travelers can travel to the United States across the Northern and Southwest borders with Canada (and Mexico). U.S. citizens and lawful permanent residents do not need to provide proof of vaccination status at land POEs and ferry terminals.

A group of Canadian legislators and border-area mayors from both countries published a letter on September 20, 2022, to Prime Minister Justin Trudeau and President Joe Biden asking them to remove the border restrictions.

Details:

• “Canada to Lift COVID Vaccine Requirement for Travelers At Border,” Detroit News, Sept. 21, 2022, https://www.detroitnews.com/story/news/local/detroit-city/2022/09/21/canada-lift-covid-vaccine-requirement/8070492001/
• “Open Letter: President Joe Biden and Canadian Prime Minister Justin Trudeau,” Sept. 20, 2022, https://twitter.com/jimdiodati/status/1572253493968408576/photo/1
• Travel to Canada: Requirements for COVID-19 Vaccinated Travellers, https://travel.gc.ca/travel-covid/travel-restrictions/covid-vaccinated-travellers-entering-canada
• COVID-19 Information – Canada, U.S. Embassy & Consulates in Canada, Sept. 9, 2022, https://ca.usembassy.gov/covid-19-information-canada-3/
• COVID-19: Travel, Testing and Borders, https://travel.gc.ca/travel-covid

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3. PERU

This article discusses the Artist visa for foreigners coming to perform artistic activities in Peru.

Concerts and artistic events are now being held again globally, after COVID-19 pandemic-related restrictions. It is once again time to consider the Artist visa for foreigners coming to perform artistic activities in Peruvian territory.

Strictly speaking, according to the law, the appropriate migratory status to authorize foreigners to perform artistic activities in Peru is called “Temporary-Artistic.” This status allows the foreigner to carry out paid or lucrative activities linked to artistic, cultural, or other similar pursuits, by virtue of a contract executed in accordance with current Peruvian legislation. This contract must be signed before the artist enters the country. It extends to the artist’s entourage.

The process must begin in MIGRACIONES’ offices in Lima before the artist and entourage enter. Once the file is approved, within 30 business days according to MIGRACIONES’ regulations (it takes longer nowadays in reality), the applicant and team go to the Peruvian consulate abroad chosen by them, where the visas are stamped in their passports.

Qualifications for this migratory status include:

• Their entry must not represent a risk to national security, internal order, or public order.
• Applicants must remain abroad until they obtain their visas granted by MIGRACIONES at the Peruvian consulate chosen abroad and indicated in their file.
• There must be a signed definitive contract executed according to current regulations to support the visa of the artist and entourage.
• Competent authorities must verify that the foreign persons will only carry out what is established in their contract.

This visa is valid for a single entry with a maximum of 90 calendar days of stay, and is not renewable.

The administrative procedure for the Temporary-Artistic Visa Application with Consular Phase is the one through which the artistic migratory status/visa will be granted. The visa, approved by MIGRACIONES, will be authorized at the corresponding Peruvian consulate at the discretion of the Peruvian state.

Required documents and requisites to be complied with to obtain this kind of visa are indicated in the MIGRACIONES’ T.U.P.A. See https://www.gob.pe/institucion/migraciones/informes-publicaciones/2770424-texto-unico-de-procedimientos-administrativos-tupa

For the approval of the visa procedure, MIGRACIONES can verify compliance with the conditions established in the related regulations applicable to migratory status. Application requests must be made for each artist/person, not as a group. Any document in a foreign language (not Spanish) must be officially translated in Peru and be apostilled or contain the corresponding legalization chain, if applicable.

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4. RUSSIA

Citizens of Ukraine can remain indefinitely if they meet certain requirements.  

By Presidential Order No. 585 of August 27, 2022, valid until further notice, citizens of Ukraine who temporarily reside in the territory of the Russian Federation can remain without limit, provided they complete fingerprinting, photographing, and medical examination within legally set deadlines.

Ukrainian citizens can perform work activities in the Russian Federation without work permits regardless of the stated purpose on migration cards. Employers must submit notifications about signing of labor agreements within three business days to the territorial division of the Ministry of Internal Affairs in the region where the foreign citizens will be employed.

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5. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: ·

The latest immigration news is at https://www.abil.com/news.cfm. ·

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

–   ABIL Members Note Immigration Threats for Employers in 2018: http://www.prweb.com/releases/2018/03/prweb15261255.htm

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

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6. ABIL Member / Firm News

Klasko Immigration Law Partners announced:

• Ronald Klasko, William A. Stock (https://www.abil.com/abil-lawyers/william-stock/), and Elise A. Fialkowski are included in the 29th edition of The Best Lawyers in America in the area of immigration law.
• Natalia Gouz, Michele Madera, Maria Mihaylova, and Karuna Simbeck are recognized in the 2023 Edition of Best Lawyers: Ones to Watch for their outstanding professional excellence in immigration law.

Klasko Immigration Law Partners released a new podcast in the “Statutes of Liberty” series. In “Episode 30: EB-5 Litigation Victory,” Mr. Klasko and Dan Lundy talk with Anu Nair about a major litigation victory on which they were co-counsel. Klasko ILP said the litigation “is significant because USCIS had put restrictions on the EB-5 regional center program that went beyond what Congress intended when it reinstated the program in March 2022, which would have killed the program for years.” Ms. Nair asks Mr. Klasko and Dan Lundy to explain the importance and the details of the settlement and what it means for regional centers and investors moving forward. https://www.klaskolaw.com/news-events/statutes-liberty-immigration-podcast/

Charles Kuck (bio: https://www.abil.com/abil-lawyers/charles-kuck/) authored “DACA Immigrants Could Hep Solve Georgia’s Workforce Shortage,” which was published by Global Atlanta as part of its annual advertising partnership with Kuck Baxter Immigration. https://www.globalatlanta.com/daca-immigrants-could-help-solve-georgias-workforce-shortage/

Robert Loughran (bio: https://www.abil.com/abil-lawyers/robert-f-loughran/) led and spoke on an American Immigration Lawyers Association panel webinar, “2022 H-1B RFE Trends and Strategies for Winning,” on August 4, 2022. Mr. Loughran and his co-panelists described how despite rates of H-1B Requests for Evidence (RFEs) decreasing during the Biden administration, immigration practitioners continue to receive RFEs from USCIS on H-1B amendments, extensions, and change of employer petitions. The panel of experts discussed the RFEs they are seeing and imparted RFE-response strategies, tips, and tricks that have been successful. https://agora.aila.org/store/products/view/2022-h1b-rfe-trends-and-strategies-for-winning

Chairman Charles Foster and Partners Avalyn Langemeier, Corina Farias, Delisa Bressler, Dorothee Mitchell, Helene Dang, John Meyer, José Pérez, Nestor Rosin, and Mr. Loughran, of Foster LLP, have been recognized in the Lawdragon 500 Leading Corporate Employment Lawyers of America guide.

Foster LLP announced that Elizabeth LaRocca has joined Foster as a Partner in Foster’s expanding Dallas office. Dana Delott also has joined the Dallas office as a Senior Attorney. Both concentrate their practices in business immigration law. https://www.fosterglobal.com/blog/foster-llp-welcomes-elizabeth-larocca-and-dana-delott/

Cyrus Mehta (bio: https://www.abil.com/abil-lawyers/cyrus-d-mehta/) and Kaitlyn Box co-authored a new blog posting: “Asylum Seekers Are Legally in the U.S. Notwithstanding the Political Stunts of Governors Abbott and DeSantis.”

Mr. Mehta and Jessica Paszko co-authored a new blog posting: “Solutions for the Family Member Who Did Not Get the Employment Based Green Card with the Principal Family Member on September 30, 2022.”

Mr. Mehta has authored several new blog postings: “Will USCIS Waste Precious Employment Based Green Cards as it Announces Push to Use as Many as Possible by September 30?,” ; and “The Legal Basis for DACA As Expressed in the Final Rule,” http://blog.cyrusmehta.com/2022/08/the-legal-basis-for-daca-as-expressed-in-the-final-rule.html

Bernard Wolfsdorf (https://www.abil.com/abil-lawyers/bernard-wolfsdorf/) was quoted by Bloomberg in “Controversial U.S. Visa Draws Rich From China to India After Reset.” Mr. Wolfsdorf said his firm, Wolfsdorf Rosenthal LLP, has been working overtime and hiring new staff to adjust to demand from countries like India, which has eclipsed the number of petitions filed from China. Drawing such investors could help prevent a brain drain because many wealthy emigrants’ children study at top U.S. schools, he said. https://bloom.bg/3Sxd0M8

Wolfsdorf Rosenthal LLP has published a new blog posting: “Demystifying the Complicated October 2022 Visa Bulletin—What Does It Mean for EB-5 Investors?” https://wolfsdorf.com/demystifying-the-complicated-october-2022-visa-bulletin-what-does-it-mean-for-eb-5-investors/

Stephen Yale-Loehr (bio: https://www.abil.com/abil-lawyers/stephen-yale-loehr/) was quoted by Univision in “Will DACA Survive? Keys to the Ruling That Keeps the ‘Dreamers’ in Legal Limbo.” Mr. Yale-Loehr explained that the U.S. Court of Appeals for the Fifth Circuit “ruled that the challenge to the [Deferred Action for Childhood Arrivals (DACA)] program must come back for further review by a lower court” (the Southern District Court of Texas). He noted that the Fifth Circuit held “that the DACA program is illegal (upheld the 2021 Texas ruling), but remanded the case to the federal trial court (Texas) to determine if a new DACA rule issued this year by the Biden administration made any difference to the legality of the program.” He said the decision “prevents immigration officials from deporting DACA recipients until a final decision in the case,” and noted that the decision “protects existing DACA recipients” (about 700,000), who can “continue to renew their status. But the uncertainty about the fate of the program remains. Congress should enact a legislative solution.” https://www.univision.com/noticias/inmigracion/sobrevivira-daca-claves-tras-fallo-que-mantiene-vivo-parte-programa (in Spanish, with English translation available)

Mr. Yale-Loehr was featured by the “Rational Middle” podcast series in “Stephen Yale-Loehr and the Stories of Immigrants.” He discussed his work in immigration law and research on refugees in the United States. https://rationalmiddle.com/podcast/episode-143-stephen-yale-loehr-and-the-stories-of-immigrants/

Mr. Yale-Loehr, faculty director of the immigration law and policy research program at Cornell Law School, announced that the Law School has hired two postdoctoral research associates, Janine Prantl and Jacob Hamburger, and two distinguished visiting scholars, Charles Kamasaki and Randel Johnson, to expand on its research capabilities in this area. In 2021, Cornell Law School received a grant of $1.6 million from the Charles Koch Foundation for a two-year project to study ways to improve immigration law and policy. Mr. Yale-Loehr said, “Cornell Law School already had a strong immigration scholar base. Adding these four new people will make us even more preeminent in this important area.” https://www.lawschool.cornell.edu/news/cornell-law-school-welcomes-new-immigration-postdocs-and-scholars/

Mr. Yale-Loehr was quoted by the Gothamist in “For Asylum Seekers, Manhattan is Only Part of a Harrowing Journey.” Regarding asylum seekers who have come from Venezuela to New York City, Mr. Yale-Loehr said, “It is too soon to tell what percentage of Venezuelans will qualify for asylum. Because of backlogs in the asylum process, it could be years before we will know.” https://gothamist.com/news/for-asylum-seekers-manhattan-is-only-part-of-a-harrowing-journey

Mr. Yale-Loehr was quoted by the Daily Caller in “Will DeSantis Be Convicted for Kidnapping Over Martha’s Vineyard Flights? Experts Say It’s Unlikely.” Mr. Yale-Loehr said he thought claiming Republican governors were guilty of human trafficking for sending migrants out of state was “exaggeration,” adding that “illegal transportation prosecutions and convictions are very rare. They are mainly aimed at smuggling operations. Thus, I think it is unlikely that Republican governors would be prosecuted under this law. The bottom line: It is a stretch to claim that Republican governors are violating human trafficking laws or laws that bar illegal transportation of migrants.” https://dailycaller.com/2022/09/20/desantis-human-trafficking-migrants/

Mr. Yale-Loehr was interviewed by NBC LatinX about migrants being transported from the southern United States to Martha’s Vineyard, Massachusetts. The six-minute video is at https://www.lx.com/social-justice/thousands-of-migrants-are-being-transported-north-to-democrat-led-cities/58045/

Mr. Yale-Loehr was quoted by the New York Daily News in “NYC Asks Feds to Fast-Track Work Papers for Migrants and Busing Crisis.” Mr. Yale-Loehr said that U.S. Citizenship and Immigration Services was “decimated” under former President Donald Trump’s administration. “[The Biden administration is] making huge efforts to adjudicate work permit applications for asylum seekers more quickly. But it is going to take some time to improve the processing times because of the deep hole that the prior administration put them into,” he said.

Mr. Yale-Loehr was quoted by Yahoo News in “After 10 Years of DACA, Dreamers Still Live in Legal Limbo.” The article discusses a new Biden administration rule designed to fortify the Deferred Action for Childhood Arrivals Program (DACA). The article quotes an op-ed Mr. Yale-Loehr co-authored about the program, published in Slate: “Because the Biden administration chiefly focused on its battle with the courts, the new rule fails to adopt any substantive measures to expand or strengthen the DACA program. Most conspicuously, the government declined to extend the date that a young immigrant must have arrived in the United States to apply for DACA. … [It] effectively set an expiration date for DACA regardless of what the courts decide.” https://news.yahoo.com/after-10-years-of-daca-dreamers-still-live-in-legal-limbo-224145492.html

Mr. Yale-Loehr was quoted by Boundless in “With DACA Program Frozen in Time, Dreamers Await Court Ruling.” The article quotes an op-ed Mr. Yale-Loehr co-authored about the program, published in Slate: “By keeping the original eligibility date, the administration effectively set an expiration date for DACA regardless of what the courts decide.” https://www.boundless.com/blog/dreamers-await-court-ruling/

Mr. Yale-Loehr was quoted by Newsweek in “Did DeSantis and Abbott Break Law with Migrant ‘Stunt’? Experts Weigh In.” Mr. Yale-Loehr said the situation was unlikely to meet the grounds for a credible human trafficking case under either state or federal laws. “Each law varies, but many laws define human trafficking as recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. As such, I think it is an exaggeration to claim that governors in Republican states are engaging in human trafficking by sending migrants to other states. In most cases that I have heard about, migrants have been happy to accept bus or plane tickets, even if they don’t know where they are going.” Mr. Yale-Loehr argued that while federal law prohibiting illegal transportation of migrants presented theoretically steadier grounds for criminal prosecutions, the chances of even that sticking were vanishingly thin. “That presents a closer case than the human trafficking argument. Still, illegal transportation prosecutions and convictions are very rare. They are mainly aimed at smuggling operations. Thus, I think it is unlikely that Republican governors would be prosecuted under this law. The bottom line is that it is an exaggeration to claim that Republican governors are violating human trafficking laws or violating laws that bar illegal transportation of migrants.” https://www.newsweek.com/did-desantis-abbott-break-law-migrant-stunt-experts-weigh-1743910

Mr. Yale-Loehr was interviewed on WRFI public radio about ways to fix the United States’ immigration system. https://www.wrfi.org/wrfiprograms/the-scene/stephen-yale-loehr/

Mr. Yale-Loehr co-authored an op-ed, published by Slate, “Joe Biden’s New DACA Rule Does Not Go Nearly Far Enough.” https://slate.com/news-and-politics/2022/08/joe-biden-new-daca-rule-not-enough.html

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Is this issue:

1. COVID-19 VACCINE REQUIREMENTS FOR TRAVELERS: AN OVERVIEW – This article provides an overview of COVID-19 vaccine documentation and requirements for travelers in several countries.

2. CANADA – Canada has launched a new stream of immigration for Ukrainians.

3. FRANCE – This article provides updates in French immigration law and international mobility in France.

4. ITALY – A new portal for Italian work permit applications is finally online, but there are issues. Also, the procedure for filing work permit applications has changed. Finally, a new decree will be approved and published soon, with a planned quantity of 75,000 quotas for work.

5. MEXICO – Colombian citizens entering Mexico must register.

6. SCHENGEN AREA – This article discusses how to calculate the 90/180-days allowance for non-European Union nationals traveling to Schengen countries, and the new Electronic Entry System.

7. UNITED KINGDOM – Visa processing delays outside the United Kingdom have worsened in recent weeks. This article also provides tips on what to do if UK Visas and Immigration calls or emails about a sponsor license.

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

9. ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – June 2022

1. COVID-19 VACCINE REQUIREMENTS FOR TRAVELERS: AN OVERVIEW

This article provides an overview of COVID-19 vaccine documentation and requirements for travelers in several countries.

Canada

As with many other countries, Canada relaxed its entry requirement in the spring of 2022. Since April 1, 2022, Canada allows travelers to enter without a pre-arrival test if they are fully vaccinated.

Foreign nationals can enter Canada if they have been vaccinated with two doses of a recognized vaccine* (both doses of the same vaccine or a mix of two different shots) or one dose of the Janssen/Johnson & Johnson vaccine. The last shot must be received at least 14 days before arrival in Canada. The foreign proof of vaccination to be shown at the Canadian border must be an official certificate, pass, card, receipt, or confirmation, in English or French, that shows any first and second doses of COVID-19 vaccine received. It cannot be only a QR code. The name of the traveler, the authority who administered the vaccine, and the dates and brand(s) of the shots must be in writing.

Unvaccinated foreign nationals who come to Canada to spend time at a seasonal home or cottage; visit an immediate or extended family member, if age 18 or over; attend a Canadian educational institution as an international student if age 18 or over; provide child care for relatives; visit for personal or casual reasons; perform work for an air or rail crew, a medical occupation, transportation, or sports; or enter for tourism, fishing, entertainment, or leisure cannot enter Canada, even if they have tested negative for COVID-19. Few exceptions exist for unvaccinated foreign nationals; see https://travel.gc.ca/travel-covid/travel-restrictions/exemptions

As of May 19, 2022, a third booster dose is not mandatory, and there is no limit of time between the last dose received and the travel date. The government of Canada prohibits anyone from entering Canada by any means of transportation if the person presents any symptoms of COVID-19.

All travelers must fill out the ArriveCan app within 72 hours of a direct flight to Canada with their proof of vaccination and travel plans.

* Vaccines recognized by Canada as of May 2022 include AstraZeneca/COVISHIELD (ChAdOx1-S, Vaxzevria, AZD1222), Bharat Biotech (Covaxin, BBV152 A, B, C), Medicago Covifenz, Moderna (Spikevax, mRNA-1273) including for children aged 6 to 11 years, Novavax (NVX-COV2373, Nuvaxovid, Covovax), Pfizer-BioNTech (Comirnaty/tozinameran, BNT162b2) including for children aged 5 to 11 years, Sinopharm BIBP (BBIBP-CorV), and Sinovac (CoronaVac, PiCoVacc).

Italy

Travelers must present to the carrier and to whoever is in charge of checking:

• The COVID-19 green certificate or other equivalent certificate, which must state one of the following conditions:
  • Completion of the primary vaccination series or booster dose according to the vaccination plans of the countries of release with vaccines authorized by the European Medical Agency (primary series validity 9 months and booster dose without predefined limit)
  • Recovery from SARS-CoV-2 infection (valid for 180 days from positive swab test)
  • Recovery after the administration of the first dose of vaccine or at the end of the primary vaccination series or following the administration of the relevant booster dose
  • Rapid antigen or molecular swab test within 48 or 72 hours, respectively, before entry into Italy.

COVID-19 green certificates of successful vaccination are accepted in Italian, English, French, Spanish, or German. If submitted in another language, they must be accompanied by a sworn translation into Italian. Foreign certifications of recovery must be accompanied by a sworn translation into Italian.

It should also be noted that the certification regarding the completion of the vaccination series must refer to one of the vaccines approved by the European Medicines Agency:

• Pfizer-BioNtech Comirnaty
• Moderna
• Vaxzevria
• Janssen (Johnson & Johnson)
• Nuvaxovid (Novavax)
• A vaccine considered equivalent by the Italian legislation (e.g., Covishield, Fiocruz, R-Covi).

Mexico

There are no restrictions related to COVID-19 to enter Mexican National Territory. Specifically, there is:

• No vaccination card requirement
• No entry or exit ban
• No quarantine requirement
• No mandatory proof of vaccination or COVID-19 testing

Mexico grants an online proof of vaccination to travel abroad.

Turkey

Turkey has access to both the Pfizer/BioNTech and Sinovac vaccines. Citizens or lawful residents are eligible for free vaccination (three total), which is then immediately recorded in the Ministry of Health’s online system. The Ministry has a public mobile phone app (called E-nabuz) that verifies the date/type of vaccine the individual was given and produces an online certificate with a QR code to evidence vaccination status. The Ministry of Health can also produce a European Union (EU)-compliant vaccination certificate through the E-nabuz system for mobility within the EU.

Full vaccination at least two weeks before entry is required with a Ministry of Turkey-approved (or WHO-approved) vaccine OR a negative PCR test or proof of recovery from COVID-19.

Details:

• For further information, see “Türkiye Travel Rules,” Turkish Airlines, https://www.turkishairlines.com/en-tr/announcements/coronavirus-outbreak/turkey-travel-rules/

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2. CANADA

Canada has launched a new stream of immigration for Ukrainians.

The Canada-Ukraine Authorization for Emergency Travel (CUAET) allows Ukrainian nationals to apply for a Canadian visa without most of the usual requirements (free of charge, exempt from completing an immigration medical exam overseas, the option to apply for an open work permit, exempt from Canada’s COVID-19 vaccination requirements) excepting biometrics in certain cases and ArriveCAN. Announced on March 17, 2022, the CUAET is particularly interesting for Ukrainians as compared to other visas available because it allows them to obtain an open work permit and/or study permit free of charge, and they can be authorized to stay in Canada up to three years instead of the standard six months. For non-complex cases, the aim is to approve such visa applications within 14 days of receipt. No sponsor in Canada is required, no ties to home country are to be considered, and there are no financial requirements.

To apply for CUAET, Ukrainians need to apply for a Temporary Resident Visa and an Open Work Permit by mentioning in their application that it is made through CUAET to highlight the urgency of the demand to the visa officers. Once the application is submitted, Ukrainians need to take biometrics only if they are aged 18 to 60. Then they normally would need to submit their passport for placement of Canadian Visa (although Canadian authorities now emit counterfoil-less visas if the applicant is in one of six departure countries: Poland, Germany, Slovakia, Hungary, Austria, or Romania).

On April 28, 2022, Canada received 163,747 applications and approved 56,633, and 19,628 Ukrainians arrived in Canada. As there is no limit on the number of CUAET applications of CUAET, it is a popular and successful program, according to reports.

Details:

• Canada-Ukraine Authorization for Emergency Travel (updated Apr. 22, 2022), Government of Canada, https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures/cuaet.html

Ukraine Immigration Measures: Key Figures (updated Apr. 29, 2022), Government of Canada, https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures/key-figures.html

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3. FRANCE

This article provides updates in French immigration law and international mobility in France.

Update of salary thresholds for certain immigration categories following the legal minimum wage increase on May 1, 2022. Following the increase of the minimum wage on May 1, 2022, the minimum base salary threshold to access the Talent Passport-qualified employee status is now 39,494 euros per year; that of the Talent Passport-employee on assignment increased to 35,545 euros.

European Commission proposes digitization of procedures and visas. On April 27, 2022, the European Commission presented a draft regulation aimed at fully digitizing the visa issuance procedure. The objective would be to allow the online filing of visa applications and issue digital visas. The Commission plans to develop the online tool starting in 2024 for entry into service in 2026, with a view to its use by all Schengen Member States by 2031 at the latest.

State services and immigration: regaining meaning and efficiency. In a report published on May 10, 2022, a fact-finding mission set up by the Senate’s law commission reported that “foreign nationals’ rights have become illegible and incomprehensible under the effect of the layers of successive reforms, ineffective procedures and a lack of means of the State services to implement them.” Among other things, the new tools allowing the filing of an increasing number of applications online, and the making of appointments online, are called into question. By the end of 2022, the “Digital Administration of foreign nationals in France” platform, ANEF, aims at digitalization of 100% of residence permit applications in France, when currently 52% of the requests are already processed online. To overcome current difficulties that sometimes prevent the filing of applications, or that result in long virtual waiting lines, the report recommends implementation of “robust technical support allowing the rapid resolution of difficulties on the atypical files” and “preserving other methods of access to the public service for foreign nationals when an administrative procedure initiated via ANEF has not been successful.” It is also proposed to set by regulation a maximum period for the administration to grant an appointment at the prefecture.

Ukraine: beneficiaries of temporary protection can exercise a self-employed profession. Formalizing the possibility for beneficiaries of temporary protection displaced from Ukraine to exercise an independent profession, a decree of April 27, 2022, from the Minister of the Economy modifies the decree of December 29, 2021, and the commercial code to include the temporary residence permit (APS) issued to beneficiaries of temporary protection to the list of supporting documents to be produced in support of requests for registration and de-registration in the trades directory and in the Trade and Companies Register.

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4. ITALY

A new portal for Italian work permit applications is finally online, but there are issues. Also, the procedure for filing work permit applications has changed. Finally, a new decree will be approved and published soon, with a planned quantity of 75,000 quotas for work.

Portal for Italian Work Permit Applications Opens, With Issues

The immigration system portal was closed from April 22, 2022, until May 15, 2022. It has come back online, but it is not yet fully functional and there are still many technical issues, delays, difficulties, and problems that need to be resolved.

The Ministry is working on these issues, although most of the immigration offices, including in many major cities such as Milan, Rome, Torino, and Florence, have canceled all appointments until further notice due to system problems. There is no estimate regarding when the system will be fully operational.

Procedure for Filing Work Permit Applications Changes

Also, the procedure for filing work permit applications has changed. The online system asks work permit applicants to upload their main mandatory documents before filing, but users await further clarification from the government on the new procedures.

Based on these issues, delays are expected for any new work permit applications and when completing the necessary immigration steps for those workers who have already entered Italy or plan to enter Italy.

New Decree To Be Approved Soon

The Italian minister of internal affairs announced that a new decreto flussi will be approved and published soon, with a planned quantity of 75,000 quotas for work. There is a lack of staff in specific activity sectors, the Ministry said. The decree is expected not only to increase the quotas in the unskilled work sector (highly skilled workers are exempt from obtaining quotas) but also to make available new quotas for conversion from study to work and self-employment, including start-up visas.

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5. MEXICO

Colombian citizens entering Mexico must register.

As of April 1, 2022, all Colombian citizens entering Mexico must complete a pre-registration form online: https://www.inm.gob.mx/spublic/portal/inmex.html

The information requested includes details such as personal data, length of stay, activities to be carried out, source of payment, contact information in the country of origin and information about a contact person in the country of destination (name and telephone number), hotel or Airbnb reservation, and roundtrip itinerary.

You may find more information at the following website https://www.gob.mx/inm/articulos/eres-de-nacionalidad-colombiana-y-vas-a-viajar-a-mexico?idiom=es

Details:

• Additional information for Colombians wishing to enter Mexico is at https://www.gob.mx/inm/articulos/eres-de-nacionalidad-colombiana-y-vas-a-viajar-a-mexico?idiom=es (Spanish)

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6. SCHENGEN AREA

This article discusses how to calculate the 90/180-days allowance for non-European Union nationals traveling to Schengen countries, and the new Electronic Entry System.

How to Count Your 90 Days

Non-European Union (EU) visitors can stay in the Schengen countries for a maximum of 90 days in any 180-day period, but the calculation is not easy.

The Schengen area includes 26 EU countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechstenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

The scannable QR code below leads to EU Migration and Home Affairs, which includes visa policy information and lists of countries whose citizens must have a visa or are exempt from visa requirements when crossing Schengen external borders.

Third-country nationals (e.g., those who are not citizens of the EU and Iceland, Norway, Liechtenstein, or Switzerland), irrespective of being visa-required or exempt, who intend to travel to the Schengen area for a short trip for business or tourism can stay for a maximum of 90 days in any 180-day period. A few terms and rules apply:

Date of entry: The first day of stay on the territory of the Schengen Member State

Date of exit: The last day of stay in the Schengen Area

This applies only to short-term visitors. Periods of stay authorized under a residence permit or a long-stay visa are not taken into account in the calculation of the duration of stay on the territory of the Member States.

Reference to “any 180-day period” implies the application of a “moving” 180-day reference period, looking backwards at each day of the stay (be it at the entry or at the day of an actual check), into the last 180-day period, to verify if the 90-days/180-day-period requirement continues to be fulfilled.

As noted above, calculation is often not easy. The EU has created an online calculator.

New Entry/Exit System

The new Entry/Exit System (EES), to be operational in 2022, will automatically identify those who overstay their periods of admission. It will collect identity information and the date and place of entry and exit. The EES will apply to non-EU nationals, visa-required and visa-exempt travelers in the Schengen area. It will replace manual stamping of passports.

Details:

• “How to Count Your Schengen 90 Days,” Medium, https://medium.com/studiomazzeschi/how-to-count-your-schengen-90-days-ee96f5d25326
• Entry/Exit System (EES), Migration and Home Affairs, European Commission, https://ec.europa.eu/home-affairs/policies/schengen-borders-and-visa/smart-borders/entry-exit-system_en

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7. UNITED KINGDOM

Visa processing delays outside the United Kingdom have worsened in recent weeks. This article also provides tips on what to do if UK Visas and Immigration calls or emails about a sponsor license.

Visa Processing Delays

Visa processing delays outside the United Kingdom (UK) have worsened. Any applications for people to start working in the UK within the next three to four months should be initiated now.

In response to the crisis in Ukraine, UK Visas and Immigration (UKVI) reallocated resources to those fleeing Ukraine who need to apply for a UK visa. As a result, priority (for a five-day turnaround) and super priority (for same day service) have been suspended, except for visit visa applications.

The expected standard processing time was three weeks, but applications are taking longer. Businesses should therefore plan accordingly for urgent applications and apply as soon as possible.

For visa applications submitted outside the UK, the current situation is:

• Work visas. Priority services for work visa applications are suspended. The standard service processing time of three weeks is being missed in many cases.

• Visit visas. Priority services for visit visa applications have now been suspended in some locations, including Asia Pacific countries due to the COVID-19-related lockdown in China.

• Family visas. Priority services for family visa applications (including those applying as the partner of a British citizen) are still suspended. The standard service processing time has just doubled from 12 weeks to 24 weeks.

Emails and Calls From UKVI about Sponsor Licenses

Some have been contacted out of the blue by UKVI about their sponsor licenses The caller or the email may say they have noticed you have not accessed your online sponsor license—the Sponsor Management System (SMS)—in the last 12 months.

Many sponsors do not use their licence regularly. They may only be sponsoring a low volume of workers and so will not have accessed their SMS. The sponsor license records need to be kept up to date, but that should not necessarily mean the SMS must be accessed every 12 months. Some sponsors may have more than one Level 1 or 2 User (who has access to the SMS), and so understandably not all users may have accessed the SMS. UKVI recommends that the SMS be accessed every month, but this is not required.

As a precaution, the following is recommended as part of ongoing compliance activities:

• Check that the key personnel on your sponsor license are still in place. This includes the Authorising Officer (person in overall charge of the sponsor license), the Key Contact (who receives communications from UKVI), and the Level 1 and 2 Users. It is possible that UKVI will notice bounce-back emails signaling that key personnel have left the business and whether the business is still operational.

• Consider whether there are any other changes to your sponsor license. Changes to be recorded include when the business has changed its name, address, or ownership.

Any updates should be made within 10 working days of the change and as soon as possible.

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8. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: ·

The latest immigration news is at https://www.abil.com/news.cfm. ·

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

–   ABIL Members Note Immigration Threats for Employers in 2018: http://www.prweb.com/releases/2018/03/prweb15261255.htm

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

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9. ABIL Member / Firm News

The following Alliance of Business Immigration Lawyers members and associates will speak at the American Immigration Lawyers Association’s Annual Conference on Immigration Law or the AILA/GMS Annual Global Migration Forum (https://info.aila.org/ac22):

AILA ANNUAL CONFERENCE ON IMMIGRATION LAW

Remote Management Is the Future: Ethically and Effectively Managing Freelance and Remote Employees: Michele G. Madera (DL), Miki Kawashima Matrician (Klasko Immigration Law Partners)

Naturalization Basics panel: Dagmar Butte

Ready to Be an Immigration Lawyer? If Only I Had Known Then What I Know Now!: Ari Sauer

Introducing Essential Terms and Concepts: William Stock

Lessons Learned from the Great Downgrade Rush of 2020: Cyrus Mehta

EEEEK! Filing Post-Pandemic E-1 And E-2 Applications: Bernard Wolfsdorf

EB-5 and International Entrepreneur Parole: Current State of the Programs: H. Ronald Klasko

“You’re FOIA’d!” The Immigration Attorney’s Secret Weapon: Charles Kuck

Hot Topics Strategy Session with the AILA National Officers: Farshad Owji

Asylum I: Protecting Those Seeking Refuge in the United States: Stephen Yale-Loehr

It’s Tough to Become an Intracompany Transferee: Crafting Winning L-1A and L‑1B Arguments: Fausta Albi

H-1B: Specialty Occupations Outside the Box: Bob White, Vic Goel

The New Normal: Dealing with a Remote Workforce: Kehrela Hodkinson

Hot Topics in Removal: Case Law Updates, New Arguments, and More!: Aaron Hall

ILCA Panel: The Policy and Political Landscape for the 2022 Midterm Elections: Ira Kurzban

Opportunities for H-2B Visas for Seasonal/Short-Term Positions: Beyond Hospitality and Leisure Occupations: Loan Huynh

The EB-1A, NIW, and Schedule A in Nontraditional Fields: Jason Susser

Motion Practice in Immigration Court: Winning Your Case Before the Individual Hearing: Lily Axelrod (discussion leader)

Exchanging Workers: Issues Unique to the J Visa Exchange Program: Elissa Taub (discussion leader)

Employer Compliance Issues: Beyond the Form I-9: Angelo Paparelli

Non-Hardship Waivers: Applications: David Isaacson

Who Wants to Be a Millionaire Immigration Attorney?: Ira Kurzban

Why Aren’t You Delegating: Bryan Funai

The Overture and the Final Act: Hiring and Firing: Kirby Joseph (discussion leader), Elise Fialkowski

Well-Being Practices for Your Entire Office: Jennifer Howard

60 Tech Tips in 60 Minutes: Gregory Siskind

Buried in Piles of Paper? Let’s Get Digital!: Hannah Little (discussion leader), Hilary Fraser, Robert Loughran

AILA/GMS ANNUAL GLOBAL MIGRATION FORUM

Practice Management: Welcome Address and Greetings: Maria Celebi

Attorney Compliance and Ethics: Tools to Navigate the Global Migration: Rodrigo Tannus Serrano

Immigration Lawyers as Global Citizens: Ariel Orrego-Villacorta

Current Impact of COVID-19 on Global Migration: Bernard Caris

Competing Globally for Talent and Essential Workers: William Hummel (discussion leader), Nina Perch-Nielsen

The Road Ahead: What Do We Envision for the Future of Global Mobility?: Audrey Lustgarten (discussion leader), Farshad Owji, Philip Yip

Gomberg Dalfen S.E.N.C (Avi Gomberg‘s [bio: https://www.abil.com/lawyers/lawyers-gomberg.cfm?c=CA] firm) and Corporate Immigration Law Firm (BJ Caruso‘s [bio: https://www.abil.com/lawyers/lawyers-caruso.cfm?c=CA] firm) were named by Canadian Lawyer as Top Immigration Law Boutiques for 2022-23. https://www.canadianlawyermag.com/rankings/top-immigration-law-boutiques-2022-23/365708

1. Ronald Klasko, of Klasko Immigration Law Partners, LLP, spoke on the EB-5 panel at the Investment Migration Forum, sponsored by the Investment Migration Council. Global leaders in investment migration from more than 40 countries spoke and attended the forum held June 6-9, 2022, in Brussels, Belgium. https://investmentmigration.org/forum/

Robert Loughran (bio: https://www.abil.com/lawyers/lawyers-loughran.cfm) announced that Foster LLP Partner Todd Fowler and Senior Attorney Florence Luk will present a webinar, “Summer Travel During Covid-19: What You Need to Know,” on Wednesday, May 11, 2022. The webinar will provide HR professionals with an overview of the latest regarding travel restrictions and which countries are affected. The presenters will also discuss strategies for filing work visa extension petitions with U.S. Citizenship and Immigration Services in lieu of visa applications presented at U.S. Embassies abroad. For more information or to register, see

Mr. Loughran announced:

• Partner José Pérez and Attorney Melissa Cantu will present in a Foster webinar, “Basics of Family-Based Immigration,” on Wednesday, June 15, 2022. The webinar will provide HR professionals with a basic understanding of family-based immigration. HR professionals can expect to learn about family-based visas, and issues facing U.S. citizens and lawful permanent residents who wish to reunite with their families. https://attendee.gotowebinar.com/register/4939537719342625549
• Pérez will speak on a panel, “Foreign/Mexican Investments in the Texas Business Markets,” at the U.S.-Mexico Real Estate Investment Summit on Thursday, June 9, 2022. REBS Dallas will bring together executives representing real estate funds, institutional investors, developers, real estate brokers, consultants, attorneys, and academics, as well as government officials and other representatives of the business and financial communities of Texas and Mexico. https://rebs.mx/

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) and Kaitlyn Box co-authored several new blog posts: “Ethical Dimensions of Patel v. Garland,” http://blog.cyrusmehta.com/2022/05/ethical-dimensions-of-patel-v-garland.html; “Ethical Considerations When ICE Moves to Dismiss Removal Proceedings Under the Doyle Prosecutorial Discretion Memo,” http://blog.cyrusmehta.com/2022/05/ethical-considerations-when-ice-moves-to-dismiss-removal-proceedings-under-the-doyle-prosecutorial-discretion-memo.html; “Helping Afghans and Ukrainians Progress from Parole to Temporary Protected Status to Permanent Residence,” http://blog.cyrusmehta.com/2022/05/helping-afghans-and-ukrainians-can-progress-from-parole-to-temporary-protected-status-to-permanent-residence.html

Mr. Mehta and Jessica Paszco co-authored a new blog post, “H-1B Extension Beyond Six Years Will Not Be Granted If Priority Date Is Current and Green Card is Not Applied for Within One Year.” http://blog.cyrusmehta.com/2022/05/h-1b-extension-beyond-six-years-will-not-be-granted-if-priority-date-is-current-and-green-card-is-not-applied-for-within-one-year.html

Mr. Mehta has accepted the position of Editor-in-Chief (EIC) of the American Immigration Lawyers Association’s Law Journal, following the previous EIC’s departure on June 30, 2022. Mr. Mehta’s blog is at http://blog.cyrusmehta.com/.

Greg Siskind, of Siskind Susser, authored “Siskind Summary—Uniting for Ukraine Program.” https://www.visalaw.com/siskind-summary-uniting-for-ukraine-program/?locale=en

Wolfsdorf Rosenthal LLP has published a blog post and several webinars on the newly reauthorized EB-5 regional center program. https://wolfsdorf.com/news-and-resources/

WR Immigration announced two nominations for Chambers and Partners’ North American Diversity & Inclusion Awards. Bernard Wolfsdorf was nominated for Pro Bono Lawyer of the Year and WR Immigration was nominated for Pro Bono Outstanding Firm. https://wolfsdorf.com/chambers-diversity-inclusion-awards-north-america-2022/

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by the Associated Press in “Video Spreads False Claims About Immigrants.” Regarding claims that immigrants living in the United States without authorization commit a high number of crimes, he said, “Almost every reputable report that I have seen has found that immigrants commit crimes at a lower rate than native born U.S. citizens.” Mr. Yale-Loehr cited a 2020 study published in Proceedings of the National Academy of Sciences, a peer-reviewed journal. Using data from the Texas Department of Public Safety, the study found that immigrants living in the U.S. without authorization have “substantially lower crime rates than native-born citizens and legal immigrants across a range of felony offenses.” Regarding an estimate of the number of immigrants who could be living in the United States without authorization, Mr. Yale-Loehr said, “Their numbers of 21 million are just wildly off base. They are double what reputable research organizations have found.” He pointed to the Pew Research Center, which estimated that 10.5 million immigrants were living in the U.S. without authorization as of 2017. Regarding claims by conservative activist Candace Owens, citing a 2011 Center for Immigration Studies (CIS) report,  that immigrants living in the United States use public benefits at a high rate and that 80% never go off welfare, Mr. Yale-Loehr noted that a 2002 Brookings Institution report states that use of welfare by legal permanent residents has declined by a faster rate than use of such benefits by citizens. “The CIS report doesn’t distinguish between legal and illegal immigrants,” he noted. “Neither report states that 80% of undocumented immigrants never go off welfare. The bottom line: These two reports fail to support Candace Owens’ claim.” https://apnews.com/article/fact-check-charlie-kirk-candace-owens-immigration-688231079873

Mr. Yale-Loehr was quoted by Time in “Why Judges Are Basically in Charge of U.S. Immigration Policy Now.” He said, “This is a manifestation of our broken immigration system. Today, almost every executive action on immigration is being challenged in the courts.” He also noted that judges having so much power to determine immigration policy also puts the U.S. judicial system in a delicate spot, since federal judges are often wary of being drawn into issues of national sovereignty or of impinging on the executive branch’s authority to conduct foreign policy. But these days, they often have no choice. “Courts are loath to weigh in,” he said. Another reason for the recent explosion of court challenges was the pace at which the Trump administration moved on immigration issues, the article notes. That “unprecedented pace” led to an unprecedented wave of new lawsuits. “That really accelerated the legal challenges,” Mr. Yale-Loehr said. And now, he said, “Conservative states are suing every chance they get to challenge everything that the Biden administration is doing on immigration.” https://time.com/6172684/judges-us-immigration-policy/

Mr. Yale-Loehr was quoted by the New York State Bar Association in “NYSBA Members Fight for Immigrant Representation.” Mr. Yale-Loehr, who is co-chair with Shayna Kessler of NYSBA’s Immigration Representation Committee, said, “We try to encourage more members to work pro bono for immigrants, and Shayna has been particularly active in trying to work on funding issues and legislative issues to make it easier to get representation for immigrants in New York State. Immigrants are not guaranteed an attorney. Over half of all immigrants don’t have a lawyer, and immigration law is one of the most complex areas of law in the country. For asylum seekers, it can be a life and death decision.” https://nysba.org/nysba-members-fight-for-immigrant-representation/

Mr. Yale-Loehr co-authored  “How a Supreme Court Abortion Ruling May Harm Refugee Women,” New York Daily News, Apr. 20, 2022. https://www.nydailynews.com/opinion/ny-oped-supreme-court-refugee-abortion-20220420-iyjrkcorjndk5gpxads5qzi4z4-story.html

Mr. Yale-Loehr was quoted by Spectrum News in “Several Democrats Side With Republicans to Keep Border Restrictions.” He noted that the Trump administration said “that for public health reasons they were going to turn back most people who tried to enter from Mexico into the United States, if they did not already have a valid visa like a tourist visa. Title 42 is sort of like a garden hose that has been bottled up. All the people that would normally come in at regular flows over the years have been sort of stymied and held up at the border. And of course, if they lift title 42, that surge now is going to be coming across the border and temporarily could pose problems for the Border Patrol. I think that people should be aware that there will be a surge at the border at the termination of Title 42 but part of that is because of the normal seasonal surge that always happens this time of year.” https://spectrumnews1.com/ma/worcester/politics/2022/04/12/these-democrats-side-with-republicans-to-keep-border-restrictions–

Mr. Yale-Loehr was quoted by Univision in “Supreme Court Ruling Leaves Immigrants With Errors in Their Paperwork on the Brink of Deportation.” Mr. Yale-Loehr said that the Supreme Court’s decision “means that thousands of immigrants each year will no longer be able to go to federal court to correct factual errors by immigration judges. Given how much is at stake in deportation proceedings, Congress should provide funding for attorneys to represent immigrants in all deportation proceedings in the same way that attorneys are automatically provided to everyone charged with a crime.” https://www.univision.com/noticias/inmigracion/fallo-corte-suprema-deja-inmigrantes-al-borde-de-deportacion-las-claves (Spanish, with English translation available)

Mr. Yale-Loehr was quoted by Law360 in “High Court Raises Stakes of Immigration Court Decisions.” He said that noncitizens without legal representation are more likely to be affected by the Supreme Court’s ruling because they don’t have the help of legal professionals trained to watch out for potential errors by immigration adjudicators. He said legal aid programs can help address the disadvantages facing noncitizens who lack access to counsel, and encouraged immigration advocates to push for federal, state, and local governments to fund such programs. “We need to make sure that every immigrant has good representation in immigration court. Given the many errors the immigration bureaucracy makes, many people will be denied their day in court because of this decision,” he said. https://www.law360.com/immigration/articles/1493704/high-court-raises-stakes-of-immigration-court-decisions (registration required)

Mr. Yale-Loehr was quoted by law.com in “Immigration Lawyers Welcome Clarity and Lessening of Bias Wrought by Court Notification Statute on Hochul’s Desk.” A measure, passed by the New York legislature and awaiting Gov. Hochul’s signature, is structured so that courts would give standard required language about the risk of immigration consequences resulting from a guilty plea to everyone—the court wouldn’t first find out whether a defendant is a noncitizen. “So there’s no discrimination in that sense,” Mr. Yale-Loehr said. He noted that immigration law and criminal law are complicated, and that advising people about the intersection of them makes it even more complicated. “Many times people erroneously think that it’s only if they plead guilty to a felony crime that they might be deportable, but in many cases under federal immigration law, pleading guilty to a misdemeanor can also make you deportable,” he said.

Mr. Yale-Loehr was quoted by Spectrum News in “Lawmakers Call for Investigation Into Office Handling Asylum Cases for New England States.” He explained that some outside factors may have played a part in the Boston U.S. Citizenship and Immigration Service office’s low approval rate. “There are a lot of reasons, [including] high turnover of officers [and] pressure to decide cases quickly … if [officers] see the same kind of case over and over again, you sort of feel like you know that type of case without really probing into the individual facts of the case. … There’s a lot of disparity in all of the USCIS asylum offices and it got worse during the Trump administration. There was pressure from headquarters to make it harder to win approval. So approval rates across the country went down. They just seem to have gone down more in Boston than in some of the other USCIS asylum offices.” https://spectrumnews1.com/ma/worcester/politics/2022/06/01/lawmakers-call-for-investigation-into-office-handling-asylum-cases-for-new-england-states

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In this issue:

1. ATTRACTING HIGHLY SKILLED TALENT: AN OVERVIEW – This article provides an overview of programs to attract highly skilled talent in Italy and Turkey.

2. ITALY – Applications for startup visas can be filed January 27 to March 17, 2022. Also, Italy announced the number of foreign workers allowed in Italy for 2022.

3. RUSSIA – Russia has released new details about medical examinations, fingerprinting, and photographing procedures.

4. SPAIN – A new immigration regulation relating to audiovisual sector activities was published.

5. UNITED KINGDOM – This article provides updates on several developments, including a new digital process for Skilled Workers; no original document BRP right to work checks as of April 6, 2022; the expansion of Health and Care Worker visas; the addition of India and Iceland to the Youth Mobility Scheme; and the latest UK COVID-19 pandemic travel rules; and the fast approach of the United Kingdom’s (UK) new Global Business Mobility (GBM) route launch.

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

7. ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – February 2022

1. ATTRACTING HIGHLY SKILLED TALENT: AN OVERVIEW

This article provides an overview of programs to attract highly skilled talent in Italy and Turkey.

Italy

The main programs to attract Highly Skilled Talent in Italy are:

EU Blue Card

The EU Blue card is a work permit for non-European Union (EU) highly skilled workers to be employed in Italy. It can be applied for at any time of the year because it is not subject to the limits imposed each year by the immigration quotas. The main eligibility requirements are (a) to possess an academic degree awarded on completion of a university course of at least three years’ duration and, if required, of the necessary professional qualifications (if the position offered is for a regulated profession); (b) to have a valid work contract to work in Italy or a binding job offer from an employer based in Italy, for at least one year, and a salary of at least approximately 25,000 euros per year; and (c) to be offered a high-level position in Italy.

Details:

• “Blue Card Permit: How It Works,” Medium, https://mm-63015.medium.com/blue-card-permit-how-it-works-508def53f055
• “EU Blue Card Work Permit,” Mazzeschi SRL, https://www.mazzeschi.it/italian-immigration/corporate/eu-blue-card-work-permit/

Italy Startup Visa

The Italia startup visa program is aimed at entrepreneurs intending to relocate to Italy to set up an innovative start-up business (business with high technological value) or to join an already established innovative startup company. More about this below.

In addition, Italy has two programs for highly skilled workers moving to Italy in the framework of an intra company transfer.

Details:

• “Italy’s Startup Visa,” Agile Insider, https://medium.com/agileinsider/italys-start-up-visa-6a442a9fdbd1
• “Italy Startup Visa,” Mazzeschi SRL, https://www.mazzeschi.it/italian-immigration/hnwi-investors-entrepreneurs/italy-startup-visa/
• “Italy’s Intra-Company Visas,” Medium, https://mm-63015.medium.com/italys-intra-company-visas-bfa4b7e99b32

Turkey

Turkey’s most concerted effort toward focusing an immigration regime on highly skilled talent has been passing a law and regulations related to what is to be called the “Turquoise Card.” Unfortunately, although regulations were promulgated in 2017, this regime has yet to be implemented.

On March 14, 2017, regulations regarding the new Turquoise Card were published in the Official Gazette. In the Law on International Workforce (August 2016), this category of permanent residence was created for qualifying foreigners. Pursuant to Article 11 of the new law, a Turkuaz (Turquoise) Card would be given to foreign nationals after evaluation of their educational level, professional experience, contribution to science and technology, and/or the impact of their investments in Turkey. The Ministry of Labor’s (MoL) plan has been that a panel of experts within the Work Permit Directorate would adjudicate Turquoise Card cases. The regulations include the following points:

1. Categories for the Turquoise Card include highly qualified employees, certain investors, strategic/high-impact scientists or researchers, internationally successful artists or athletes, and specialists who will promote Turkey.
2. Any Turkish government agency may issue a “Certificate of Conformity” evidencing support for the particular foreigner’s application. Details regarding this certificate will be determined at a later date.
3. The general criteria (scoring system) for each category include the following considerations:
   1. Highly qualified employees: Level of education, prestige of educational institution, salary level, foreign language abilities, and relevant professional experience.
   2. Investors: Amount of investment, level of exports, number of employees, strategic need of sector of investment, strategic need of region where investment will occur, nature of intellectual or industrial property rights of investment.
   3. Scientists/Researchers: Level of education and prestige of educational institution, patents, trademarks or licenses granted to the applicant, level of innovation of their activities or field of knowledge, academic or professional titles, strategic importance to Turkey of their sector of expertise, anything that shows the importance of their professional experience or qualifications.
   4. Athletes or Artists: Nationally or internationally recognized awards or degrees, etc. For artists, recognition of their work.
   5. Specialists to Promote Turkey or Turkish Culture: Duration, sustainability, influence, etc., of their promotional activities for Turkey. Activities carried out internationally as volunteers, etc.

In late 2021, the MoL announced on its official website that applications would soon be accepted; however, as of late January 2022, an application form has not been publicly released.

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2. ITALY

Applications for startup visas can be filed January 27 to March 17, 2022. Also, Italy announced the number of foreign workers allowed in Italy for 2022.

Startup Visa Program Application Period Opens

The Italia startup visa program is aimed at entrepreneurs intending to relocate to Italy to set up an innovative startup business. Companies must meet the conditions set forth by Law 221/2012 or join an already established startup company.

Startup visas are subject to the availability of immigration quotas issued yearly by the government. The available quotas for 2022 were announced recently. The application can be filed from January 27, 2022, until March 17, 2022.

The program guarantees a streamlined application procedure, with an online clearance application and the issuance of a visa and residence permit under the fast-track procedure.

Italy Announces Number of Foreign Workers Allowed in Italy for 2022

The Italian government has announced a cap of 69,700 on the number of workers from outside the European Economic Area (EEA) allowed in Italy for 2022. The decree, dated December 21, 2021, was published in the Official Gazette in January 2022.

More than half of the quotas are reserved to entries for seasonal work (42,000); there are 20,000 quotas for subordinate work, but only for specific sectors of activity (road haulage, building, and the hospitality/tourism industry) and for certain nationalities; most of the remaining quotas are reserved to permit conversion (7,000) for foreign citizens already in possession of a residence permit in Italy or EU (study, seasonal work, permanent) intending to change status, i.e., to convert the existing permit into a permit for employment/self-employment.

The rest—a few quotas—are for self-employment work (500) and special categories (200) of foreigners (such as Venezuela residents with Italian ancestors or individuals who have completed specific training in their country of residence).

The deadline to submit applications is March 17, 2022.

Details:

• Italy Startup Visa, Mazzeschi SRL, https://www.mazzeschi.it/italian-immigration/hnwi-investors-entrepreneurs/italy-startup-visa/
• The Italian Policy for Innovative Entrepreneurship, Italian Ministry of Economic Development,

Italian Immigration & Citizenship, Mazzeschi SRL, https://www.mazzeschi.it/mazzeschi-asiadesk/wp-content/uploads/2021/12/Magazine-Jan-2022_compressed.pdf

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3. RUSSIA

Russia has released new details about medical examinations, fingerprinting, and photographing procedures.

Medical Examination

Medical examination of foreign citizens who have entered Russia for the purpose of carrying out work activities in Moscow occurs at the branches of the State Budgetary Healthcare Institution of the city of Moscow, “Moscow Scientific and Practical Center of Dermatovenerology and Cosmetology of the Department of Health of the City of Moscow.” Special conditions for medical examination of highly qualified specialists have been introduced.

Also, at the GBU Migration Center in Moscow, foreign citizens can submit copies of the results of a medical examination as well as undergo fingerprinting and photographing procedures in Moscow.

In the Branch of the Labor Migration Center (Sakharovo), a foreign citizen must issue a notarized power of attorney for the person who accompanies him or her during the medical examination.

In the Labor Migration Center (Sakharovo) only, foreign citizens can undergo all medical examination procedures in one place. In other branches, there is no such possibility; several visits may be needed for the medical examination to be complete.

Foreign citizens who have entered the Russian Federation for the purpose of carrying out work activities and who are staying in the Russian Federation for less than 30 calendar days should not undergo medical examination, fingerprinting, or photographing procedures, according to representatives of the Ministry of Internal Affairs of the Russian Federation, who confirmed this with the Association of European Business and the U.S. Chamber of Commerce. The period of 30 calendar days is calculated anew after the next entry into the Russian Federation of a foreign citizen for the purpose carrying out work activities. If the stay of such foreign citizen is to exceed 30 calendar days, however, he or she must undergo these procedures before the expiration of the 30-day period.

Fingerprinting/Photographing and Medical Exam Submission

Fingerprinting and photographing procedures, as well as submission of the results of a medical examination, are carried out in:

1. Migration offices of the territorial departments of the Ministry of Internal Affairs of the Russian Federation
2. Authorized organization of the federal city of Moscow—Migration Center “Sakharovo”
3. Enterprise—Federal State Unitary Enterprise “Passport and Visa Service”

Details:

• Medical Examination: Details, Vista Immigration, https://vista-immigration.ru/medical-examination-details/
• Information about the Passport and Visa Service’s working hours, branches, addresses, and contact details are posted on the website of FSUE “Passport and Visa service,” https://pvsmvd.ru/. According to the information on the website, branches of this organization are currently not present in all regions of the Russian Federation.

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4. SPAIN

A new immigration regulation relating to audiovisual sector activities was published.

On November 13, 2021, a new immigration regulation, Order PCM/1238/2021, was published in the Spanish Official Gazette (BOE), regarding the procedure for the entry and stay in Spain of third-country nationals who carry out activities before the public in the audiovisual or artistic fields or in recording to be broadcast by mass media.

Highlights of the new regulation include:

Activities for a period of less than 90 days in any 180-day period do not require work authorization. Entry will be under the Schengen regulations. In the event of foreign nationals subject to a visa requirement, a uniform visa will be issued.

If the 90-day period must be extended due to unexpected reasons, it is possible to submit a stay permit up to 180 days. The application must be submitted at least 30 days before the expiration of the initial allowed 90-day stay period in the Schengen area.

Activities for a period between 90 and 180 days may be carried out under a visa for stay for the audiovisual sector. Such an application is submitted at the Spanish consulate having jurisdiction over the applicant’s place of residence. The application can be submitted by either the applicant or their legal representative, or by the representative of the company hiring or posting the applicant who is authorized to act on their behalf. The visa processing time is 10 working days, and a police clearance certificate is not required.

Activities for a period of more than 180 days may be carried out under a residence authorization for the audiovisual sector. The application is submitted online by the hiring or posting company (or its representative) through the platform of the Ministry of Inclusion, Social Security and Migration. The processing time to resolve the application is 20 working days. Otherwise, “positive silence” applies. If the foreigner is not in Spain, a visa will be required. A criminal clearance certificate from the country (or countries) where the foreigner has resided during the last five years before submitting the application is required.

Family members accompanying the applicant may obtain visas and authorizations allowing their accompaniment.

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5. UNITED KINGDOM

This article provides updates on several developments, including a new digital process for Skilled Workers; no original document BRP right to work checks as of April 6, 2022; the expansion of Health and Care Worker visas; the addition of India and Iceland to the Youth Mobility Scheme; and the latest UK COVID-19 pandemic travel rules; and the fast approach of the United Kingdom’s (UK) new Global Business Mobility (GBM) route launch.

New Digital Process for Skilled Workers

Most sponsors of Skilled Workers are familiar with European Union (EU) citizens being able to apply using the United Kingdom (UK) Immigration ID check app, but now:

• Non-EU citizens with an existing biometric residence permit (BRP) can also apply in the UK using the app.

• This means the applicant does not need to attend an in-person appointment. Instead, applicants can use the app to scan their BRP and face.

• Most applicants will not receive a new BRP and will instead be issued an eVisa (digital immigration status). Visa nationals will receive a new BRP and an eVisa. The BRP can be used when boarding a plane to the UK to avoid issues for visa nationals using eVisas.

• It is expected that Skilled Workers applying outside the UK will soon be able to apply using this digital process, as will those in other immigration categories.

No Original Document BRP Right to Work Checks as of April 6, 2022

• As of April 6, 2022, employers must conduct an online right to work check for anyone who has a BRP. It will no longer be possible to check the BRP itself as part of an original document check (also known as a manual check).

• There will be no need to re-check existing staff members, only new recruits and people who are extending their visas.

• Separately, the Home Office updated its employer guidance on right to work checks, confirming that new legislation will take effect as of April 6, 2022, providing for a scheme allowing employers to use a digital verification process for right to work checks on British and Irish employees. Currently it is only possible to do original document (manual) checks. Employers will have the option to rely on certified Identification Document Validation Technology service providers to carry out the digital identity checks on their behalf. If the employee does not have a valid British or Irish passport, an original document check must be made. The scheme is still in development. In the meantime, employers can continue to carry out original document checks on British and Irish employees.

Expansion of Health and Care Worker Visas

• A temporary 12-month expansion of the Health and Care Visa scheme is planned starting in February 2022.

• The change means that those in Care Assistant, Care Worker, Carer, Home Care Assistant, Home Carer, or Support Worker (Nursing Home) roles should qualify.

• Those eligible for a Health and Care Worker visa benefit from lower UK Visas and Immigration (UKVI) application fees, do not pay the Immigration Health Surcharge and, in theory at least, have the advantage of fast-track processing.

India and Iceland Join Youth Mobility Scheme

• On January 1, 2022, Indian and Icelandic nationals were added to the Youth Mobility Scheme.

• 18- to 30-year-olds from eligible countries can apply for a two-year visa to live and work in the UK.

• While this is a positive development, there are only 3,000 places for Indian nationals under the Indian Young Professionals Scheme, and they must meet extra criteria by showing that they have a degree qualification or three years of skilled work experience.

• The ballot system process for Indian nationals has not yet been released, so applications are not possible now.

Latest UK COVID-19 Pandemic Travel Rules

As of January 2022, the COVID-19 pandemic is causing problems for people with UK visas and their employers. For example, some UK visa application centers are still closed, and there are new restrictions on international travelers arriving in the UK. The COVID-19 travel rules change frequently, so travelers should check for the latest updates.

New Global Business Mobility (GBM) Visa

The intended launch of the GBM route is fast approaching. The Home Office promised a “cohesive system” for overseas businesses to assign employees to the UK for a range of business purposes by spring 2022. The new visa route will consolidate and expand on an array of existing immigration routes and introduce new opportunities for businesses both with and without a UK presence.

The GBM route will consist of five categories:

• Senior or specialist worker—for individuals whose skills are required in the UK for a specific business purpose;
• Graduate trainee—for individuals who are on a UK placement as part of a structured training program;
• UK expansion worker—for individuals who are on an assignment as part of a UK expansion of the business;
• Secondment worker—for business-specific secondments; and
• Service supplier—for individuals travelling to the UK to deliver a service in line with a UK trade commitment.

The requirements for the GBM visa will be based predominantly on those of the Intra-Company Transfer (ICT) route. This means that the UK business receiving the workers will require a sponsor license. The workers will need to satisfy salary and skill thresholds and should have completed a minimum period of employment overseas before applying. There will be no English language requirement. Although assignments on the GBM route will be temporary, there will be flexibility to switch to other permanent routes, such as the Skilled Worker route.

The Home Office said that the exact requirements for the route will be subject to the Migration Advisory Committee’s (MAC) review and may depend on the GBM subcategory in question. In its review of the ICT route in October 2021, the MAC made a series of recommendations, including increasing the minimum salary threshold and allowing time spent on the ICT route to count toward settlement. It will be interesting to see if these recommendations are incorporated within the GBM provisions under the Immigration Rules.

While some of the subcategories of the GBM visa mirror existing routes (the Graduate trainee, for example, is similar to the Intra-Company Graduate Trainee), others provide a new route for overseas businesses to send employees to the UK. The UK expansion worker, for example, is set to supplement the Representative of an Overseas Business route, allowing overseas businesses to send more than one worker and access the Sponsor Management System to manage assigned employees. However, unlike the Representative of an Overseas Business route, the UK expansion worker, and all the subcategories of the GBM visa, will be a sponsored route. This raises additional challenges—in terms of both logistics and costs—for employers and the Home Office, with the latter having to monitor the compliance of sponsor license holders located outside the UK.

In the coming weeks, further clarification is expected from the Home Office on how individuals and companies can apply under the GBM route and the permitted activities for a GBM migrant in the UK. It is hoped that the Home Office will also clarify the potential sponsor license system for overseas businesses and how it plans to carry out future compliance checks.

Details:

• “Skilled Worker Visas and Sponsor Licences: A Guide for Employers,” Kingsley Napley, https://www.kingsleynapley.co.uk/services/department/immigration/skilled-worker-visas-and-sponsor-licences-a-guide-for-employers
• “Right to Work Checks: What Employers Need to Know,” Kingsley Napley, https://www.kingsleynapley.co.uk/services/department/immigration/slp/right-to-work-checks
• “Employer Right to Work Checks Supporting Guidance, UK Home Office, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1047370/2022_01_17_Employer_s_Guide_.pdf
• “Biggest Visa Boost for Social Care as Health and Care Visa Scheme Expanded,” Gov.UK, https://www.gov.uk/government/news/biggest-visa-boost-for-social-care-as-health-and-care-visa-scheme-expanded?mc_cid=676b7e4d88&mc_eid=a6a62db06f
• Coronavirus UK immigration FAQs, Kingsley Napley, https://www.kingsleynapley.co.uk/services/department/immigration/coronavirus-covid-19-uk-immigration-faqs
• Coronavirus: Immigration and Borders, Gov.UK, https://www.gov.uk/government/collections/coronavirus-covid-19-immigration-and-borders

• “Intra-Company Transfer Report: October 2021,” Gov.uk,

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6. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: ·

The latest immigration news is at https://www.abil.com/news.cfm. ·

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

–   ABIL Members Note Immigration Threats for Employers in 2018: http://www.prweb.com/releases/2018/03/prweb15261255.htm

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

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7. ABIL Member / Firm News

Several ABIL Global members and attorneys from ABIL firms were listed in the 2022 Canadian Legal Lexpert Directory (https://www.lexpert.ca/rankings). The directory, published since 1997, is based on an extensive peer survey process. It includes profiles of leading practitioners across Canada in more than 60 practice areas and leading law firms in more than 40 practice areas. It also features articles highlighting current legal issues and recent developments of importance. The ABIL members and affiliated attorneys listed include:

Gomberg Dalfen S.E.N.C.:

Seth Dalfen

Avi Gomberg (bio: https://www.abil.com/lawyers/lawyers-gomberg.cfm?c=CA)

Genevieve Hénault

Caruso Guberman Appleby Corporate Immigration Law Firm:

Barbara Jo (BJ) Caruso (bio: https://www.abil.com/lawyers/lawyers-caruso.cfm?c=CA)

Sarah Fagan

Joel Guberman

Foster LLP presented a webinar, “Immigration: Are You Ready for 2022?,” on January 26, 2022. Presenters discussed what employers should keep in mind when planning their organization’s immigration needs for 2022 and the importance of immigration policy. Topics included a brief recap of 2021; business needs and developing corporate immigration policy; immigration timelines and compliance, including H-1B, L-1, TN, global sponsorship, permanent residence sponsorship, and I-9 compliance; and hot topics. Speakers included Avalyn Langemeier, Philip Eichorn, and Vi Palacios

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) was quoted by the Atlanta Journal-Constitution in ” ‘A Huge Burden’: Bail Bonds for Detained Immigrants Higher in Georgia.” Mr. Kuck said, “It disappoints me that Georgia immigration courts seem to be setting higher bonds than other parts of the United States. [But] is there a correlation between a higher bond and an appearance [in court]? I don’t think there is. Anecdotally, from my own experience having represented thousands of people in immigration court, there is no correlation at all.” https://www.ajc.com/news/a-huge-burden-bail-bonds-for-detained-immigrants-higher-in-georgia/QAM6MJ4GQBESVIQEHGQZG3PPME/

Robert Loughran (bio: https://www.abil.com/lawyers/lawyers-loughran.cfm) provided the following seminar notices:

• Avalyn Langemeier spoke on a panel, “What the H?!,” at the Texas Bar’s 20th Annual Course in Advanced Immigration Law on February 3-4, 2022. The panel discussed the failure to advise an employer/employee correctly on immigration matters, ethics, and situations that might arise. https://www.texasbarcle.com/materials/Programs/4303/Brochure.pdf
• Oxana Bowman, Cathy Liu, and Andrés Zamberk will discuss in their webinar, “To (H-1)B or Not to (H-1)B—Preparing for the H-1B Cap Season,” the definition and elements of eligibility for the H-1B visa, lottery selection, and relevant timelines for the fiscal year 2023 H-1B cap registration process, and helpful tips when working with H-1B candidates and the H-1B process. The webinar, hosted by Foster LLP, will be held February 9, 2022. https://attendee.gotowebinar.com/register/8082799567985137419

·         Avalyn Langemeier, Philip Eichorn, and Vi Palacios discussed in their webinar, “Immigration: Are You Ready for 2022?,” what employers should keep in mind when planning their organization’s immigration needs for 2022 and the importance of an immigration policy. This webinar was held January 26, 2022. https://attendee.gotowebinar.com/register/244362480959499536·         Avalyn Langemeier discussed in her presentation, “Is Immigration to the U.S. Good for America?,” the contributions of immigrants and why immigrants are needed in the United States, in the Legalkwik seminar on January 27, 2022, hosted by HR Houston. https://www.hrhouston.org/events/EventDetails.aspx?id=1544444&group=·         Oxana Bowman and Sandra Dorsthorst discussed in their webinar, “To (H-1)B or Not to (H-1)B – Cap Season,” strategies for contingency planning for employers whose sponsored employees are not selected in the H-1B cap lottery. This webinar, hosted by HR Houston, was held January 13, 2022. https://www.hrhouston.org/events/EventDetails.aspx?id=1578132&group=

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) and Jessica Paszko co-authored a new blog post: “Amin v. Mayorkas: Fifth Circuit Denies EB-1 Extraordinary Ability Petition Even Though Petitioner Met Three Out of Ten Regulatory Criteria.”

Mr. Mehta and Kaitlyn Box co-authored several blog posts: “Expansion of STEM Practical Training and Broadening of O-1A Standards Allows Foreign Talented Students to Contribute to the U.S. Even If Rejected in the H-1B Lottery,” ; and “Frequently Asked Questions on Transferring the Underlying Basis of an I-485 Application From an I-140 Petition Under India EB-3 to an I-140 Under India EB-2,”

Mr. Mehta authored a blog posting: “2021 In Perspective From the Insightful Immigration Blog.” http://blog.cyrusmehta.com/2021/12/2021-in-perspective-from-the-insightful-immigration-blog.html

Greg Siskind, of Siskind Susser PC, was quoted by Time in “Tens of Thousands of Afghans Who Fled the Taliban Are Now Marooned in America’s Broken Immigration Bureaucracy.” The article notes that Afghans left behind after the U.S. evacuation were caught in a Catch-22: to be approved for humanitarian parole, they were told they must go to a U.S. embassy for vetting and biometrics screenings, but the U.S. embassy in Afghanistan suspended operations. Mr. Siskind said that when Afghans fled to nearby countries and reported to a U.S. Embassy there, USCIS’s response was, “if you’re out of the country, you’re not in danger anymore, and therefore you’re not eligible for humanitarian parole. His law firm has taken on pro bono cases for Afghans abroad applying for humanitarian parole. Mr. Siskind received his first denial notice from USCIS recently for an Afghan woman who fled to Pakistan with her three teenage children. The woman is a single mother who fears being a target of the Taliban because she worked with the World Bank, he said. USCIS didn’t explain why the woman was rejected; a line from the USCIS notice said simply that the agency “determined that parole is not warranted. Therefore we have denied your request for parole,” Mr. Siskind said. https://time.com/6141516/afghans-humanitarian-parole/

William Stock (bio: https://www.abil.com/lawyers/lawyers-stock.cfm?c=US), Michele Madera, and Nigel James of Klasko Immigration Law Partners, LLP, presented on January 19, 2022, lessons learned from the 2021 H-1B cap season to help companies plan for the upcoming 2022 H-1B lottery. They also provided updates on regulations and litigation outcomes. https://us06web.zoom.us/webinar/register/7216413311518/WN_vwfA4iA2QTO95p2dttvdlg

Wolfsdorf Rosenthal LLP has published several new blog posts: “State Dept. Announces F/M/J Nonimmigrant Visa Processing Posts Outside of Moscow for Applicants Resident in Russia”; “Biden Administration Implements New Actions to Increase Opportunities for STEM Students, Professionals, Others”; “Immigration Update”; “February 2022 Visa Bulletin Update”; and “I-9 Form Update: COVID-19 Pandemic-Related Temporary Policies, Employer Tips.” https://wolfsdorf.com/news/  https://wolfsdorf.com/news/

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by Law360 in “Breyer Leaves Legacy of Extending Constitution to Migrants.” The article noted that U.S. Supreme Court Justice Stephen Breyer, who announced his retirement after nearly three decades on the bench, leaves behind a legacy of influential legal opinions and dissents that sought to extend constitutional rights and protections to noncitizens. Mr. Yale-Loehr stated that Justice Breyer “did not always prevail in extending constitutional or statutory rights to noncitizens.” But “whether he won or lost, Justice Breyer showed a commitment to apply the Constitution to noncitizens.” https://www.law360.com/immigration/articles/1459013/breyer-leaves-legacy-of-extending-constitution-to-migrants (registration required)

Mr. Yale-Loehr was quoted by Baptist News Global in “America’s Economy Urgently Needs More Immigrant Labor, Experts Explain.” Noting that the fields of science, technology, engineering, and mathematics (STEM) are areas where the United States could use a boost of immigrants, Mr. Yale-Loehr commented that the Biden administration’s shift in federal policy to allow more STEM scholars and experts into the country and make it easier for them to stay are “good first steps, but we must do more to address existing backlogs. So many workers have to be laid off because their [work] permits have expired.” https://baptistnews.com/article/americas-economy-urgently-needs-more-immigrant-labor-experts-explain/#.YfXCRprMK71

Mr. Yale-Loehr was quoted by Vox in “Biden Is Defending Key Trump Immigration Policies in Court.” For the Biden administration, he said, defending some of the Trump administration’s most controversial immigration policies could be an attempt to preserve tools to manage the border, or they could mark an internal disagreement on righting the wrongs of the Trump era. “Every administration wants to have as much flexibility and discretion as it can on immigration because you never know what conditions will arise in the future,” he said. https://www.vox.com/22893065/biden-family-separations-title-42-border-court

Mr. Yale-Loehr was quoted by Law360 in “Breyer Leaves Legacy of Extending Constitution to Migrants.” The article noted that U.S. Supreme Court Justice Stephen Breyer, who announced his retirement after nearly three decades on the bench, leaves behind a legacy of influential legal opinions and dissents that sought to extend constitutional rights and protections to noncitizens. Mr. Yale-Loehr stated that Justice Breyer “did not always prevail in extending constitutional or statutory rights to noncitizens.” But “whether he won or lost, Justice Breyer showed a commitment to apply the Constitution to noncitizens.” https://www.law360.com/immigration/articles/1459013/breyer-leaves-legacy-of-extending-constitution-to-migrants (registration required)

Mr. Yale-Loehr spoke at a free webinar, “Assessing Biden’s Immigration Changes,” on January 31, 2022. Also speaking was Stuart Anderson, Executive Director, National Foundation for American Policy. The webinar was co-sponsored by the Cornell Law School Federalist Society, the Cornell Migrations Initiative, the New York State Office of New Americans, and Catholic Charities of Tompkins Tioga. https://cornell.zoom.us/j/95921538483?pwd=SDA4akNPVkFoVjN2ZUVsU212b3RVdz09

Mr. Yale-Loehr was quoted by several media outlets regarding recent U.S. policy changes making it easier for STEM international students to work in the United States:

• “Biden Admin. Expands Definition Of STEM For Int’l Students,” Law360. Mr. Yale-Loehr said, “Together, these administrative changes provide a small but significant step to help keep U.S. companies competitive in a global economy and to address workforce shortages. Larger actions, such as increasing the number of employment-based green cards, will require Congressional action.” https://www.law360.com/immigration/articles/1457587/biden-admin-expands-definition-of-stem-for-int-l-students (registration required)
• “Foreign Students Will Now Have More Job Opportunities After Visa Modification,” Univision. Mr. Yale-Loehr said, “These changes will help keep American businesses competitive. The policy changes will make it easier for international students and professionals in so-called STEM fields to stay and work in the United States for an extended period of time after they complete their studies and graduate. Among other things, the changes add 22 new STEM fields, including bioenergy, cloud computing, and data science, that international students can study to qualify for work in the United States for up to three years after graduation.” https://www.univision.com/noticias/inmigracion/estudiantes-visas-f-1-tendran-mas-oportunidades-para-trabajar-eeuu (in Spanish, with English translation available)

Mr. Yale-Loehr was quoted by the Utica NY Observer-Dispatch in ” ‘Not to be there…is killing me’: Professor Aches for Comatose Wife Stuck in Ethiopia.” Mr. Yale-Loehr noted that both the pandemic and the United States’ “broken” immigration system have led to many family separations. “Family separation is a large and continuing problem in all of immigration,” he said. (subscription required)

Mr. Yale-Loehr was quoted by Univision in “Supreme Court Hears Arguments on the Release of Undocumented Persons Detained for More Than 6 Months.” He said, “Two lower courts held that, in certain cases, immigrants have that right [to a bail hearing]. But the conservative majority of the Supreme Court may disagree with those rulings,” he warns. The arguments, presented by immigration defense attorneys and the Justice Department, concern whether foreigners who have been detained for more than six months “have the right to a bail hearing to be released,” he said. In one of the cases, the immigrant Antonio Arteaga-Martínez argues that to avoid a violation of due process, “he and some other immigrants should have the right to a bond hearing after six months in detention. However, last year, the Supreme Court ruled 6-3 that immigrants who return illegally to the United States after being deported must be held without bond while they await a second deportation hearing,” he noted. Mr. Yale-Loehr said that “the cases are important, in part due to the large backlog of cases in immigration court. More than 1.5 million immigrants have cases pending with the [Executive Office for Immigration Review]. It can take years to get a decision. If immigrants have to be detained all that time, the monetary and social costs will be immense.” https://www.univision.com/noticias/inmigracion/corte-suprema-indocumentados-liberacion-detenidos-seis-meses (in Spanish, with English translation available)

Mr. Yale-Loehr was quoted by several Brazilian newspapers about U.S. President Biden’s immigration reform plans. As an example, Mr. Yale-Loehr was quoted by Diario do Grande ABC Internacional in “Biden Faces Pressure From Companies to Reform Immigration System.” Mr. Yale-Loehr said, “Companies cannot remain competitive in a global economy or meet consumer demand if they cannot hire and retain the workers they need. This is especially true given the current labor shortages and pandemic delays in visa applications and renewals.” https://www.dgabc.com.br/Noticia/3823241/biden-enfrenta-pressao-de-empresas-para-reformar-sistema-imigratorio (in Portuguese, with English translation available)

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In this issue:

1. SELF-EMPLOYMENT VISAS: AN OVERVIEW – This article provides an overview of self-employment visas in Italy and Turkey.

2. HEADLINE – This article discusses recent developments in COVID-19-related border measures.

3. ITALY – The Italian government announced changes to the posted workers notification procedure.

4. RUSSIA – Air travel has resumed between Russia and numerous countries.

5. UNITED KINGDOM – The video call COVID-19 temporary adjusted right-to-work process had been due to end. However, the United Kingdom (UK) Home Office extended the process again to April 5, 2022.

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

7. ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – October 2021

1. SELF-EMPLOYMENT VISAS: AN OVERVIEW

This article provides an overview of self-employment visas in Italy and Turkey.

Italy

The type and number of self-employment (Lavoro Autonomo) authorizations available to non-European Union (EU) nationals are set by means of the quota decree (decreto-flussi). Not all self-employment categories are available each year.

In general, to be eligible for self-employment, an applicant must:

• Have suitable accommodation in Italy;
• Have financial resources exceeding the minimum level set by the law for the exemption from a healthcare contribution (8,500 euros);
• Obtain a Police Clearance (Nulla Osta) in Italy; and
• Have certificates, documents, or attestations as required for the type of self-employment activity to be performed (applicants must meet the legal requirements for the performance of the activity in question, including, when required, the prerequisites for entering into professional registers).

Some categories of self-employment visas are issued outside of the quota decree (e.g., translators and interpreters, university professors, lecturers, managers in an intra-company framework).

Details:

• Italy Self-Employment Visa, Mazzeschi S.r.l., https://www.mazzeschi.it/italy-self-employment-visa/
• Italy’s Freelance Visa: Not As Easy As It Sounds!, Mazzeschi S.r.l., https://www.mazzeschi.it/italys-freelance-visa-not-as-easy-as-it-sounds/
• Self-Employment Visa for Entrepreneurs Intending to Implement an Investment Plan in Italy, Mazzeschi S.r.l., https://www.mazzeschi.it/self-employment-visa-for-entrepreneurs-intending-to-implement-an-investment-plan-in-italy/
• Italy Startup Visa, Mazzeschi S.r.l., https://www.mazzeschi.it/italy-startup-visa/

Turkey

Those who wish to be self-employed in Turkey will not have a readily available visa category. Although there have been self-employed work permits historically for those who have had continual lawful residence in Turkey for several years, the Ministry of Labor no longer approves those applications. Also, although a Turquoise Card program was established and regulations promulgated that would allow for self-employment for several highly qualified individuals, this program has not yet been implemented.

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2. CANADA

This article discusses recent developments in COVID-19-related border measures.

On September 3, 2021, the government of Canada confirmed that it will proceed with its plan to ease border measures for fully vaccinated foreign travelers entering Canada. Based on the latest available data, scientific evidence, and the epidemiological situation both in Canada and internationally, the government intends to bring a number of changes into effect.

As of September 7, 2021, all fully vaccinated foreign nationals are permitted to enter Canada for discretionary (non-essential) travel. On August 9, 2021, the government opened Canada’s borders to fully vaccinated U.S. citizens and permanent residents.

Below are questions and answers summarizing these developments:

What changed on September 7, 2021?

Fully vaccinated travelers, from any country, can now travel to Canada for discretionary (non-essential) purposes and will not be subject to a 14-day quarantine requirement.

To be considered fully vaccinated, travelers must have received two doses or a combination of the Pfizer, Moderna, or AstraZeneca/COVISHIELD vaccines, or a single dose of the Janssen (Johnson & Johnson) vaccine, at least 14 days before entering Canada.

What requirements are still in place?

For travelers who are not fully vaccinated, there are no changes to Canada’s current mandatory testing requirements, and such travelers still must complete a mandatory 14-day quarantine requirement, subject to limited exceptions.

Foreign nationals who are fully vaccinated continue to be required to have a negative pre-arrival COVID-19 molecular test result taken no more than 72 hours before the scheduled departure time of their last direct flight to Canada, or no more than 72 hours before their entry into Canada if arriving by land or water. Travelers who have already had COVID-19 and recovered can provide proof of a positive COVID-19 molecular test taken at least 14 and no more than 180 days before the initial scheduled departure time of their aircraft, or their entry into Canada by water or land. If arriving by air, they must provide proof of their test result to the airline before boarding their flight to Canada.

As has been the case since August 9, 2021, fully vaccinated travelers do not need to take a test on arrival unless they are randomly selected to complete a day-one COVID-19 molecular test. All travelers who are randomly selected for the border testing surveillance program must complete the mandatory arrival test; however, they do not need to quarantine while awaiting the result.

Fully vaccinated travelers must also be asymptomatic, have a paper or digital copy of their vaccination documentation in English or French (or certified translation, along with the original), and provide COVID-19-related information electronically through the ArriveCAN app before arrival in Canada. Travelers should ensure that they are using the updated version of ArriveCAN (available as of September 7, 2021) and that they include unvaccinated children under 18 years and dependent adults in their ArriveCAN submission.

They must still present a suitable quarantine plan, and be prepared to quarantine, in case it is determined at the border that they do not meet all of the conditions required to be exempt from quarantine. As with all other exempt travelers, they must follow public health measures in place, such as wearing a mask when in public and keeping a copy of their vaccine and test results, as well as a list of close contacts for 14 days after entry to Canada.

Details:

• Travel advisory, Government of Canada, https://www.canada.ca/en/border-services-agency/news/2021/09/travel-advisory-reminder–on-september-7-new-measures-for-fully-vaccinated-international-travellers-to-canada-will-come-into-force.html

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3. ITALY

The Italian government announced changes to the posted workers notification procedure.

Changes to the Posted Workers Notification Procedure

Decree 170/2021 defines the standards and rules for the electronic transmission of communications in relation to long-term posted workers in Italy (established by Decree 122/2020 pursuant to EU Directive 2018/957). Decree 170/2021 set out the procedure for posting an extension of a posted workers notification after 12 months as follows:

• The “motivated notification” for a long-term posting must be communicated to the Ministry of Labour and Social Policies within 5 days of exceeding 12 months’ duration of the posting;
• The posted worker communication is valid as a motivated notification in the event that the duration of more than 12 months is already predetermined at the beginning of the posting.

New postings: The new rules apply to any new posting starting from the date of entry into force of the Decree.**

Long-term ongoing postings: The notification must be made within 30 days from the date of entry into force of the Decree. The 12-month period is calculated starting from July 30, 2020.

Decree n. 122/2020 set forth that :

• The maximum period of posting is reduced to 12 months, extendable to 18 months in case of motivated notification to the Ministry of Labour. After 12 months (or 18 months), the posted worker must be subject, if more favorable, to the working conditions of the host state, including social security rules;
• When a posted worker is replaced by another worker performing the same tasks at the same place, the 12-month period (or 18-month) period must be calculated by adding up the posting period of each worker. Thus, it is not possible to avoid the rule at the previous point by just substituting a worker with another one for the same task/location.

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4. RUSSIA

Air travel has resumed between Russia and numerous countries.

Foreign citizens entering the Russian Federation for the purpose of carrying out work activities must observe a self-isolation (quarantine) regime for 14 calendar days from the date of entry, regardless of the country of entry.

As of September 23, 2021, air travel was resumed with Iraq, Kenya, Slovakia, and Spain.

As of press time, air communications were open between Russia and following countries

United Kingdom

Tanzania (air communications suspended until November 1, 2021)

Turkey

Switzerland

Egypt

Maldives

United Arab Emirates

Republic of South Ossetia

Belarus

Kazakhstan

Kyrgyzstan

Republic Of Korea

Abkhazia

Cuba

Serbia

Japan

Seychelles

Ethiopia

Finland

Vietnam

India

Qatar

Greece

Singapore

Azerbaijan

Armenia

Germany

Venezuela

Syria

Tajikistan

Uzbekistan

Sri Lanka

Iceland

Malta

Mexico

Portugal

Saudi Arabia

Austria

Hungary

Lebanon

Luxembourg

Mauritius

Morocco

Croatia

Belgium

Bulgaria

Jordan

Ireland

Italy

Cyprus

China

Liechtenstein

North Macedonia

United States

Albania

France

Czech Republic

Bahrain

Dominican Republic

Moldova

Iraq

Spain

Kenya

Slovakia

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5. UNITED KINGDOM

The video call COVID-19 temporary adjusted right-to-work process had been due to end. However, the United Kingdom (UK) Home Office extended the process again to April 5, 2022.

The adjusted process has been well-received by employers. The extra time will allow the UK Home Office to expand standard online right-to-work checks to all employees, meaning physical document checks will no longer be necessary. Currently, standard online right-to-work checks can be used for anyone with a Biometric Residence Permit or digital immigration status but not, for example, British or Irish citizens who do not need permission to work in the UK.

Late Applicants to the EU Settlement Scheme

The Home Office updated its employers’ guide to right-to-work checks. The main change concerns where an employer is recruiting someone who has applied late to the European Union (EU) Settlement Scheme after June 30, 2021. Two things need to be checked for right-to-work purposes before the employment can begin. First, employers must receive digital or non-digital confirmation from the Home Office that the application has been submitted (Certificate of Application). Second, employers must use the Employer Checking Service and receive a Positive Verification Notice confirming the person has the right to work.

Details:

• FAQ on Right-to-Work Checks: What Employers Need to Know, Kingsley Napley, https://www.kingsleynapley.co.uk/services/department/immigration/slp/right-to-work-checks
• COVID-19 right-to-work checks: advice for employers (UK), https://www.gov.uk/guidance/coronavirus-covid-19-right-to-work-checks
• Employers’ Guide, UK Home Office, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1014298/2021.08.31_Employers_Guide.pdf
• Employer Checking Service, https://www.gov.uk/employee-immigration-employment-status

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6. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: ·

The latest immigration news is at https://www.abil.com/news.cfm. ·

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

–   ABIL Members Note Immigration Threats for Employers in 2018: http://www.prweb.com/releases/2018/03/prweb15261255.htm

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

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7. ABIL Member / Firm News

Todd Fowler and Guillermo Weiner of Foster LLP provided human resources (HR) professionals with an overview of the latest guidance regarding employees who telecommute and the PERM process in a webinar on September 15, 2021. HR professionals gained insight into the movement in the Department of State’s Visa Bulletin and what it meant for their employees, including potential options to “downgrade” an existing petition to speed up the employee’s ability to file for the last step in the green card process, as well as important updates affecting the validity of medical exams filed with the green card application. Jeff Joseph of Joseph & Hall PC, Charles Kuck (https://www.abil.com/lawyers/lawyers-kuck.cfm) of Kuck Baxter Immigration LLC, and Greg Siskind of Siskind Susser PC are representing nearly 200 green card applicants in Chakrabarti v. USCIS in the U.S. District Court for the District of Columbia. Regarding U.S. Citizenship and Immigration Services’ argument that the suit was a backdoor tactic to change the employment-based visa program, Mr. Kuck said, “This is not about changing the program. The program is obviously poorly run, but … our suit does nothing more than maintain the status quo.” https://www.law360.com/articles/1426002/feds-say-workers-green-card-suit-is-congress-problem (registration required)

Klasko Immigration Law Partners, LLP, has released a new client alert: “Starting in November: Travel Bans Are Out; Covid Vaccine and Testing Requirements Are In.”

Mr. Kuck, Jeff Joseph of Kuck Baxter Immigration Partners LLC, and Greg Siskind of Siskind Susser PC represented plaintiffs in a recent case, Kinsley v. Blinken, in which a U.S. district court judge issued a decision on October 5, 2021, prohibiting the use of travel bans as a reason not to process or issue visas. Mr. Siskind and Mr. Kuck were quoted by the Times of India in “Good News for H-1B Visa Holders Stranded in India.” Mr. Siskind said, “This is a pretty important win for us because [the lawsuit] was specifically aimed at killing the illegal interpretation across the board and not just for the plaintiffs. This will also hopefully bar a President in the future from abusing this power.” Mr. Kuck said, “We are grateful that Judge Boasberg saw through the cascade of baseless legal theories put forward by the Department of State to finally and affirmatively rule that it is a violation of federal law to refuse to issue visas solely because a President has proclaimed an entry ban under the Immigration and Nationality Act 212(f). We call on the Department of State to now do away with its ridiculous and legally unnecessary national interest exemption program and get back to the business of visa issuance around the world regardless of those entry bans.”

Mr. Kuck was quoted by the Atlanta Journal-Constitution in “Rapper 21 Savage Briefly Jailed on Drug, Weapons Charges in DeKalb.” Mr. Kuck is representing the Grammy Award-winning musician 21 Savage, whose real name is Shéyaa Bin Abraham-Joseph, in his ongoing immigration proceedings. Mr. Kuck said, “These manufactured charges are yet another example of how our justice system, from ICE down to the local level, unjustly targets young Black men who seek to exercise their rights,” he said in a statement. “There is no legitimate basis for these charges nor for ICE’s continued antics, and we will fight until Mr. Joseph is justly vindicated.” An immigration hearing is scheduled for November 1, 2021. “As a minor, his family overstayed their work visas, and he, like almost 2 million other children, was left without legal status through no fault of his own,” Mr. Kuck said. https://www.ajc.com/news/rapper-21-savage-briefly-jailed-on-drug-weapons-charges-in-dekalb/KFDU3VLNGNGR3HRNYYWTCUJ7YQ/ Mr. Kuck was quoted by the San Francisco Chronicle in “Indians Waiting for Green Cards Hoped That a Decades-Long Backlog Might End This Year. Instead, Thousands of Slots May Disappear.” In response to a statement that U.S. Citizenship and Immigration Services “is reviewing all policies, operational procedures and options under the law that would allow for available green cards to either be issued before the end of the fiscal year or carried over into FY 2022,” Mr. Kuck said that was not true. Commenting on the queue of applicants who are at risk of losing their chance for a green card, he said, “It’s a psychological nightmare for the people waiting in line. It’s like walking up to a kiosk and the guy in front of you gets his doughnut and coffee and you get up to the kiosk and they pull the shade down and wheel the cart away.” He said the situation is “an affront by the immigration agency to its customers that paid extraordinary amounts of money for a timely service that they are apparently incapable of providing. The cavalier manner [in which] the acting deputy director dismissed the [concerns] in federal court on this issue is shocking. … There appears to have been no effort made to prioritize the use of this maybe once-in-a-generation number of visas to dig into a pressing backlog.” https://www.sfchronicle.com/bayarea/article/Indians-waiting-for-green-cards-hoped-that-a-16491324.php#photo-21517475 (subscription required)

Mr. Kuck was quoted by the Atlanta Journal-Constitution in “Kemp’s Immigration Policy Could Complicate Bid for Second Term.” Mr. Kuck said Governor Brian Kemp of Georgia was in search of a “shiny object” to distract from former President Trump’s ongoing attacks targeting the governor. “This is a reelection stunt. If he’s going to the border, he’s searching for a solution that does not exist,” Mr. Kuck said

Mr. Kuck was quoted by Atlanta Magazine in “Freedom University Wasn’t Meant to Last This Long.” He said the Board of Regents of Freedom University is “not answerable to the state legislature” and can change policies if it chooses, at least for Deferred Action for Childhood Arrivals recipients. He blamed a lack of progress on “constant finger-pointing between the legislature and the regents. ” ‘It’s their fault. It’s their fault. It’s their fault.’ That’s what’s extraordinarily frustrating about this. Nobody wants to take responsibility for depriving these kids of an education.” https://www.atlantamagazine.com/great-reads/freedom-university-wasnt-meant-to-last-this-long/

Robert Loughran (bio: https://www.abil.com/lawyers/lawyers-loughran.cfm?c=US) reported the following:·         Mr. Loughran discussed recent developments in immigration laws, policies, and procedures in the United States and how the 2020 elections affect immigration for the next four years in his presentation, “Immigration: What to Expect with the New Administration,” at the HR Houston Gulf Coast Symposium on August 3, 2021. https://hrhouston21.mapyourshow.com/8_0/sessions/session-details.cfm?scheduleid=82·         Avalyn Langemeier and Alex Vickery presented “An Introduction to Various Immigration Documents and Their Use or Significance.” They discussed the different types of immigration-related documents an employee may have, their significance, and how an HR professional and employee might interact with or use the documents at different stages in the nonimmigrant (temporary worker) or permanent residence process. They also touched on documents commonly presented during the Form I-9 employment eligibility verification process and how those documents should be initially recorded and later reverified. This discussion was presented at HR Houston’s Gulf Coast Symposium on August 4, 2021. https://hrhouston21.mapyourshow.com/8_0/sessions/session-details.cfm?scheduleid=82·         Helene Dang and Brenda Hicks addressed in their presentation, “Gaining Insight on Unspoken Nuances Regarding Immigration,” some common issues and educated HR professionals on certain nuances, such as government delays and practices, the role of and action items for the employer and employee, dual representation issues, and management of managers’ and employees’ expectations, including on timelines. This discussion was presented at HR Houston’s Gulf Coast Symposium on August 4, 2021. https://hrhouston21.mapyourshow.com/8_0/sessions/session-details.cfm?scheduleid=128·         Charles Foster joined Houston Mayor Sylvester Turner; Lyndon B. Johnson’s daughters, Lynda Bird Robb and Luci Baines Johnson; and members of the Lyndon B. Johnson Advisory Board in the unveiling of the LBJ monument in Houston, TX on August 6th, 2021. Development for the monument was initiated by Charles Foster, who served with David B. Jones as co-chairman of the Lyndon B. Johnson Monument Advisory Board, raising all funds for the direct costs from private donors. Mr. Loughran said, “President Johnson regularly ranks as one of the greatest presidents based on his extraordinary legislative achievements, including the three seminal civil rights bills that after 100 years achieved full legal rights for all Americans. Also included in President Johnson’s extraordinary portfolio is the Immigration Act of 1965, which opened legal immigration from all nations equally, based upon family reunification and needed job skills in the United States.” https://www.houstontx.gov/mayor/press/2021/lbj-monument-dedication.html?fbclid=IwAR31S5w7hCmUVvtqPXEpOH_u0ayYBtKjyCs20GaOCRBGntaXqCOaIquEbpYCyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm), Sung-Min Baik, and Kaitlyn Box co-authored a new blog posting: “Recent Trends in Requests for Evidence on I-140 Petitions.” http://blog.cyrusmehta.com/2021/09/recent-trends-in-requests-for-evidence-on-i-140-petitions.html

Mr. Mehta was quoted by Forbes in “Immigrants Hope Registry Saves Immigration Bill.” Mr. Mehta said, “Registry would help a whole swath of people, and the only criteria would be that the individual entered the U.S. by a particular date and has resided continuously from that date in the U.S. They would be able to apply for adjustment of status, and the government can impose supplemental or super-fees that would generate revenues for the United States. The person must also demonstrate good moral character and certain criminal, smuggling, narcotics law violations and some other grounds of inadmissibility apply. Waivers that exist under the INA [Immigration and Nationality Act] for these grounds of inadmissibility would apply even for an adjustment application under registry. Unlike the prior immigration provisions that were rejected by the parliamentarian, there is no need to establish that you came into the U.S. before 18 or are an essential worker or have an approved I-130 or I-140 petition. A qualified applicant needs to show that he or she entered the U.S. prior to the cutoff date, which is January 1, 1972, under current law [INA Section 249] and has resided continuously since that date.” Regarding moving the registry date closer to the present, he said, “I completely agree that the date should move to January 1, 2021, so that the new provision can help as many people as possible who have been waiting to either regularize their status or to get a green card. The fees that can be collected for each adjustment application under Section 249 will generate billions of dollars in revenues to the Treasury [depending on the fee set]. There are no quotas or caps for green cards under registry.” He was not certain that the parliamentarian would approve changing the registry date in a reconciliation bill, as has been proposed. “It is difficult to say whether the parliamentarian will accept this alternate proposal. She ought to this time because the [INA] is not being substantively changed and no new categories are being created under which people may file adjustment of status applications. All that is happening is that the cutoff date will move from January 1, 1972, to a more recent date.” https://www.forbes.com/sites/stuartanderson/2021/09/22/immigrants-hope-registry-saves-immigration-bill/?sh=b6dff6ae3b17

Mr. Mehta was quoted in several other media outlets on the registry proposal:

• “U.S. Immigration Reforms: Setback for Indians Looking to Pay ‘Super Fee’ for Green Card,” Times of India. Mr. Mehta said that the registry would allow anyone present in the United States before a certain date to become a legal permanent resident. https://timesofindia.indiatimes.com/world/us/us-immigration-its-back-to-the-drawing-board-for-dems-with-a-cut-off-date-for-permanent-residency/articleshow/86363843.cms
• “Senate Parliamentarian Deals Crushing Blow to Indian American Workers Stuck in Green Card Backlog,” India-West. The registry would be a “once-in-a-generation opportunity,” he said. “It would give people an opportunity to immediately move out of the backlog.” https://timesofindia.indiatimes.com/world/us/us-immigration-its-back-to-the-drawing-board-for-dems-with-a-cut-off-date-for-permanent-residency/articleshow/86363843.cms

Mr. Mehta provided his views to several media outlets on the immigration provisions of a bill in the House of Representatives to be added to the reconciliation measure. “If enacted, these immigration provisions will dramatically change the immigration system and will provide relief to millions of people,” Mr. Mehta said:·         “Dreamers and Legal Immigration Changes Highlight New House Bill,” Forbes, https://www.forbes.com/sites/stuartanderson/2021/09/13/dreamers-and-legal-immigration-changes-highlight-new-house-bill/?sh=546acd3b69a9 ·         “Bill: Payment of a Super-Fee Will Enable Indians Caught in Decades-Long Backlog to Get a Green Card,” Times of India, https://timesofindia.indiatimes.com/world/us/bill-payment-of-a-super-fee-will-enable-indians-caught-in-decades-long-backlog-to-get-a-green-card/articleshow/86139144.cms ·         “Landmark Proposal in Budget Reconciliation Bill Could Grant Green Cards Immediately to Thousands Stuck in Backlog,” India-West, https://www.indiawest.com/news/global_indian/landmark-proposal-in-budget-reconciliation-bill-could-grant-green-cards-immediately-to-thousands-stuck-in/article_666bc822-165d-11ec-b89b-17fa22700888.html ·         “New Provisions Could Ease Green Card Process for Indians,” Economic Times of India, https://economictimes.indiatimes.com/nri/migrate/new-provisions-could-ease-green-card-process-for-indians/articleshow/86160640.cms Mr. Mehta and Isabel Rajabzadeh co-authored a blog posting: “Long Live Matter of Housseinpour: Making the Case for Dual Intent in All Nonimmigrant Visas.” http://blog.cyrusmehta.com/2021/09/long-live-matter-of-housseinpour-making-the-case-for-dual-intent-in-all-nonimmigrant-visas.html Mr. Mehta and Kaitlyn Box co-authored a new blog post: “Reflections of Two Immigration Lawyers on the 20^th Anniversary of the September 11 Attacks.” http://blog.cyrusmehta.com/2021/09/reflections-of-two-immigration-lawyers-on-the-20th-anniversary-of-the-september-11-attacks.html Wolfsdorf Rosenthal LLP has published several new blog posts: “Update on the EB-5 Regional Center Program,” “HR’s Crucial Role in Life Sciences IPOs,” “Tips for Travelers and Foreign Workers Seeking U.S. Visa Appointments,” “White House: All Foreign Nationals Flying to the U.S. Required to be Vaccinated – Some Regional COVID Travel Bans to be Waived,” “Family Reunited After Mandamus Lawsuit Against U.S. Consulate Proves Successful,” “Technology is Key for HR to Manage Fast Growth,” “U.S. Embassies & Consulates: September Update on Closures & Reopenings,” “California Law Would Prevent Transfers From Local Law Enforcement to ICE Custody,” and “Creating a Path to Citizenship: Update on President Biden’s Legislative Proposal for Immigration Reform.” https://wolfsdorf.com/news/ Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by The World in “Biden Administration Takes Step to ‘Bullet Proof” DACA.” Mr. Yale-Loehr said about the proposed DACA rule, “It’s a well-crafted, well-thought-out proposed rule.” He said the rule is “another way to bulletproof the program from litigation.” https://www.pri.org/stories/2021-10-01/biden-administration-takes-step-bulletproof-daca Mr. Yale-Loehr co-authored a FAQ about the new proposed DACA rule. https://www.presidentsalliance.org/wp-content/uploads/2021/09/2021-09-28-The-Proposed-DACA-Regulation-What-You-Need-to-Know.pdf Mr. Yale-Loehr was quoted by more than 100 newspapers regarding the new proposed DACA rule, including the New York Times, Wall Street Journal, Associated Press, Reuters, The Guardian, and Inside Higher Ed. Examples include:·         “Biden Administration Moves to Protect Undocumented Young Adults,” New York Times. Mr. Yale-Loehr said the 205-page rule “basically is an effort to bulletproof the DACA program from litigation challenges. While Democrats will try to find other ways to provide a path to a green card for Dreamers, the proposed rule could be a temporary safety net for Dreamers if legislation fails.” https://www.nytimes.com/2021/09/27/us/politics/daca-biden.html

• “Codifying and Fortifying DACA,” Inside Higher Ed. Mr. Yale-Loehr said that both the district court in Texas and the Supreme Court “raised concerns about the automatic work permit aspect of the original DACA program, so by separating the two I think the Department of Homeland Security thinks they will have a stronger litigation strategy.” Overall, he described the rule as “an effort to bulletproof the existing program from litigation challenges.” Still, even if this rule is finalized, he said it would not head off all potential legal challenges. “This may take care of the procedural problems that Judge Hanen identified in his July ruling, but there are still the substantive challenges that Texas and other states will press. For example, they are sure to argue that only Congress can enact such a wide-ranging program.” https://www.insidehighered.com/news/2021/09/28/biden-administration-proposes-rule-daca

Mr. Yale-Loehr is supervising a group of about 25 Cornell Law School students who have volunteered to help Afghans at risk. In addition to filing 11 humanitarian parole applications, there are another 40-some in the pipeline.

Mr. Yale-Loehr was quoted in several media outlets about migrant issues:·         “This Obscure, Now Contentious Law is Being Used to Expel Thousands of Migrants,” National Geographic. Commenting on temporary protected status for Haitians, Mr. Yale-Loehr said, “The problem is that it only protects people who were already in the United States. People who are entering now are not eligible for TPS.” He also said, “The United States has to realize that more people are on the move in the world than ever before. We’re never going to be able to shut off our borders.” https://www.nationalgeographic.com/history/article/this-obscure-now-contentious-law-is-being-used-to-expel-thousands-of-migrants ·         “U.S. Diplomat Resigns and Denounces ‘Inhumane’ Refugee Deportations,” Correio Braziliense. Mr. Yale-Loehr said, “The myriad migration situations, including Afghans and people trying to cross the U.S.-Mexico border, make it more difficult for President Biden to advance his legislative agenda on immigration. Given the criticism leveled at the government, rightly or wrongly, it is much more difficult to persuade Congress to legalize several million immigrants. The White House is stuck in a political dilemma. President Joe Biden inherited the migration crises largely unleashed by Donald Trump. There is no easy or quick solution to these problems.” https://www.correiobraziliense.com.br/mundo/2021/09/4951309-diplomata-dos-eua-se-demite-e-denuncia-deportacoes-desumanas-de-refugiados.html (in Portuguese with English translation available)

Mr. Yale-Loehr was quoted by the Ritz Herald in “Proposed DACA Rule Offers Stability, as Doors Close in Congress.” Mr. Yale-Loehr said, “The proposed rule becomes more important now that the Senate parliamentarian has ruled that legalization provisions for DACA recipients can’t be included in the budget reconciliation bill. While Democrats will try to find other ways to provide a path to a green card for Dreamers, the proposed rule could be a temporary safety net if legislation fails. In July, a federal district judge in Texas ruled that the DACA program, started in 2012 by then-President Obama through executive action, violated procedural rules. The new proposed rule would correct that problem. People will have a chance to comment on the proposed rule after it is published in the Federal Register. Thus, it will still take several months for the Biden administration to finalize the rule. And even after a final rule, conservative states could challenge the new regulation on the merits. Still, the proposed rule shows that the Biden administration is committed to continuing the DACA program.” https://ritzherald.com/proposed-daca-rule-offers-stability-as-doors-close-in-congress/

Mr. Yale-Loehr was quoted by Univision in “Immigrants March in Washington, DC, to Ask Congress for a Path to Citizenship.” Mr. Yale-Loehr said that the problem with a Democratic plan to include immigration provisions in the $3.5 trillion budget reconciliation package lies in the Senate, where “Democratic Senators Joe Manchin (West Virginia) and Kyrsten Sinema (Arizona) have already signaled that they are uncomfortable with the total $3.5 trillion dollar bill. In short, to be successful, Democrats must pass a very thick immigration thread through a very small legislative needle.” https://www.univision.com/noticias/inmigracion/inmigrantes-marchan-washington-pedir-gobierno-y-congreso-legalizacion-de-indocumentados (in Spanish with English translation available)

Mr. Yale-Loehr was quoted by Univision in “Immigration Ombudsman Advises Dreamers to Renew DACA Protection on Time.” Mr. Yale-Loehr said that a new proposed rule “is about to be published to help about 700,000 Dreamers. The proposed rule could be published any day. The new regulation could put the Deferred Action for Childhood Arrivals (DACA) program on a better legal basis.” He noted that “the rule to be proposed becomes more important now that the Senate’s top adviser (parliamentarian) has ruled that legalization provisions for DACA recipients cannot be included in the budget reconciliation bill. The new rule on the way could be a temporary safety net for Dreamers if the legislation fails.” https://www.univision.com/noticias/inmigracion/documentos-dreamers-uscis-daca (in Spanish with English translation available)

Mr. Yale-Loehr was quoted by the Washington Times in “Democrats Maneuver Behind the Scenes to Secure Amnesty Provisions in Biden’s $3.5T Spending Bill.” “In sum, to succeed, Democrats must thread a very thick immigration string through a very small legislative needle,” he said. https://m.washingtontimes.com/news/2021/sep/14/democrats-maneuver-behind-the-scenes-to-secure-amn/

Mr. Yale-Loehr was quoted by Radio Free Asia in “US Visa Extension to Offer 18-Month Work Permit to ‘Eligible’ Hongkongers.” Referring to President Biden’s memorandum issued August 5, 2021, allowing Deferred Enforced Departure (DED) for “certain Hong Kong residents,” along with the right to work for 18 months, Mr. Yale-Loehr said the move was a good first step but that more is needed: “There are many things that could be done to help Hongkongers in the U.S. First, the president can extend the initial 18-month period. Second, Congress can pass a law giving them the avenue to obtain green cards in the United States.” He added that a similar law was passed to aid Chinese students and former members of the 1989 pro-democracy movement at Beijing’s Tiananmen Square and elsewhere in China. https://www.rfa.org/english/news/china/visa-09032021124035.html

Mr. Yale-Loehr was quoted by Univision in “How the Terrorist Attacks of September 11, 2001 Brought Down Immigration Reform.” Mr. Yale-Loehr said, “In 2001 President George Bush seemed ready to push for comprehensive immigration reform in Congress. The 9/11 terrorist attacks changed all that. Suddenly, instead of thinking of immigrants in a positive light, Americans perceived them as threats to national security. For that reason, when Congress created DHS in 2003, it moved the immigration office to that new ministry. At some point the legislature will have to fix our broken immigration system. However, given the current political fractures, it is possible that this will not happen soon.” https://www.univision.com/noticias/inmigracion/9-11-atentados-reforma-migratoria (Spanish, with English translation available)

Mr. Yale-Loehr and a Cornell law student compiled a resource list for Afghans at risk, which includes links to many organizations that are assisting Afghans in a variety of ways. https://docs.google.com/document/d/14aHqVbqO2ivtqA8Wl05Lvb0IfaCR1TkN8CDPqLDjuEc/edit

Mr. Yale-Loehr was mentioned by Law360 in “Feds Want DACA Appeal Paused Until New Rule Is Finalized.” The publication noted that Mr. Yale-Loehr previously said the rule is likely to receive a substantial number of public comments and that it could be more than six months before a final rule is issued. https://www.law360.com/appellate/articles/1428343/feds-want-daca-appeal-paused-until-new-rule-is-finalized (registration required)

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In this issue:

1. REMOTE WORK: AN OVERVIEW – This article provides an overview of remote work issues in several countries.

2. CANADA – This article discusses the demise of the Owner Operator labour market impact assessment, and what options remain for entrepreneurs hoping to come to Canada.

3. INDIA – The Indian government has simplified the rules for renewal of OCI cards.

4. ITALY – The validity of residence permits has been extended to July 31, 2021. Also, quarantine requirements have been updated for nationals of various countries who wish to enter Italy.

5. RUSSIA – Air travel has resumed between Russia and several countries.

6. UNITED KINGDOM – The Migration Advisory Committee (MAC) has been commissioned to review the Intra-Company Transfer (ICT) category. This article also provides an update on right-to-work checks.

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 2021

1. REMOTE WORK: AN OVERVIEW

This article provides an overview of remote work issues in Canada, Italy, and Peru.

Canada

Working Remotely: Is a Work Permit Required?

Under the Immigration and Refugee Protection Regulations, “work,” for which a foreign national must obtain a valid work permit, is defined broadly as “an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market.” This broad definition of work signals the Canadian government’s intention to ensure that Canadian employers hire Canadians and permanent residents first. However, long-distance work, conducted via telephone or internet, that is performed by a temporary resident for an employer who is located outside Canada and who is being remunerated from outside Canada, is not considered to be work for which a Canadian work permit is required.

Possible Taxation Implications of Remote Work

Notably, as a caution, even in situations where a foreign worker is not required to obtain a work permit to work remotely in Canada, work conducted remotely while in Canada may expose both the employer and employee to Canadian tax obligations. This is because tax implications are often driven by the location in which the work is physically performed.

Details:

• What is/is not work?
• See also https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1528&top=17

Italy

Italy does not have any specific provision regarding remote work carried out by foreign visitors.

From a strict legal point of view, however, it appears that even if an individual works for clients outside Italy, if he or she is in Italy without a work visa (for tourism or business), that person is still working and therefore would be violating the scope of the visa or authorization to enter (if a non-visa national).

Details:

• Working Remotely: Should I Stay or Should I Go?,” https://www.mazzeschi.it/remote-working-in-italy-can-you-do-it/

Peru

With respect to working remotely in Peru, there are several aspects to bear in mind.

Once the first case of Covid-19 was confirmed in Peru on March 6, 2020, a “mandatory social immobilization” of the population and several restrictions were decreed in the following days.

The Peruvian government declared a State of National Emergency, as well as a declaration of Sanitary Emergency, which established the temporary closure of the borders. At present, these declarations remain in force, although Peruvian borders were opened months ago, with some restrictions.

Since March 2020, employers were authorized to decide whether to implement remote work policies for those positions where it was compatible. Public and private sector employers were encouraged and authorized to modify the place of provision of services of all of their workers to implement remote work, which is set out in the framework of the Sanitary Emergency.

“Remote work” is characterized by the provision of certain services by workers physically present in their home or place of home isolation, using any means or mechanism that makes it possible to carry out the work outside the workplace, provided that the nature of the labor permits it.

Currently, with already more than a year having elapsed since the beginning of the State of Emergency, and the need to continue remote work to avoid the further spread of Covid-19 while the process of vaccination is advancing, it is important to review how various companies have implemented remote work, its consequences, and applicable rules to facilitate it. Everything points to the possibility that remote work could be implemented permanently for some positions, where feasible.

Peru does not have any specific immigration provision regarding remote work carried out by foreign employees or foreign visitors. The only reference that can be found, and that might be applied by analogy to this scenario, is established in D.U. N° 026-2020, which refers to remote work for dependent workers prevented from entering the country by the provisions of the Ministry of Transport and Communications in the framework of Covid-19, who can perform remote work from where they are. Presumably, this provision, issued from a labor point of view, has been thought mainly for national employees and not for foreign workers necessarily, and less for their visa processes and their renewals. This seems even more the case since from March 2020, MIGRACIONES requires the physical presence of the applicant in Peru for visa purposes, either for in-country processing post-arrival or visa processing of renewals. The other modality used to obtain work permits, which includes a consular phase, is not operating.

So, from a legal point of view, it could be the case that even though a foreign individual could be working for their clients outside Peru, they would still be working, and if they were to enter Peru without a work visa (for tourism or business), this would violate the scope of the required visa (if the individual is a non-visa foreign national worker, strictly speaking).

It is also important to mention that any worker is subject to the rules of the country where they work. This applies to Social Security’ and tax regulations also. Specific provisions to determine these aspects for employment and immigration purposes in Peru, because working remotely in a country may have consequences both for the individual and for the company by which they are eventually employed.

In Peru, there is no visa category yet that allows employees of overseas companies who remain employed outside Peruvian jurisdiction to work remotely in Peru without the need to obtain a standard work permit.

An employee of any overseas company working in Peru in a local company or client must hold either a temporary or resident appointed worker immigration status.

Foreign employees who continue working for their overseas employer and are visiting Peru, where, for example, they are stuck in Peruvian territory due to travel restrictions or public health emergencies, according to Peruvian immigration rules, should retain a temporary business immigration status/visa as provided at their Peruvian consulate abroad or granted when they entered Peru (visa waiver), because it is understood that they are in the country to perform certain business activities.

Likewise, there are no visitor rules yet that explicitly permit temporary remote working, such as, for example, when the employee of a foreign company cannot leave the territory due to health or other emergencies.

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2. CANADA

This article discusses the demise of the Owner Operator labour market impact assessment, and what options remain for entrepreneurs hoping to come to Canada.

In Canada, the starting point to obtain a work permit as a foreign national is a labour market impact assessment (LMIA). This requires a Canadian company to demonstrate that they advertised the position and that Canadian citizens and permanent residents were given a reasonable opportunity to apply for the position. Until recently, one of the most popular exemptions from advertising to support an LMIA application was the Owner Operator category. Where a foreign national owned more than 50 percent of a Canadian company, no advertising was required, and the Canadian company merely had to establish that the impact of hiring the foreign national would have a neutral or positive impact on the Canadian labor market and that the job offer was genuine.

The Entrepreneur permanent residence category was eliminated approximately two decades ago. Since then, many of the provinces have designed entrepreneur programs, but these provincial programs typically require a minimum investment and creation of jobs in Canada and often take months to be approved. Accordingly, in the absence of a true entrepreneur program, the Owner Operator LMIA provided a path for many self-employed business entrepreneurs to initially come to Canada to work, gain Canadian experience working for a Canadian company, and then ultimately apply for permanent residence under the Express Entry path.

What options remain for entrepreneurs hoping to come to Canada and start a new business?

Recently, Immigration, Refugees and Citizenship Canada (IRCC) launched the Start-Up Visa Program. This program requires foreign nationals to secure financial backing from a designated angel fund or venture capital funds or the support of a business incubator. The Start-Up Visa Program has been underutilized, likely because entrepreneurs are not interested in sharing their business ideas or ownership in their future business.

There is also a C-11 work permit for Entrepreneurs /Self-Employed candidates, but it does not include a direct path to permanent residence. Since most successful candidates for permanent residence require “Canadian work experience,” and self-employed work is not considered “Canadian work experience” (Immigration and Refugee Protection Act), it is unlikely that C-11 work permit holders will qualify for permanent residence.

With the elimination of the Owner Operator LMIA and limitations with the Start-Up Visa, C-11 work permit, and provincial programs for entrepreneurs, Canada is missing out on the potential to attract entrepreneurs. Given that it is well-established that new immigrants are often risk-takers and therefore make good entrepreneurs, this could have a negative long-term impact on Canada’s immigration program and economy. This is particularly relevant in light of estimates of approximately a trillion dollars’ worth of small and medium-sized businesses in Canada that are owned by baby boomers who are set to retire within the next 10 years. So far there has been no indication IRCC plans to develop more policies and programs to create paths for entrepreneurs.

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3. INDIA

The Indian government has simplified the rules for renewal of OCI cards.

The Overseas Citizenship of India (OCI) card is popular among foreign nationals who are of Indian origin and spouses of foreign origin of Indian citizens. The card provides for hassle-free entry and unlimited stay in India.

According to news reports, the Ministry of Home Affairs has simplified the rules regarding renewals. OCI cardholders are no longer required to have their OCI cards reissued each time they obtain a new passport.

Previously, it was mandatory for OCI cards to be re-issued each time a cardholder 20 years of age or younger obtained a new passport, and also at least once after the cardholder obtained a passport after the age of 50. Although the Indian government never enforced this rule consistently and permitted entry to OCIs even if they had not renewed the card, many OCIs frequently faced issues at foreign airports before traveling to India if they had not renewed the OCI card after being issued a new passport. Different airlines interpreted these rules inconsistently.

The new guidance is summarized as follows:

• Card issued before holder turned 20. Those with OCI cards issued before the cardholder turned 20 years old only need to obtain a reissued OCI card once when they obtain a new passport after reaching 20 years of age.
• Card issued after holder turned 20. OCI cardholders who obtained their OCI card after they turned 20 years of age no longer need to obtain a re-issued OCI card and can continue to use their existing card.
• New passport obtained after holder turns 50. OCI cardholders who obtain new passports after the age of 50 are no longer required to have their OCI card reissued.
• New government notification requirements.

• OCI cardholders 20 years of age or younger must upload copies of their new passports with recent passport-size photographs to the OCI online portal each time a new passport is issued, and once after reaching 50 years of age.
• OCI cardholders married to Indian citizens or other OCI cardholders who obtain a new passport must upload a copy of their passport with a recent photograph and a declaration that they are still married.
• Updated documents and photographs may be uploaded by OCI cardholders within three months of receipt of the new passport.
• Travel restrictions. There are no travel restrictions from the date the new passport is issued until new details are recorded on the OCI portal.

The Indian government has yet to post instructions on updating documents and photographs under the relaxed guidance.

Details:

• “Government Simplifies Renewal of OCI Cards,” NDTV, Apr. 16, 2021,

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4. ITALY

Residence Permit Validity Extended

By means of law decree no. 56 of April 30, 2021, the validity of residence permits has been extended to July 31, 2021. Also, quarantine requirements have been updated for nationals of various countries who wish to enter Italy.

The law also extends the validity of Nulla Osta (entry clearances for family reasons, work permits) for the same period, and the terms for conversion of study permits into work permits.

Travel Update: Quarantine Requirements

Travelers from the following countries are no longer required to quarantine upon arrival in Italy: list C countries (Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark—including the Faroe Islands and Greenland—Estonia, Finland, France—including Guadeloupe, Martinique, Guyana, Reunion, Mayotte and excluding other overseas territories outside the European mainland—Germany, Greece, Ireland, Israel, Latvia, Lithuania, Luxembourg, Malta, Netherlands—excluding other overseas territories outside the European mainland—Poland, Portugal—including the Azores and Madeira—United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain—including the territories in Africa—Sweden, Hungary, Iceland, Norway, Liechtenstein, Switzerland, Andorra, Monaco). They must, however, fill out a self-declaration, inform the Prevention Department of the local health authority of their arrival, and present a Covid-19 green certificate confirming a negative (molecular or antigen) swab test taken within the last 48 hours before entering Italy.

Travelers from Canada, Japan, and the United States of America are no longer required to have a specific reason for entering Italy (as well as travelers from other list D countries: Australia, New Zealand, Rwanda, Republic of Korea, Singapore, and Thailand). Upon arrival, they must inform the Prevention Department of the local health authority that they have entered Italy, fill out a self-declaration form, present a negative molecular or antigen swab test taken within the last 72 hours before entering Italy, and quarantine for 10 days. After the period of self-isolation, another molecular or antigenic test must be taken.

The authorizations for Covid-tested flights have been extended to the following countries: Canada, Japan, the United Arab Emirates, and the United States of America.

Travelers from list E countries (i.e., all other countries not included in the above lists, with the exception of India, Bangladesh, Sri Lanka, and Brazil, to which special rules apply ) can enter Italy only for specific reasons, such as work, study, health, or other absolutely essential reasons, or to return to their home or place of residence. The requirements are to inform the Prevention Department of the local health authority upon arrival, fill out a self-declaration form, present a negative (molecular or antigen) swab test taken within the last 72 hours before entering Italy, and quarantine for 10 days. After the quarantine, it is mandatory to take a further molecular or antigenic test.

The paper self-declaration form will be soon replaced by a Digital Passenger Locator Form.

Special rules apply to travelers from India, Bangladesh, Sri Lanka, and Brazil:

• Entry into Italy from India, Bangladesh, or Sri Lanka is allowed only for Italian citizens registered as residents in Italy before April 29, 2021; Italian citizens registered with A.I.R.E. (Register of Italian nationals residing abroad); and travelers authorized by the Ministry of Health.
• Entry into Italy from Brazil was allowed only for residents in Italy before February 13, 2021; to those who are traveling to reach their minor children or spouse in Italy; and to anyone traveling for an essential reason with the authorization of the Ministry of Health.

Details:

For the full set of rules and exceptions that apply, see https://www.esteri.it/mae/resource/doc/2021/05/annex_to_self-declaration_form_justifying_travel_to_italy_14.05_eng_293.pdf or fill out the questionnaire at https://infocovid.viaggiaresicuri.it/index_en.html.

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5. RUSSIA

Air travel has resumed between Russia and several countries.

As of May 25, 2021, according to information on the official government portal, air travel is resumed with the following countries:

• Iceland (Moscow – Reykjavik two times a week);
• Malta (Moscow – Valletta two times a week);
• Mexico (Moscow – Cancun three times a week);
• Portugal (Moscow – Lisbon three times a week);
• Saudi Arabia (Moscow – Jeddah three times a week; Grozny – Jeddah once a week; Makhachkala – Jeddah once a week);

Air travel is also open between Russia and following countries (subject to change):

• UK
• Tanzania
• Turkey
• Switzerland
• Egypt
• Maldives
• United Arab Emirates
• Republic of South Ossetia
• Belarus
• Kazakhstan
• Kyrgyzstan
• The Republic Of Korea
• Abkhazia
• Cuba
• Serbia
• Japan
• Seychelles
• Ethiopia
• Finland
• Vietnam
• India
• Qatar
• Greece
• Singapore
• Azerbaijan
• Armenia
• Germany
• Venezuela
• Syria
• Tajikistan

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6. UNITED KINGDOM

The Migration Advisory Committee (MAC) has been commissioned to review the Intra-Company Transfer (ICT) category. This article also provides an update on right-to-work checks.

ICT Category Survey

An online survey has easy-to-complete multiple-choice questions and closes on June 15, 2021.

The ICT Category

As licensed sponsors may be aware, on December 1, 2020, Tier 2 (General) and Tier 2 (ICT) were replaced with the Skilled Worker and ICT categories, respectively.

Traditionally, the ICT category has been extremely popular for international corporate groups. An employee of a group company outside the United Kingdom (UK) can be sent to work at the UK group sponsor on a temporary basis.

This survey represents a chance to share your views on the future of the ICT category and how it can be aligned to your business and industry sector.

Key themes of the survey include:

Use of the ICT category

Salary threshold

Allowances

Skill level

English language requirements

Length of service with overseas group company

Ability to apply for ILR

A FAQ on the UK immigration system FAQ is at .

Right-to-Work Checks

Where an original document check is required, the temporary adjusted Covid-19 video call process will no longer be available as of June 21, 2021. Further details are provided below.

Background

Employers may be familiar with online and original document (manual) right-to-work checks. Online right-to-work checks have been unaffected by the pandemic. They continue to be possible where, for example, the employee has a Biometric Residence Permit (BRP), status under the European Union (EU) Settlement Scheme, a British National (Overseas) visa, or a Skilled Worker visa as an EU citizen.

Where an online check is not possible, an in-person check of original hardcopy documents is normally required. For example, British citizens need to show their original passports, as can EU citizens until June 30, 2021. Those with a visa stamp in their passport will also ordinarily need an in-person document check. Given the lockdown restrictions and most people not working in the office, these in-person checks have not been possible for employers.

End of the Temporary Adjusted Process

The temporary adjusted Covid right-to-work check process in place since March 30, 2020, has allowed employers to use a video call to check employees’ physical documents. Where such a check has been carried out, it is not necessary for the employer to do a retrospective check on the original documents.

Recently, the Home Office said the temporary adjusted Covid process would end on May 16, 2021. Many stakeholders wrote to their senior contacts about this issue. Given that the majority of offices had not yet re-opened, it did not make sense that in-person original document checks would be required starting May 17, 2021.

Thankfully, the Home Office has listened and moved the date to June 21, 2021.

Ongoing Issues

It is expected that many will not be back in the office until after June 21, 2021, so there are still concerns around whether it is possible for employers to carry out a compliant in-person original document check when an online check is not possible.

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7. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: ·

The latest immigration news is at https://www.abil.com/news.cfm. ·

The latest published media releases include:

• ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs: https://www.prweb.com/releases/abil_says_proposed_change_to_public_charge_rule_would_exclude_immigrants_from_government_programs/prweb15737932.htm
• New Data Show Increase in H-1B Denials and RFEs: https://www.prweb.com/releases/new_data_show_increase_in_h_1b_denials_and_rfes/prweb15673632.htm
• ABIL Urges Administration to Change “Buy American and Hire American” Executive Order: http://www.prweb.com/releases/2018/05/prweb15485457.htm
• ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy: http://www.prweb.com/releases/2018/05/prweb15485460.htm

–   ABIL Members Note Immigration Threats for Employers in 2018: http://www.prweb.com/releases/2018/03/prweb15261255.htm

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

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8. ABIL Member / Firm News

Dagmar Butte (bio: https://www.abil.com/lawyers/lawyers-butte.cfm?c=US) and William Stock (bio: https://www.abil.com/lawyers/lawyers-stock.cfm?c=US) were quoted by Forbes in “The State Department Can Act to Reduce Visa Delays.” She said, “To get an expedited interview, you have to first make a regular appointment, and then you need to explain what are the factors, such as dire business need or family issues. So far, I am seeing that mere inconvenience or business interruption without demonstrable and serious financial consequences won’t do it.” The article says that Mr. Stock shared a thread showing that a client’s interview in Paris for an O-1 visa was bumped four times. Two other appointments scheduled for July, one for an L-1B visa (intracompany transferee), were canceled. “The first new interview appointments in Paris appear to be in February 2022,” the article notes. https://www.forbes.com/sites/stuartanderson/2021/04/19/the-state-department-can-act-to-reduce-visa-delays/?sh=1fc601c95c26

Dorothee Mitchell, an attorney and partner at Foster LLP, was named new Honorary Consul of the Federal Republic of Germany in Austin, Texas. Ms. Mitchell was inaugurated by Consul General Thomas Meister at a ceremony on May 11, 2021. Ms. Mitchell is licensed to practice law in both the United States and in Germany. She is a native German speaker with fluency in English, and is a dual German-U.S. citizen with extensive German and U.S. legal experience. She has lived in Austin, Texas, for the past 15 years and is well-connected in the German community in Austin. https://www.germany.info/us-en/embassy-consulates/gkhoustonen/-/2458662

Jeff Joseph, of Joseph & Hall, PC; Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm); and Greg Siskind, of Siskind Susser, PC, along with the American Immigration Lawyers Association and several other nonprofit organizations, filed a federal lawsuit challenging a rule that would prioritize H-1B visas based on wage levels. Among other things, the plaintiffs argue that the rule would “have a deleterious impact on small business, start-ups, non-profits, rurally located business and other industries that rely on foreign highly skilled workers, but who are not able to compensate workers at the highest wage level.” According to reports, the lawsuit also notes that Chad Wolf, who reviewed and approved the final rule, was not properly appointed as Acting Secretary of Homeland Security and thus lacked the authority to promulgate the rule. https://timesofindia.indiatimes.com/world/us/lawsuit-against-biden-admin-challenges-proposed-allocation-of-h-1b-visas-based-on-wages/articleshow/82733895.cms

Klasko Immigration Law Partners, LLP, has released the third and final episode in a three-part series about problems in the EB-5 investor program. This episode covers litigation options

Mazzeschi S.r.l. has opened a Brazilian desk. Mazzeschi assists clients worldwide in English, Japanese, Chinese, Spanish, and Italian, and now they can assist also in Portuguese, with a Brazilian lawyer—Laura Anselmo—who lives in Italy.

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) was quoted extensively by the Times of India in “U.S. Immigration Reforms: Stop Counting Family Members to Mitigate Green Card Backlogs, Says Cyrus Mehta, Immigration Attorney.” The article reported on his recommendations to overcome barriers to legal immigration

Mr. Mehta was quoted in several articles about H-1B temporary workers who traveled to India to look after their Covid-stricken parents and are now stranded there:

• “They Went Back to India to Care for Parents Dying of COVID-19. Now, They’re Stranded,” Mother Jones, May 6, 2021. Mr. Mehta said that the ban on travel from India isn’t very useful in stopping the spread of the virus since citizens, permanent residents, and others are still allowed to travel. But the ban disproportionately affects those who are working on temporary visas such as the H-1B visa. “Representing H1B visa holders, I know what they’ve gone through. Each time they go to India, there’s a ban imposed on them. In the Trump administration, they were subject to bans. Then they wait patiently. They’ve now scheduled a visa appointment. And their appointment for later this week has been cancelled because of this latest COVID ban on India. So they’ve got a double whammy.” He suggested stricter controls and protocols such as rigorous testing, quarantining, and vaccination requirements as a better approach to controlling the spread of the virus, the article noted
• “As U.S. Travel Ban Kicks In, Families Are Sundered and Plans Are Disrupted,” Times of India, May 5, 2021. Instead of banning nonimmigrant professionals from India, who may have been vaccinated or tested negative for the virus, while allowing in students, green card holders, and citizens from around the world who may be carrying the virus, “[i]sn’t it better to ensure that travelers to [the United States] are vaccinated and/or test negative and quarantine?” he said. Mr. Mehta added that the ban is disproportionately affecting professionals from India and the virus “does not know the difference” between citizens and nonimmigrants

Mr. Mehta spoke on “Australian Gold Rush or Cave In? Navigating the Minefield of Dual Representation in Family-Based Immigration” at the 2021 Annual Conference of the American Immigration Lawyers Association’s Asia-Pacific Chapter (APAC) on May 10, 2021.

Mr. Mehta was quoted by Bloomberg Law in ” ‘Legal Dreamers’ See Renewed Chance for Relief in Legislation.” Regarding the children of the H-1B specialty visa applicant population awaiting green cards who age out, he said, “If they start all over again they’ll have to wait another 50 years. It’s a hopeless situation for H-4 children of parents born in India.” https://news.bloomberglaw.com/daily-labor-report/legal-dreamers-see-renewed-chance-for-relief-in-legislation

Mr. Mehta authored or co-authored several new blog posts: “Proposals for Shattering Barriers and Obstacles to Legal Immigration Without Waiting for Congress to Act,” http://blog.cyrusmehta.com/2021/05/proposals-for-shattering-barriers-and-obstacles-to-legal-immigration-without-waiting-for-congress-to-act.html; “What Happens to a Lawful Permanent Resident Who Has Been Stranded for Over One Year Abroad and the Green Card Validity Has Expired?,” http://blog.cyrusmehta.com/2021/04/what-happens-to-a-lawful-permanent-resident-who-has-been-stranded-for-over-one-year-abroad-and-the-green-card-validity-has-expired.html, “Coping With Delays Facing H-4 and L-2 Spouses When They Have a Pending Adjustment Application,” http://blog.cyrusmehta.com/2021/04/coping-with-delays-facing-h-4-and-l-2-spouse-when-they-have-a-pending-adjustment-application-part-2.html; and “U.S. Imposes Covid Travel Ban on India: How Effective Are Such Travel Bans?,” http://blog.cyrusmehta.com/2021/05/us-imposes-covid-travel-ban-on-india-how-effective-are-such-travel-bans.html

Mr. Mehta was quoted by the Times of India in “Green Card Holders Stuck in India Need to Prove U.S. Ties.” He said, “With respect to green card holders who have been outside for more than a year, they should first try to apply for the returning resident or SB-1 visa. On the ground level, obtaining an appointment at the U.S. Consulate during the pandemic can be challenging. Even pre-Covid, the U.S. consulates have not been very generous in issuing SB-1 visas.” He noted that “if the green card holder cannot obtain the SB-1 visa, and the green card date has not expired, they can still try to board a flight and assert that they have not abandoned their green card at the U.S. port of entry.” Mr. Mehta also said that U.S. courts “have provided a test regarding green card abandonment, which is quite generous. Even if the green card holder has been outside the U.S. for much longer than a year, the key question is whether they consistently harbored an intent to return to the U.S. and continued to maintain ties with the country. Under the law, the government has a very heavy burden to prove that the green card holder has abandoned that status. During Covid, a green card holder who has been away for more than a year still has a good chance of being allowed entry if this person otherwise kept ties with the U.S.”

Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm); Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) and Nicolai Hinrichsen, a partner at Miller Mayer, LLP; and Bernard Wolfsdorf (bio: https://www.abil.com/lawyers/lawyers-wolfsdorf.cfm) and Vivian Zhu, a partner at Wolfsdorf Rosenthal LLP, were listed in the 2021 edition of EB5 Investors Magazine‘s awards issue. https://www.eb5investors.com/magazine/article/eb5-top25-attorneys-immigration-attorneys

Mr. Paparelli authored several new blog posts: “Oops No More, USCIS,” https://www.nationofimmigrators.com/uscis/oops-no-more-uscis/, “What’s Up With USCIS?—An Oops, Yet Still A Promising Start,” https://www.nationofimmigrators.com/uscis/whats-up-with-uscis-an-oops-yet-still-a-promising-start/, and “Coping With Delays Facing H-4 and L-2 Spouses,” http://blog.cyrusmehta.com/2021/04/coping-with-delays-facing-h-4-and-l-2-spouses.html

Mr. Siskind was quoted by the New York Times in “They Live in the U.S., But They’re Not Allowed to Come Home.” Mr. Siskind said that the Biden administration “just put the same blanket ban for India that they were using in the Trump administration. He is suing the administration over the Department of State’s inability to issue visas in countries experiencing lockdowns. “This was the same style ban that President Biden said last March was ineffective and was a bad idea.” https://www.nytimes.com/2021/05/17/us/politics/india-travel-restrictions.html

Several ABIL members/firms submitted comments in response to the Biden administration’s invitation to suggest ways to overcome barriers to legal immigration:

• Mehta, https://www.regulations.gov/comment/USCIS-2021-0004-6585
• Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm), https://www.regulations.gov/comment/USCIS-2021-0004-7288
• Siskind, https://www.regulations.gov/comment/USCIS-2021-0004-5933

Bernard Wolfsdorf presented “Australian Outback: Scorcher Topics in the World of EB-5” at the American Immigration Lawyers Association’s Asia-Pacific Chapter EB-5 Annual Conference on May 11, 2021. https://wolfsdorf.com/bernard-wolfsdorf-to-present-at-the-aila-asia-pacific-chapter-eb-5-annual-conference/

Wolfsdorf Rosenthal LLP has published several new blog posts: “HR is Driving the Economy With Foreign-Born Talent,” “Biden’s Actions on Immigration Enforcement Have Been Inconsistent Since Taking Office,” “Do H-1B Workers Displace American Workers? It’s Not a Zero-Sum Game,” “Global Mobility Issues: Tips for Avoiding Delays at Ports of Entry,” “Immigration Update,” “Top Immigration Pain Points for Employees,” “I-829 Processing Times Have Run Amok,” “Updated Travel Advisory,” ” ‘Dreamers’ and Farmworker Bills Pass House; Fate in Senate Uncertain,” “Could EB-5 Green Cards Be Processed in 2 Years Without Expedites? Will I-526 EB-5 Petition Processing Dramatically Improve in Near Future?,” “Top Workforce Trends in the Global Life Sciences Industry in 2021,” and “DHS to Withdraw Trump Opposition to International Entrepreneur Parole Rule.” https://wolfsdorf.com/news/

WR Immigration Partners Leslie Ditrani and Philip Curtis, and Of Counsel Lorie Lunn, were listed in Best Lawyers in New England. https://wolfsdorf.com/wr-immigration-in-best-lawyers-in-new-england/

WR Immigration will present at the WERC Spring Virtual Conference on a panel, “Reinventing Global Mobility Through Tech: Solutions for a Post-Pandemic World,” on May 24, 2021. https://wolfsdorf.com/wr-immigration-selected-to-present-at-2021-werc-spring-virtual-conference/

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was interviewed in a podcast, Immigration Nerds. https://player.captivate.fm/episode/c8dc09d2-b41e-492e-9d29-5aef3bb99d54

Mr. Yale-Loehr co-authored an article with Leon Rodriguez (partner at Seyfarth Shaw LLP and former USCIS Director) and others called “Unleashing International Entrepreneurs to Help the U.S. Economy Recover from the Pandemic.” The article, published by the Brookings Institution, recommends several ways to make it easier for international entrepreneurs to work in the United States and build or grow new companies. https://www.brookings.edu/research/unleashing-international-entrepreneurs-to-help-the-u-s-economy-recover-from-the-pandemic/

Mr. Yale-Loehr authored an op-ed for The Hill that was mentioned in a Forbes article, “What International Students and U.S. Universities Need to Know.” Forbes article: https://www.forbes.com/sites/stuartanderson/2021/05/03/what-international-students-and-us-universities-need-to-know/?sh=5ef5033c79d2; Hill op-ed: “Biden Brings Hope for International Students,” https://thehill.com/opinion/immigration/550110-biden-brings-hope-for-international-students

Mr. Yale-Loehr co-authored an article in the New England Journal of Medicine about a Cornell University asylum clinic client, Dr. Merlys Rodriguez Hernandez, who was in immigration detention while seeking asylum during the Covid-19 pandemic. She is now released on bond but still fighting deportation. The article, “Graphic Perspective: Detained,” is accessible to nonsubscribers with site registration. https://www.nejm.org/doi/full/10.1056/NEJMp2032690

Mr. Yale-Loehr was quoted by Reuters in “U.S. Supreme Court Hands Victory to Immigrants Facing Deportation.” The article appeared in many news outlets. He said the ruling gives immigrants “a second chance to try to prove that they qualify for cancellation of removal and other forms of relief.” https://www.yahoo.com/news/u-supreme-court-hands-victory-154737133.html

Mr. Yale-Loehr was quoted by Univision in “Biden Changes His Tone on Immigration Issues, But the Underlying Crisis is the Same.” He said, “President Biden has done a lot on immigration in his first 100 days in office. Among other things, he sent a major immigration reform bill to Congress, reinstated the DACA program, reprioritized deportation policy to focus on serious offenders, ended the previous administration’s travel bans, and allowed families and unaccompanied children to enter the United States while they await their asylum hearings. Doing all of this in 100 days is extraordinary, especially given everything else he is dealing with, including stopping the Covid-19 pandemic, economic woes, climate change, and efforts to improve our aging infrastructure.” However, he noted that “much remains to be done. In particular, the surge in people trying to enter the United States is giving Republicans an easy talking point to say that President Biden is ‘soft’ on immigration. That may make it more difficult to persuade Congress to enact comprehensive immigration reform this year.” https://www.univision.com/noticias/inmigracion/primeros-100-dias-biden-y-sus-promesas-para-la-crisis-migratoria (Spanish, with English translation offered)

Mr. Yale-Loehr was quoted by Correio Braziliense in “Experts Analyze 100 Days of Biden and President’s Speech to Congress.” He said, “President Biden has done a lot in the first 100 days of his term. The government has helped many Americans get vaccinated against Covid-19. It also persuaded Congress to pass legislation to help people cope with the pandemic.” He also noted Biden’s suspension of the Trump-era ban on U.S. entry of people from Muslim countries, and said, “Biden also stated that unaccompanied children at the border should not be detained while seeking asylum. However, he failed to increase the number of refugees from other countries. It is worth remembering that Trump made more than 400 changes in immigration policy. It will take some time to undo these changes.” (Portuguese, with English translation offered)

Mr. Yale-Loehr authored an op-ed published in The Hill: “Biden Brings Hope for International Students.” The op-ed notes a positive change in attitude in the current administration toward international students but recommends certain actions to attract international students, provide predictability, and allow universities and employers to retain global talent. https://thehill.com/opinion/immigration/550110-biden-brings-hope-for-international-students

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