In this issue:

1. EMPLOYER SPONSORSHIP CRITERIA: AN OVERVIEW – This article provides an overview of policies and procedures related to employer sponsorship criteria in Italy and Turkey.

2. BELGIUM – Belgium has added to the list of categories of travelers with an essential function or need, and has issued an update on restrictions on non-essential travel due to the COVID-19 pandemic.

3. CANADA – The government has made changes to the Québec Experience Class (PEQ) program.

4. GERMANY – The COVID-19 pandemic thwarts a new skilled immigration law.

5. ITALY – This article summarizes issues related to immigration in Italy during the COVID-19 pandemic.

6. RUSSIA – This article provides updates on Russian COVID-19 policies and procedures related to immigration.

7. UNITED KINGDOM – The Home Office has published further details on the new post-Brexit immigration system. Also, there was an update on international travelers arriving in the UK.

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 – August 2020

1. EMPLOYER SPONSORSHIP CRITERIA: AN OVERVIEW

This article provides an overview of policies and procedures on employer sponsorship criteria in Italy and Turkey.

Italy

To sponsor a work permit application in Italy, a company/entity must:

• Be registered with the Italian Business Register (Registro Imprese) or equivalent (see )
• Be in good standing (many Immigration Offices require that the latest approved financials do not show a loss)
• Provide proof of compliance with payment of taxes and social security charges
• Provide the number of employees when requested (even though this is not specifically set forth by the law, some Immigration Offices look at the number of employees working for the company)

Among the sponsoring company’s obligations/commitments undertaken when filing a work permit application, it must specifically indicate in the application:

• Whether it has enforced any collective dismissal for reduction of personnel during the last 12 months
• That it does not have any workers under ordinary or extraordinary redundancies with the same skills and characteristics of the worker on assignment
• That the foreign worker’s wage is not lower than that of a local employee hired in the same job position/level
• Any variations in working conditions
• That the worker is provided a suitable accommodation
• That the expenses for the worker’s repatriation, if applicable, will be covered in full

Turkey

A Turkish work permit cannot be self-sponsored; it must be sponsored by a Turkish legal entity (a joint stock company, joint venture, limited liability company, or liaison office), with the exception of domestic workers, who may be sponsored by the appropriate individual. A Turkish entity that sponsors the work permit application (and acts as the local employer) must meet certain requirements that must be maintained over the life of the work permit. The employer must have at least five Turkish citizen employees per registered worksite per foreign applicant as evidenced on payroll records (termed the “5:1 ratio”), and the employer’s “paid in capital” cannot be less than 100,000 Turkish Lira (TL). In the alternative to the capital requirement, the employer can show a gross (assumedly annual) sales amounting to 800,000 TL annually, or exports with a gross annual value of USD $250,000. Certain exemptions for the 5:1 ratio exist but are not often granted by the Ministry. The employer must maintain the criteria throughout the work permit period.

As of February 26, 2018, any sponsor of a work permit must have an e-signature tool issued by the government-designated agencies. This means that no work permit applications can be logged in without the use of a company-sponsor e-signature tool. Each company’s designated social security e-notification authority—who is also the e-signature holder—must complete a Ministry of Labor company registration through the online system to pursue work permit applications.

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2. BELGIUM

Belgium has added to the list of categories of travelers with an essential function or need, and has issued an update on restrictions on non-essential travel due to the COVID-19 pandemic.

List of categories of essential travelers. Belgium has extended, effective July 2, 2020, the list of specific categories of travelers with an essential function or need to “4 categories: mariners, persons attending meetings of international organisations, students and highly qualified personnel whose work cannot be carried out at a distance (taking into account the visa procedures currently in force).”

Furthermore, EU+ citizens and third-country nationals legally residing in the European Union, as well as their family members, can travel wherever they wish in the EU+, including Belgium, and no longer only in their country of residence. The Belgium government listed “EU+” countries in a public statement from the Minister for Foreign Affairs, Philippe Goffin (https://diplomatie.belgium.be/en/newsroom/news/2020/non_essential_travel_outside_eu_no_major_changes_before_7_july).

“Highly qualified personnel whose work cannot be carried out at a distance” refers to the category “highly qualified third-country workers if their employment is necessary from an economic perspective and the work cannot be postponed or performed abroad” as mentioned in the EU Council Recommendation 9208/20, dated June 30, 2020. For the time being, the Belgian authorities have limited “highly qualified personnel whose work cannot be carried out at a distance” to Blue Card holders, who will receive a visa type D with the code B29. A Belgian visa type D contains a code B (number), indicating the underlying legal basis for the visa D.

The EU Blue Card is issued in Belgium to highly qualified employees, but it is not the only permit for highly qualified/skilled employees, and definitely not the most popular one. Many highly qualified/skilled employees hold a single permit that allows them to obtain a visa type D with the code B34. Some observers have said that the current limitation to Blue Card holders does not make sense. Despite pressure from the business community to include single permit holders, as of this writing, there was no final decision yet.

Restrictions on non-essential travel. As of this writing, restrictions on non-essential travel were still in place due to the COVID-19 pandemic, and this was not expected to change immediately. The Belgian press reported that the federal government decided not to reopen the borders for “white-listed” (safe) countries because the health situation in nine countries would not allow this and there was a lack of reciprocity with respect to the other countries on the list. Reportedly, if Belgium’s neighboring countries (France, Germany, Netherlands, Luxembourg) would allow entry to travelers from the white-listed countries, Belgium would implement unannounced border checks to prevent these travelers from entering Belgium. Formal confirmation of this decision by the federal government was awaited.

The 15 white-listed countries included Algeria, Australia, Canada, Georgia, Japan, Montenegro, Morocco, New Zealand, Rwanda, Serbia, South Korea, Thailand, Tunisia, Uruguay, and China (subject to confirmation of reciprocity).

The Public Health Passenger Locator Form must be completed by every passenger on flights from outside the Schengen Area to Belgium. On arrival, the travel must hand over the form to the designated authorities at the border. Information on travel to Belgium is available at https://dofi.ibz.be/sites/dvzoe/EN/Pages/Travel-to-Belgium.aspx. The form is at https://dofi.ibz.be/sites/dvzoe/EN/Documents/BELGIUM_PassengerLocatorForm_ENG.pdf.

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3. CANADA

The government has made changes to the Québec Experience Class (PEQ) program.

For the past 10 years, workers and students in Québec had the choice between two permanent residence streams: the expedited ” Québec Experience Class” (Programme de l’Expérience Québecoise, or PEQ) and the regular Québec skilled worker program. While the former had simple eligibility criteria based on knowledge of French and either 1 year of qualifying work in Québec or completion of certain Québec diplomas, as well as 1-month processing times, the latter is based on a points system with heavier documentation requirements and processing times of anywhere between 1 and 4 years. In both cases, applicants were granted the “Québec Selection Certificate” (Certificat de Sélection du Québec, or CSQ) and then needed to apply to Immigration, Refugees and Citizenship Canada (IRCC) to undergo background and medical checks and ultimately were granted permanent residence (PR). Historically, this second step took between 13 and 24 months.

To put it in a nutshell, at its fastest, applicants to the PEQ were able to be granted PR within 14 months. Comparatively, this is still longer than federal programs under Express Entry where PR can be granted within 6 months, but the PEQ was competitive because the CSQ granted applicants, and employers, the possibility to apply for closed bridging work permits. All in all, it was a system that worked and that employers had integrated as part of their employee retention strategy.

As of July 22, 2020, new selection conditions apply to candidates who submit a PEQ application, including increases in work experience and language requirements. Transitional measures are also planned. For more information on the PEQ, see https://www.immigration-quebec.gouv.qc.ca/en/immigrate-settle/students/stay-quebec/application-csq/students-peq/index.html.

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4. GERMANY

The COVID-19 pandemic thwarts a new skilled immigration law.

When Germany agreed to change its skilled immigration laws in 2019 to facilitate the immigration of skilled employees from abroad, its economy was thriving and the labor market was robust and on the edge of turning into an employee market. IT professionals, engineers, and health care workers were difficult to find and in high demand. Plumbers, mechanics, and many other trades also reported skills shortages. Accordingly, Germany adjusted its immigration laws to allow the migration of professionals with vocational training to Germany and implementing a new fast-track option.

With the new law taking effect on March 1, 2020, all was set to enhance employment-related immigration to Germany. However, due to the COVID-19 pandemic, all immigration came to a sudden halt in mid-March. Schengen borders closed, visa application centers went into lockdown, and many government authorities began working from home offices. Travel was suspended across the globe.

An immigration lawyer’s nightmare of ceasing travel turned quickly into an immigration lawyer’s challenge when many clients needed support, with employees stranded abroad or foreign staff in Germany needing extensions when authorities were hardly accessible. The government issued new laws and regulations to address the COVID-19 crisis frequently, with lawyers slogging behind in the attempt to stay on top, interpret the hastily issued rules, and find reliable angles for their clients. The unpredictability of the situation added to the general disturbance.

But some of the most interesting and moving cases also occurred during the pandemic: With attorney support, the employer of a person who had terminal cancer managed to assist her Chinese parents with visiting their daughter in Germany—in the midst of the pandemic—with the support of the local health department, the airline, the German immigration authorities, and the hospital all working together in an act of humanity.

Three months later, with infection numbers dropping in Germany and throughout Europe, the economy began a slow rebound, although things are far from normal. The new immigration law technically took effect, albeit in most parts of Germany it remained suspended until the end of the travel restrictions. When on July 1, 2020, the borders were cautiously opened for skilled professionals (those with either a recognized university degree or vocational certificate), they became eligible to travel to Germany for local employment or intracompany transfer if they were urgently required for economic development, needed to be present in Germany to perform their work, and could not do so remotely. All persons originating from a “risk country” must present extra documentation to enter the Schengen Area and are subject to quarantine regulations. (Currently only European Union/Schengen countries as well as Australia, Canada, Georgia, Montenegro, New Zealand, Thailand, Tunisia, and Uruguay are considered safe countries.) Certain regions renounced lengthy quarantines if regular COVID-19 testing was being done to ensure that assignees could start to work as soon as possible. Employees may be accompanied by their family members, and those who had a valid permit and returned to their country of origin may come back to Germany now.

While many open questions regarding travel options remain, the immigration system is becoming more predictable each day. Germany seems to be developing into an attractive destination country for Indian IT specialists especially, who suffer from the H-1B travel ban in the United States and the lockdown in India. And while the German missions in India resume their operations only slowly, the backlog of waiting applicants grows.

What does the future hold for immigration to Germany?

The country will still need skilled immigration because of its peculiar demographics and strong economy. Nevertheless, the German labor market took a COVID-19 blow and, for the first time in years, shows rising unemployment. It is thus to be expected that the new immigration-friendly law—while not a turncoat—will show some teeth when it comes to issues like comparable salary, labor market tests, and compliance. Already the labor authority has tightened the rules and increased scrutiny when dealing with applications. Thus, the future will again be challenging for immigration lawyers, and immigrants.

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5. ITALY

This article summarizes issues related to immigration in Italy during the COVID-19 pandemic.

Processing Times for Work Permits

Italy has a general legal framework to regulate immigration and guidelines on the process. Within the legal framework, each immigration and labor office has wide discretionary powers. Local authorities can decide on their own how to implement rules. This may result in differences in application document requirements and processing times. Also, the turnover of public-office managers and staff may result in changes in application requirements without advance notice. This may happen not only for work permit (nulla osta) applications in immigration and labor offices, but also for residence permit (permesso di soggiorno) applications in the police department (Questura).Sectors affected include agriculture, livestock, fishing, and related activities; caregivers; and domestic work.

Mandatory Quarantine for Arrivals From Bulgaria, Romania

As of July 25, 2020, travelers from Bulgaria and Romania, or those who have stayed/transited there in the last 14 days, must quarantine for 14 days upon arriving in Italy. Italian Health Minister Roberto Speranza signed this order on July 24 in an effort to prevent the importation of COVID-19 from outside Italy. Romania and Bulgaria are therefore added to the list of countries from which travel is possible without having to justify a specific reason but with the quarantine obligation (a 14-day quarantine period in self-isolation).

Entry Ban for 16 Countries

Entry into Italy was banned from the following countries: Armenia, Bahrein, Bangladesh, Brazil, Bosnia Herzegovina, Chile, Kuwait, North Macedonia, Moldova, Oman, Panama, Peru, Dominican Republic, Serbia, Montenegro, and Kosovo. Individuals who have traveled or stayed in one of these countries in the 14 days preceding the intended entry date in Italy are banned from entering the country.

There were exceptions to the ban for citizens of Italy, the European Union, Schengen countries, the United Kingdom, Andorra, Monaco, San Marino, and Vatican City, and their family members, on condition that they were registered as residents in Italy before July 9, 2020.

Other exceptions are for officials and other servants of the EU, international organizations, diplomatic missions and consulates, military personnel in the performance of their duties and—only for Bosnia-Herzegovina, North Macedonia, Serbia, Montenegro, and Kosovo—transport crew members and travel staff members only for transit (maximum of 36 hours) or short stays (up to 120 hours).

Travel from the following countries is allowed with no specific reason required: Algeria, Australia, Canada, Georgia, Japan, Morocco, New Zealand, Rwanda, Republic of Korea, Thailand, Tunisia, and Uruguay.

Travel from other non-EU countries is allowed but only for specific reasons.

Validity of Residence Permits Extended

Due to the COVID-19 pandemic, Italy extended the validity of residence permits that expired between January 31 and July 31 until August 31, 2020.

However, those who are currently abroad may have problems re-entering Italy without a valid visa/residence permit. Normally, the standard procedure would require one to apply for a “re-entry visa,” which allows a foreigner holding an expired permit (for which a renewal application has not been filed yet or in other circumstances) to fly back to Italy. However, the Ministry of Foreign Affairs has confirmed—by means of an internal communication—that it will not be necessary to apply for a re-entry visa.

Foreign citizens with expired permits will be allowed to travel back to Italy, but if they have problems with the re-entry procedures, they may contact the Italian consulate for assistance. For example, the Italian consulate in Canton has issued an alert inviting foreign nationals seeking to re-enter Italy to contact them for the issuance of a document confirming the extension of residence permits that can be used for traveling.

Details:

• City-by-city immigration processing times chart, https://www.mazzeschi.it/city-by-city-immigration-chart/
• Overview of the rules currently in place for traveling to Italy, https://www.mazzeschi.it/italy-navigating-covid-19-measures-and-travel-restrictions/
• COVID-19 Travel Regulations Map, https://www.iatatravelcentre.com/international-travel-document-news/1580226297.htm

Residence permit validity extension, https://www.mazzeschi.it/news/validity-of-residence-permits-permessi-di-soggiorno-extended-until-june-15-2020/

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6. RUSSIA

This article provides updates on Russian COVID-19 policies and procedures related to immigration.

Entry to Russia Open for Citizens of the United Kingdom (UK), Turkey, and Tanzania

Entry to Russia is now allowed for citizens of the following countries on the basis of all types of visas:

• United Kingdom (UK)
• Tanzania
• Turkey

Foreign citizens who have permanent residence permits in these countries can enter Russia as well. The Internal Affairs Ministry confirmed that they are issuing all types of invitation letters for citizens of the UK, Tanzania, and Turkey (or foreign nationals who have permanent residence in these countries) starting from August 3, 2020. Russian consulates confirmed that they have started issuing all types of visas on the basis of the invitations approved by the Internal Affairs Ministry.

It was not yet clear as of press time whether the Federal Security Service would allow foreigners from these countries to cross the border without being on the special approved lists issued by the Service.

Entry to the Russian Federation for citizens of the United Kingdom, Turkey, and Tanzania, as well as for foreign citizens who have a residence permit in these countries, is not possible from third countries.

Entry to Russia: 14-Day Quarantine or Testing Requirements

Beginning on July 15, 2020, foreign citizens and those crossing the Russian border on a regular flight, and entering Russia with any purpose except work, must present documentation of a negative COVID-19 test in Russian or English: (1) The document should confirm a negative result for laboratory analysis of COVID-19 infection by polymerase chain reaction (PCR). The test for infection should be done not earlier than three calendar days before entering Russia. (2) Or, instead of the PCR test, the traveler can submit a document confirming the existence of antibodies of immunoglobulin G (IgG). If the traveler does not have such a document, he or she must pass the test within three calendar days of entering Russia. In case of a positive result, a person will have to self-isolate with no contact (quarantine) until a negative test is received.

Similar requirements apply to Russian citizens.

The entry of foreign citizens is still limited, and only special categories of foreign citizens can enter. Issuance of invitation letters and visas has not yet returned to normal.

Persons (Russian citizens as well as foreigners) returning to Russia on flights organized by the Russian government must quarantine for 14 calendar days from the date of entry.

At the moment, legislation does not require such persons to pass a COVID-19 test or provide evidence of antibodies. However, since there are no precise and clear regulations on this and due to the broad availability of tests, some practitioners recommend taking the test.

Foreign citizens entering Russia with the purpose of work must quarantine for 14 calendar days from the date of entry to Russia regardless of whether they have a negative COVID-19 test or antibodies to the virus. It is recommended that employers arrange for testing of employees anyway.

The above applies not only to workers entering with newly issued work visas (or entering visa-free), but also to those returning with long-term visas issued earlier that are still valid.

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7. UNITED KINGDOM

The Home Office has published further details on the new post-Brexit immigration system. Also, there was an update on international travelers arriving in the United Kingdom (UK).

The Home Office recently published further details on the proposed new immigration system. The new system will start on January 1, 2021, immediately after the end of the Brexit transition period.

The consequences of the proposed changes will be huge, but the new statement does not add a great deal to what the Home Office has said before. The new immigration system will apply to both European Union (EU) citizens and non-EU citizens. The visa application process will be simpler for EU citizens because they will not be required to attend a biometric appointment to get a visa, but otherwise the rules will be the same for everyone.

Below are highlights:

• The main work visa will be the Skilled Worker visa, which is a revised version of the Tier 2 (General) visa.
• The skills threshold for a Skilled Worker visa will be lower than for a Tier 2 (General) visa. The boundary between the types of jobs that will and won’t qualify for a Skilled Worker visa appears arbitrary. Bricklayers, chefs, PAs, and au pairs will all qualify for a Skilled Worker visa. Scaffolders, cooks, legal secretaries, and care workers will not.
• The general salary threshold will be £25,600—down from £30,000 for a Tier 2 (General) visa. In most cases the employer will still have to pay the “going rate” for the job, which may be higher than the general salary threshold.
• The resident labour market test will be abolished.
• There will be no cap, so no need to apply for restricted certificates of sponsorship.
• The English language requirement will stay.
• There will be an intra-company transfer visa. The skills threshold and salary threshold for this visa will be the same as for the current Tier 2 (intra-company transfer) visa. The only people likely to use this type of visa are those who cannot pass an English language test.
• Government fees will be high. In most cases, the fees for a 5-year skilled worker visa will be around £10,000. For a family of four, the fees will be well over £20,000. There are reductions for small sponsors and jobs on the shortage occupation list.

Employers that will be recruiting staff from the EU next year will need to spend a lot more in visa fees. Those that do not already have a sponsor license should apply for one now.

Also, related to the COVID-19 pandemic, almost everyone now must provide their journey and contact details by filling in an online Public Health Passenger Locator Form before they travel to the UK. Most must quarantine (self-isolate) for 14 days after they arrive.

Details:

• Kingsley Napley updates, https://www.kingsleynapley.co.uk/insights/blogs/immigration-law-blog
• Q&A on visa application center reopenings, https://www.kingsleynapley.co.uk/insights/news/immigration-update-gradual-reopening-of-uk-visa-centres
• Public Health Passenger Locator Form, https://visas-immigration.service.gov.uk/public-health-passenger-locator-form
• Self-isolation instructions, https://www.gov.uk/government/publications/coronavirus-covid-19-how-to-self-isolate-when-you-travel-to-the-uk/coronavirus-covid-19-how-to-self-isolate-when-you-travel-to-the-uk
• New rules for travelers coming to the UK, https://www.kingsleynapley.co.uk/insights/news/immigration-update-international-travellers-arriving-in-the-uk-from-8-june-2020-have-to-self-isolate-for-14-days

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8. New Publications and Items of Interest

Mazzeschi Brexit HelpDesk. The Mazzeschi Brexit HelpDesk provides post-Brexit guidance and assistance for United Kingdom (UK) citizens moving to or living in Italy. Until December 31, 2020, UK citizens will be able to enjoy their EU free movement rights in all EU countries, and therefore can continue to live, work, and study in Italy as they did before January 31, 2020 (Transition Period). Italian law provides that British nationals, like any other EU nationals, who intend to stay in Italy for a period exceeding 3 months should register with the Anagrafe (Register Office) of the municipality where they live. The Brexit HelpDesk is open Monday to Friday from 9 am to 6 pm CEST at phone: +39 0577926921 or email: [email protected]. For more information, see https://www.mazzeschi.it/post-brexit-guide-for-uk-citizen-living-in-italy/.

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

Dagmar Butte (bio: https://www.abil.com/lawyers/lawyers-butte.cfm?c=US) was quoted by Forbes in “USCIS Disputes Improperly Denying 900 H-1B Visa Registrations.” She said, “I think USCIS needs to do a better job, given the lessons learned, to provide full transparency between what employers and representatives see and to identify common error triggers and warn of them more effectively. Employers don’t want to game the system and they should at least have the opportunity to fix errors that are baked into the limitations of the system. The Department of Labor has a system that flags these kinds of things to prevent employers from inadvertently doing something that will get the case denied. I think USCIS needs to fix or create warnings for when one of the events they outline is about to happen.” The article is at .

Foster, LLP, has published several new blog postings. “U.S. Immigration Considerations for COVID-19 Pandemic and CARES Act” is at https://www.fosterglobal.com/blog/us-immigration-considerations-for-covid-19-pandemic-and-cares-act/. “Four Tips to Secure an H-1B Approval” is at https://www.fosterglobal.com/blog/four-tips-to-secure-an-h-1b-approval/.

Foster, LLP, hosted a webinar, “Navigating COVID-19: Essential Immigration-Related Updates for Human Resources in a Telecommuting Environment” on April 9, 2020. For more information, see .

Jeff Joseph, of Joseph & Hall, P.C., was quoted by Law360 in “Orgs Say Gov’t Wrongly Denied Market Analysts H-1B Visas.” Commenting on a new nationwide class action lawsuit, MadKudu, Inc. v. USCIS, he said that USCIS’ decision-making, with respect to its pattern and practice of denying H-1B nonimmigrant employment-based petitions for market research analysts positions filed by businesses in the United States, is “nonsense” and disregards “substantial evidence that clearly establishes that market research analysts are a specialty occupation. Under USCIS’ twisted logic, my English literature degree rendered me uniquely unprepared to take on the professional specialty occupation of immigration lawyer.” The article is available by subscription at https://www.law360.com/articles/1264849. The complaint is at https://www.aila.org/infonet/complaint-filed-in-district-court-challenging.

H. Ronald Klasko (bio: https://www.abil.com/lawyers/lawyers-klasko.cfm) has authored a new blog posting. “Happy Ending to the Unlawful Presence Saga” is at .

Jordan Gonzalez, of Klasko Immigration Law Partners, LLC, has authored a new blog posting. “An Indian National’s Guide to Acquiring a Letter of No-Objection of the Two-Year Home Residence Requirement” is at .

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) was quoted by the Times of India in “U.S. Eases Ban on Foreigners Returning to Same Job Role.” Mr. Kuck said, “This is an extraordinary change in policy from the original [Presidential] Proclamations’ exceptions and is clearly meant to stop ongoing litigation against the Proclamations’ legality (which the government is going to lose). The provisions are broad enough, if well argued, to essentially incorporate any job in America.” The article is at .

Mr. Kuck was quoted by Bloomberg Law in “New Guidance Details Visa Ban’s National Interest Exceptions (1).” Mr. Kuck said that this proclamation is “basically a complete walk back of the prior exemptions and prohibitions” found in the original order. For example, the State Department’s definition of jobs that pertain to critical infrastructure industries in the new guidance is a major expansion of how it may have traditionally been defined, he said. Mr. Kuck has filed a friend of the court brief in the Gomez case challenging the ban. “The average person thinks a nuclear plant, but now it encompasses IT firms, communications, food and agriculture. I can’t think of a sector that’s not included” under the H-1B applicants’ exemptions, he said. Mr. Kuck predicted that many visa hopefuls stuck outside the United States will likely be able to prove they qualify for a national interest waiver to the ban. “It seems like most people stuck right now, who have been denied an exemption in the past, will easily qualify. It’s a complete walk back because they know they’re going to lose this litigation.” The article is at https://news.bloomberglaw.com/daily-labor-report/visa-ban-national-interest-exceptions-detailed-in-new-guidance.

Mr. Kuck was featured on Univision’s Conexion show discussing, “What is the Impact of Trump’s Executive Order Limiting Legal Immigration?” The video is at https://www.youtube.com/watch?v=-CwHxutj9JI.

Mr. Kuck was quoted by the Times of India in “Class Action Lawsuit Against H-1B Denials for Market Research Analysts Gathers Steam.” Mr. Kuck said, “USCIS does not like being sued. The class action lawsuit actually resulted in USCIS re-opening and approving the plaintiff’s H-1B applications for market research analysts. We would love for more employers and employees to join our suit—there is no cost in doing so.” The article is at .

Mr. Kuck served as one of the plaintiffs’ attorneys in MadKudu, Inc., v. USCIS. A related press release is at https://www.aila.org/advo-media/press-releases/2020/class-action-lawsuit-seeks-to-challenge-uscis. The complaint is at https://www.aila.org/infonet/complaint-filed-in-district-court-challenging.

Mr. Kuck was quoted by the Atlanta Journal-Constitution in “Doctors, Humanitarian Workers Rushing to Help as Virus Spreads.” Mr. Kuck noted the impact on immigrant families of the COVID-19 crisis. “If they are afraid to get tested and it starts running rampant in their communities, it is only going to make it worse for us. It is not going to stay isolated in one place,” he said. See https://www.ajc.com/news/breaking-news/immigrants-refugees-georgia-vulnerable-amid-coronavirus-pandemic/pJJFmzOZzyiUTJRyiEBzoM/

Mr. Kuck was quoted by Breitbart in “Report: India’s H-1B Companies Ask Labor Department to Let Foreign Workers Stay Amid Crash.” Among other things, he said, “Our H-1B system simply does not contemplate this [mass shutdown] scenario that is happening right now.” The article is at https://www.breitbart.com/politics/2020/04/03/indias-h-1b-companies-ask-labor-department-to-let-foreign-workers-stay-amid-crash/.

Mr. Kuck participated in Georgia Public Broadcasting’s “Political Rewind” to talk about immigrants in detention and how they are being affected by the pandemic, along with other topics. See https://www.gpbnews.org/post/political-rewind-jails-risk-becoming-georgias-next-hotspot.

Mr. Kuck‘s latest Immigration Hour podcast, “COVID-19 and USCIS, ICE, and EOIR – How to NOT Respond to a Crisis,” is at https://soundcloud.com/user-474250731/covid-19-and-uscis-ice-and-eoir-how-to-not-respond-to-a-crisis.

Mr. Kuck published a new blog posting. “Employment, Furlough, and Termination Options for Employers and Their Nonimmigrant Workers (H-1B, L-1, E-2, TN, O-1, and F-1 OPT)” is at .

Robert Loughran (bio: https://www.abil.com/lawyers/lawyers-loughran.cfm) was interviewed on Austin ABC affiliate KVUE on April 25, 2020, regarding the impact of President Trump’s Proclamation Suspending Entry of Immigrants. The video is at https://www.kvue.com/article/news/politics/austin-immigration-lawyer-presidents-trump-executive-order-immigration/269-096a3083-1b27-42ef-b2a2-dece603e956b.

Mr. Loughran presented a webinar, “Practicing Through Pandemic,” regarding adapting the practice of law in the midst of COVID-19. The webinar was hosted by the American Immigration Lawyers Association’s Texas Chapter and the San Antonio Bar Association’s Texas Chapter on April 3, 2020. For more information, see https://zoom.us/meeting/register/u5wvdOugrTssIi2JLhrdc_IXuKEV_xXZ6Q.

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) has authored or co-authored several new blog postings. “The Beneficial Impact of the Supreme Court’s Decision in Kisor v. Wilkie on H-1B Denials” is at http://blog.cyrusmehta.com/2020/05/the-beneficial-impact-of-the-supreme-courts-decision-in-kisor-v-wilkie-on-h-1b-denials.html. “The Differing Impact of Foreign Entity Changes on an L-1 Extension and EB-1C Petition” is at http://blog.cyrusmehta.com/2020/05/the-differing-impact-of-foreign-entity-changes-on-an-l-1-extension-and-eb-1c-petition.html. “FAQ Relating to Skilled Workers in the Green Card Backlogs During COVID-19” is at . “Changes in Salary and Other Working Conditions for Nonimmigrant Workers in L-1, O, TN, E and F-1 Status Due to COVID-19” is at https://bit.ly/35LofcC. “Building the Legal Case to Challenge Trump’s Immigration Ban” is at http://blog.cyrusmehta.com/2020/04/building-the-legal-case-to-challenge-trumps-immigration-ban.html.

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) was quoted in several media outlets regarding exceptions to the Trump administration’s work visa ban:

• “New State Dept. H-1B Visa Guidance Won’t Stop Immigration Lawsuits,” Forbes, https://bit.ly/3iJPERz. Mr. Mehta said, “The State Department issued these broad exceptions to the proclamation to stave off the lawsuits, but they must continue with equal vigor as the exceptions are tantamount to a rewrite of the INA [Immigration and Nationality Act] in violation of the APA [Administrative Procedure Act].”
• “The Trump Administration Has Made Exceptions to Work Visa Bans—But Conditions Apply,” Yahoo, https://finance.yahoo.com/news/trump-administration-made-exceptions-visa-105750618.html (same quote as above).
• “U.S. Eases Ban on Foreigners Returning to Same Job Role,” Times of India, . Mr. Mehta said, “The beneficiary of an approved H-1B or L-1 petition must now meet a new super standard under the national interest exception, which [is] not part of the [INA], and be subject to the whim and caprice of the consular official, who would have the final say in approving or denying the request. There will also be no right to appeal if the national interest exception is denied.” He added that the ban “is unlawful and the subject of several meritorious lawsuits. The Trump administration carved out these exceptions to stave off the lawsuits, but they must continue with equal vigor and the administration should not be allowed to get away with the ban.”
• “Access Denied: COVID-19 the Perfect Opportunity for Trump to Push His Anti-Immigration Agenda,” The Week, https://www.theweek.in/theweek/more/2020/08/13/access-denied.html. Among other things, Mr. Mehta commented that federal courts “have reversed arbitrary H-1B denials. One court also held that the policy of requiring extensive documentation with third-party clients was unlawful. This should improve the prospects of H-1B requests filed on behalf of IT professionals from India who are assigned to their party client sites.”

Mr. Mehta spoke on “Ethics and Immigration: Spotlight on Select Rules and Client Representation During COVID-19” on May 18, 2020. He presented a briefing on fundamental ethical rules, how they pertain to immigration practice, and considerations when ethical issues arise in the context of the COVID-19 pandemic. Mr. Mehta addressed the four C’s of professional conduct rules: competence, communications, confidentiality, and conflicts, as well as other key rules requiring attention by lawyers during the pandemic. For more information or to order, see https://www.pli.edu/programs/ethics-and-immigration-spotlight-on-select-rules-and-client-representation-during-covid-19.

Mr. Mehta published an article on LinkedIn shortly after President Trump issued a proclamation banning permanent immigration to the United States for 60 days with possible extensions, with some exceptions. The article, “Trump Cannot Be Allowed to Rewrite Immigration Laws Based on Whim and Caprice,” is at https://www.linkedin.com/pulse/trump-cannot-allowed-rewrite-immigration-laws-based-whim-cyrus-mehta/.

Mr. Mehta was quoted in the following publications on President Trump’s order:

• Law360, “Can Trump End Immigration? Wording Matters, Scholars Say,” https://www.law360.com/articles/1265963/can-trump-end-immigration-wording-matters-scholars-say
• Economic Times, “Trump’s Plan to Suspend Immigration Would Affect Indians Waiting to Migrate to U.S.,” https://economictimes.indiatimes.com/nri/nris-in-news/trumps-plan-to-suspend-immigration-would-affect-indians-waiting-to-migrate-to-us/articleshow/75272497.cms
• Times of India, “If U.S. Immigration is Temporarily Suspended, Legal Experts Foresee a Plethora of Lawsuit[s],” https://timesofindia.indiatimes.com/world/us/if-us-immigration-is-temporarily-suspended-legal-experts-foresee-a-plethora-of-lawsuit/articleshow/75266086.cms
• India Times, “Trump Stops Green Cards for 60 Days Overseas. H-1B Visa Could Be Next,” https://www.newsindiatimes.com/trump-stops-green-cards-for-60-days-overseas-h-1b-visa-could-be-next/
• Business Insider, “Trump’s Executive Order Suspending Entry of Immigrants is ‘Drastic and Damaging,’ Says U.S. Immigration Attorney,” https://www.businessinsider.in/international/news/trumps-executive-order-suspending-entry-of-immigrants-is-drastic-and-damaging-says-us-immigration-attorney/articleshow/75310925.cms
• South Asian Times, “Trump’s Immigration Ban Not Affecting H-1B Visa,” https://thesouthasiantimes.info/vol-12-issue-51/ (see the next page of the e newspaper)

Mr. Mehta‘s posting was quoted by Breitbart in “Report: India’s H-1B Companies Ask Labor Department to Let Foreign Workers Stay Amid Crash.” He said, “If an employee works from a home which is within commuting distance of the workplace, then there is no need to file an amendment.” But, he added, “if an employee works from a home which is NOT within commuting distance from the workplace, the employer should obtain a new LCA for that location and file an H-1B amendment.” The article is at https://www.breitbart.com/politics/2020/04/03/indias-h-1b-companies-ask-labor-department-to-let-foreign-workers-stay-amid-crash/.

Mr. Mehta was quoted by India-West in “In Fresh Blow to Business Immigration, Trump Bans Federal Agencies from Hiring H-1B Workers.” Mr. Mehta said the Trump order was largely ceremonial: “This executive order does not say or do much damage to the H-1B visa program, which already has built-in protections in the law and regulations.” The article is at https://bit.ly/2XFkF0W.

David Isaacson, of Cyrus D. Mehta & Partners, PLLC, has authored a new blog posting. “Implementation of Safe Third Country Agreement Held to Violate Canadian Charter of Rights and Freedoms—So Why Will Prior U.S. Asylum Claimants Be Denied a Hearing at the Refugee Protection Division in Canada Even After This Takes Effect?” is at https://bit.ly/2Dp3YA9.

Mr. Mehta and Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) were quoted by the Times of India in “Medical Insurance a Burden for Laid-Off H-1B Workers.” Among other things, Mr. Mehta said, “Employer plans are generally of a higher quality, and employers are able to purchase these higher quality plans at a discounted group rate from the insurance company. In most cases, the employer pays most of the premium and the employee pays a smaller percentage. When the employee is terminated, the employee pays the whole cost of the insurance [under COBRA] and the employer generally does not pay.” Mr. Yale-Loehr said that many laid-off H-1B workers do not know about COBRA benefits or may be afraid to ask. “They should consult an experienced insurance agent to understand their rights. And many employers may not realize they need to provide COBRA continuation coverage to a terminated H-1B worker,” he noted. The article is at https://bit.ly/2XhFQFe.

David Isaacson, of Cyrus D. Mehta & Partners PLLC, has authored a new blog posting. “My Comment on the Proposed Affidavit of Support Revisions: Do You Have One Too?” is at http://blog.cyrusmehta.com/2020/04/my-comment-on-proposed-affidavit-of-support-revisions-do-you-have-one-too.html.

Cora-Ann Pestaina, of Cyrus D. Mehta & Partners PLLC, has authored a new blog posting. “LCA Posting Requirements at Home During the COVID-19 Pandemic: Do I Post on the Refrigerator or Bathroom Mirror?” is at https://bit.ly/34yaHkb.

Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) and partner Leon Rodriguez filed friend-of-the-court briefs on behalf o the Society for Human Resources Management (SHRM), the Alliance for International Exchange, and more than 100 co-amici consisting of sponsors, employers, and hosts participating in the J-1 exchange visitor visa program. The cases are Gomez v. Trump and National Association of Manufacturers, et al. v. Wolf. The SHRM press statement, which includes links to both filings, is at https://shrm.org/about-shrm/press-room/press-releases/Pages/SHRM-Leads-Amicus-Brief-in-Support-of-J-1-Visa-Visitor-Exchange-Programs.aspx.

Mr. Paparelli co-authored a new legal update. “Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted” is at https://www.seyfarth.com/news-insights/another-day-another-immigration-executive-order-now-federal-contractors-are-targeted.html.

Mr. Paparelli authored a new blog posting. “No Whine Before Its Time: USCIS Recognizes Immigration Successorship in Interest for Multinational Executives and Managers” is at https://bit.ly/3bHkkPw. Mr. Paparelli authored an op-ed published by Bloomberg Law on how immigrants can help us attack COVID-19 and revive the economy. “Insight: Legal Immigration Can Help Revive the Economy—If We Let It” is at https://news.bloomberglaw.com/us-law-week/insight-legal-immigration-can-help-revive-the-economy-if-we-let-it. Mr. Paparelli was quoted by Law360 in “Shielded From Green Card Ban, EB-5 Investors Still At Risk.” The article discusses the risks to those who invested in projects that are under construction and are halted due to the COVID-19 pandemic. Those with pending EB-5 petitions must alert USCIS of any significant changes to the project during the estimated two-year processing time. An investor may be required to file a new petition if the changes are significant enough, causing the applicant to lose their spot in line for a green card, sometimes for years. “This throws the EB-5 program into absolute turmoil and ambiguity,” Mr. Paparelli said. The article is at https://www.law360.com/construction/articles/1269542/shielded-from-green-card-ban-eb-5-investors-still-at-risk. Mr. Paparelli, partner at Seyfarth Shaw LLP, and William Stock (bio: https://www.abil.com/lawyers/lawyers-stock.cfm?c=US), partner at Klasko Immigration Law Partners LLP, were quoted by Law360 in “Axed H-1B Work Visa Policies May Not Be Gone For Good.” Mr. Paparelli noted that USCIS will not stop trying to issue rule changes through policy memoranda unless it is forced to do so. “So what are the levers of pressure that can be placed on them? Congress, money or politics,” he said. Mr. Stock said that many of the immigration guidance memos the Trump administration has issued have gone too far and tried to change regulations without rulemaking. “This administration certainly has seemed to care less than other administrations have about whether the guidance they are promulgating would be inconsistent with the regulations,” he said. The article is available by registering at https://www.law360.com/articles/1276864/axed-h-1b-work-visa-policies-may-not-be-gone-for-good. Pearl Immigration has posted a summary of information on U.S. consulate closures around the world and related information due to the COVID-19 pandemic. The summary is at https://www.immigrationlaw.com/u-s-consulate-closures-due-to-covid-19/.

Siskind Susser PC has posted a new Siskind Summary. “S. 386—The Fairness for High-Skilled Immigrants Act of 2020 (as of 8/5/2020)” is at https://www.visalaw.com/siskind-summary-s-386-fairness-high-skilled-immigrants-act-2020-852020/.

Wolfsdorf Rosenthal LLP has published several new blog postings. “Court Extends Temporary Restraining Order in Case Challenging EAD Delays”; “Who Can File a Form I-485 Adjustment of Status in the U.S. Under EB-5?”; “DOL, DHS Enter Memorandum of Agreement to Share Info on Foreign Workers for Enforcement Purposes”; and “U.S. State Department Explains Exceptions to H-1B, H-2B, J-1, L-1A, and L-1B Labor Market Ban”; and “SEVP Modifies Temporary Exemptions for Nonimmigrant Students Taking Online Courses During Fall 2020 Semester” are available at https://wolfsdorf.com/blog/.

Mr. Yale-Loehr co-authored a new report, “Recruiting for the Future: A Realistic Road to a Points-Tested Visa Program in the U.S.” Links to the report and a related slide deck are available at https://www.lawschool.cornell.edu/MigrationandHumanRightsProgram/Recruiting-for-the-Future.cfm. The report (https://www.lawschool.cornell.edu/information-technology/upload/Immigration-Points.pdf), was discussed in several news outlets:·         “Skilled Immigration is Just What We Need to Recover Our Economy, ” op-ed by Mr. Yale-Loehr and Mackenzie Eason, The Hill, https://thehill.com/opinion/immigration/509365-skilled-immigration-is-just-what-we-need-to-recover-our-economy ·         “Law Scholars’ Proposal Boosts Skilled Immigration, Economy, ” Cornell Chronicle, https://news.cornell.edu/stories/2020/07/law-scholars-proposal-boosts-skilled-immigration-economy·         “A Blueprint for Reforming Skilled Immigration in the U.S., ” Charles Koch Foundation, https://www.charleskochfoundation.org/story/blueprint-reforming-skilled-immigration-in-the-u-s/

·         “¿Está preparado EEUU para una reforma migratoria por méritos? Estudio recomienda hacer primero una prueba,” Univision, https://www.univision.com/noticias/inmigracion/esta-preparado-eeuu-para-una-reforma-migratoria-por-meritos-estudio-recomienda-hacer-primero-una-prueba

·         “Qué tipo de inmigrantes podrían aprobar los requisitos de la reforma ‘por méritos’ de Trump,” El Diario, https://eldiariony.com/2020/08/02/que-tipo-de-inmigrantes-podrian-aprobar-los-requisitos-de-la-reforma-por-meritos-de-trump/

Mr. Yale-Loehr was quoted by Univision in “¿Se pueden limpiar los antecedentes migratorios? Respondemos tus preguntas de inmigración” (English translation: “Can Immigration Records Be Cleared? We Answer Your Immigration Questions.” Although the federal government has the right to deport people with legitimate final or absent deportation orders, some “may be subject to challenge. Immigrants have rights,” he said. For example, he explained, “Given inefficiencies in the immigration court system, many people may have received a deportation order illegally because ICE did not have their correct address to notify them of their date in immigration court.” In such cases, he noted, “affected individuals may have the right to reopen their immigration case.” If this is your case, Mr. Yale-Loehr recommended, “find a lawyer now.” The article is at https://bit.ly/31Af7Ga. Mr. Yale-Loehr was quoted by the Times of India in “Nasscom Says Trump Move on Federal Contracts Misguided.” He said the latest executive order seems innocuous, but that “as we have seen with prior executive orders, this may be the starting point to increase H-1B enforcement generally. Moreover, even if the review doesn’t do much, it is good publicity for Trump to appear to support American workers as part of his re-election campaign.” The article is at . Mr. Yale-Loehr was quoted by Inside Higher Ed in “Trump Administration Reportedly Considers Restrictions on Foreign Student Work Program.” Mr. Yale-Loehr noted that the Trump administration could take a number of actions in relation to Optional Practical Training (OPT). He said that he thinks President Trump is likely to instruct the Department of Homeland Security “to start rulemaking, because I think he’s getting a lot of pushback from companies that rely on OPT. A proposed rule would give him political cover while not actually suspending the OPT program.” The article is at https://bit.ly/2MaCYVE. Mr. Yale-Loehr was quoted by Univision in “Corte de apelaciones falla en contra de una medida de Trump que prohíbe la entrada de migrantes sin seguro médico.” The article discusses an appeals court ruling against a Trump administration measure prohibiting the entry of uninsured migrants. If effective, “the new temporarily suspended rule would affect more than half of all immigrants. The 2-1 decision … confirmed the temporary suspension decision issued in November,” he said. He further noted that the majority opinion of the 9^th Circuit panel of judges maintains that “the lower court adequately determined that the plaintiffs would suffer irreparable harm in the form of a long separation from their loved ones abroad. The majority also noted that the President does not have unlimited power to deny immigrant visas based on purely domestic concerns.” The article (in Spanish) is at https://bit.ly/3blFD94. Mr. Yale-Loehr co-authored “Challenging H-1B Denials in Federal Courts: Trends and Strategies” (Apr. 27, 2020), which includes details on Miller Mayer research into recent H-1B cases, summaries of recent cases, and strategies and takeaways for employers to use in future lawsuits, https://millermayer.com/2020/challenging-h-1b-denials-in-federal-courts-trends-and-strategies/Mr. Yale-Loehr was quoted by Univision in “Demanda contra el gobierno por negar ayuda a matrimonios mixtos revive el temor al uso de datos privados.” The article (in Spanish) discusses a lawsuit challenging the exclusion of certain immigrants from receiving coronavirus stimulus checks. Mr. Yale-Loehr noted that the legal precedent in this case could be in favor of the government. “I wish MALDEF the best, but I fear that they may lose their case,” he said. “In Mathews v. Díaz, 426 US 67 (1976), the Supreme Court held that “Congress regularly establishes rules regarding foreigners that may be unacceptable if applied to citizens” (426 US at 80) and that “there is no constitutional duty to provide all foreign citizens with the same benefits provided to citizens,” he added. “The Court held that such disparate treatment by Congress regularly does not necessarily imply harmful discrimination,” he said. The article is at https://www.univision.com/noticias/inmigracion/demanda-contra-el-gobierno-por-negar-ayuda-a-matrimonios-mixtos-revive-el-temor-al-uso-de-datos-privados.  Mr. Yale-Loehr was quoted by the Toronto Globe and Mail in “Trump Freezes Some Immigration to U.S., May Stop Temporary Work Permits, Citing Coronavirus.” Mr. Yale-Loehr said, “First, if the purpose of the proclamation is to protect against the coronavirus, it makes no sense to temporarily suspend entry of people applying for green visas but not those coming temporarily to the United States. Second, if the purpose is to protect U.S. workers, it also makes no sense to exclude temporary foreign workers from the proclamation.” The article is at https://www.theglobeandmail.com/world/us-politics/article-trump-freezes-some-immigration-to-us-may-stop-temporary-work/. Mr. Yale-Loehr was quoted by Huffington Post in “Trump Signs Order Suspending Some Immigration During Coronavirus Pandemic.” He said before the order was released that an order to ban all immigration to the United States would be “outrageous and likely unconstitutional,” noting that the United States has “never done that before, even during world wars.” The article is at https://www.huffpost.com/entry/trump-executive-order-immigration-coronavirus_n_5e9f3bf1c5b6a486d08048b5?guccounter=1. Mr. Yale-Loehr was quoted by China Daily in “U.S. Immigration Suspension Draws Criticism.” He said, “If the executive order (had) suspended all immigration to the United States, it would surely be challenged as unconstitutional.” The article is at http://global.chinadaily.com.cn/a/202004/23/WS5ea0cea1a3105d50a3d18214.html. Mr. Yale-Loehr was interviewed on The Take, a podcast from Al Jazeera, about the history of the Deferred Action for Childhood Arrivals program and how the Supreme Court might rule in a few weeks. The podcast, “When ‘Dreamers’ Self-Deport,” is at https://www.aljazeera.com/podcasts/thetake/2020/05/dreamers-deport-200522152026157.html. Mr. Yale-Loehr was quoted by Law360 in “Can Trump End Immigration? Wording Matters, Scholars Say.” He noted that if the order targeted anyone already in the United States, it would also raised constitutional concerns. The article is at https://www.law360.com/immigration/articles/1265963. Mr. Yale-Loehr was also quoted by several other publications on the same topic:·         Financial Times, “Donald Trump Suspends Key Routes to U.S. Immigration for 60 Days,” https://www.ft.com/content/7060ba17-03b5-48d6-94d1-37c6d99c5f0a (available by subscription only)·         Express (UK), “Trump ‘Pauses Immigration’ to Put Americans First in Line for Jobs After COVID-19 Lockdown,” https://www.express.co.uk/news/world/1272096/donald-trump-immigration-ban-US-coronavirus-job-market-employment-death-toll-latest ·         AZ Central, “Trump Wants to Shut Down Immigration to Slow the Coronavirus and Protect American Jobs. Here’s How That Could Backfire,” https://www.azcentral.com/story/news/politics/immigration/2020/04/21/trumps-immigration-shutdown-plan-could-backfire-coronavirus-covid-19/3000121001/·         Vox, “Trump’s Executive Order to Stop Issuing Green Cards Temporarily, Explained,” https://www.vox.com/policy-and-politics/2020/4/21/21229286/trump-immigration-ban-executive-order-coronavirus ·         Univision, “Esto es lo que se sabe hasta ahora de la orden de Trump de suspender la inmigración a EEUU,” https://www.univision.com/noticias/inmigracion/esto-es-lo-que-se-sabe-hasta-ahora-de-la-orden-de-trump-de-suspender-la-inmigracion-a-eeuu Mr. Yale-Loehr of Miller Mayer LLP; Cornell Law School, together with additional Cornell departments; and Catholic Charities of Tompkins/Tioga Counties, presented a webinar on new changes to immigrants’ access to public benefits and the impact of COVID-19 care on the public charge analysis. The webinar, “Immigrants, Public Benefits, and COVID-19,” was held April 13, 2020. For more information or to download the slide deck and handouts, see https://cornell.app.box.com/folder/109666262652.

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In this issue:

1. IMMIGRATION AND TRAVEL-RELATED IMPLICATIONS OF THE CORONAVIRUS PANDEMIC: AN OVERVIEW – This article provides an overview of policies and procedures related to the novel coronavirus/COVID-19 outbreak in various countries, as of late March. The situation is rapidly evolving day by day, so readers are advised to check reliable sources frequently for updates.

2. CANADA – The Québec immigration department is closing a month-long consultation period with stakeholders on four questions intended to revamp a fast-track immigration stream leading to permanent residence in Canada for francophone foreigners living in Québec.

3. COLOMBIA – Several updates have been announced with respect to reform of entry permits, investing in Colombia, and a new special permit for Venezuelans.

4. SCHENGEN AREA – A new Schengen code regulation came into force.

5. UNITED KINGDOM – There have been changes in the Immigration Health Surcharge fee and in the minimum Tier 2 salary for Indefinite Leave to Remain applications.

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 – April 2020

1. IMMIGRATION AND TRAVEL-RELATED IMPLICATIONS OF THE CORONAVIRUS PANDEMIC: AN OVERVIEW

This article provides an overview of policies and procedures related to the novel coronavirus/COVID-19 outbreak in various countries, as of late March. The article includes brief updates on European Union Member States and the U.S. borders with Canada and Mexico, followed by country-by-country summaries. The situation is rapidly evolving day by day, and many countries are escalating restrictions on travel, borders, airports, and ports. Before traveling, check with the country of destination and the airline about what measures are being enforced.

European Union Member States

EU Member States have implemented various measures and restrictions for coping with the coronavirus crisis. A link to each country’s website with travel advice and indications, as of March 18, 2020, is at https://www.mazzeschi.it/mazzeschi-asiadesk/wp-content/uploads/2020/03/travel-advice-list.pdf. See also https://ec.europa.eu/transparency/regdoc/rep/1/2020/EN/COM-2020-115-F1-EN-MAIN-PART-1.PDF

U.S. Borders with Canada, Mexico

President Trump and Canadian Prime Minister Justin Trudeau agreed to close the U.S.-Canada border as of March 18, 2020, to “non-essential traffic,” such as recreation and tourism, for an indefinite period. President Trump tweeted that “[t]rade will not be affected,” and workers who live on one side and work on the other are expected to continue traveling across the border for work. Similarly, the United States and Mexico are limiting nonessential travel across the border, with exceptions.

More information:

• Washington Post, “Trump, Trudeau Agree to Close U.S.-Canada Border to ‘Nonessential’ Traffic,” https://www.washingtonpost.com/world/the_americas/trump-trudeau-us-canada-border-coronavirus/2020/03/18/90a27da8-6924-11ea-b199-3a9799c54512_story.html
• The Guardian, “Trump Announces U.S.-Canada Border Traffic Closed to ‘Nonessential’ Traffic,” https://www.theguardian.com/us-news/2020/mar/18/us-canada-border-closed-non-essential-traffic
• Washington Post, “Americans, Canadians Scramble to Get Home Before Border Largely Shuts Down,” https://www.washingtonpost.com/world/the_americas/americans-canadians-scramble-to-get-home-before-border-largely-shuts-down/2020/03/20/bd997a20-6a4e-11ea-b199-3a9799c54512_story.html
• S.-Mexico border restriction notice, https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-06253.pdf
• Al Jazeera, “U.S. Border Closings,” video news report, https://www.youtube.com/watch?v=qdv8ga_lP48

Country-by-Country Summaries

Canada

The Canadian government, in line with its “speed over perfection” approach, adjusts and revises travel policies on a daily basis. The situation remains fluid. with many moving parts. Note that all individuals returning to Canada must self-isolate for 14 days, regardless of citizenship.

The following is effective as of Friday, March 27, 2020:

It is still unclear at the moment how and if visa-exempt workers, who would normally apply for their work permits directly upon arrival, will be allowed to travel to Canada. The situation for pre-approved individuals and those holding valid documents has been clarified:

• Students who have valid study permits or an IRCC pre-approval letter (“letter of introduction”) dated March 18, 2020, or before, may travel to Canada by land or air.
• Workers with valid work permits or pre-approval letters from IRCC (“letter of introduction”) may travel to Canada, regardless of industry.
• New workers who will be employed in critical industries such as agriculture, food processing, health, transportation and emergency services may also travel to Canada.
• Individuals whose permanent residence has been approved and who hold a Confirmation of Permanent Residence (COPR) issued on or before March 18, 2020, may also travel to Canada in order to activate their permanent residence. They must show the COPR upon boarding the plane.
• Transit through Canadian airports is still allowed, provided the individual is not seeking to be admitted to Canada.
• Canadian citizens with dual or multiple citizenship may exceptionally travel back to Canada on their foreign passports, provided they obtained an email from IRCC granting them special authorization.
• Anyone, regardless of citizenship, returning from abroad must self-isolate for 14 days. Canadians being repatriated and landing at one of the four airports receiving international flights (Montreal, Toronto, Calgary and Vancouver) and who need to take a domestic connecting flight will be quarantined at one of the airport hotels for 14 days, before being allowed to embark on a plane to their final Canadian destinations. Accommodation and food will be provided by the government.
• Severe penalties such as fines and prison sentences have been established under the Quarantine Act for anyone violating it. Foreign workers, students, and permanent residents could become criminally inadmissible if convicted of one of the more severe offenses under the Quarantine Act.

Immigration-related services in Canada are provided by various provincial and federal administrations, such as Service Canada; Immigration, Refugees and Citizenship Canada (IRCC); and provincial governments such as the Québec Ministry of Immigration. As companies were forced this week to transition to remote work and only “essential” services were allowed to stay open, all government offices have had to adjust quickly to allow their personnel to work remotely. Depending on the administration, some immigration processes still rely heavily on paper-based submissions.

So far, the following adjustments have been announced:

IRCC:

• Permanent Residence and Citizenship applications can still be sent in hardcopy to IRCC, as their processing center in Sydney remains open.
• Hardcopy submissions for visitor records, study permits, and work permits are discouraged and should be done online.

Service Canada:

• Most agents are working remotely.
• Service Canada will allow employers increased flexibility in reporting changes to working conditions (e.g., wage fluctuation, temporary layoffs).
• Submissions for Labour Market Impact Assessments (LMIA) can now be submitted by email, in addition to fax.
• 12- and 24-month reviews for Labour Market Benefit Plans are suspended.
• On-site compliance inspections are suspended.

Québec Ministry of Immigration (MIFI):

• 95% of their personnel works remotely.
• MIFI is expected to announce measures to streamline their operations regarding paper submissions soon.

Anticipated Developments

Clarification is awaited on the following elements:

• Will IRCC emulate France, Australia, and New Zealand’s initiative and automatically extend status documents by 3-6 months?
• Will MIFI allow electronic signatures and electronic submission of applications?
• Service Canada is discussing labor mobility for in-Canada workers on closed work permits. Will workers be allowed to move and/or change employers more easily?
• Will Service Canada ease recruitment requirements for LMIAs?

The following was effective as of Friday, March 20, 2020:

U.S.-Canada Land Border

• All “non-essential” travel across the land border is prohibited. This includes, among others not yet defined, travel for tourism and recreation.
• Exceptions exist for supply-chain workers to guarantee continued supply of goods, fuel, and medication in Canada and the United States, as well as for travel for essential work.
• In the latest announcements, it was confirmed that individuals with valid work permits and study permits may also travel back to Canada.
• No “flagpoling” for any visitor, foreign worker, or foreign student already in Canada. They must apply online to extend or modify their status.
• This measure does not include or apply to returning Canadian citizens, permanent residents (PR), and First Nations, including their non-Canadian/non-PR/non-First Nations family members. Family members include spouses and common-law partners, as well as dependent children and their dependent children.

Air Travel to Canada

Airlines must deny boarding to certain travelers. The following is a summary:

• All symptomatic persons, regardless of citizenship, and any foreign visitor traveling for non-essential purposes, will be denied boarding on airlines.
• The following groups of people will be allowed to board, along with their family members (see definition above): Canadian citizens, Canadian permanent residents, First Nations, and Members of the Canadian Forces, provided they are asymptomatic.
• Also allowed to travel by plane: flight crew members, diplomats, Canadian forces on official travel, and persons specifically authorized by Canadian consular officers, the Minister of Health, the Minister of Foreign Affairs, the Minister of Citizenship and Immigration, the Minister of Public Safety, and the Chief Public Health Officer.
• Valid work and study permit holders are also allowed to board a flight to Canada, subject to whether they are asymptomatic.
• It is unclear whether individuals who have not yet activated their work or study permits will be allowed to board. It is likely that airlines will not allow boarding to avoid noncompliance with Canadian regulations and potential fines.
• Travel by plane for essential work in Canada is also allowed, but it is recommended to heavily document the necessity to travel, as airlines may be reluctant to allow boarding in practice.

Immigration attorneys recommend that temporary workers and students whose status expires in the next 6 months may wish to submit an application for renewal online, and remain in Canada for the foreseeable future and avoid all travel abroad, as they may face complications when re-entering Canada.

Colombia

Colombia is restricting entry by all passengers who are not Colombian residents or citizens. Colombian citizens and foreign residents who arrive must perform an obligatory 14-day period of self-isolation after arriving in Colombia.

Additional developments include:

• Maritime, land, and river borders are closed until May 30, 2020.
• Visa applications will not be processed at Colombian consulates.
• President Duque has declared a National Emergency. Anyone age 70 or older must self-isolate until May 30, 2020. The order allows senior citizens to leave their homes for essential errands in supermarkets, banks, and pharmacies.
• Airports are closed to international traffic. Flights are still leaving Colombia, but disruptions and cancellations are highly likely.
• The Colombian government published a further decree putting the entire country on lockdown. The nationwide quarantine aims to “flatten the curve” of the expansion of COVID-19 among the population, especially the most vulnerable.
• The Ministry of Foreign Affairs will accept visa applications for processing and electronic approval but will not make visa stamps in the passport.
• Migración Colombia will suspend the deadlines for canceling special stay permits (PEP), and the expiry of the authorized stay for holders of entry and stay permits for “other activities” (POA), other than for Shore Pass and maritime or river crew. Likewise, the immigration authority may abstain from initiating administrative action or grant an opportunity for amendment under preventive isolation measures for those cases in which visa registration and the issuance of a foreigner’s ID card (cédula de extranjería) is required.

There have been 608 confirmed cases of the novel coronavirus in Colombia as of March 28, 2020.

France

The Ministry of Interior announced a three-month validity extension of residence permit documents expiring between March 16 and May 15, 2020, including long-stay visas, residence permits, provisional residence permits, asylum application certificates, and receipts for residence permit applications. This measure applies only on national territory. It is recommended that those with expired residence permits not leave France.

The borders of the Schengen Area remain closed during the 30-day period that began March 17, 2020. Non-European nationals will not be able to enter during this time. See https://www.karlwaheed.fr/wp-content/uploads/2020/03/client_alert_26032020_v1.pdf

Hong Kong

As the impact of the COVID-19 outbreak continues to expand across the globe, international immigration lawyers find themselves in various stages of the crisis management lifecycle, having to advise clients and companies with business travel and immigration needs.

This short update summarizes some of the special directives of the Hong Kong government to contain the spread of the virus and the impact on immigration law practitioners.

Hong Kong is requiring compulsory quarantine for 14 days for all persons, regardless of nationality, entering from all jurisdictions except for Macau, Taiwan, and mainland China. After the 14 days of home quarantine, those persons will be subject to another 2 weeks of medical surveillance.

In addition, the government has closed all but three border checkpoints:  the airport, the Shenzhen Bay Bridge, and the Hong Kong-Zhuhai-Macau Bridge. Flights from China have been greatly reduced, and cross-border rail connections as well as cross-border ferries have also been suspended.

Impact on Operations of the Hong Kong Immigration Department

The Hong Kong Immigration Department (HKID) is now reopened for all services after a period when all government employees were advised not to go to the office but to work from home, except for staff of departments providing emergency services and essential public services such as urgent extension of visa applications and passport applications and renewals. All other services were suspended, including new applications for employment visas, change of sponsor, non-urgent applications for extension of stay, Hong Kong Identification Card appointments, and collection of approved visas.

While the HKID has reopened, new employment visa applications and applications for change of employment sponsor and non-urgent applications for extension of stay will be delayed because of a backlog of existing applications and a large number of new applications. Employers therefore should be prepared for a delay in their employees’ start of employment.

Certificate of No Criminal Conviction Office

The Hong Kong Police Force’s Certificate of No Criminal Office has implemented the following measures to reduce the number of people gathering at the office.

• Applicants are encouraged to make an appointment through the Online Booking System or through the auto-telephone answering system at 2396-5351.
• In addition, there will be 60 places for applicants without appointment by the distribution of discs, which are distributed at 8:45 a.m. each day. Those allocated a disc should return to the office for processing of their application at the designated time slot on the same day stated on the disc.
• Applicants are advised to wear masks, and their body temperature will be checked before entering the office. Those who have fever or respiratory symptoms will be told to leave.
• As a result of reduced personnel during the government policy of not requiring non-essential employees to go to the office, the processing of Hong Kong Police Certificates for those seeking to immigrate will likely be delayed.

High Court Registry Services

Many Citizenship By Investment programs require documents such as birth certificates, marriage certificates, divorce certificates, and affidavits not only to be notarized but also legalized by the Hong Kong High Court Registry through an apostille stamp in accordance with the Hague Convention. These services had been curtailed completely for a period of time as the High Court Registry had temporarily closed for such services.

The High Court Registry Office has now reopened and legalizations of documents are being processed routinely.

U.S. Consulate Operations

As of March 19, 2020, the U.S. Consulate General in Hong Kong and Macau has suspended all routine immigrant and nonimmigrant visa services. The consulate said it will resume routine visa services as soon as possible but is unable to provide a specific date. There is no fee to change an appointment, and visa application fees are valid for one year.

To reschedule an immigrant visa appointment, use the Visa Inquiry Form at https://hk.usconsulate.gov/visas/visa-inquiry-form/

To request an emergency nonimmigrant visa appointment for immediate travel to the United States for medical reasons, funerals, urgent business travel, or urgent exchange visitor (J-1) or student (F-1) travel, use the Visa Inquiry Form at https://hk.usconsulate.gov/visas/visa-inquiry-form/

U.S. Citizen Services, such as applications for passports or registering for a consular report of birth of a U.S. citizen abroad, continue to be available by appointment.

Other Neighboring Regions

Macau

The Macau government has introduced temperature screening at all border checkpoints, including the airport, land crossings, and ferry terminals. All inbound travelers must complete a health declaration form upon arrival. Ferry services between Hong Kong and Macau are suspended.

On February 20, 2020, the Macau government began enforcing medical checks for tourists who have been to areas with a high incidence of the novel coronavirus within a 14-day period. The Macau government has also established processing centers at the Macau Federation of Trade Unions Workers Stadium and the Taipa Ferry Terminal to screen passengers for symptoms of COVID-19.

Tourists whose medical check results meet the requirements of the Health Bureau will be allowed to continue their trip. Those who do not meet the Health Bureau requirements may be subject to compulsory quarantine in addition to criminal prosecution in accordance with local law. Individuals who have been to South Korea are subject to a 14-day observation in quarantine at a designated venue in Macau. The costs of quarantine in designated hotels will be borne by the individuals themselves.

Philippines

On February 2, 2020, President Rodrigo Duterte issued a temporary travel ban on visitors from China, Hong Kong, and Macau to curb the spread of the coronavirus.

Taiwan

Taiwan restricts Hong Kong and Macau travelers from entry until a 14-day home or hotel quarantine passes upon landing in Taiwan.

In addition to an earlier decision to ban Mainland Chinese nationals from entering Taiwan, Taiwan has also imposed restrictions on Hong Kong and Macau citizens traveling to Taiwan and has raised a travel alert for both cities to Level 2, according to the island’s Center for Disease Control (CDC). Foreigners who have been in mainland China over the past 14 days are also banned from entering Taiwan.

Foreign nationals seeking to enter Taiwan for special reasons can apply for an entry visa as long as they have not visited or stayed in mainland areas severely affected by the coronavirus outbreak, including Hubei, Guangdong, and Zhejiang provinces, according to the Foreign Ministry.

These persons must provide documents of their travel history in the past 14 days, a health certificate, and various other paperwork.

Taiwan has also suspended the issuance of entry permits on arrival and online processing of entry permits for Hong Kong and Macau residents.

Italy

Following the recent outbreak of coronavirus cases in the North of Italy, parts of the country have limited access in and out of some areas, as well as particular restrictions on work and public activities. Extraordinary health measures have been implemented in Italy and across Europe.

The validity of all permits, authorizations, certificates, clearances with an expiration date between January 31, 2020, and April 15, 2020, has been extended until June 15, 2020. As a consequence, residence permits (permessi di soggiorno) with an expiration date between January 31, 2020, and April 15, 2020, will be valid until June 15, 2020. Applications for renewal can therefore be applied for until after 60 days from June 15, 2020.

The validity of Italian identification documents (e.g., identity cards, passports) expiring March 17 or later is extended until August 31, 2020.

In addition, all applications pending as of February 23, 2020, or filed after that date are suspended in the period between February 23, 2020, and April 15, 2020. This means that any applications that have been filed during this period will not be processed between February 23, 2020, and April 15, 2020.

Travel To and Within EU Countries

As noted above, EU Member States have implemented various measures and travel restrictions. See the links at the top of this feature article for more information.

30-Day Suspension Permit of Stay Procedures (permesso di soggiorno)

On March 2, 2020, the Italian government published a Law Decree, effective immediately, containing measures to support families, workers, and companies with respect to the COVID-19 outbreak (Law Decree 2 March 2020, n. 9). In the effort to employ as much public staff as possible to control the current health situation, the Italian government suspended the issuance of permits of stay for 30 days (starting March 2) but has also temporarily suspended the terms to file permit applications for a period of 30 days (initial permits must be filed within 8 days from entry; extensions at least 60 days before expiration).

Obligations to file applications within the deadline above are lifted due to the 30-day suspension, and non-EU nationals who may not be able to meet the deadlines due to public offices’ unavailability will not incur any consequences. Strong delays in issuance of permits, and in general in all immigration-related procedures, are expected.

See https://www.mazzeschi.it/news/italy-30-day-suspension-permit-of-stay-procedures-permesso-di-soggiorno/

National Travel Restrictions

Emergency Measures Extended Nationwide

On March 9, 2020, the Italian government published a decree extending restrictive measures to the entire country in an effort to contain the spread of COVID-19 across Italy. New measures implemented in the “Red Zones” (areas most affected) only a day ago are now applied nationwide. Italy is now on lockdown, with the new “I stay at home” Decree, limiting all social activities, with all public events and indoor activities (e.g., concerts, fitness centers, theaters) suspended/closed. Schools and universities will remain closed until April 3. Restaurants and bars can only be open until 6 p.m. and must follow strict health guidelines (e.g., maintaining a safe distance between people) or will be fined.

Individuals who are quarantined or test positive for the virus are forbidden to leave their homes and to travel. Travel is allowed only for documented work, health, or other serious reasons. Those traveling outside their region or city can do so only out of serious necessity. It is mandatory to provide a signed self-certification on the reason for travel. The required self-certification can also be signed before a police officer, who can provide the required form. At the airport, travelers must show not only the travel document but also the signed self-certification. Individuals landing in Italy must declare the reason for travel upon entry.

The government has published some guidelines and FAQS. An English translation is at https://www.mazzeschi.it/2020/03/11/faq-on-the-iorestoacasa-decree-of-9-march/. See also https://www.mazzeschi.it/news/italy-new-decree-introduces-covid-19-related-measure/

Travelers Leaving Italy

For Italian citizens or individuals traveling from Italy, many countries are enforcing a travel ban, and mandatory or voluntary quarantine. The restrictions change day by day. Before traveling, check with the country of destination and the airline about what measures are being enforced.

Travelers Arriving in Italy

As of late March, there was no travel ban or mandatory quarantine on incoming travelers, but:

• All incoming travelers (even for internal flights) are subject to temperature checks.
• Travelers must submit a declaration confirming the purpose of their visit and the countries they have visited.
• On discretion of the authorities, they may be asked to do a 2-week quarantine at their domicile.

Flight Cancellations

Most airlines have suspended or canceled flights to and from Italy for the entire month of March and beginning of April. Those restrictions change day by day; it is advisable to check with the country of destination and the airline regarding what measures are being enforced.

Health Measures

The government has closed down schools and most businesses, including a number of administrative and governmental offices such as local police offices or post offices. Some governmental offices have adopted limited access and working hours to avoid risks and contamination. All schools and universities are closed until April 3 and closure can be extended. All sports events and public gatherings have been banned. Restaurants and bars must stay closed, as well as all businesses and retail stores, with the exception of grocery stores, pharmacies, tobacco shops, and newsstands (keeping the appropriate safe distances)

People can travel between cities only for emergency reasons and can face fines and up to 3 months in jail for breaking quarantine rules. Those who have to leave their region or their city out of serious necessity can do so only if they have self-certification stating that they must cross the borders for compelling business or health reasons, or because they have to return home.

What happens if non-EU nationals overstay their visa, or—for non-visa nationals (like USCs), their 90-day allowances?

There have been reports from non-EU nationals who, due to flight cancellations or the risk of being quarantined upon arrival, cannot return to their countries and will be overstaying their visas or 90-day allowances (for non-visa nationals). Both the Schengen Visa Code, which applies in all Schengen countries (e.g., Germany, France, Spain, Netherlands, Poland), and Italian immigration law have provisions that allow individuals to extend their stay if they cannot leave the country for reasons of force majeure.

With respect to the Schengen Visa Code, according to the Schengen rules, a short-term visa can be issued for a stay of a maximum 90 days in 180 days, allowing the holder to be in the Schengen countries for the period indicated in the visa. Normally the holder must leave the Schengen area when the visa expires, but in some circumstances it is possible to request an extension of an issued visa.

Article 33 of the Schengen Visa Code provides that if someone is unable to leave before his or her visa expires for reasons of force majeure, humanitarian reasons, or serious personal reasons, he or she can request an extension of the Schengen visa.

The request for an extension of the visa is to be addressed, before the visa expires, to the authorities of the Schengen State where the holder is, even if the visa was not issued by that state consulate. In Italy, the request must be addressed to the local police office (Questura). In this case the extension must be mandatorily granted (while if the extension is requested for business reasons, the authority to which it is submitted has discretion).

See https://www.mazzeschi.it/2018/08/09/grounds-for-extension-of-short-term-schengen-visas/

With respect to Italian immigration law, normally it is not possible to convert a short-term stay (for tourism/business) into a permit directly in Italy (an exception being family reasons). However, when the foreigner cannot or does not want to return to the country of provenance for reasons related to an exceptional unsafe situation (for instance, Chinese nationals who did not or could not return to China because of the COVID-19 outbreak), he or she should consider applying for a temporary residence permit for “calamity” reasons (Article 20-bis of Italian immigration law). Such a permit can be issued when the country to which the foreigner should return has a situation of contingent and exceptional calamity that does not allow a safe return and stay. The permit is valid for 6 months, can be renewed for an additional 6 months, and allows the foreigner to work. However, it cannot be converted into a permit for work allowing a longer stay.

See https://www.mazzeschi.it/news/emergency-grounds-for-extending-your-stay-in-italy/

Useful Links:

• http://www.viaggiaresicuri.it/home
• “Viaggiare Sicuri” is part of the Italian Ministry of Foreign Affairs (also called Farnesina), and functions as its crisis unit, leading operations and communications among all government institutions in Italy and all over the world. It operates in times of emergency to keep Italian citizens informed and protected: http://www.viaggiaresicuri.it/home
• http://www.protezionecivile.gov.it/home
• Department of Civil Protection, Presidency of the Council of Ministers. In charge of coordinating policies and dealing with safety and protection strategies in case of emergency: http://www.protezionecivile.gov.it/home
• Department of the Italian government in charge of public order, safety, and defense. Contains updates on Italian policies regarding coronavirus: https://www.interno.gov.it/it
• Italian Department of Health – in charge of national policies and institutions dealing with health. Contains helpful information on COVID-19 and health measures to fight the infection: http://www.salute.gov.it/portale/home.html
• World Health Organization (WHO) – useful tips and recommendations for international traffic: https://www.who.int/ith/2019-nCoV_advice_for_international_traffic-rev/en/
• WHO – Coronavirus Highlights: https://www.who.int/docs/default-source/coronaviruse/situation-reports/20200301-sitrep-41-covid-19.pdf?sfvrsn=6768306d_2
• See also https://www.mazzeschi.it/2020/03/11/faq-on-the-iorestoacasa-decree-of-9-march/; https://www.mazzeschi.it/2020/03/04/covid-19-summary-for-foreigners-and-travelers-in-italy/; https://www.mazzeschi.it/news/italy-new-decree-introduces-covid-19-related-measure/

Peru

Recently, the Supreme Government Administration of Peru enacted some provisions to prevent and control coronavirus spread in the country. A summary of selected highlights is below.

1. By Ministerial Resolution N° 055-2020-TR, signed by the Minister of Labor, the “Guide for the Prevention of Coronavirus (COVID-19) in the Labor Area” has been approved, with which specific guidelines are provided to employers, so that within the framework of their responsibilities, they comply with the proper containment and care of cases of diagnosed or suspected coronavirus in the workplace.

Related links:

https://www.gob.pe/institucion/minsa/campañas/699-conoce-que-es-el-coronavirus

https://www.gob.pe/8371-ministerio-de-salud-que-son-los-coronavirus.y-como-protegerte

https://www.gob.pe/8663-ministerio-de-salud-como-prevenir-el-coronavirus

https://www.gob.pe/8662-ministerio-de-saliud-coronavirus-en-el-peru

Communication and Information Measures: The HR offices, with the Committees or Supervisors of Occupational Safety and Health, must prepare a Communication Plan referring to the measures to be adopted by the company; prepare and disseminate messages based on official MINSA information and informative talks; and enable information points, among others.

Control Measures: Workers who have cold symptoms and report that they have been in contact with people who were diagnosed as having suspected, probable, or confirmed cases of coronavirus or who, 14 or fewer days before, visited areas at risk of transmission of this virus, according to the official list of countries with reported cases of COVID-19 on the MINSA website, are instructed to go to the nearest public or private medical center to have a medical evaluation or call the MINSA toll-free line, 113.

Likewise, workers should comply with the preventive measures adopted by the employer, attend corresponding training, use personal protection elements, and proceed responsibly to implement prevention and control measures.

Measures for organizing work activities are determined as well, among them telework (teletrabajo), using information technologies and telecommunications, and taking into account the nature of the activity or function performed by the worker under the Telework Law and Its Regulations, in case it could be applicable.

2. By Supreme Decree N° 008-2020-SA, a Declaration of Sanitary Emergency has been established nationwide for 90 calendar days and dictates prevention and control measures for COVID-19.

Within a period not exceeding 72 hours, by means of a Supreme Decree, the MINSA must approve the Action Plan and the list of goods and services required to be contracted to face the health emergency.

Various prevention and control measures to prevent the spread of COVID-19 have been established, including sanitation and migration controls, quarantines, restrictions on activities or events that involve the concentration of people in ways that increase the risk of transmission, and preventive health measures.

3. By Urgency Decree N ° 025-2020, urgent and exceptional measures have been enacted to strengthen the System of Surveillance and Sanitary Response with respect to coronavirus in the Peruvian territory.

With regard to “Teletrabajo,” special rules and norms will be established in the public and private sectors.

These legal norms will be in force until December 31, 2020.

4. By Supreme Decree No. 008-2020-MTC, flights coming from Europe and Asia, and from the Peruvian territory to such destinations, are suspended for a period of 30 calendar days from March 16, 2020. This term may be extended by Ministerial Resolution issued by the Peruvian Ministry of Transport and Communications, based on information from the health authority and taking into account the evolution of the pandemic.
5. By Supreme Decree No. 044-2020-PCM, on March 15, 2020, a State of National Emergency was declared in Peru due to the serious circumstances affecting the nation’s citizens’ lives as a result of the pandemic. The State of Emergency was decreed for 15 calendar days, until March 30, 2020.

The National State of Emergency established a compulsory social isolation quarantine.

The temporary and total closure of the borders was decreed as well, suspending the international transport of passengers by land, air, sea, and river, among other regulations.

Before that occurred, passengers entering Peruvian territory had to comply with a compulsory social isolation (quarantine) of 15 calendar days.

6. By Urgency Decree N° 026-2020, on March 15, 2020, several temporary and exceptional measures were established to prevent the spread of the virus in the Peruvian territory, including the ability granted to employers in the public and private sectors to modify the worksites of their staff to implement remote work (e.g., a home office) and its particular characteristics.
7. On March 16, 2020, an Official Communication was issued by the Peruvian Immigration Authority (MIGRACIONES) with which the public was informed about the suspension of operations for a period of 15 calendar days due to the National State of Emergency in the country.

As of late March, MIGRACIONES’ offices are closed during the emergency period and no services are available to the public.

8. By Supreme Decree No. 046-2020-PCM, on March 18, 2020, clarifications were made regarding the legal dispositions indicated in item #5 above, specifically regarding the “limitation to the exercise of the right to freedom of movement of persons,” initially decreed, in the sense of intensifying these measures to control the expansion of the coronavirus. In short, a “curfew” (compulsory social immobilization) was imposed in the country from 8 p.m. until 5 a.m. every day during this emergency period.

Private vehicles are no longer allowed to be driven on public roads, except for authorized people who provide essential services and goods (as established by law).

9. On March 21, 2020, MIGRACIONES has authorized the rescheduling of appointments related to administrative procedures and services once the State of Emergency has ended, as well as the suspending of administrative deadlines and fines with regard to migratory regularization, among other provisions established by the Superintendence Resolution No. 000104-MIGRACIONES, issued in the official gazette, “El Peruano.”

Russia

Visas and work permits for foreigners staying in Russia will be extended. A related official letter from the Internal Affairs Ministry has been released. All air travel has been suspended between Russia and foreign countries, except for evacuation of Russian citizens from abroad. All public events are banned until April 10, 2020. Schools, universities, and other educational institutions’ work is suspended until April 12, 2020.

Starting March 25, 2020, the following categories of foreign citizens and stateless persons can cross the Russian border despite the border block:

• Diplomats and consular workers, other officials;
• Persons with ordinary private visas, issued in connection with the death of their close relative. A death certificate will be required as well as a document confirming the family connection;
• Family members (spouses, parents, children, adoptive parents, adopted children), other caretakers of Russian citizens, entering the Russian Federation, provided they present an ID document, visa, or enter in visa-free mode, plus a document confirming the family connection; that is, foreign citizens will be able to cross the Russian border if they are traveling with their family members who are Russian citizens;
• Foreign citizens who have permanent residence permits in Russia; and
• Persons transit-traveling through air border checkpoints in Russia without crossing the Russian border.

The official letter, № 1/2964, “On additional measures for prevention of coronavirus infection (2019-nCoV),” was sent to the field on March 19, 2020. According to the letter, territorial divisions of the Internal Affairs Ministry are ordered to:

• On the application of foreign nationals who entered Russia based on visas, extend their existing visas for up to 90 days regardless of the purpose of visit and visa type. In cases where the visa has expired, the foreigner’s stay will be extended for up to 90 days based on the person’s written application. Subsequently, they will be issued transit visas to exit the country;
• On the application of foreign citizens who entered Russia without visas or based on international agreements on short-term visa-free travel, as well as in cases where the allowed period of stay has expired, extend the foreigner’s period of temporary stay in Russia for up to 90 days based on the person’s written application. Subsequently, they will be issued transit visas to exit the country;
• In cases where visa or non-visa foreigners lack migration cards, process duplicates along with their address registration applications (without an extended or even a valid visa);
• Allow those who wish to exit Russia to receive an exit visa;
• Not apply administrative punishments to these people related to deportation, administrative removal, or readmission for migration law violations.

Foreign citizens whose stay in Russia will be extended will be photographed and fingerprinted.

If Internal Affairs Ministry officials identify foreigners who are in Russia illegally, they will be told that they must legalize their status and will be given appropriate information on how to do it. Administrative sanctions will not be applied.

The official letter also orders territorial divisions of the Internal Affairs Ministry to:

• Continue accepting, processing, and issuing the following types of migration documents for foreigners who are staying in Russia at the moment:

1. Corporate Work Permits;
2. Work Permits;
3. Patents (without the need to cross the Russian border in case a 2-year stay period is over, without any administrative sanctions);

• Temporary Residence Permit (TRP) and Permanent Residence Permit (PRP):

If these documents expire or are close to expiration, extend the applicant’s stay in Russia for up to 90 days based on the foreigner’s application. Issuance of PRPs (extended) will be done irrespective of the existing PRP expiration date as well as in cases where the PRP has already expired;

• Annulments:

Work permits, TRP, PRP, and certificates of participants in state programs for the return of compatriots to Russia, will not be annulled even after the expiration of the 6-month term of a person’s stay abroad if the document holder cannot enter Russia.

Details of procedures described above, processing times, and lists of the required documents will be soon confirmed with the Internal Affairs Ministry Migration Department.

Turkey

The Interior Ministry issued a press release with the following information.

Germany, Spain, France, Austria, Norway, Denmark, Sweden, Belgium, Holland—For these countries, in which the coronavirus is spreading, the Interior Ministry shared a Circular with various authorities indicating that:

1. Passenger entries from these countries to Turkey are being stopped through all border gates (Tüm hudut kapıları – see below).
2. Citizens of these countries, and of third countries who have been in these countries within the last 14 days, will not be permitted to enter Turkey.
3. There will not be any restrictions on exiting Turkey for the nationals of these countries.
4. Turkish nationals’ travel to these countries has been temporarily suspended.
5. Regarding the countries that were “taken” (very unclear meaning) according to the procedures and principles determined by the Ministry of Health outlined for China, Iran, Iraq, South Korea, and Italy, inspection, control, and 14-day surveillance and quarantine operations will be followed when necessary.

Reference: https://www.icisleri.gov.tr/81-il-valiligi-ve-hudut-idare-mulki-amirliklerine-genelge

Note: The phrase Tüm hudut kapıları means all entry points via land, air, railway, and sea, according to the Ministry of Commerce website: https://www.ticaret.gov.tr/gumruk-islemleri/gumruk-idareleri/hudut-kapilari/hudut-kapilari-genel-bilgiler

As of March 17, 2020, the following countries’ flights to Turkey are also now banned: England, Switzerland, Saudi Arabia, Egypt, Ireland, and the United Arab Emirates. The number of countries for which Turkey bans flights has increased to 20.

See https://www.sozcu.com.tr/2020/gundem/son-dakika-saglik-bakani-kocadan-yeni-corona-aciklamasi-5682606/

Migration Directorate restrictions: The Migration Directorate, which oversees residence permit adjudication, Temporary Protection Status, and other immigration applications, has begun to limit applications. Unfortunately, the specifics are not yet clear. It appears that appointments in Istanbul may now be canceled without notice.

Ministry of Foreign Affairs restrictions: Turkish consular posts around the world are so far responding in various ways to the virus. Checking for the most up-to-date status for posts is imperative. In general, posts are either:

1. In full operation;
2. Only allowing visa filings by post or bonded courier (i.e., no in-person applications); or
3. Restricted to limited appointments or fully closed to visa services.

Ministry of Labor restrictions: A posted notice at the main gate of the MOL states that the Public Relationships Department was closed until further notice. This means that attorneys will not be able to enter the MOL building to make queries in person on work permit cases. All queries will need to be by phone, which is not particularly effective, according to reports.

There also appears to be a slowdown on the progress of adjudications, as seen via the online system. Cases appear to be taking longer to move through the steps of processing, from upload to officer review to adjudication. Anticipate longer timelines.

Useful links for travel to Turkey amid the pandemic period:

• See International Airport Transport Association-IATA country-by-country English language alerts. Countries can be easily added to this list, so check for updates. https://www.iata.org/en/programs/safety/health/diseases/government-measures-related-to-coronavirus/
• Turkish Airlines air travel restrictions on boarding and reservation changes (check for updates): https://www.turkishairlines.com/en-int/announcements/coronavirus-outbreak/index.html

United Kingdom

There is still a lack of clarity in terms of visa applications being submitted around the world and in the United Kingdom (UK).

Attorneys are urging UKVI and the Home Office to update its guidance of February 27, 2020, to provide greater clarity. In the meantime, below are updates.

Visa Application Centers Around the World

Many application centers are still open for those individuals who wish to submit visa applications. As expected, however, there are a number of closures and interruptions to the usual service standards. These include:

• Asia Pacific: Due to closure of the Manila regional visa hub, there are currently no priority services for applicants applying in, for example, Australia, New Zealand, South Korea, Singapore, and Hong Kong.
• USA: All non-premium biometric application service centers ASCs operated by USCIS in the United States are closed. The Premium Application Centers (PACs) all remain open for the time being, except for the PACs in Seattle and San Francisco, which are currently closed.
• Europe: All TLS contact centers are closed for UK visa applicants.
• UK: Sopra Steria application centers in the UK remain open for the time being. There have been reports of closures at some locations for certain application types (e.g., local libraries and councils).

Sponsored Workers

• Tier 2 workers with 30-day entry visas who are unable to travel: Where the visa holder cannot travel within the 30-day entry visa period, they must normally obtain a fresh visa and attend a biometric appointment abroad. Attorneys have asked for this to be waived and for those whose BRPs have been issued to be able to travel to the UK when they are able to do so without the need for a new visa.
• Tier 2 visa holders: remote working and reporting: The Home Office confirmed that where a sponsored worker is required to work from home as a result of coronavirus, the sponsor is not required to report a change of work location.
• Ending the employment of sponsored workers: Where sponsors are considering ending sponsored workers’ employment, contact your Alliance of Business Immigration Lawyers attorney for advice. A report would need to be made to the Home Office and the individual would then have a period of curtailed leave in order to try to regularize their UK immigration status.
• Absences and Indefinite Leave to Remain (ILR): There have been queries about the effect of absences on ILR, particularly from staff stuck outside the UK. At present, guidance for absences over the 180 days permitted under Tier 2 allows excess absences resulting from natural disaster and for those involved in humanitarian rescue operations overseas. This guidance is expected to be updated to include coronavirus-related issues with traveling and returning to the UK. The best advice at present is to ensure that Tier 2 holders keep clear evidence of why they were unable to return, such as the lack of flights, national government edicts preventing local and international travel, or medical advice against travel.

Other Issues

• Those with visas expiring in the UK: Chinese nationals and those normally resident in China have in some circumstances had their visas automatically extended to March 31, 2020. Extensions may well be required for others who have imminently expiring visas.
• Right-to-work (RTW) checks: For new starters who have just arrived in the UK where the office is closed, remote working is in place or, where the person is having to self-isolate, there may be issues with completing RTW checks. Alternatives are available:

Details and more information: https://www.kingsleynapley.co.uk/insights/news/immigration-update-coronavirus

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2. CANADA

The Québec immigration department is closing a month-long consultation period with stakeholders on four questions intended to revamp a fast-track immigration stream leading to permanent residence in Canada for francophone foreigners living in Québec.

The topics the Québec government is consulting on are:

1. Which eligibility criteria should the immigration department apply in their selection of workers and students intending to fast-track their permanent residence?
2. How can immigrants be encouraged to settle outside the urban centers?
3. Should the selection criteria prioritize experience gained in Québec, or immigrants whose profile match the labor market needs, or both?
4. How can “overqualification” be avoided? Should graduates become eligible for fast-track permanent immigration only after 1 year of work experience, and should the work experience have been obtained in their field of study, or at a level that matches their qualification?

The Québec immigration department had been heavily criticized for having attempted to overhaul the fast-track immigration process without public consultations in the fall of 2019, and had been forced to withdraw their bill.

Details:

• Consultation sur le Programme de l’expérience québécoise (PEQ), http://www.mifi.gouv.qc.ca/fr/dossiers/consultation-peq.html
• Québec government’s Consultation Guide, http://www.mifi.gouv.qc.ca/publications/fr/dossiers/DOC_consultation.pdf

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3. COLOMBIA

Several updates have been announced with respect to reform of entry permits, investing in Colombia, and a new special permit for Venezuelans.

Reform of Entry Permits

As of December 1, 2019, Resolution 3167 of 2019 issued by Migración Colombia is effective. This resolution establishes new guidelines for the entry, stay, and departure from the national territory of nationals and foreigners. The new resolution reorganizes the entry and stay permits (PIP) in three categories, which will allow foreigners of unrestricted nationalities to enter the country not intending to establish a domicile or profit, for short periods. The length of stay of PIPs will vary according to each category.

See http://www.tannus.co/en/reform-of-entry-and-residence-permits/

Investing in Colombia

The Colombian government decided to increase the legal monthly minimum wage (SMMLV) by 6% in 2020, which means that it is equivalent to $877,803 Colombian pesos (about $260 USD) per month. Those companies that wish to obtain visas for foreign personnel that require proof of solvency must take into account that the amounts contemplated in the immigration regulations and requested by the authorities are calculated in minimum wages. This is why, in cases where bank statements, certificates of incorporation and representation, among others, must be presented, such documents are expected to reflect the values requested, taking into consideration the corresponding adjustment for 2020, under penalty of receiving requirements or inadmissibility of the visa applications submitted.

See http://www.tannus.co/en/keep-in-mind-when-investing-in-colombia/

New Special Permit for Venezuelans
The Colombian government has continued simplifying the immigration regulations for Venezuelan nationals so they can continue to enter and regularize their immigration status in the country. Among the measures established by the Ministry of Foreign Affairs is the possibility of their entering, transiting, and leaving the national territory, even if the Venezuelan passport has expired.

See http://www.tannus.co/en/new-special-permit-for-venezuelans/

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4. SCHENGEN AREA

A new Schengen code regulation (Regulation (EU) 2019/1155 of the European Parliament and of the Council of 20 June 2019 amending Regulation (EC) No 810/2009 establishing a Community Code on Visas) came into force February 2, 2020.

This reviewed regulation applies to all third-country nationals who need a visa for intended stays in the territory of the European Union (EU) Member States not exceeding 90 days in any 180-day period.

The regulation sets forth the procedures and conditions for issuing Schengen visas. The following general principles apply:

• The Member States must act in full compliance with EU law and according to its general principles and decisions when applying this regulation.
• The Member States must take the decisions under this regulation on an individual basis.
• The application procedure should be as easy as possible for applicants.
• The relevant Member State to resolve an application must be clearly identifiable.
• The Member States must promote electronic processes, including electronic submission, interviews, and signatures when available.
• Deadlines should be established for each step of the process to allow applicants to plan ahead.
• Frequent or regular travelers (among other categories, business people, artists, and athletes) complying with the regulation might benefit from multiple-entry visas with longer periods of validity.

Benefits

As a result of the new regulation, the Schengen visa application process is expected to be much more flexible, allowing electronic procedures when possible, allowing submission of applications within the 6 months before the visit (instead of within 3 months as established before), and permitting the resolution of the application as a matter of urgency in justified cases, even if it was not submitted at least 15 days before the trip.

Another benefit of the regulation, together with flexibility, is the clarity about authorities in charge of the application (when different countries will be visited) and about processing times.

Finally, certain categories of visitors who need to travel regularly to the Member States can now obtain visas with longer duration, provided they have complied with the applicable regulation.

The increase in the processing fee (up to 80 euros) may be reasonable if the process becomes as flexible and efficient as expected by this modification.

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5. UNITED KINGDOM

There have been changes in the Immigration Health Surcharge fee and in the minimum Tier 2 salary for Indefinite Leave to Remain applications.

Immigration Health Surcharge fee increase: The latest budget includes an increase in the Immigration Health Surcharge (IHS) for overseas nationals to use the National Health Service. It was only 2 years ago that the IHS fee doubled to £400 per year of the visa, and now it is set to increase to £624 per year of the visa. The government had announced its intention to increase the IHS fee in November last year. The new fees will apply to non-European Union (EU) citizens starting in October 2020 and to EU citizens starting in January 2021.

As has previously been the case, those with student or Tier 5 (Youth Mobility Scheme) visas will pay a lower charge of £470 per year of the visa. There is a small concession under the new IHS fee arrangements in a lower charge for children under 18 of £470.

Minimum Tier 2 salary for ILR applications: In a number of rule changes announced recently, the Home Office has confirmed a freeze on the increase in minimum salary requirements where sponsored Tier 2 (General) workers are applying for Indefinite Leave to Remain (ILR). The current minimum is either £35,800 or the minimum expected amount for the type of job, whichever is higher. That amount was due to increase to £36,200 on April 6, 2020, but the new announcement confirms the government will be following the advice of the Migration Advisory Committee which, in its report of January 28, 2020, recommended a freeze on this threshold while the policy for ILR applications is considered.

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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

Dagmar Butte (bio: https://www.abil.com/lawyers/lawyers-butte.cfm?c=US) was quoted by Forbes in “Critics Charge Slow Immigration Processing Nets USCIS Billions in Fees.” Ms. Butte noted, “Particularly in change of employer cases or amendments due to a new work location, [premium processing is] a necessity. While under the law, the employee can, in theory, go to a new employer or location upon filing, the rising denial rates mean there is a great deal of risk to the employee if he or she moves prior to an approval.” The article is at .

Leslie Ditrani, of Chin & Curtis LLP, was quoted by Law360 in “Visa Issues Abound as Firms, Consulates Close for COVID-19.” Ms. Ditrani said an attorney at the firm had a client get a visa approved, but the consular office in London closed before they could get the necessary stamp. She said she would advise any client to follow the law and request a new labor condition application when required, such as if an H-1B specialty occupation worker has to move to a new location due to COVID-19 issues. But with the government requesting extra evidence for nearly half of H-1B petitions in the first quarter of fiscal year 2020, subjecting an immigration request to new scrutiny can carry its own risks, she noted. “Someone might be trying to do the right thing by posting because it’s more than 50 miles and then amending, and then find themselves with [a Request for Evidence] or even a denial,” she said. Disruptions in workplace functions could also make it difficult for employers and immigrants to meet filing deadlines and remember administrative requirements. “If someone is concerned about their health and being quarantined, it’s hard to wrap your head around the complex and nuanced rules regarding immigration status,” Ms. Ditrani noted. The article is at https://www.law360.com/articles/1253720/visa-issues-abound-as-firms-consulates-close-for-covid-19.

Klasko Immigration Law Partners, LLP, will host its 16^th annual spring seminar on Wednesday, April 22, 2020. All professionals in the field of employment-based immigration are invited to attend to learn the latest hot topics and trends in employment-based immigration from the industry-leading immigration lawyers at Klasko. For details or to register, see https://www.klaskolaw.com/event/klasko-2020-annual-spring-seminar/.

Klasko Immigration Law Partners, LLP, has published a blog posting, “Coronavirus Considerations for H and L Status Employees.” The coronavirus (COVID-19) has been dominating news stories across the globe. Many employers are making preparations or recommendations to staff members to work from home, particularly those returning from travel. How will these work-from-home directives affect H and L status employees who have specific worksite requirements? The blog is at .

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) was quoted by Law.com in “Lawyers Push for Change to Immigration Court Amid COVID-19 Concerns.” Mr. Kuck said that he is planning to wear protective gloves and wipe down his chair and table with sanitary wipes the next time he attends a hearing, but “[y]ou need bond hearings to continue.” He said he thinks the government should release to detained immigrants who are not a danger to the community. “You certainly want people to have an opportunity to have their day in court, without waiting the next three to six months for COVID-19 to pass.” The article is at https://www.law.com/texaslawyer/2020/03/18/lawyers-push-for-change-to-immigration-court-amid-covid-19-concerns/.

Mr. Kuck was interviewed by Global Atlanta in “Immigration Limbo: How Trump’s COVID-19 Bans and Border Measures Are Affecting Foreign Travelers, Workers.” The article is at https://www.globalatlanta.com/immigration-limbo-how-trumps-bans-and-border-restrictions-are-affecting-foreign-travelers-and-workers/.

Mr. Kuck has released a podcast in the #ImmigrationHour series. “The S. 386 Lee Betrayal” is at https://soundcloud.com/user-474250731/the-s386-lee-betrayal. Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) was quoted by Forbes in “Trump Immigration Official Entered Illegally.” He identified four additional USCIS policy changes that can potentially be challenged in light of Judge Moss’s ruling: (1) changes in residence requirements for transmitting U.S. citizenship to children living overseas, especially children of U.S. government employees overseas; (2) removing means-tested criteria to the fee waiver grounds, especially as they relate to naturalization applicants; (3) closing USCIS international offices; and (4) filing I-407s for abandonment at a designated USCIS office in Vermont rather than at a U.S. consulate. Mr. Mehta said he believes there may be additional policies that can be challenged. The article is at https://www.forbes.com/sites/stuartanderson/2020/03/02/trump-immigration-official-entered-illegally/#c6669951287b. Mr. Mehta has authored several new blog postings. “Immigration Attorneys on the Frontlines in the COVID-19 Crisis” is at http://blog.cyrusmehta.com/2020/03/immigration-attorneys-on-the-frontlines-in-the-covid-19-crisis.html. “How USCIS Can Remain True to Its Mission by Exercising Compassion During the COVID-19 Period” is at http://blog.cyrusmehta.com/2020/03/how-uscis-can-remain-true-to-its-mission-by-exercising-compassion-during-the-covid-19-period.html. “How Interpol Red Notices Allow Abusive Foreign Governments to Manipulate and Undermine the Integrity of Immigration Proceedings in the United States” is at .

Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) provided responses in “Expert Q&A: COVID-19 and Immigration,” published by Thomson Reuters Practical Law. The Q&A is at https://content.next.westlaw.com/w-024-5004?isplcus=true&transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1.

Mr. Paparelli was quoted by Bloomberg Law’s Daily Labor Report in “Immigration Attorneys Ask Agencies for No-Contact Solutions.” He said, “Our outdated system of immigration law was already as complex as a Rube Goldberg contraption. This is a complete sea change of challenges.” The article is at https://news.bloomberglaw.com/daily-labor-report/immigration-attorneys-ask-agencies-for-no-contact-solutions.

Mr. Paparelli was quoted by Law360 in “Visa Issues Abound as Firms, Consulates Close for COVID-19.” Mr. Paparelli noted that he had a client who managed to pick up an approved visa the day before the local consular office closed. Mr. Paparelli called on the government to postpone deadlines to extend people’s visa status until the agency can process requests, as it did in the wake of September 11, 2001, when the government automatically extended the legal status of people on temporary visas if they were affected by the terrorist attacks. “Strict compliance endangers lives,” he said. The article is at https://www.law360.com/articles/1253720/visa-issues-abound-as-firms-consulates-close-for-covid-19.

Rodrigo Tannus (bio: https://www.abil.com/lawyers/lawyers-tannus.cfm?c=CO) was recognized by Best Lawyers in Colombia in Corporate Immigration Law.

Wolfsdorf Rosenthal LLC has published several new blog postings. “Key Takeaways from USCIS’ Public Engagement on EB-5 Inventory Management” is at https://wolfsdorf.com/blog/2020/03/13/key-takeaways-from-uscis-public-engagement-on-eb-5-inventory-management/. “European Travel Ban” is at https://wolfsdorf.com/blog/2020/03/12/european-travel-ban-client-alert/.

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by The Real Deal in “Could a Pandemic Bring EB-5 Back to Life?” Commenting on a proposal to scale up the EB-5 program as part of a stimulus package for the U.S. economy. “Desperate times call for innovative solutions. This could be one way to jumpstart the economy,” Mr. Yale-Loehr said. The article is at https://therealdeal.com/2020/03/24/could-a-pandemic-bring-eb-5-back-to-life/.

Mr. Yale-Loehr was quoted by the New York Times in “Appeals Court Allows ‘Remain in Mexico’ Policy to Continue Blocking Migrants at the Border.” He said, “It is very likely that the Supreme Court will grant the administration’s request to halt the Ninth Circuit’s original decision to suspend the policy.” The article is at https://www.nytimes.com/2020/03/04/us/migrants-border-remain-in-mexico-mpp-court.html. Mr. Yale-Loehr was quoted by CNN in “Supreme Court Rules Against an Undocumented Immigrant Fighting State Prosecution.” Mr. Yale-Loehr said, “”What’s sauce for the goose is sauce for the gander,” noted Stephen Yale-Loehr, an immigration professor at Cornell Law School. “If the Supreme Court rules that the federal government no longer has sole responsibility for regulating immigration, lower courts may uphold pro-immigrant or sanctuary or noncooperation policies enacted by states and localities.” The article is at https://www.cnn.com/2020/03/03/politics/supreme-court-immigration-garcia-kansas-decision/index.html. Mr. Yale-Loehr was quoted by CNN in “Supreme Court to Consider Rights of Some Asylum Seekers.” He said the case discussed in the article is important because it “squarely raises constitutional issues. Here the Court must decide whether newly arrived immigrants have the same right to challenge their detention in federal court as U.S. citizens. Mr. Yale-Loehr noted that nearly half of all removals from the United States occur through expedited removal. “If the Court holds that the Constitution applies to arriving immigrants, the number of such deportations will surely decrease,” he said. The article is at https://www.cnn.com/2020/03/02/politics/supreme-court-rights-of-asylum-seekers/index.html.
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In this issue:

1. REMOTE WORKERS IN COLOMBIA: AN OVERVIEW – This article provides an overview of policies and procedures on remote workers in Colombia.

2. FRANCE – Twenty measures to “improve the immigration, asylum and integration policy” in France were presented by the government on November 6, 2019.

3. RUSSIA – This article provides an update on immigration-related developments in Russia.

4. UNITED KINGDOM – This article discusses Brexit-related practical tips for United Kingdom (UK) nationals traveling to the European Union (EU).

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 – December 2019

1. REMOTE WORKERS IN COLOMBIA: AN OVERVIEW

This article provides an overview of policies and procedures on remote workers in Colombia.

In Colombia, the immigration law stablishes that foreign individuals who work remotely and enter into a local agreement must apply for a visa, regardless of whether they enter Colombia physically.

Likewise and according to Decree 1067 of 2015, any natural or legal person who joins, employs, or admits a foreign individual through any modality, especially a labor, cooperative, or civil relationship that generates a profit, must demand a visa that allows the activity, occupation, or trade declared in the visa application.

Moreover, all foreigners who provide any type of service through local contracts must be registered in the platforms of Migration Colombia (SIRE) and the Ministry of Labor (RUTEC) to comply fully with the current immigration regulations. Additionally, they need to register their visas and issue the foreigners an ID card, which are processed in Colombia.

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2. FRANCE

Twenty measures to “improve the immigration, asylum and integration policy” in France were presented by the government on November 6, 2019.

At the end of the interministerial committee on immigration and integration on November 6, 2019, the Prime Minister presented 20 measures to “improve [the] policy of immigration, asylum and integration” in France. Those that could affect professional immigration are summarized here.

One announced objective is the creation of a new statistical tool intended to reliably assess the reality of shortages in the French labor market. This tool will make it possible to define, each year, sector by sector, and in a territorialized way, a quantitative and qualitative assessment of skills needs. These quotas will be debated in Parliament and the list of skills in shortage will be revised annually. The inclusion of a job on this list waives job market tests when applying for a work permit.

The current list has not been updated since 2008, and the Organisation for Economic Co-operation and Development estimates that today only 15% of skills listed there are truly in shortage.

It is also planned for “these quotas [to be] notified to the consular and prefectural authorities, to guide the visas and residence permits issuance policy.”

Simplification of Procedures

A simplification of the work permit issuance procedures has been announced, notably with the implementation in the summer of 2020 of a fast-track procedure for companies “enjoying recognition of the State under criteria related to their sector of activity and their organization (some companies justify a recurrent need for international mobility) and of course their practices respectful of labor law.”

Talent Passport and French Tech visa categories are also mentioned as “potentially subject to improvement and simplification.”

Dematerialization

The dematerialization of applications for “talent passports” and work permits is expected by early 2021.

There will be an improvement in the reception of applicants in Prefectures, with the implementation in a few months of “the first steps of a new service of online filing of residence permit applications.” The government press release states that “recourse to the temporary residence document called récépissé will no longer be necessary in almost all situations; convocations in prefecture will be fewer and processing time will be reduced.”

Deployment of this service will start with “student” residence permits in spring 2020, to become widespread by 2022.

Reduction of Taxes on Residence Permits

A proposition was made to adopt an amendment introducing a single basic fee, reduced from € 250 to € 200.

French Language Level for Naturalization

It is contemplated to raise the level of French language requirements for access to French nationality, from the current oral B1 level to the oral and written B1 level.

Details: https://www.karlwaheed.fr/wp-content/uploads/2019/11/Government-announcement-on-immigration_141119.pdf

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3. RUSSIA

This article provides an update on immigration-related developments in Russia.

New Regional Programs for Relocation of Compatriots Living Abroad

On November 12, 2019, Russian President Vladimir Putin signed an Order amending the government program of relocation of compatriots living abroad.

Starting January 1, 2020, Moscow, Moscow Region, Saint-Petersburg, and Sevastopol will have the right to develop their own local relocation programs provided there is a need for immigrants and conditions for settling them.

House Workers From Visa Countries—Order of the Ministry of Labor

Effective November 22, 2019, the Ministry of Labor is allowing individuals to apply for quotas for engaging foreign labor. Now, having received a quota for foreign labor, individuals will be able to employ foreign workers from visa countries as house workers, such as babysitters, tutors, house assistants, drivers, gardeners, and cooks.

It is not entirely clear if this attempt to legalize this part of the labor market will be successful. It is suggested that to receive a quota and then a work permit for a foreign national, individuals will have to undergo the same procedures as companies when they engage foreign labor on the basis of quota and corporate work permission.

Tajikistan: Agreement on Organized Recruitment of Tajikistan Citizens for Work in Russia is Filed for Ratification by the State Duma

The Russian government has signed an agreement with the government of Tajikistan on organized recruitment of citizens of Tajikistan for temporary work in Russia. The agreement was filed for ratification by the Russian State Duma. Once the ratification procedure is completed, the agreement will come into force and be applied.

Russian Citizenship—Regulations on Review of Citizenship Applications Has Been Approved

On November 23, 2019, regulations on the review of citizenship issues by the Ministry of Internal Affairs and its regional offices came into force.

The renewal of these regulations seems to be an expected and logical step because, until now, authorities used the old regulations, which were not reviewed since the citizenship issues were transferred back to the Ministry of Internal Affairs from the Federal Migration Service office. This year has seen many amendments of legislation governing the procedures for acquiring citizenship.

Thus, the regulations describe actions of Ministry of Internal Affairs officials while reviewing citizenship applications, applications for renunciation of citizenship, applications for citizenship filed in simplified procedures, and restoration of citizenship. The regulations also contain new forms of documents used by Ministry of Internal Affairs officials, although application forms, as well as lists of documents, which applicants file to the Ministry of Internal Affairs are still approved by Presidential Order 14.11.2002 N 1325, “Regulations on the procedure for review of citizenship applications” (with amendments).

Antigua and Barbuda: Agreement on Visa-Free Travel Came Into Force

On October 22, 2019, an agreement between the government of the Russian Federation and the government of Antigua and Barbuda on visa-free travel came into force.

In accordance with the agreement, citizens of both countries will be able to enter the territory of the other country and stay there up to 90 calendar days without a visa. The allowed period of stay should not exceed 90 days out of each 180 days, starting on the date of first entry.

If citizens of either country intend to stay longer than 90 days and/or perform labor or commercial activities, they must apply for the appropriate visa according to the legislation of the respective country.

Address Registration—New Regulations

On October, 28 2019, new regulations came into force that outline the rules for address registration for foreign citizens and stateless persons, as well as new notification forms:

• Notification form for a foreign citizen registering at their place of residence
• Notification form for a foreign citizen registering at their place of stay
• Form of stamp confirming registration of a foreign citizen at their place of stay
• Form of stamp confirming de-registration of a foreign citizen
• Form of stamp confirming the fact that the inviting party has completed the necessary actions to register the address of a foreign citizen

The new regulations contain details on the procedures for informing the public about the procedure itself, timelines, and lists of required documents necessary for submission by applicants.

Document submission options:

• In person to the responsible office of the Internal Affairs Ministry
• In person to the multi-functional government center
• Through Russian Post

Timelines:

• Registration—on the spot (provided all necessary documents are filed)
• De-registration—within 3 business days (of filing of all necessary documents)

Russian Citizenship—Bill Under Review

On October 21, 2019, the Russian government submitted to the State a bill providing for the following changes:

• Ukrainian and Belorussian citizens who speak Russian fluently will not have to pass an interview before the special commission, provided:
• They apply in person to the commission to be considered as Russian native speakers, and
• They themselves or their relatives or their direct ascending relatives permanently live or lived previously in the territory of the Russian Federation or in the territory of the former Russian Empire or USSR within the former borders of the Russian Federation
• Regulations governing the work of language commissions conducting interviews on the recognition of foreign citizens as Russian native speakers will be unified and approved at the federal level. In particular, unified criteria on language knowledge will be introduced, and rules on issuance, usage, and storage of control materials used by the language commissions will be specified, as well as requirements to the rules for security in relation to storage of personal information and regulations on the procedures for publishing of such data on the Internet. Such unified regulations will be issued by the Internal Affairs Ministry in close cooperation with the Ministry of Education.

Address Registration—Bill Under Review

On October 21, 2019, the Russian government submitted a bill to the State Duma that would:

• Give right to all foreign citizens who own property in Russia to register under the address of such property themselves as well as their family members (spouse, children (including adopted), children’s spouses, parents (including adoptive), parents’ spouses, grandparents, and grandchildren). At the moment only highly qualified specialists as well as foreign citizens who have permanent residence permits have such rights.
• The inviting party will be able to send an address registration notification through the government internet portal, Gosuslugi.ru. If a registration notification is sent through Gosuslugi, it will be considered submitted in e-form. When a notification is filed in e-form, after receiving confirmation of address registration completion in e-form, verified by the qualified e-signature of the responsible official, the inviting party will have to print out the confirmation and give it to the foreign citizen who was registered.
• Give equal rights in terms of address registration at the place of stay to foreign citizens who have temporary and permanent residence permits. Both categories of foreign citizens will have to register address within 7 business days from the date of arrival to the new address.
• In cases when a residence accommodation or other property, supplied to the foreign citizen as a place for stay, belongs as property to a:

1. Russian citizen;
2. Foreign citizen;
3. Foreign company; or
4. Foreign organization

who reside/have place of registration/business outside of Russia, the responsibilities of the inviting party will have to be performed by the representative of such owner (confirmed by a power of attorney).

Currently, there are a lot of problems with completion of address registration procedures for foreign citizens who signed a lease with Russian citizens and who permanently live abroad. Hopefully, with this amendment coming into force, this issue will go away.

Far Eastern Federal District (FEFD) and Free Port Vladivostok—Bill Under Review

For foreign citizens entering the Russian Federation with the purpose of conduct negotiations regarding signing of investment agreements with the residents of special innovative socio-economic development zones in FEFD and free port Vladivostok, the Russian government has prepared a bill that would:

• Extend the validity of the ordinary business visa—it will be issued as multiple entry and for a term of up to 1 year, and in the case of an investment agreement will be signed for a term of up to 3 years;
• Extend the validity of the ordinary work visa for up to 3 years for those who signed a labor agreement connected with execution of the investment project;
• Reduce the visa processing time at Russian consulates abroad to 5 days; and
• Introduce a new requirement for employers to notify the Internal Affairs Ministry not only about the dismissal of the foreign national, but also about termination of the investment agreement, for realization of which the foreign national has been invited (due to the fact that termination of the investment agreement will be the basis for shortening the foreigner’s period of stay).

This bill introduces a new category of foreign workers—workers of special innovative socio-economic development zones in FEFD and free port Vladivostok, who are hired in realization of an investment agreement.

Botswana—Agreement on Visa-Free Travel Came Into Force

On October 8, 2019, an agreement came into force between the governments of the Russian Federation and the Republic of Botswana on visa-free travel. According to the agreement, citizens of either country will be able to enter the other country and stay there for up to 30 days without a visa, the total limit of stay being 90 days out of each 180 days.

Citizens of both countries who intend to stay longer than 30 days and\or perform work activities, study, or permanently live, must apply for the appropriate visa according to the legislation of the country of entry.

Saudi Arabia—Memorandum on Simplification of Visa Requirements

On October 12, 2019, the Russian government approved the signing of a memorandum with the government of the Kingdom of Saudi Arabia on simplification of visa requirements for citizens of both countries. The memorandum provides for the introduction of the following types of visas for the citizens of both countries:

• Multiple tourist visas for up to 6 months
• Multiple private visas for up to 1 year
• Multiple business visas for up to 5 years
• Multiple humanitarian visas for up to 5 years

Stay limitations for all of the above-mentioned visa categories are 90 days out of each 180 days.

Visa processing at the consulates of both countries takes 1 to 3 business days.

The memorandum does not cover the following visa categories:

• Work
• Student
• Permanent stay
• Religious pilgrimage

Entry into force is within 60 days after the date of receipt of the last notification of completion of the in-country procedures necessary for the document coming into force.

Russian Citizenship via Simplified Procedure—Bill Under Review

The Russian government has approved a bill that shortens the processing time for citizenship applications filed via simplified procedure. Specifically, the bill provides for the amendment of the following procedures:

• Decisions on granting citizenship and on exit from Russian citizenship in relation to applicants residing in Russia, as well as participants of the State program for relocation of compatriots living abroad, as well as other applicants, filing for citizenship via simplified procedures—within 3 months (instead of 6 months);
• Decisions on granting citizenship and on exit from Russian citizenship in relation to applicants residing outside of Russia and filing for citizenship via simplified procedures—within 6 months;
• Reviewing of application for citizenship and decision on such application—within 3 months (instead of 6 months) from the date of filing.

Government Plans: No need to Renounce Foreign Citizenship to Acquire Russian Citizenship

According to the Ministry for Economic Development initiative, approved by the Russian government, the government plans to give the right to foreign citizens to acquire Russian citizenship without having to renounce citizenship they have.

Currently, there are several exceptions to this requirement:

• Agreement between Russia and a foreign country
• Law of the foreign country that a person cannot renounce citizenship of this country
• Several categories of foreign citizens applying for Russian citizenship via simplified procedure

This initiative is under discussion.

Additional Immunization Campaign Against Measles

Under an Order signed in March 2019 by the Chief State Sanitary Doctor, employers engaging foreign labor until December 31, 2019, must make sure that all foreign citizens they employ are immunized against measles or had this infection in the past or were previously immunized in a proper manner.

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4. UNITED KINGDOM

This article discusses Brexit-related practical tips for United Kingdom (UK) nationals traveling to the European Union (EU).

The issues that UK national employees who travel to the EU as business visitors after a no-deal outcome will need to consider are:

• Check passport validity and if necessary renew: UK nationals will be treated as third-country (non-EU) nationals and will need to have a minimum of 6 months’ validity left on their passport from the date of arrival in Schengen countries in order to be permitted entry.
• Be aware of the maximum amount of time allowed in the Schengen area: UK nationals traveling for business (meetings, attending conferences) would not need a visa for short stays in the Schengen area but should be mindful that they will only be allowed to stay for up to 90 days in any 180-day period.
• Keep track of days in the Schengen area for frequent travelers: Permitted time in the Schengen area from after the date of exit can be worked out using a calculator, such as https://ec.europa.eu/assets/home/visa-calculator/calculator.htm?lang=en. While intended to be used by non-EU nationals, it should be applicable to UK nationals in the event of no deal.
• Check whether the employee’s proposed business activity is permitted: What business visitors are allowed to do can vary across the EU countries, so care should be taken to follow the relevant local rules. In some cases, work permits may be required.
• Expect greater delays when traveling: UK nationals would not have an ongoing right to use the separate lanes provided for EU nationals.
• Carry additional documents: When traveling to the EU, UK nationals may be asked to confirm they have:
  • Sufficient funds available for the duration of their stay
  • A return or onward ticket
  • Proof of accommodation
  • Health insurance

HR teams should communicate these key tips to their staff. See https://www.kingsleynapley.co.uk/insights/news/uk-nationals-going-to-the-eu-for-business-travel-in-the-event-of-no-deal.

A one-page guide for EU citizens in the UK is at . A one-page guide for UK citizens in the EU is at .

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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, LLP, welcomed its newest Associate attorney, Jordan J. Gonzalez, to its team. Jordan Gonzalez provides exceptional immigration law services to a diverse set of corporate and individual clients. Prior to joining Klasko Immigration Law Partners, Jordan practiced at a boutique immigration law firm that provided legal advice to corporate clients, including applications for H-2A/B, H-1B, TN, L-1, O-1, J-1, labor certifications, multinational manager and executive immigrant petitions, and national interest waivers, as well as I-9 and LCA compliance. The full press release is at http://www.visalaw.com/wp-content/uploads/2019.11-Press-Release-KILP-Welcomes-New-Associate-Jordan-J.-Gonzalez-4812-7054-1739-v.1.pdf.H. Ronald Klasko (bio: https://www.abil.com/lawyers/lawyers-klasko.cfm) was named to the Philadelphia Business Journal’s third annual Best of the Bar top lawyers list.William Stock (bio: https://www.abil.com/lawyers/lawyers-stock.cfm?c=US), of Klasko Immigration Law Partners, LLP,  was quoted by The Miami Herald in “To Get a Visa or Green Card You Need the Right Lawyer. Here Are Ways to Keep the Cost Down.” Mr. Stock listed questions an immigrant should ask an immigration attorney before deciding whether to hire him or her. “First and foremost, an individual has to feel comfortable with the lawyer and with the relationship you are going to have with the lawyer, because you are going to trust and rely on this person. It’s very important for people to understand they are hiring the lawyer, the lawyer works for them, they are the boss, and if they are not happy with the service, they should tell the lawyer, and they are entitled to work with the lawyer.” The article is at https://amp.miamiherald.com/news/local/immigration/article235303862.html. Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm?c=US) posted the latest edition of The Immigration Hour podcast. This week’s edition discusses the importance of the DACA program and features an interview with a DACA recipient who shares how her life has changed as a result of the program. The full podcast is at https://soundcloud.com/user-474250731/what-daca-means-to-america.Mr. Kuck was quoted by Law360 in “Dems’ Fix For Green Card Backlog May Mean No Fix At All.” Mr. Kuck provided his critical opinion on the proposed S. 2603 Relief Act Bill: “It has engendered a lot of disagreement within the bar, and that is unusual, but it shows you one of the reasons that 386 is bad. Basically, you’re robbing Peter to pay Paul.” The article is at https://www.law360.com/articles/1210277/dems-fix-for-green-card-backlog-may-mean-no-fix-at-all. Robert F. Loughran (bio: https://www.abil.com/lawyers/lawyers-loughran.cfm) recently presented U.S. employment-based immigration considerations and strategies to a group of investors and entrepreneurs from Mexico at a seminar hosted by the San Antonio Economic Development Foundation.Mr. Loughran was interviewed for an article,“Renouncing U.S. Citizenship: A Comprehensive Guide,” in the November 2019 edition of Sovereign Man’s premium publication, “SovereignMan: Confidential.”

Marco Mazzeschi (bio: https://www.abil.com/lawyers/lawyers-mazzeschi.cfm?c=IT) and Yuu Shibata contributed a chapter to The Charter and the Court of Justice of the European Union: Notable Cases from 2016-2018, published by Wolf Legal Publishers. Their chapter is entitled, “X and X v État Belge: a Dead End for a Humanitarian Visa in the EU?” The book contains annotated judgments of the Court of Justice of the European Union from the period 2016-2018, with comments on landmark cases in which the Charter of Fundamental Rights of the European Union was central to the dictum of the Court of Justice of the European Union. See https://www.mazzeschi.it/news/mazzeschi-contributes-to-《the-charter-and-court-of-justice-of-the-european-union》/.

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) has authored a new blog entry. “How the Founding Values of Two Great Nations—United States and India—Can Get Hollowed Out Through Tweaks in their Immigration Laws” is at http://blog.cyrusmehta.com/2019/12/how-the-founding-values-of-two-great-nations-united-states-and-india-can-get-hollowed-out-through-tweaks-in-their-immigration-laws.html?fbclid=IwAR3_NKCBhy9HGMQJohxzu9eNKZW5HUdBmO7PfWJ8aNUCrHclpPU4dSNGgHo.

Mr. Mehta was quoted by The Times of India in “Uncertainty Rises for Spouses of H-1B Visa Holders.” Mr. Mehta stated, “The Court of Appeals’ order has given Save Jobs USA the standing to challenge the EAD rule. The decision does not impact the H-4 EAD rule.” The full article is at https://m.timesofindia.com/india/job-uncertainty-rises-for-spouses-of-h-1b-visa-holders/amp_articleshow/71999514.cms.Mr. Mehta was quoted by IndiaWest in “In Long-Awaited Decision, DC Circuit Court Finds American Workers Unfairly Impacted by H-4 Work Authorization.” Mr. Mehta tweeted, “It’s a rather crude way of affirming plaintiffs standing by a circuit court – if you allow H-4s to work, more H-1Bs will stay and thus compete with American workers.” The full article is at https://www.indiawest.com/news/global_indian/in-long-awaited-decision-dc-circuit-court-finds-american-workers/article_b958fea2-0583-11ea-9afc-c7aab4df221f.html?utm_medium=social&utm_source=twitter&utm_campaign=user-share.Mr. Mehta has authored several new blog posts. “Filing an EB-1 as a Multinational Manager After the Approval of an EB-2 for a Backlogged Indian Beneficiary” is at http://blog.cyrusmehta.com/2019/11/filing-an-eb-1-as-a-multinational-manager-after-the-approval-of-an-eb-2-for-a-backlogged-indian-beneficiary.html. “Court Shoots Down Embarrassing Leaps by USCIS to Justify an H-1B Denial” is at http://blog.cyrusmehta.com/2019/11/court-shoots-down-embarrassing-leaps-by-uscis-to-justify-an-h-1b-denial.html. “Supreme Court Agrees to Hear Constitutionality of Smuggling Statute That Could Impact Immigration Lawyers” is at http://blog.cyrusmehta.com/2019/10/supreme-court-agrees-to-hear-constitutionality-of-smuggling-statute-that-could-impact-immigration-lawyers.html. “Denial of H-1B Cases: The Occupational Outlook Handbook is Not the Holy Grail” is at http://blog.cyrusmehta.com/2019/10/denial-of-h-1b-cases-the-occupational-outlook-handbook-is-not-the-holy-grail.html. Mr. Mehta was quoted by Law360 in “Dems’ Fix For Green Card Backlog May Mean No Fix At All.” Mr. Mehta acknowledged that while the bill is “obviously not perfect,” he views S. 2603 as a better alternative to nothing, “[if] we can get something now, take it, and then keep on fighting.” The article is at https://www.law360.com/articles/1210277/dems-fix-for-green-card-backlog-may-mean-no-fix-at-all. David Isaacson, of Cyrus D. Mehta & Partners PLLC, authored a new blog post, “Residence in the Twilight Zone: Are USCIS and the State Department Trying to Encourage Some U.S. Citizen Parents to Get Divorced?” The blog post is at http://blog.cyrusmehta.com/2019/10/residence-in-the-twilight-zone-are-uscis-and-the-state-department-trying-to-encourage-some-u-s-citizen-parents-to-get-divorced.html.

Cora-Ann Pestaina, of Cyrus D. Mehta & Partners PLLC, has authored a new blog post. “Court Shoots Down Embarrassing Leaps By USCIS to Justify an H-1B Denial” is at http://blog.cyrusmehta.com/2019/11/court-shoots-down-embarrassing-leaps-by-uscis-to-justify-an-h-1b-denial.html.

Greg Siskind, of Siskind Susser PC, was quoted by Bloomberg Law in “Immigration Not Top Priority for Scalia at Labor Department.” Mr. Siskind provided his perspective on the recently appointed head of the Department of Labor, Eugene Scalia, stating, “He’s been a labor lawyer for large companies, exactly the kind of guy you’d want to get in there.” The article is at https://news.bloomberglaw.com/daily-labor-report/immigration-not-top-priority-for-scalia-at-labor-department.

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted in recent media:

·         Univision (in Spanish), “Corte falla a favor de nueva regla de carga pública, pero seguirá en suspenso por demandas pendientes”: Mr. Yale-Loehr said [translated] that if a new public charge rule, which is the subject of pending lawsuits, takes effect, it “will dramatically increase the number of immigrants who may be considered ineligible for the green card depending on the use of certain government services, household income and other criteria. Under current policy, foreign citizens who use non-monetary benefits such as the Supplemental Nutrition Assistance Program and Medicaid were not considered public charges. But the new rule changes the concept to include those and other non-monetary benefit programs.” The article is at https://www.univision.com/noticias/inmigracion/corte-falla-a-favor-de-nueva-regla-de-carga-publica-pero-seguira-en-suspenso-por-demandas-pendientes. ·         Davis Enterprise, “Union petitions UC to support Iranian students”: Commenting on Iranian students being prevented from boarding flights, Mr. Yale-Loehr said, “I can only speculate that the reason may have more to do with the deteriorating state of U.S.-Iran relations than with anything in the students’ backgrounds.” The article is at https://www.davisenterprise.com/local-news/union-petitions-uc-to-support-iranian-students/. ·         Truthout, “Trump Has Built a Bureaucratic Wall to Keep Out Immigrants He Says He Wants”: “They’re claiming that they want to go toward merit-based immigration, but it doesn’t seem that they’re actually trying to welcome more high-skilled foreign nationals to work in the United States. We see an assault on legal immigration just as vociferously as we’ve seen the assault on illegal immigration. It’s really Make America White Again.” The article is at https://truthout.org/articles/trump-has-built-a-bureaucratic-wall-to-keep-out-immigrants-he-says-he-wants/.

Mr. Yale-Loehr was quoted by The Cornell Chronicle in “Aided by Cornell Legal Clinic, Ghana Native Rebuilding Life in US.” Mr. Yale Loehr stated, “It’s a stacked deck against an asylum seeker, particularly if they don’t have an attorney to represent them. We’re glad that our clinic here at Cornell Law School can represent at least a few people each year, but it’s like putting your finger in a dike.” The full article is at http://news.cornell.edu/stories/2019/11/aided-cornell-legal-clinic-ghana-native-rebuilding-life-us.

Mr. Yale-Loehr was quoted by The East Bay Times in “Green Cards: Company in $50 Million Settlement Promises to Pay Back Would-Be Immigrant Investors, But Some Remain Unsatisfied.” Mr. Yale Loehr stated that while many of the 10,000 EB-5 visas go to family members of investors, thousands of investors provide a minimum of $500,000 to help U.S. companies. “That’s a lot of money that helps, or at least can help, stimulate the U.S. economy and create jobs for U.S. workers, but it is complex and it has to be done well.” The full article is at https://www.eastbaytimes.com/2019/11/08/green-cards-company-in-50-million-settlement-promises-to-pay-back-investors-but-some-remain-unsatisfied/.

Mr. Yale-Loehr was quoted by The Houston Chronicle in “Trump’s Decision to End DACA Faces Supreme Court Scrutiny.” Mr. Yale-Loehr provided his perspective on how he foresees the Supreme Court vote resulting in a 5-4 decision with Justice Roberts as the swing vote. “The Supreme Court has traditionally given the president wide latitude on immigration policy decisions, but they could try to avoid the thorny constitutional issues by ruling on narrower statutory grounds.” The full article is at https://www.houstonchronicle.com/news/houston-texas/houston/article/Trump-s-decision-to-end-DACA-faces-Supreme-14827072.php.

Mr. Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by The New York Times in “Trump Will Deny Immigrant Visas to Those Who Can’t Pay for Health Care.”Mr. Yale-Loehr commented on the ramifications of the Trump administration’s executive order denying visas to individuals without healthcare: “Thousands of people annually would be denied green cards if the executive order takes effect. President Trump has failed to build a physical wall along the U.S.-Mexico border to deter illegal immigrants, but he has effectively built an invisible wall to keep out legal immigrants.” The article is at https://www.nytimes.com/2019/10/04/us/immigrant-visas-health-care.html.

Mr. Yale-Loehr was quoted by The New York Times in “Judges Strike Several Blows to Trump Immigration Policies.”Mr. Yale-Loehr stated in the article, “The court rulings today represent at least a temporary setback in the Trump administration’s attacks on both legal and illegal immigrants. Ultimately, I predict these issues will go all the way to the Supreme Court.” The full article is at https://www.nytimes.com/2019/10/11/us/immigration-public-charge-injunction.html.

Mr. Yale-Loehr was quoted by The Guardian in “Iranian Students Barred From U.S.: Lost Money, Broken Dreams, No Answers.”Mr. Yale-Loehr put forth his thoughts on the possible political motivation for the barring of the Iranian-born students: “I can only speculate that the reason may have more to do with the deteriorating state of U.S.-Iran relations than with anything in the students’ backgrounds.” The full article is at https://www.theguardian.com/us-news/2019/oct/14/iranian-students-barred-from-us-lost-money-broken-dreams-no-answers.

Mr. Yale-Loehr was quoted by CNN in “Supreme Court Wrestles With Immigration-Related Case as Sotomayor Breaks the New 2-Minute Rule.”Mr. Yale-Loehr argued that a ruling in favor of immigration control in Kansas could provide precedent to other states to follow suit: “What’s sauce for the goose is sauce for the gander. If the Supreme Court rules that [the] federal government no longer [has] sole responsibility for regulating immigration, lower courts may uphold pro-immigrant or sanctuary or non-cooperation polices enacted by states and localities.” The article is at https://www.cnn.com/2019/10/16/politics/supreme-court-immigration-sotomayor/index.html.

Mr. Yale-Loehr was quoted by Univision in “Es ‘una desviación innecesaria’: juez federal bloquea la entrada en vigor de nueva regla de carga pública.” The full article is at https://www.univision.com/noticias/inmigracion/es-una-desviacion-innecesaria-juez-federal-bloquea-la-entrada-en-vigor-de-nueva-regla-de-carga-publica.

Mr. Yale-Loehr was quoted by The Real Deal in “EB-5 Investors Rush In Ahead of Looming Rules Change.”Mr. Yale-Loehr stated that most of the existing EB-5 investments nationwide are at the $500,000 level. But after next month’s deadline, fewer than half of all EB-5 projects will be allowed at that threshold. The full article is at https://therealdeal.com/national/2019/10/21/eb-5-investors-rush-in-ahead-of-looming-rules-change/.

Mr. Yale-Loehr was quoted by Univision in an article about the increasing number of deportations. He said, “While the government certainly has the right to deport people with legitimate orders of final deportation, many of those orders may be subject to challenge. Immigrants have rights.” The full article is at https://www.univision.com/noticias/inmigracion/una-orden-de-deportacion-no-significa-que-las-opciones-se-acabaron-te-explicamos-por-que.

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Headlines:

1. REMOTE WORK IN COLOMBIA: AN OVERVIEW -This article provides an overview of remote work policies and practices in Colombia.

2. CANADA -The Entry/Exit Program is a significant development that has been many years in the making.

3. COLOMBIA -There have been several developments.

4. ITALY -The working holiday visa will soon be available bilaterally between Italy and Hong Kong.

5. RUSSIA -There have been a variety of developments.

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

7. ABIL Member / Firm News -ABIL Member / Firm News

Details:

1. REMOTE WORK IN COLOMBIA: AN OVERVIEW

This article provides an overview of remote work policies and practices in Colombia.

In Colombia, the immigration law establishes that those foreign individuals who work remotely and enter into a local agreement must apply for a visa whether or not they enter Colombia.

Likewise, and according to Decree 1067 of 2015, any natural or legal person who joins, employs, or admits a foreign individual through any modality, especially a labor, cooperative, or civil relationship that generates a profit, must require a visa that allows the activity, occupation, or trade declared in the visa application. Moreover, all foreigners who provide any type of service through local contracts must be registered in the platforms of Migration Colombia (SIRE) and the Ministry of Labor (RUTEC) to comply fully with the current immigration regulations. Additionally, they need to register their visas and be issued the foreigners’ ID card, which must be processed in Colombia.

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2. CANADA

The Entry/Exit Program is a significant development that has been many years in the making.

Part of the Beyond the Border Action Plan, the Entry/Exit Program is a joint Canada-U.S. initiative that establishes a coordinated entry/exit information system to facilitate the exchange of traveler biographic information (such as name and date of birth). Collected upon entry at the common land border between the two countries, a record of entry into one country is now considered a record of exit from the other. In addition to the exchange of this data with the United States at land borders, the Canada Border Services Agency (CBSA) will collect exit data on all travelers leaving by air. Air carriers will begin sharing their data in 2020 and 2021. Consequently, overstay indicators will not begin appearing within the entry/exit search results for temporary residents who have overstayed their allowable time in Canada until the air carrier information is shared.

Details: http://www.cilf.ca/2019/07/22/exit-entry/

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3. COLOMBIA

There have been several developments

Present and Future of the Mercosur Visa

Colombia, as of 2004, became an Associated State of the Southern Common Market (MERCOSUR), which has not only dealt with trade matters but has also come to regulate the mobility of people in the region. A clear example of this is the Mercosur visa, which is granted by the mutual reciprocity principle, and which seeks to authorize nationals of the countries that are part of the agreement to transit through these countries and, among others, to develop tourism and business activities.

Details: http://www.tannus.co/en/present-and-future-of-the-mercosur-visa/

The Practice of Regulated Professions by Foreign Workers

In Colombia, it is common for human resources (HR) departments to handle the employment of foreign workers. This is why it has become indispensable for HR staff to know the requirements for such workers to be legally employed, not only from the perspective of labor and social security, but also with respect to migration. Under the immigration regulations, the following, among others, must be taken into account: the visa, the registration of the visa, the foreigner ID card, notifications in SIRE and RUTEC, and permits to perform regulated professions.

Details: See http://www.tannus.co/en/the-practice-of-regulated-professions-by-foreign-workers/

Start of PEP Renewal

Migration Colombia has begun the process of renewing Special Permits for Permanence (PEP) that are about to expire for those Venezuelan nationals who are in the national territory.

Details: See http://www.tannus.co/en/start-of-pep-renewal/

Migration Flexibility for Venezuelans

The exodus of Venezuelan nationals to Colombia and the world continues, motivated by the unfortunate situation of the neighboring country, which is still going on and does not seem to have a short-term solution. For this reason, the flow of migrants is increasing, especially to South American countries, and therefore some nations have decided to modify their immigration laws. Countries such as Peru and Chile have tightened their controls and recently decided to request visas for all Venezuelans. On the contrary, Colombia continues to ease requirements and grant benefits for the entry and stay of these migrants.

Details: See http://www.tannus.co/en/migration-flexibility-venezuelans/

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4. ITALY

The working holiday visa will soon be available bilaterally between Italy and Hong Kong.

On July 5, 2019, Italy and Hong Kong signed an agreement to mark the establishment of a bilateral Working Holiday Scheme (WHS).

Under the WHS between Hong Kong and Italy, youths aged between 18 and 30 years from each country may apply for a visa that will allow them to stay in the other country for up to 12 months. During that period, they may work to finance their stay or study short-term courses. The annual quota from each side will be 500.

The agreement was signed by the Secretary for Labour and Welfare of the Government of the Hong Kong Special Administrative Region (HKSAR), Dr. Law Chi-kwong, and the Under Secretary of State, Ministry of Foreign Affairs and International Cooperation of the Government of the Italian Republic, Manlio Di Stefano, at the Central Government Offices, Tamar.

Details: Visa application procedures for applicants from Hong Kong will soon be available on the website of the Consulate General of Italy in Hong Kong at https://conshongkong.esteri.it/consolato_hongkong/en/

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5. RUSSIA

There have been a variety of developments:

Russian Government Approves Agreement With Republic of Croatia

The Russian government has approved an agreement with the Republic of Croatia, which amends a previously signed agreement on citizens of one country visiting the other. According to the agreement, the citizens of one country will be able to visit the other country without a visa for 90 days out of every 180 days, provided they have a valid identity document. The agreement is under discussion between the two countries.

Quota for Engaging Foreign Labor Slightly Increased

The Ministry of Labor and Social Development has slightly increased the quota for engaging foreign labor this year. The increase was made in all Russian regions, although it was not large, at 6 to 10 percent on average.

Updated High-Migration Risk Countries List

The high-migration risk countries list has been updated. Inclusion of a country on the list means that documents filed for the work permits, visas, invitations, and other purposes for citizens of these countries will be additionally reviewed by government officials, which will almost always result in delays in processing as well as denials of applications and/or the necessity to undergo additional administrative procedures; for example, a general manager of the inviting company may be required to be interviewed.

E-Visas to be Introduced Starting January 2021

Russian President Vladimir Putin has ordered the Prime Minister and heads of several responsible government agencies (Foreign Affairs Ministry, Internal Affairs Ministry, and Federal Security Service) to introduce a unified e-visa for foreign citizens to enter Russia starting January 1, 2021.

This will be a short-term visa (up to 16 days) and will combine several possible purposes of entry: tourist, business, humanitarian, and guest. A visa fee will be levied.

The unified e-visa will be issued for those visiting all territories of the Russian Federation (with the exception of special zones, organizations, and places where foreign nationals need special permission to enter).

Foreign Citizens Now May Enter Kaliningrad Region Using Electronic Visas

As of July 1, 2019, foreign citizens of certain countries can apply for an electronic visa to enter the Special Economic Zone in the Kaliningrad region.

Entry using electronic visas is allowed only through certain border control posts:

• Air border control post in Kaliningrad (Hrabrovo);
• Sea border control post in Kaliningrad: Kaliningrad, Baltiysk, Svetliy;
• Road border control posts in Bagrationovsk, Gusev, Mamonovo, (Gzhehotki), Mamonovo (Gronovo), Morskoye, Pogranichniy, Sovetsk, and Chernyshevskoye;
• Rail border control posts in Mamonovo and Sovetsk.

Also, the International Affairs Ministry was expected to update the website where foreign nationals can submit applications for electronic visas. It is possible to file documents for an electronic visa through https://evisa.kdmid.ru/ru-RU.

Electronic visas have been issued in Russia since August 1, 2017. On the basis of such visas, it is already possible to visit the Primorskiy Region, Kamchatka, and Sakhalin. According to International Affairs Ministry data, more than 37,500 people from 18 countries have visited Russia since the introduction of the procedure.

At the moment, according to the information from the International Affairs Ministry’s Consular Department, citizens of designated countries can apply for electronic visas (entry should be made through the specified border control posts. A list of such posts is published on the Consular Department webpage at https://evisa.kdmid.ru/ru-RU).

For the application, the electronic visa applicant does not need an invitation letter, and a personal appearance at the consulate is not required. This visa is issued free of charge. The average waiting time is 20 minutes. To apply for an electronic visa, it is necessary only to visit the International Affairs Ministry Consular Department website, complete the application form with passport data, and attach a photo.

Electronic visas are issued only for short-term visits. Such visas are only issued for 30 calendar days, starting from the issuance date. The allowed stay is up to 8 days only within the validity period. The validity period or the allowed stay cannot be extended.

Bill Simplifying Regime of Stay for Foreign Citizens Who Work in Cultural Pursuits Filed to Federation Council

The bill introduces the following:

1. Issuance of ordinary business visas up to 30 days to foreign citizens who are entering Russia for not more than 30 calendar days for participation in performances (organization of performances and/or events on the basis of civil agreements for an agreed fee or free of charge) during which such foreign citizens perform literary works, art, or folk art, or are entering Russia on the invitation of government cultural institutions to participate in art, educational, scientific, or pedagogical work.

This category of foreign citizens does not require a work permit, work visa, or patent, and the inviting party does not require permission for engaging foreign labor.

2. Issuance of ordinary business visas up to 1 year, and in case of reciprocity up to 5 years, to foreign citizens who are entering Russia to perform scientific research or teach upon the invitation of scientific and higher education organizations (with the exception of religious education organizations) for higher education programs that have government accreditation.

Bill Simplifying TRP (Temporary Residence Permit) and PRP (Permanent Residence Permit) Procedures for Certain Categories of Foreign Nationals is Under Review

The State Duma is reviewing a bill to simplify procedures for certain categories of foreign nationals applying for TRP and PRP in Russia.

As in the previous versions of the bill, the following is suggested:

• The possibility for Ukrainian nationals to apply for TRP without the need to first receive a quota for the TRP application filing, provided they are refugees;
• Documents for TRP processed within 4 months instead of 6 months;
• The possibility for a foreign national to apply for annulment of the TRP;
• Specific comment that TRP or PRP will be annulled in case the foreign national spends more than 6 months in a calendar year (in total) outside of Russia;
• Several categories of foreign nationals to have the ability to file PRP applications without the need to apply for the TRP first: foreign citizens who were born in RSFSR, who are native speakers of the Russian language, who have relatives or spouses permanently living in Russia, who were deported from Crimea, and qualified foreigners as well as HQS (highly qualified specialists);
• PRP to have unlimited validity (except for PRPs issued to qualified specialists and HQS, who will receive PRP for 3 years).

Chinese Border Control Officers Checking Contents of Smart Phones of Russian Citizens Who Enter China

It has been reported recently that Chinese authorities are checking the contents of smart phones belonging to Russian citizens crossing the China-Russia border in Guangzhou. In particular, popular messenger apps, email, and photos were checked. Checks were explained as an attempt to find those having compromising information, although there are no details on what information can be considered compromising, other than noncompliance with immigration laws. At the same time, Russian citizens have been detained who tried to enter China on the basis of business visas with the real aim of performing work activities in China.

Based on the principle of reciprocity, the Russian government may unofficially introduce the same kinds of checks.

Maldives: Agreement on Visa-Free Entry Has Come Into Force

Effective July 25, 2019, an agreement with the Government of Maldives on visa-free entry has come into force.

According to the agreement, citizens of either country may enter the other country and stay for up to 90 days. The total limit of stay will be determined by legislation of each country.

If the citizens of one country wish to stay longer in the territory of the other country or to perform work, study, or obtain permanent residence, they must apply for the appropriate visa from the authorities of the country where they wish to stay.

Andorra: Government Approves Agreement Providing for a Visa-Free Regime

Russia now has an agreement with the Government of Andorra to introduce a visa-free regime between the countries. According to the agreement, citizens of either country will be able to enter the other country and stay for up to 90 days out of every 365 days, starting from the first entry.

If the citizens of one country wish to stay longer in the territory of the other country or to perform work or commercial activities, they must apply for the appropriate visa from the authorities of the country where they wish to stay.

Botswana: Government Approves Agreement Providing for a Visa-Free Regime

Russia now has an agreement with the Government of Botswana to introduce a visa-free regime between the countries. According to the agreement, citizens of either country will be able to enter the other country and stay for up to 30 days, the total limit of stay being 90 days out of every 180 days.

If the citizens of one country wish to stay longer in the territory of the other country or to perform work, study, or obtain permanent residence, they will be required to apply for the appropriate visa from the authorities of the country where they wish to stay.

China: Government Approves Agreement Providing for a Visa-Free Regime for Tourist Groups

Russia has approved an agreement with the Government of China to introduce a visa-free regime between the countries for tourist groups.

According to the draft of the agreement, “tourist groups” are a group of citizens of the other country, from three up to 50 persons, headed by a representative of a tourist organization who enters with tourism purposes.

Members of the tourist group can travel only with the group, accompanied by the group leader (representative of the tourist organization) and according to a travel plan approved in advance (travel plan and other information about the trip must be confirmed by documentation).

The overall stay of foreign citizens in the territory of the receiving country cannot exceed 21 days.

Professional Mastership Championships

An organization approved by the Russian Government to represent Russia in the “Worldskills International Championship” will be able to hire foreign nationals without the need to receive corporate employment permission for the period of preparation and the events of the organization in the territory of Russia.

Foreign nationals will be able to work at championships in Russia without the need for a work permit or patent. Invitation letters to such foreigners will be issued irrespective of the allocated quota. The list of championships is determined by the Russian Government.

Visa Formalities Simplified for Artists and Scientists

According to a new law, a standard business visa valid for 30 days can be issued to foreign citizens who enter Russia for a period of not more than 30 days:

• For an artistic tour (organization of performances and/or events on the basis of civil agreements for an agreed fee or free of charge) during which such foreign citizens perform literary works, art, or folk art; or
• Upon invitation of government cultural institutions to participate in art, educational, scientific, or pedagogical work.

These categories of foreign nationals do not need to apply for a work permit or patent as well as a work visa.

Employers can engage such foreign citizens without applying for a corporate employment permit (Law: On the status of foreign citizens in Russia).

Year of Theatre: Visas for Guests are Free of Charge

The Russian Government has issued an order under which foreign participants and guests of events of the Year of Theatre 2019 can receive visas to Russia free of charge. Mass media participating in the events can also apply for Russian visas free of charge at Russian consulates abroad.

Applications for visas are filed by the Ministry of Culture and members of the Year of Theatre 2019 organization committee.

2019 Quota Amended

The Ministry of Labor and Social Development has again redistributed the quota for foreign labor for this year. Quotas have been insignificantly raised for almost all Russian regions, including Moscow.

Citizenship for Qualified Specialists

Qualified specialists soon will be able to apply for Russian citizenship after only one year of working in Russia, starting October 2019. These include foreign citizens and stateless persons who work in Russia as qualified specialists.

To be eligible a foreign citizen must work in a specific position (the list of occupations is approved by the Ministry of Labor and Social Development), and his or her employer must have made the necessary payments to the Russian Pension Fund.

The list is lengthy, including occupations such as midwife, veterinarian, doctor, laboratory assistant, psychiatrist, statistician, gas welder, chief project engineer, chief metallurgist, director of economics, various types of engineer, mathematician, nurse, medical laboratory technician, process pipeline installer, pharmacy laboratory specialist, locksmith, ship repairman, pharmacist, electrician, medical assistant, grinder, drilling technician, and others.

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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
  • New Data Show Increase in H-1B Denials and RFEs
  • ABIL Urges Administration to Change “Buy American and Hire American” Executive Order
  • ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy
  • ABIL Members Note Immigration Threats for Employers in 2018
• 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

Charles Foster, of Foster LLP, was featured along with some of the nation’s experts on immigration reform in the “Rational Middle Immigration Documentary Series, exploring how to solve the United States’ immigration challenges and remake the U.S. economy while protecting U.S. values, workers, and families. The first season is a collection of short films and is available by clicking .

Klasko Immigration Law Partners was named for the fourth year in a row to the 2019 Best Places to Work annual list published by the Philadelphia Business Journal.

William Stock, of Klasko Immigration Law Partners, LLP, was placed on Human Resource Executive Magazine’s and Lawdragon’s annual joint publication of the “best of” lawyer list for its 12^th year. In 2018, the firm’s managing partner, H. Ronald Klasko, was inducted into Lawdragon’s Hall of Fame. For more information, see Klasko Law Partners, LLP website, as well as Lawdragon.

Charles Kuck was quoted by the Atlanta Journal Constitution in “Georgia’s Immigration Court Judges Among Toughest in Nation for Asylum.” “I have never seen [immigration] courts as dire as these ones [in Georgia] in the context of granting asylum, which seem to be so far out of the mainstream, not just of other courts around the country but of the actual law itself of asylum,” he said.

Mr. Kuck was quoted by the Atlanta Journal Constitution in “New Details: ICE Detainee From Mexico Dies in South Georgia.” “It is unconscionable. It should be shut down,” Mr. Kuck said of the Stewart Detention Center.

Mr. Kuck recently discussed “the flawed logic of the new Expedited Removal reg, and 9 things we can do to protect ourselves from ICE over-enforcement! We also talk about the Padilla/Matter of M-S- ruling on asylum bonds.” See #TheImmigrationHour on Twitter.

Mr. Kuck was quoted by the New York Times in “What Happens After an ICE Raid? Explaining the Deportation Process.” Mr. Kuck noted that authorities in the past have used ruses to coax their targets into cooperating, like pretending to be looking for someone else.

Mr. Kuck has released a new podcast series, the Immigration Hour. The latest episode discusses the “raids” that did not occur, the economic impact of the current climate, the role of Ken Cuccinelli as new Director of USCIS, and the “new” anti-asylum regulations. The podcast is available at Stitcher.

Kuck Baxter Immigration LLC has opened a new office in Adel, Georgia, near the Irwin, Folkston, and Stewart Detention Centers, which hold more than 5,000 detained immigrants. The new office will be run by Elizabeth Matherne, who is the former Southern Poverty Law Center’s director for the Irwin Detention Project.

Robert Loughran presented “Update on Nonimmigrant Visa Processing at U.S. Consulates Abroad” on May 18, 2019, at the Federal Bar Association’s Immigration Law Conference in Austin, Texas.

Mr. Loughran presented “How Employment-Based Immigration Practice Has Evolved Under the Current Administration to Include Litigation” on June 13, 2019, at the State Bar of Texas Annual meeting in Austin.

David Isaacson, of Cyrus D. Mehta & Partners PLLC, has authored a new blog entry, “.”

Cyrus Mehta and Stephen Yale-Loehr were quoted by the Times of India in “As U.S. EB-5 Visas Become Expensive, Indian Applications Expected to Slump.” Mr. Yale-Loehr said, “The new EB-5 changes will affect investors from India in a variety of ways. First, I predict a surge of EB-5 petition filings until November 21. After that, I expect a sharp decline in EB-5 petitions, as fewer people will be able to satisfy the new minimum investment amount.” Mr. Mehta noted that many of the attractive projects that are designated in targeted employment areas in metropolitan areas may no longer receive such a designation after November 21, so the investment will go from $500,000 currently for such a project to $1.8 million. “Under the current RBI [Reserve Bank of India] guideline of only allowing $250,000 to be remitted out of India per financial year, the higher investment amounts will serve as a further disincentive. I predict that there will be a rush to file EB-5 applications before the rule change on November 21.

Cyrus Mehta has published a new blog entry, “Save Optional Practical Training for Foreign Students.”

Bettina Offer and Gabriele Mastmann, of Offer & Mastmann, and Gunther Mävers were nominated by Best Lawyers in Germany and Handelsblatt for immigration.

Angelo Paparelli was quoted by Law360 in “How Attorneys Can Brace for Rising EB-5 Compliance Checks.” Mr. Paparelli said that unannounced site visits can be unstructured, but a regional center should establish a formal procedure for communicating with officials from U.S. Citizenship and Immigration Services (USCIS) and take charge of the process. He said a designated representative from the center should ask officers to identify themselves, whether they have a judicial subpoena or warrant, and what specifically they are seeking. He said they should also engage counsel and suggest following up via email to provide requested documentation in an organized manner. A lawyer can then act as an intermediary to narrow the scope of the site visit, asking whether USCIS is interested in a particular investor or investment project, he noted. The article is available by registering at Law360.

Mr. Paparelli was profiled in the Los Angeles Daily Journal. The profile notes, among other things, that along with compliance audits, counsel and due diligence in mergers, acquisitions and corporate restructuring, Mr. Paparelli focuses on newly developed problems with sponsored worker immigration issues. “This is a time of historically unprecedented executive branch opposition to the legal, employment-based process for sponsorship of highly skilled noncitizens and intense immigration-related work site enforcement,” he said, noting that it is essential to maintain clients’ confidentiality due to fears of government retaliation. The article is available by subscription at https://www.dailyjournal.com/.

Rodrigo Tannus has authored several new articles in Diario la República:

• “Presente y futuro de la visa Mercosur“
• “Profesiones reguladas por trabajadores extranjeros“
• “Flexibilizacion migratoria para venezolanos“

Stephen Yale-Loehr was quoted by Axios in “.” Mr. Yale-Loehr noted that although U.S. Immigration and Customs Enforcement officers frequently stay out of a church if undocumented immigrants are staying there, churches do not provide federal legal sanctuary. “I think for publicity reasons, immigration enforcement does not like to go into churches,” he said.

Mr. Yale-Loehr was quoted by Reuters in “U.S. to Expand Rapid Deportation Nationwide With Sweeping New Rule.” Mr. Yale-Loehr said the new policy will create chaos and fear in immigrant communities and could have unintended consequences. “U.S. citizens could be expeditiously removed by error. You don’t have a lot of room to challenge that. You can’t go before an immigration judge,” he noted.

Mr. Yale-Loehr was quoted in several other media outlets about the expansion of expedited removal:

• New York Times: “Trump Administration Expands Fast-Tracked Deportations for Undocumented Immigrants“
• Law360: “DHS Vastly Expands Deportation Authority,” available by registering here.

Mr. Yale-Loehr was quoted by Tampa Bay Times in “.” Immigration enforcement agents can now “round up anybody they could find, whether they had a criminal conviction or not,” he noted.

Stephen Yale-Loehr was interviewed by Raw Story in “Immigration Expert Explains Why Trump’s Migrant Policy Won’t Work.” Among other things, in response to a question asking for his thoughts on U.S. Immigration and Customs Enforcement, he said, “All countries need some kind of immigration enforcement agency. The question is how to manage immigration enforcement humanely and effectively. Moreover, Congress will never appropriate enough money to round up and deport all 11 million undocumented immigrants estimated to be in the United States. We should focus our limited priorities on removing terrorists, not people who simply overstayed their visas.”

Mr. Yale-Loehr discussed “Immigration Meritocracy,” regarding his new research project studying merit-based immigration, what a “merit-based” immigration system means, and how it would work in the United States, in a podcast presented by the Everyday Immigration Podcast, produced by LionCeau Productions.

Mr. Yale-Loehr was quoted by a variety of news outlets regarding reports of possible immigration raids:

• Voice of America: U.S. immigration raids planned. Mr. Yale-Loehr said, “Given the inefficiencies in the immig ration court system, many people may have been ordered deported illegally because the immigration agency didn’t have their correct address to notify them about their immigration court date. In such cases, they may have the right to reopen their immigration case,” he said. Mr. Yale-Loehr noted that undocumented people living in the U.S. have certain constitutional rights. “Immigration agents are not legally allowed to forcibly enter a home [without authorization]. Immigrants can refuse to open the door when an agent approaches, unless the agents have a valid search warrant.”
• Reuters (several newspapers): “Two thousand people deported is not that large in the annual scheme of things,” said Stephen Yale-Loehr, pointing out that the administration of former President Obama deported more than 400,000 people a year during his first term. “On the other hand, the mere fact that they are announcing these raids is sending fear among immigrants and is causing them to hide or take other actions,” he said. The article notes that President Trump will want to show his supporters that he is delivering on campaign promises to crack down on illegal immigration, a signature policy objective of his administration. “He’s been trying to do something for months,” Mr. Yale-Loehr said.

Mr. Yale-Loehr was also quoted in the following media on the same topic:

• Lawandcrime.com: ICE scheduling raids to arrest alleged undocumented immigrants – what to know
• Daily Mail: Trump-backed ICE raids have already started in California ahead of thousands of immigrants being rounded up nationwide this weekend, claim lawyers
• Quartz: The best ways to help immigrants in the US caught up in ICE raids
• Syracuse.com: On eve of planned immigration raids, Syracuse advocates remind people of their rights
• City & State: New York’s limited power to resist ICE raids
• Business Insider: Immigrants have rights when ICE comes to arrest them, but experts warn this only goes so far
• Univision: Did you know that a deportation order can be challenged? (Spanish)
• Marketplace

Headlines

1. DOCUMENT RETENTION POLICIES AND PRACTICES: AN OVERVIEW -This article provides an overview of document retention policies and practices in Canada and Italy.

2. COLOMBIA -This article summarizes several developments in Colombia: All visa procedures must now be completed online; the Migrant Mercosur visa for Chilean nationals has been suspended due to a lack of reciprocity; there has been a breakdown of diplomatic relations between Colombia and Venezuela that has affected migratory processes; and there are new conditions for Venezuelans traveling to Colombia with expired passports.

3. EUROPEAN UNION -As part of “red tape” reduction for European Union (EU) citizens living or working in another Member State, the apostille is no longer required on public documents issued by EU authorities.

4. FRANCE -A government order has established the rights of United Kingdom (UK) nationals continuing to stay in France in case of a “hard Brexit.”

5. ITALY -A new decree outlines measures that will apply if the UK leaves the EU without a deal.

6. UNITED KINGDOM -This article provides updates on the fast-changing Brexit situation. Also, new “e-gates” are now open to U.S. citizens and others.

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

8. ABIL Member / Firm News -ABIL Member / Firm News

Details:

1. DOCUMENT RETENTION POLICIES AND PRACTICES: AN OVERVIEW

This article provides an overview of document retention policies and practices in Canada and Italy.

Canada

In Canada, rules related to law firms retaining client documents and information are governed by provincial and territorial law societies. Accordingly, there are potentially 13 different sets of professional rules of conduct that govern document retention. Generally speaking, the provincial and territorial law societies will not set a firm rule but instead will make a recommendation for a best practice. In Ontario, lawyers are advised to keep client documents for 7 years, except Trust Account documents, which must be kept for 10 years. Trust Accounts are used in Canada to receive client fees in advance of work being completed and can also be used to hold client funds pending the completion of commercial or real estate transactions where the funds are applied to the purchase price. For this reason, lawyers are held to a higher standard of record-keeping for all documentation dealing with the handling of client funds. The Canada Revenue Agency also requires that businesses keep tax records for 7 years.

Recently, there have been a number of government initiatives and changes in legislation related to compliance with respect to immigration applications to support hiring foreign workers in Canada. These include Administrative Monetary Penalties against employers for non-compliance. Businesses that hire foreign workers must keep records related to the hiring and employment of the foreign worker, including copies of work permits, payroll documents, job descriptions, and timesheets for up to 6 years from the date of hire. In light of this requirement, immigration law firms providing legal services to businesses that hire foreign workers should also be keeping records for at least 6 years.

Italy

In Italy, an attorney must collect and store only the data that are necessary (not superfluous) for the achievement of the client’s objectives.

The data can be deleted or returned at the client’s request. There is no mandatory requirement to keep data for a certain time, unless it is necessary for the file’s completion. However, lawyers are subject to malpractice claims for 10 years, and it is therefore advisable to keep the necessary data and documents until the expiration of the statute of limitation for a possible claim.

Regarding immigration-related documents, the law does not set forth a specific term, but considering that immigration compliance is also linked to tax and social security issues, it is advisable to store documents for at least 7 years, the statute of limitation for any tax claims.

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2. COLOMBIA

COLOMBIA

This article summarizes several developments in Colombia: All visa procedures must now be completed online; the Migrant Mercosur visa for Chilean nationals has been suspended due to a lack of reciprocity; there has been a breakdown of diplomatic relations between Colombia and Venezuela that has affected migratory processes; and there are new conditions for Venezuelans traveling to Colombia with expired passports.

Changes in the Visa Application Process

The Ministry of Foreign Affairs has announced that all visa procedures must now be completed online. Foreign nationals can only approach the Ministry when they are summoned by the authority or when they have received approval of their visa and they need the visa sticker stamped on the passport.

This change will affect processing times for all visas, Visitor (V), Migrant (M), and Resident (R), taking into consideration that in the past a visa could be obtained in person in a couple of hours. It will now be necessary to obtain approval of the application online, which takes approximately five business days.

Mercosur Visa Temporarily Suspended for Chilean Nationals

The Ministry of Foreign Affairs has suspended the issuance of the Migrant Mercosur visa for Chilean nationals. This decision was made due to the failure to apply the principle of reciprocity, because the Mercosur visa is not being issued for Colombian nationals in Chile.

Chilean nationals who are in the process of obtaining a Mercosur visa and continue to have a need to enter Colombia must reevaluate the existing migratory alternatives and proceed with a request for a different type of visa to enter and remain in the country in regular migratory status.

However, for foreign nationals who still hold a visa in this category, its validity will be respected and they should not make any changes at this time.

Breakdown of Diplomatic Relations Between Colombia and Venezuela and Its Impact on Migratory Processes

Due to the breakdown of diplomatic relations between Colombia and Venezuela, consular services in both countries have stopped and no further requests will be processed until further notice.

To provide an avenue for the migration of Venezuelan nationals to Colombia, the Ministry of Foreign Affairs has enabled its online platform for Venezuelans who wish to apply for a Colombian visa so they can proceed with their request.

On the other hand, Colombian nationals who require a visa or other processes through any Venezuelan consulate in Colombia will need to wait for these offices to resume their normal activities. They may wish to consider searching for an alternative, even if that will mean the process is completed in Venezuela or before a consulate abroad.

New Conditions for Venezuelans Traveling to Colombia with Expired Passports

The Ministry of Foreign Affairs has authorized Venezuelan nationals to enter, transit through, and leave the national territory of Colombia, even when their passports have expired. Passports in this condition may continue to be used for two years from the due date.

Likewise, Venezuelan passport holders under the conditions mentioned above may receive an Entry and Stay Permit granted by Migración Colombia upon entering the country. Exceptionally, those passports with an entry stamp will be valid as identification documents in the national territory of Colombia.

For visa processes, the Ministry has established that Venezuelan nationals who are holders of expired passports may request the issuance of a visa as long as it complies with the other provisions in force for the issuance of the corresponding visa.

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3. EUROPEAN UNION

EUROPEAN UNION

As part of “red tape” reduction for European Union (EU) citizens living or working in another Member State, the apostille is no longer required on public documents issued by EU authorities.

As of February 16, 2019, the entry into force of Regulation 2016/1191 simplifies the circulation of certain public documents in the EU. A number of bureaucratic procedures will no longer be necessary when presenting public documents issued in one EU country to the authorities of another EU country.

Remarkably, public documents issued by the authorities of an EU country must now be accepted without the need of an apostille (authenticity stamp). Also, the regulation simplifies the rules concerning translation requirements.

A European Commission press release on this topic is available here.

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4. FRANCE

FRANCE

A government order has established the rights of United Kingdom (UK) nationals continuing to stay in France after March 29, 2019, in case of a “hard Brexit.”

The French government published an order determining the right of UK nationals continuing to stay in France after the Brexit date of March 29, 2019, in the most probable event of no exit agreement being reached between the UK and the European Union (EU). Such UK nationals will be allowed three to 12 months to acquire permanent residency if they have been in France for five years or more as of March 30, 2019, or acquire the appropriate permit to stay, if they have been in France as of that date for less than five years. [Update: The EU has given the UK another six months to leave the EU, to October 31, 2019.]

Ordonnance n° 2019-76 of 6 February 2019 was published in the Journal Officiel on February 7. The following are the principal terms affecting the immigration rights of UK nationals.

A transition period of 3 to 12 months. UK nationals continuing their stay and professional activities beyond the Brexit date may do so, as before such date, for a minimum period of three months from the Brexit date. A decree will be published that will set the final end date of the transition, which will be within 12 months of the Brexit date. Beyond this final end date, UK nationals must be in possession of the appropriate permits covering their stay and professional activities in France (Article 1 of the Order).

Presence of less than five years. UK nationals having resided for less than five years as of the Brexit date must apply for the various permits to stay according to their status (e.g., student, employee, temporary worker, posted worker, independent professional, unemployment beneficiary, family member, long-term visitor). Such permits, when allowing work, will not be conditioned on labor market tests (Article 2).

Presence of five years or more. UK nationals having resided for five years or more in France as of the Brexit date will be entitled to the Residency Card, with 10-year validity (Article 3).

UK nationals practicing law in France. UK nationals who exercise the profession of lawyer (avocat) in France, based on their EU rights, may continue to do so for a period of 12 months from the Brexit date. Such lawyers may benefit from the disposition of Article 89 of the law of 31 December 1971 (Article 13).

Article 89 of the law of 31 December 1971 facilitates the registration of foreign lawyers with a French bar association after showing that they “effectively and regularly practiced French law on [French] national territory for a period of at least 3 years.” Such activity must be demonstrated to the French bar association with which the foreign lawyer wishes to register. If over the three-year period the practice of French law was for a shorter period, the bar association will have discretion to determine if the foreign lawyer can practice French law.

Subsidiaries of law firms formed under UK law and registered with a French bar association on the Brexit date may continue to pursue their activities in France beyond that date, even if no lawyer registered under a UK qualification is still practicing within that structure. No new structure under UK law may be created in France after the Brexit date (Article 16).

Reciprocity required. The Order states that the preferential treatment provided for UK nationals can be suspended by a State Council decree, after three months following the Brexit date, if the French government observes that the UK government has not taken equivalent dispositions toward French nationals (Article 19).

Other areas. The 10-page order is quite dense. It touches on many areas (such as recognition of professional qualifications, cross-border service provision, welfare, health coverage, and jobs reserved for French and EU nationals). A decree to implement this order will soon be published.

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5. ITALY

ITALY

A new decree outlines measures that will apply if the UK leaves the EU without a deal.

With Decree 25 March 2019, n. 22, the Italian government has outlined the measures that will apply if the United Kingdom (UK) leaves the European Union (EU) without a deal. In particular, article 14 refers to the residency rights of UK nationals and their non-EU family members living in Italy, and article 15 refers to citizenship applications.

UK citizens residing in Italy and their non-EU family members can apply for EU residence permits for long-term residents by December 31, 2020, if upon the date of Brexit they have regularly resided in Italy for at least five years. UK citizens residing in Italy and their non-EU family members can apply for EU residence permits “for residency” (per residenza), valid for five years, if upon the date of Brexit they have regularly resided in Italy for less than five years.

Starting on January 1, 2021, UK citizens and their non-EU family members who do not comply with these provisions will be subject to the same sanctions applicable to all noncompliant non-EU nationals.

UK citizens who are regularly residing in Italy for at least four years upon the date of Brexit can apply for Italian citizenship until December 31, 2020. Applications filed after that date will be processed under the same regulations applicable to all other non-EU nationals.

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6. UNITED KINGDOM

UNITED KINGDOM

This article provides updates as of press time on the fast-changing Brexit situation. Also, new “e-gates” are now open to U.S. citizens and others.

Brexit Update: EU Extends Deadline to October 31

In a tumultuous period for British politics, the House of Commons rejected Prime Minister (PM) Theresa May’s Brexit deal for a second time on March 12, 2019, by a wide margin of 149 votes. The following day, in a legally non-binding but politically significant motion, Parliament rejected leaving the EU without a Withdrawal Agreement and a Framework for the Future Relationship.

On March 14, House members rejected a series of amendments to the UK government’s motion to extend Article 50. The first amendment to hold a second referendum was overwhelmingly defeated 334 to 85 (with the Labour party abstaining from the vote). The second, to enable the House to debate on the next steps in Brexit on March 20, was narrowly rejected 314 to 312. And the third amendment, which would have instructed the PM to request additional time from the EU in order to find a majority of support for an alternative approach, also failed to garner enough support in a vote of 318 to 302.

Among other things, following the amendments’ defeat, the House passed the government’s motion to extend Article 50 until June 30, 2019, by a wide margin of 412 in favor to 202 against. Subsequently, the EU extended the Brexit deadline to October 31, 2019, giving the UK another six months. As of press time, there was a range of potential future scenarios and the outcome was far from certain. The UK remains a member of the EU for the time being, but the ongoing uncertainty has created problems for businesses and investors in the UK. Stay tuned.

E-Gates

As of March 11, 2019, nationals of the United States and six other countries (Australia, Canada, Japan, New Zealand, Singapore, and South Korea) can now use electronic passport control gates when they enter the UK. People from these countries who do not already have a visa will automatically be granted entry as a standard visitor for six months, with the usual prohibition on employment and recourse to public funds.

The new system was announced in October 2018, and the legislation enabling it was passed in February 2019.

At the moment, electronic passport control gates—known as e-gates or ePassport gates—can be used by British and EU nationals aged 12 and over.

The following groups of people should not use e-gates:

• People who are entering the UK for the first time on a different type of visa, such as a spouse visa. These people must get their visa stamped by an Immigration Officer the first time they enter the UK.
• People who do not have a visa and are seeking entry for a different purpose; for example, under the Tier 5 (Temporary Worker) Creative and Sporting category or the Visitor (Permitted Paid Engagements) category. These people must see an Immigration Officer and ask to be stamped in under the appropriate category.
• People who have had immigration problems in the UK and are hoping to slip in without being questioned. Passengers using e-gates are checked against Border Force systems. If the person is flagged on these systems, the gate will not open and they will be taken aside for questioning.

The new system will make entry to the UK much quicker for people traveling on business or for tourism.

Business travelers and their employers should bear in mind that the same restrictions apply to people entering as visitors regardless of whether they are stamped in by an Immigration Officer or use an e-gate. Visitors are not allowed to work or study in the UK except in very limited circumstances. They also cannot live in the UK for extended periods. The Home Office already collects entry and exit data from airlines and other carriers taking people to and from the UK. Anyone using e-gates can also expect to have their movements tracked. Visitors who appear to be spending most of their time in the UK will run into trouble, whether or not they use e-gates.

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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
  • New Data Show Increase in H-1B Denials and RFEs
  • ABIL Urges Administration to Change “Buy American and Hire American” Executive Order
  • ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy
  • ABIL Members Note Immigration Threats for Employers in 2018
• 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

The Alliance of Business Immigration Lawyers (ABIL) was named the top immigration legal network by Chambers Global. Chambers noted, “[ABIL] is an association of legal providers based in over 20 countries, including 24 U.S. cities, providing a single contact point for management of global immigration needs. It assists with processing, filing, invoicing and online client case tracking. Members share information on important legislation, take part in joint training and collaborate on projects to provide a unified service offering. The network also maintains an up-to-date blog collating information on multiple jurisdictions.” In addition, ABIL members and firms were disproportionately top-rated in almost all of their jurisdictions relative to other immigration firms. ABIL encompasses two-thirds of Chambers USA’s top band (ranking tier) in California out of thousands of California immigration law firms.

Below are ABIL firms and individual members and associates who were honored in Chambers Global and Chambers USA:

FIRMS

United States

Cyrus D Mehta & Associates PLLC

Foster, LLP

Fredrikson & Byron

Klasko Rulon Stock & Seltzer

Kuck Baxter

Maggio & Kattar

Miller Mayer

Parker, Butte Lane

Pearl Law Group

Seyfarth Shaw

Siskind Susser, PC

Wolfsdorf Rosenthal LLP

Canada

Corporate Immigration Law Firm

Gomberg Dalfen

Global

Alliance of Business Immigration Lawyers

Laura Devine Solicitors

Bener Law Office (Europe, Global – for Corporate/M&A)

Dorda (Europe, Global, High Net Worth)

Kingsley Napley (UK, US, Global, High Net Worth)

Laura Devine Solicitors (UK, US, Global, High Net Worth)

Sagardoy Abogados (Europe – for Employment)

Raczkowski Paruch (Europe – for Employment)

Tannus & Asociados (Latin America)

INDIVIDUALS

United States

Jim Alexander

Robert Aronson (US and Global)

Dagmar Butte

Charles Foster

David Fullmer

Anna Gallagher

1. Ronald Klasko (US and Global)

Charles Kuck (US and Global)

Judy Lee

Cyrus Mehta (US and Global)

John Meyer

Christy Nguyen

Angelo Paparelli

Julie Pearl

Jan Pederson

Gregory Siskind (US and Global)

Jennifer Stevens (US and Global)

William Stock

Anastasia Tonello

Bernard Wolfsdorf

Stephen Yale-Loehr (US and Global)

Canada

Jean-Philippe Brunet

Barbara Jo Caruso

Seth Dalfen

Avi Gomberg

Global (see also individual listings above under United States)

Sophie Barrett-Brown

Ilda de Sousa

Laura Devine

Nicolas Rollason

Jennifer Stevens

Rodrigo Tannus

More information on rankings and areas of specialty are available here. Bios of ABIL members are available at https://www.abil.com/.

Robert Aronson and Debra Schneider, of Fredrikson & Byron, P.A., have co-authored “A Bridge Over Troubled Waters: The High-Skilled Worker Rule and Its Impact on Employment-Based Immigration,” published in 44 Mitchell Hamline L. Rev. 935-969 (2018) and available online here.

Dagmar Butte will be speaking at the following events:

• AILA Rome Chapter Conference in Berlin, Germany, on April 30, 2019, on the effect of marijuana legalization at the state level on federal immigration law
• Federal Bar Association National Conference in Austin, Texas, on May 17, 2019, on “Fundamentals of Business Immigration Law”
• American Immigration Lawyers Association Annual Conference in Orlando, Florida, on June 19, 2019, on “Changes to Immigration Law Via Trump Administration Memos”
• Chair of Business Track for AILA Annual Conference in Orlando (see above)

Laura Devine Solicitors has won the LexisNexis 2019 Award for Wellbeing. The award recognizes the law firm or other legal organization that “has demonstrated the strongest commitment to providing or promoting a working environment that supports the mental and physical health of its staff, members or colleagues and enables them to maintain a healthy balance between their work pressures and home life.” Details

Robert Loughran, partner at Foster LLP, recently spoke on a panel in Austin, Texas, at the South by Southwest (SXSW) Conference. “How Foreign Entrepreneurs Thrive in Trump’s America: It’s (Not So) Complicated” focused on the immigration, corporate, and financial/tax implications foreign entrepreneurs face when setting up a business in Texas and the United States in light of the Trump administration’s new immigration policies. More information

Mr. Loughran and Matthew Myers presented on U.S. immigration considerations specific to Japanese investors, companies, and employees, to representatives of 19 Japanese companies visiting San Antonio, Texas, as part of an economic development delegation at a dinner hosted by the San Antonio Economic Development Foundation. The event took place March 7, 2019.

Charles Foster and John Meyer, chairman and partner, respectively, at Foster LLP, attended the EB-5 & Uglobal Immigration Expo hosted by EB-5 Investors Magazine on February 11, 2019, in Dubai, United Arab Emirates. Mr. Foster presented an overview of the EB-5 Immigrant Investor Program and its latest developments to representatives of leading EB-5 regional centers, migration agencies, and potential investors. More information

Mr. Foster delivered the keynote address at the immigration seminar, “Struggling With Your Immigration Status: Is Canada a Solution?,” hosted by The Aga Khan Economic Planning Board and Indo-American Chamber of Commerce of Greater Houston on December 15, 2018, in Houston, Texas. Mr. Foster spoke about the EB-5 Investment Program as a possible alternative to the H-1B visa backlog. More information on this event

Mr. Meyer was a guest speaker for “Investing and Doing Business in Texas,” an event hosted by Invierta en USA on January 30, 2019, in Mexico City, Mexico. Mr. Meyer spoke about the EB-5 Immigration Investor Program concerning how to obtain business and investment visas to immigrate to the United States. The audience included Mexican entrepreneurs who want to invest in, establish, and expand businesses in Texas. More information

Klasko Immigration Law Partners, LLP, has released “,” which is Episode 12 of the podcast series, “Statutes of Liberty.”

Anu Nair, of Klasko Immigration Law Partners, LLP, served as a panelist for “U.S. Immigration and IRS Update,” a Business After Hours event sponsored by Gray Robinson Attorneys at Law and hosted by the Indian American Chamber of Commerce on January 15, 2019, in Orlando, Florida. She provided an overview of the EB-5 Immigrant Investor Program and spoke on the latest developments. She included an update on the impending visa backlog for Indian foreign nationals. More information

Charles Kuck is the attorney for Grammy-nominated rapper 21 Savage, whose real name is She’yaa Bin Abraham-Joseph. Mr. Abraham-Joseph, who was born in England in 1992 and has been living in the United States since the age of seven, was detained recently on immigration charges by U.S. Immigration and Customs Enforcement (ICE) in Atlanta, Georgia. Mr. Kuck was quoted by Reuters in “Rapper 21 Savage Being Held Unfairly, Attorneys Claim.” Mr. Kuck noted that “ICE has not charged Mr. Abraham-Joseph with any crime. As a minor, his family overstayed their work visas, and he, like almost two million other children, was left without legal status through no fault of his own.” He said, “This is a civil law violation, and the continued detention of Mr. Abraham-Joseph serves no other purpose than to unnecessarily punish him and try to intimidate him into giving up his right to fight to remain in the United States.” Mr. Kuck also said that ICE was refusing to release his client on bond based on “incorrect information about prior criminal charges.” The article. Additional details of Mr. Abraham-Joseph’s case are at TMZ, NYTimes, The New Yorker, Time, and Rolling Stone.

Cyrus Mehta has authored several new blog entries. “The Best Way for Trump to Offer “Love and Sympathy’ is to Repeal the Muslim Ban“; “Advancing a ‘Social Group Plus’ Claim After Matter of A-B-“; “”; and “Don’t Always Suck Up to Buy American Hire American.”

David Isaacson, of Cyrus Mehta‘s office, has authored a new blog entry. “.”

Angelo Paparelli has authored a new blog entry, ” .”

Mr. Paparelli and William Stock spoke at the 2019 American Immigration Lawyers Association’s Spring Federal Court Litigation Conference in Chicago, Illinois, on March 12, 2019. More information

Rodrigo Tannus has authored several new articles published in Diario la Republica:

• “Golden Visa“
• “Nacionalización colombiana y sus efectos“
• “Permiso de ingreso y permanencia de tránsito temporal“

Stephen Yale-Loehr was quoted in several publications regarding President Trump’s threat to close the U.S. border with Mexico:

• CNN: Mr. Yale-Loehr noted that the President would run into problems if he closed the entire border to green card holders and U.S. citizens: “They could argue that doing so violates their First Amendment rights to freedom of association and travel.”
• Univision (Spanish): “Las amenazas de Trump en la frontera y el corte de la ayuda a los países centroamericanos (como castigo por no detener las oleadas de inmigrantes en busca de asilo) pueden ser ilegales y, desde luego, una tontería.”
• Sinclair Broadcast Group, many newspapers: “Any effort to close the U.S.-Mexico border or cut off aid is doomed to failure. It is like stopping funding for cancer research on the theory that fewer cancers will occur. We need more foreign aid, not less, to attack the root conditions of poverty and violence in Central America so fewer people in those countries will flee to the United States.”
• Law360: Mr. Yale-Loehr noted that the first version of President Trump’s travel ban raised similar concerns. If the President issued a narrower proclamation closing the border only for asylum-seekers, they could argue that this violates INA 208(a)(1), which provides that any migrant physically present in the United States or who arrives in the United States, whether or not at a designated port of arrival, can apply for asylum. Available by registering or subscribing.
• USA Today: “We’d be shooting ourselves in the foot by closing the border. It’s like stopping funding for cancer research on the theory that we’ll get fewer cancers.”
• Business Insider: “The legal challenges to a border declaration will depend on what President Trump does. If President Trump closed the border to green card holders and U.S. citizens, they could argue that doing so violates their First Amendment rights to freedom of association and travel.”

Mr. Yale-Loehr was quoted by WENY regarding a failed EB-5 project in upstate New York.

Mr. Yale-Loehr was quoted by Bloomberg Law regarding a 10 percent immigration surcharge proposal in the Trump administration’s budget request to Congress. It “seems minimal,” he noted, but “would have a real detrimental impact on many people who can ill afford these increased filing fees.” He said the surcharge is likely “dead on arrival,” noting that even the Trump administration thinks “that such a change will only occur with congressional approval” and “the Democrats would never agree to this.” Further, he noted, “Some employers already are balking at the high filing fees for needed employees. Adding a 10 percent surcharge will make it even more financially onerous. We may see fewer H-1B petitions being filed as a result.” Available by registering or subscribing.

Mr. Yale-Loehr was quoted by Voice of San Diego in an article about a California county’s asylum policy lawsuit. Mr. Yale-Loehr agreed that the federal government’s failure to follow rulemaking procedures was the county lawsuit’s most potent argument. “I think it’s a good lawsuit and they raise serious allegations. We’ll just have to wait to see which judge they get.”

Mr. Yale-Loehr was quoted by CNN in “Supreme Court Will Take Up Immigration-Related Case Next Term.” The case, Kansas v. Garcia, concerns Kansas’ prosecution of three immigrants for using stolen Social Security numbers for employment. The Kansas Supreme Court overturned their convictions, ruling that federal immigration law preempts a state from prosecuting undocumented immigrants when the claim is based on information culled from federal immigration forms. If the Supreme Court takes up the case and overturns the Kansas court’s decision, he noted, “all states could prosecute noncitizens for identity theft more easily. The Supreme Court largely struck down Arizona’s similar efforts in 2012. Given the change in Supreme Court members since then, it will be interesting to see how the court revisits the issue.”

Mr. Yale-Loehr was quoted by the New York Times in “Ninth Circuit Appeals Court Grants More Protections for Asylum Seekers.” In response to the court’s decision that immigration authorities can no longer swiftly remove asylum seekers who fail an initial screening, Mr. Yale-Loehr said, “This is a historic decision. But the government will surely appeal this to the Supreme Court.” The article

Mr. Yale-Loehr was quoted by CNN in “Meet the Immigrant Who Got a Second Chance from Justice Neil Gorsuch.” The article notes that Justice Gorsuch sided with the Supreme Court’s liberals in invalidating a provision of federal law that requires the mandatory removal of immigrants who have been convicted of some “crimes of violence,” agreeing that the law was unconstitutionally vague. Mr. Yale-Loehr noted that Justice Gorsuch’s vote did not necessarily make him pro-immigrant in every case, as evidenced by some of his other opinions. “But like his predecessor, Justice Scalia, he hates vague laws. This case shows that Congress needs to be more careful when it drafts immigration laws,” Mr. Yale-Loehr said.

Mr. Yale-Loehr was quoted by Bisnow South Florida in “EB-5 Fund USIF Sued for Racketeering by Representative of Chinese Investors.” The U.S. Immigration Fund bundles foreign money to be loaned to developers for U.S. based projects. The Chicago-based Chinese-American researcher who filed the suit, Xuejun Makhsous, also known as Zoe Ma, alleges that Chinese investors were led to believe that they were backing a five-year loan with a real estate development as collateral, but they were actually purchasing limited partnership interests in a fund not secured by real estate. “It’s an interesting but novel argument. It remains for the court to decide whether it has validity.” The article

Stephen Yale-Loehr was quoted by CNN in “Trump Says Alabama Woman Who Joined ISIS Should Not Return to U.S.” Mr. Yale-Loehr said Hoda Muthana’s situation was “not clear-cut. It would depend on the facts, if the State Department argues that her father’s diplomatic status was still in effect. The family argues it expired. So ultimately, it may be up to a court to sort this out.” Ms. Muthana’s family has filed a lawsuit challenging the U.S. government’s assertion that she is not a U.S. citizen, the article notes. The CNN article. The lawsuit

Mr. Yale-Loehr was quoted by Bisnow South Florida in “Inside the Wild Legal Battle Over EB-5 Fraud, Defamation and a $2.5B Times Square Project.” Mr. Yale-Loehr noted that the EB-5 program was established as a part of a bigger overhaul of legal immigration in the early 1990s, “in part because Australia and Canada had similar programs.” Noting that it was enacted as a pilot program and still needs to be reauthorized periodically, he said redeployment has become contentious as processing times for visas have grown. Contracts can be structured various ways, he said, with all the money from a group being moved together at one time or in tranches. The article

Mr. Yale-Loehr was quoted by the Cornell Daily Sun in “Tompkins County Deputy Called ICE to Report Mexican Man in U.S. Illegally, Drawing Sheriff’s Ire.” Mr. Yale-Loehr said, “I agree that it is a close call, but the county resolution explicitly states that nothing in the resolution bars a sheriff’s officer from sending a statement of a person’s immigration status to federal immigration authorities.”