In this issue:

1. BARRIERS TO ELECTRONIC TRAVEL AUTHORIZATION: AN OVERVIEW – This article provides an overview of barriers to electronic travel authorization in several countries.

2. CANADA and ITALY – A new bilateral agreement is in force for Italian and Canadian citizens between the ages of 18 and 35.

3. MEXICO – Mexico has introduced a new online process for the multi-purpose immigration form.

4. RUSSIA – PCR tests upon entry are no longer required. Also, Russia requires notification to the Ministry of Internal Affairs when Russian citizens receive citizenship or permanent residence from a foreign country.

5. SWITZERLAND – Nationals of countries with which Switzerland holds permanent residence agreements now must also show local language proficiency when applying for permanent residence.

6. UNITED KINGDOM – The Home Office has reduced some of the reporting requirements for sponsors and made other helpful changes.

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

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

Download:

ABIL Global Immigration Update – December 2022

1. BARRIERS TO ELECTRONIC TRAVEL AUTHORIZATION: AN OVERVIEW

This article provides an overview of barriers to electronic travel authorization in several countries.

Canada

The Canadian electronic travel authorization (eTA) is an electronic document that is required for most visa-exempt air travelers to Canada, as well as those transiting through Canada by air, with some exceptions. Air travelers to Canada who would otherwise be visa-exempt will face barriers in applying for an eTA in particular circumstances.

Among those who are barred from applying for an eTA are travelers who have been found to be inadmissible to Canada, such as those facing prior criminal convictions captured by the Immigration and Refugee Protection Act (IRPA), including impaired driving or cannabis-related crimes. Such individuals will generally only be allowed to enter the country with an alternative entry document, such as a temporary resident permit, if they are determined to have valid reasons to visit Canada. Individuals who have been granted an eTA and subsequently become the subject of a report on inadmissibility or are issued a temporary resident permit to overcome an inadmissibility become ineligible to hold an eTA, which may then be canceled by an immigration officer.

Applicants may also become ineligible for an eTA when they have received a prior refusal of a temporary resident visa, work permit, or study permit on the basis that the person was unlikely to leave Canada by the end of the authorized stay. Moreover, applicants who were previously issued an eTA and subsequently withdrew their application to enter Canada upon examination by an officer at a port of entry, or those who become the subject of a removal order, may also become ineligible to hold an eTA. Permanent residents (PRs) of Canada are also ineligible to apply for one and instead require a valid permanent residence card, or a permanent resident travel document—generally only valid for one entry—to return to Canada. eTA applications from Canadian PRs may either drop out of the automated process if they appear to be a PR or be manually reviewed by an officer, who should subsequently contact the applicant to determine if they wish to relinquish their status if this is unclear.

Finally, Canadian citizens, including those born abroad holding dual citizenship, cannot apply for an eTA to travel to Canada and require a valid Canadian passport to enter the country. If the automated process identifies an applicant as a Canadian citizen, it will be dropped out. Dual citizens without a Canadian passport with a flight to Canada scheduled in less than 10 days may apply for special authorization. If an applicant meets the eligibility criteria—including proof of citizenship and a valid non-Canadian passport from a visa-exempt country, among others—and is approved, this will enable them to board their flight and will be valid for only 4 days from the date of travel. Canadian-American dual citizens only need one of their passports to fly to Canada, but are recommended to travel with both.

Mexico

The electronic travel system is mandatory for Russian, Ukrainian, and Turkish nationals; recently Brazilians has also joined the list.

The applicant must have a valid passport, with a minimum validity of at least 6 months before traveling to Mexico.

The applicant must complete the application at the National Immigration Institute website: https://www.inm.gob.mx/sae/publico/ru/solicitud.html.

The applicant may receive:

• The electronic authorization to be printed with validity of 30 days to use it;
• A denial of the electronic authorization; or
• An answer stating that the electronic authorization is being reviewed.

A denial is the result of having migratory alerts.

For most minor criminal offenses, individuals are not specifically barred from entering Mexico. Those with outstanding warrants are unlikely to be allowed entry, and individuals on probation or parole are likely to have problems. The nature and history of the criminal record in question determines ease of entry into Mexico. It is also a question of whether the foreign authority, in this case entities like the U.S. Departments of Justice and Homeland Security, has issued an international warning to Mexican authorities on existing problems with an individual.

Schengen Area

Which criminal offenses will need to be reported by travelers under the new European Travel Information and Authorisation System (ETIAS)?

According to the Schengen Rules, entrance can be denied to non-European Union (EU) nationals who “are considered to be a threat to public policy, national security or the international relations of any of the Contracting Parties and in particular where no alert has been issued in Member States’ national data bases and in the Schengen Information System (SIS) (II) for the purposes of refusing entry on the same grounds.”

Each Schengen country also has its own rules, conditions, and requirements for allowing entry to non-EU nationals.

Details:

• “Can You Enter the Schengen Area If You Have Past Criminal Convictions?”, Mazzeschi S.r.l. https://www.mazzeschi.it/can-you-enter-the-schengen-area-if-you-have-past-criminal-convictions/

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2. CANADA and ITALY

A new bilateral agreement is in force since November 1, 2022, for Italian and Canadian citizens between the ages of 18 and 35.

The new Agreement aims to promote, among the new Italian and Canadian generations, a better knowledge of culture, society, and languages through travel experiences, work, and life in the other country.

What does the agreement stipulate?

The bilateral youth mobility agreement between Italy and Canada offers professional training opportunities to young Italian and Canadian citizens between the ages of 18 and 35 who are entering the world of work.

For 2023, there will be 2,000 young people per country who will be able to benefit from this agreement. The new agreement replaces the 2006 Memorandum of Understanding between Italy and Canada on “Working Holidays” and expands its scope, with the Italian extension of the work permit to 12 months and the introduction of new categories of participants.

What new categories are now available?

In particular, the agreement includes the following three categories:

• “Working Holiday,” for those who intend to travel to the host country and temporarily work during their stay;
• “Young worker,” for those who have already obtained an employment contract in the host country, in support of their professional development or pertaining to their previous field of study; and
• “International internship,” aimed at students enrolled in a course at a post-secondary level institute of study who have obtained an internship relevant to their field of study in the host country, as a requirement of their academic curriculum. Visa applicants must have a valid travel document with an expiration date of at least three months longer than that of the requested visa.

Interested parties must be between the ages of 18 and 35, inclusive, on the date on which the application is received.

The validity of the visa will be commensurate with the expected duration of the stay, in any case not exceeding 12 months.

Details:

“Agreement on Youth Mobility Between Italy and Canada,” Italian Government, https://www.esteri.it/en/opportunita/scambi_giovanili/accordo-in-materia-di-mobilita-giovanile-tra-litalia-e-il-canada/

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3. MEXICO

Mexico has introduced a new online process for the multi-purpose immigration form.

Due to recent adjustments implemented by the immigration authorities (National Immigration institute), the FMM form (multi-purpose immigration form that was usually delivered by airlines to travelers to Mexican national territory or handed out at any port of entry) will no longer be delivered and only the usual entry stamp will be stamped in the traveler’s passport indicating the date of entry and the maximum number of days of authorized stay.

Foreigners who require an FMM form to carry out an immigration procedure may scan a QR code that is located at the port of entry. Once the QR code has been scanned and the foreigner has entered the corresponding website, he or she must create an account and provide the requested data and documents to obtain an Electronic Migratory Multiple Form.

Upon entering Mexican territory, the foreigner must clearly state the purpose of the trip to the immigration authorities and show the corresponding documentation. Otherwise, the immigration officer may register an incorrect immigration status that would prevent the foreigner from continuing with the immigration process, if applicable.

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4. RUSSIA

PCR tests upon entry are no longer required. Also, Russia requires notification to the Ministry of Internal Affairs when Russian citizens receive citizenship or permanent residence from a foreign country.

PCR Tests No Longer Required for Entry

As of October 21, 2022, the requirement to provide a negative PCR test for COVID-19 for entry to Russia were abolished for all foreign citizens. Previously, most foreign nationals were required to provide a negative PCR test, taken within 48 hours before crossing the border.

Also PCR tests were abolished for Russian citizens returning from abroad. Previously, they were required to complete the test within three calendar days upon entry into Russia and upload the results to Gosuslugi.

The requirement to complete the arrival questionnaire upon arrival is still in force for both foreigners and Russian citizens.

Notification Regarding Citizenship or Permanent Residence in a Foreign Country

Citizens of the Russian Federation (with the exception of those who permanently reside outside the Russian Federation) must submit written notification of the receipt of a residence permit or other document for the right of permanent residence in a foreign state to the territorial body of the Ministry of Internal Affairs of Russia at the place of residence within 60 days from the date of receipt of the relevant document.

If a citizen is located outside of the Russian Federation, they must submit this notification within 30 calendar days from the date of entry into the Russian Federation.

Failure to file this notification is a criminal offense and is punishable by a fine of up to 200,000 rubles or in the amount of the convicted person’s salary or other income for a period of up to one year or compulsory work for up to 400 hours.

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5. SWITZERLAND

Nationals of countries with which Switzerland holds permanent residence agreements now must also show local language proficiency when applying for permanent residence.

Language competence is generally considered to be the ability to communicate in a national language in everyday life. The Swiss legislature attaches considerable importance to the minimum linguistic integration of foreigners in Switzerland, considering it to be of strong public interest to ensure the acquisition of a minimum knowledge of one of the three official languages: French, German, and Italian. These are central to the integration of immigrant foreigners and to the cohesion of Swiss society.

Foreign nationals who come from a country with which a permanent residence agreement or a settlement treaty exists are entitled to a permanent residence permit after an uninterrupted residence of five years if the integration criteria are met and there are no grounds for revocation.

Switzerland has permanent residence agreements with Belgium, Germany, Denmark, France, Liechtenstein, Greece, Italy, Netherlands, Austria, Portugal, and Spain.

Foreign nationals must prove that they have oral language skills at least at reference level A2 and written language skills at least at reference level A1 in the local official language spoken at their place of residence in order to obtain permanent residence. Nationals of countries with which permanent residence agreements exist must also provide evidence of language skills in accordance with recent case law of the Federal Supreme Court (ruling BGer 2C_881/2021 of 9 May 2022 E. 4.2. and 4.3).

Previously, nationals from the countries noted above did not need to prove language proficiency to obtain a permanent residence permit in Switzerland. This change has been incorporated into the guidelines that the State Secretariat for Migration publishes for the benefit of executing authorities, such as the cantonal migration offices, as well as the interested public, in its newest iteration as of October 1, 2022 (4 Aufenthalt mit Erwerbstätigkeit (admin.ch), available in the three official national languages).

Test results showing local language proficiency at the required levels should be submitted when applying for permanent residence. For those nationals who speak the relevant local language already by virtue of having grown up in a country where the same language is spoken, documentation showing years spent in the schooling system or studying at a university are an alternative.

The language-skill requirement does not always apply. In case of disability, illness, or other weighty personal circumstances, it may be waived. On a last and lighter note, there is no requirement to learn and speak Swiss-German, a dialect which, to the relief of many, is not an official national language.

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6. UNITED KINGDOM

The Home Office has reduced some of the reporting requirements for sponsors and made other helpful changes.

Highlights of the main updates in the new Home Office guidance include:

Delayed Work Start Dates

Many sponsors are familiar with the reporting requirements where the United Kingdom work start date for a Skilled Worker application becomes delayed. Changes in the guidance include:

• Only report if the delay is over 28 days. Rather than always having to report any delayed work start date, now sponsors only need to do so if the delay is over 28 days. The delay must be reported no more than 10 working days after the end of the 28-day period.
• More flexibility for delays over 28 days. Before this new guidance, if the work start date was delayed by more than 28 days, the sponsor needed to cancel the sponsorship. The only exception was if the worker was working out a contractual notice period with their previous employer. The new guidance includes further “acceptable reasons” for a delay over 28 days. The new list includes:

• Travel disruption due to a natural disaster, military conflict, or pandemic;
• The worker must work out a contractual notice period for their previous employer;
• The worker requires an exit visa from their home country and there have been administrative delays; or
• Illness, bereavement, or other compelling family or personal circumstances.

This is not an exhaustive list and each case will be judged on its merits, but sponsors should be aware that the sponsored worker’s permission to work could later be canceled if the reason stated in the delayed start date report is not deemed acceptable by the Home Office.

When the 28-day period starts. The previous guidance stated that once a sponsored worker’s visa application had been approved, they needed to start working in the UK within 28 days of the later of: (1) the start date in their certificate of sponsorship; (2) the valid-from date of the visa; or (3) the date of approval of the application. The new guidance changes the last option from the date of approval to the date on which the worker is notified of the decision.

Other Changes

The new Home Office guidance also includes some other changes for sponsors:

• Sponsored worker on unpaid leave for more than 4 weeks. If a sponsored worker is absent from work and unpaid for over four weeks in a calendar year, the sponsorship needs to end. In the previous guidance there was a defined list of exceptions such as parental leave or sick leave. Now the new guidance goes further, as “compelling or compassionate circumstances” will also be considered. Again, once the reason is stated in the report, it could be that the sponsored worker’s permission to work will be canceled if the Home Office is not satisfied with the reason.

• Immigration Skills Charge concession for certain Senior or Specialist Worker applications. Subject to approval of the legislation (this change is not in effect yet), starting January 1, 2023, the Immigration Skills Charge (normally £1,000 per year of the visa) for certain Senior or Specialist Worker (previously known as Intra-Company Transfer) applications will not need to be paid. This is for international transfers within the same corporate group for up to three years, where the sponsored worker is a European Union (EU) or Latvian non-citizen (not a citizen of Iceland, Norway, Liechtenstein, or Switzerland) and transferring from a business established in the EU.

Details:

• “Workers and Temporary Workers: Guidance for Sponsors, Part 2: Sponsor a Worker,” Gov.UK.

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7. New Publications and Items of Interest

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

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

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8. ABIL Member / Firm News

Charles Kuck (bio: https://www.abil.com/abil-lawyers/charles-kuck/) authored a new blog post: “Attention Georgia Companies: How NOT to Recruit a Foreign Workforce,” published by Global Atlanta as part of Kuck Baxter Immigration‘s sponsorship. https://www.globalatlanta.com/attention-georgia-companies-how-not-to-recruit-a-foreign-workforce/

Mr. Kuck was quoted by Law360 in “Feds Grant Ukrainians, Afghans Immediate Work Authorization.” Mr. Kuck, who helps lead the IMMPact Litigation team representing Ukrainians in a lawsuit, said he was pleased that USCIS changed its policy. However, he said his clients also sought a court order forcing USCIS to repay Ukrainians who had already paid the work permit application fee. “We are exceptionally happy that USCIS finally did almost the right thing [and] we look forward to them doing the complete right thing shortly, or litigation will continue,” he said. The litigation had not covered Afghans who fled Afghanistan, but Mr. Kuck said his team intended to revise the case to include Afghans based on a September 2021 congressional measure that entitled Afghans to refugee benefits. https://www.law360.com/articles/1552063/feds-grant-ukrainians-afghans-immediate-work-authorization (registration required)

Gomberg Dalfen was recognized by The Globe and Mail as one of Canada’s Best Law Firms 2023. https://www.theglobeandmail.com/business/rob-magazine/article-best-law-firms-canada/; company link: https://gombergdalfen.ca/

Klasko Immigration Law Partners, LLP, published a new blog post: “I Have an H-1B Visa and Just Got Laid Off. What Do I Need to Know?” https://www.klaskolaw.com/h-1b-employment/h-1b-layoff-infographic-for-employees/

Mazzeschi S.r.l. launched a new website dedicated to the investor visa for Italy. https://www.investorvisaitaly.it/

Mazzeschi S.r.l. released the November 2022 issue of Italian Immigration & Citizenship. https://www.mazzeschi.it/mazzeschi-asiadesk/wp-content/uploads/2022/10/Magazine-Nov-2022-compressed.pdf

Cyrus Mehta (bio: https://www.abil.com/abil-lawyers/cyrus-d-mehta/) was quoted by the Times of India in “Laid-Off Indian H-1B Workers Plead for Help as Clock Ticks.” He noted that when an H-1B worker is laid off or terminated, they get a 60-day grace period that allows them to remain in the H-1B status to find a new job. “The new employer must file the H-1B within the 60-day period. This 60-day period may not be enough to find a new job. The H-1B worker should negotiate that their employment with the company that is terminating them be extended as long as possible as the 60-day grace period will only trigger when the paid employment is terminated.” An Indian worker, he said, is disadvantaged because of green card backlogs caused by per-country limits. Mr. Mehta said that the Biden administration can help by changing the 60-day grace period rule to allow more time for H-1B workers to remain in the United States, but he noted that a rule change would take time. “The administration must also be inclined to do this,” he said. https://timesofindia.indiatimes.com/business/india-business/laid-off-indian-h-1b-workers-plead-for-help-as-clock-ticks/articleshow/95497003.cms

Mr. Mehta authored several new blog posts: “Guide to Terminated Noncitizen Workers: Preserving Nonimmigrant Status and Permanent Residency Options,” http://blog.cyrusmehta.com/2022/11/guide-to-terminated-nonciitzen-workers-preserving-nonimmigrant-status-and-pemrnaent-residency-options.html; “Why the AILA Law Journal Is Important,” http://blog.cyrusmehta.com/2022/11/3907.html

Mr. Mehta and Kaitlyn Box co-authored several new blog posts: “DOL Fails to Side With H-1B Worker Who Claimed Back Wages Against Employer After Being Terminated,” http://blog.cyrusmehta.com/2022/10/dol-fails-to-side-with-h-1b-worker-who-claimed-back-wages-against-employers-after-being-terminated.html; “A Tale of Two Cases: Washtech v. DHS and Texas v. USA: To What Extent Can the Executive Branch Allow Noncitizens to Remain and Work in the U.S.,” ; and “Layoffs Will Hurt Nonimmigrant Workers the Most, Especially Indian Born, But the Biden Administration Can Provide Relief,” http://blog.cyrusmehta.com/2022/11/layoffs-will-hurt-nonimmigrant-workers-the-most-especially-indian-born-but-the-biden-administration-can-provide-relief.html

Mr. Mehta and Jessica Paszko co-authored a new blog post: “USCIS Guidance Enabling STEM Graduates to Obtain O-1 Extraordinary Visas Should Apply Equally to EB-1 Extraordinary Ability Petitions for Green Cards.”

Cyrus D. Mehta & Partners PLLC published a new blog authored by Stacy Caplow: “Biden’s Pardons: The First Drops in a Big Bucket of Criminal Reform.” http://blog.cyrusmehta.com/2022/10/bidens-pardons-the-first-drops-in-a-big-bucket-of-criminal-reform.html

Siskind Susser, PC announced its formal collaboration with Fastcase on a new case management system built around the content of the Cookbook co-authored by Ari Sauer and Greg Siskind. In addition to checklists, client questionnaires, and process steps, the product will have document templates, sample government forms, “cheat sheets” to help lawyers avoid submitting cases before every necessary step is taken, and detailed overviews of the law applicable to a particular case type. A limited version of the product is expected to be available in early 2023, with full release anticipated later in the year. https://www.fastcase.com/blog/visalaw-immigration-law-firm-partners-with-fastcase-to-develop-novel-ai-software/

Wolfsdorf Rosenthal LLP released a webinar video, “I-9 Form Process & Updates Part 2.” WR immigration attorneys Kimberley Best Robidoux and Michelle Harmon review the process used to complete Form I-9 work authorization verification, especially for foreign national employees and in those unusual instances when individuals provide a receipt notice or documents not specifically listed on the list of Acceptable Documents to show identity and/or work authorization. https://wolfsdorf.com/webinar-i-9-form-process-updates-part-2/

WR Immigration released a webinar video: “H-1B Cap Season—How the Current Economic Climate Will Affect This Season.” Topics include the current labor and recruiting environment; key H-1B registration, lottery, and petition filing timelines; understanding current trends; and organization strategies and tips. https://wolfsdorf.com/webinar-h-1b-cap-season-how-the-current-economic-climate-will-affect-this-season/

WR Immigration was ranked National and Regional Tier 1 in the 2023 U.S. News & World Report’s “Best Law Firms.” WR Immigration was ranked Metropolitan Tier 1 in Boston, Los Angeles, and San Diego, and Metropolitan Tier 2 in New York City and San Francisco. https://wolfsdorf.com/wr-immigration-ranked-in-2023-best-law-firms/

WR Immigration published a new blog post and webinar: “H-1B Cap Season: Employer Considerations in the Event of a Recession.” A link to the webinar is at the end of the blog post. https://wolfsdorf.com/h-1b-cap-season-employer-considerations-in-the-event-of-a-recession/

WR Immigration published a new blog post: “EB-5 Project Due Diligence, After the EB-5 Reform and Integrity Act of 2022.” https://wolfsdorf.com/eb-5-project-due-diligence-after-the-eb-5-reform-and-integrity-act-of-2022/

Stephen Yale-Loehr (bio: https://www.abil.com/abil-lawyers/stephen-yale-loehr/) was quoted by the Wall Street Journal in “Afghan Evacuees in Limbo While Seeking Permanent Legal Status in the U.S.” He said, “While some members of the public think everyone from Afghanistan should get asylum, our system just doesn’t work that way.” https://on.wsj.com/3UKhoZB

Mr. Yale-Loehr was quoted by the Associated Press in “Posts Misrepresent Border Encounters With People on Terror Watchlist.” The article discusses misleading claims by House Republican leader Kevin McCarthy and others that almost 100 people on the watchlist recently entered the United States across the border. The article notes that U.S. Customs and Border Protection (CBP) reported 98 Border Patrol encounters with non-U.S. citizens on the watchlist who crossed the southwest border between U.S. ports of entry in fiscal year 2022. Every person counted as part of that tally, however, was stopped and detained by CBP, and that figure possibly included people who crossed multiple times. “To say that 98 terrorists made it into the U.S. is an exaggeration. These 98 were all caught,” Mr. Yale-Loehr said. https://apnews.com/article/fact-check-border-terrorist-watchlist-630330935018

Mr. Yale-Loehr was quoted by FactCheck.org in “Misleading Attack About Democrats and Criminal Immigrants.” The article discusses an ad from a conservative group, Citizens for Sanity, that misleadingly claims that “every Senate Democrat voted against deporting criminal illegal immigrants,” and mischaracterizes the criminal record of an undocumented person. Mr. Yale-Loehr noted that the Trump administration considered anyone who broke an immigration law to be deportable. On the heels of President Trump’s policy changes, the article notes, the number of such interior arrests rose 30% in fiscal year 2017 and rose again the following year before falling a bit in fiscal 2019, according to the Pew Research Center. But even at its peak, the number was still “far lower than during President Barack Obama’s first term in office.” Mr. Yale-Loehr also pointed out that a rise in people put into immigration proceedings does not mean they were immediately deported, because such cases can take years to adjudicate. https://www.factcheck.org/2022/10/misleading-attack-about-democrats-and-criminal-immigrants/

Mr. Yale-Loehr spoke at a webinar on recent administrative changes to help immigrant workers in STEM fields. The free webinar, sponsored by the American Immigration Council, was held October 25, 2022/ See https://aila-org.zoom.us/webinar/register/WN_DdU_yCSYR5CdNeuUe2145w

Mr. Yale-Loehr and Janine Prantl co-authored an op-ed, “Let Private Citizens Sponsor Refugees,” published in the New York Daily News. https://www.nydailynews.com/opinion/ny-oped-let-private-citizens-sponsor-refugees-20221015-dtepnanthfegnpf6anjirwt3by-story.html

Mr. Yale-Loehr was quoted by the Gothamist in “For New York City ‘Dreamers,’ Now is the Time to Act on Immigration Reform.” He said immigrant rights advocates are “working hard behind the scenes” to get legislation passed after the midterm elections. “One possible legislative package might include [Deferred Action for Childhood Arrivals] plus border security reforms,” he said. https://gothamist.com/news/for-new-york-city-dreamers-now-is-the-time-to-act-on-immigration-reform

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In this issue:

1. VISA OPTIONS FOR TELECOMMUTERS/REMOTE WORKERS: AN OVERVIEW – This article provides an overview of visa options for telecommuters and remote workers in several countries.

2. COLOMBIA – There is a new regime for visa procedures and processing.

3. ITALY – A faster immigration procedure for limited categories of work permits has been introduced. The Italian minister of internal affairs has announced that a new Decreto Flussi will be published soon, with a planned number of 75,000 quotas for work. Also, Italy has introduced a new visa for seafarers (yacht crew).

4. MEXICO – There is a new visa requirement for Brazilian nationals.

5. RUSSIA – There are a variety of new developments: COVID-19 restrictions have been lifted. Ukrainian citizens can receive Russian citizenship through a simplified procedure. The labor code has been amended regarding medical insurance for foreign workers. There are additional developments in medical examination requirements and residence permits. Address registration requirements for citizens of Uzbekistan have been relaxed.

6. SCHENGEN AREA – What’s next in the Schengen Area? This article provides highlights on the new automated Entry/Exit System and the European Travel Information and Authorization System.

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

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

Download:

ABIL Global Immigration Update – August 2022

1. VISA OPTIONS FOR TELECOMMUTERS/REMOTE WORKERS: AN OVERVIEW

This article provides an overview of visa options for telecommuters and remote workers in several countries.

INTRODUCTION

What began during the pandemic as a way for countries seeking to mitigate economic losses due a sharp decline in tourism by introducing digital nomad visas has developed into a broader trend aimed at providing viable options to reflect the economic reality of remote work. This has led to the introduction of new digital nomad visas, the revision of policies connected to existing visa programs, and the rediscovery of existing visa categories conducive to remote work. Below is a brief survey of the new and old remote work visa options in several countries.

Barbados

Barbados was among the early adopters of digital nomad visa programs. The Barbados program remains attractive for its easy application process and low cost. Its 12-month Welcome Stamp digital nomad visa requires only that the foreign national demonstrate evidence of a salary of at least US $50,000 per year for a position with a company based outside Barbados. If this requirement is met, the application can be submitted via a streamlined online process under which application fees are only due once the application is approved. To make the program even more appealing, foreign nationals present in Barbados under the program are not subject to income tax.

Colombia

Resolution 5477, effective October 20, 2022, creates a Visitor Visa for Digital Nomads, among other things. This new category will allow foreigners to work remotely from Colombia, through digital media and the Internet, for foreign companies or create digital content or information technology startups of interest for Colombia, by means of a permit or visa, depending on the particular circumstances.

Italy

Italy is introducing the categories of Digital Nomads and Remote Workers, defined as “citizens of a third country who carry out highly qualified work activities through the use of technological tools that allow work remotely, autonomously, or for a company based outside Italy.”

The Digital Nomad Visa will be under the category of permits of stay that Italy grants to third-country nationals to allow them to carry out their work remotely. The proposal submitted to the Houses of Parliament has been approved and converted into law (L. 55 del 28 Marzo 2022, art. 6-quinquies). The implementing provisions, such as the application requirements and the procedure for granting and issuing the permit, will be transposed into the Italian Consolidated Immigration Law—Testo unico sull’immigrazione (Legislative Decree no. 286 of 1998).

For these categories of workers, it will not be necessary to apply for a work permit before applying for the visa. A visa will be issued on the basis of the availability of comprehensive health insurance, covering all risks in Italy and provided that tax and social security obligations are met.

This permit is expected to apply both to:

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

To enable this type of visa, the Italian government will issue a decree implementing this decision. Unfortunately, such decree has not been issued yet.

Mexico

Mexico has long had what is essentially a digital nomad visa without the trendy “digital nomad” name. For those foreigners seeking to come to Mexico and continue working remotely for a foreign company, Mexico offers the Non-Lucrative Temporary Resident Card (TRC), which will allow them to reside in Mexico, initially for one year, and up to four consecutive years if the corresponding renewals are requested while they continue on the payroll of a foreign company. Applicants can prove sufficient funds to qualify for the visa by presenting evidence either of a regular monthly salary or of significant liquid funds (e.g., funds in a checking or savings account).

The TRC allows employees to carry out their work remotely. The card gives the employee the right to open bank accounts, lease a house or apartment, and rent a car.

Application for a TRC must be made directly at a Mexican consulate abroad. The applicant must provide evidence to the consular officer who interviews him of the reason why the applicant is coming to Mexico. If the interview is successful, the consular officer will grant a consular visa. Upon arrival in Mexico, the applicant will have his FMM (immigration form received during the flight into Mexico) validated and, immediately afterwards, must exchange the consular visa and FMM for a TRC by visiting the local office of the National Immigration Institute (INM) at the port of entry.

The TRC has historically been a popular option with foreign nationals who need to leave the United States due to immigration issues (e.g., not being selected in the H-1B lottery or maxing out of H-1B time) but wish to remain nearby and be able to perform their U.S.-based work remotely. Although from an immigration perspective this type of visa allows the foreigner to work remotely, employment and tax issues must be considered. A case-by-case assessment is recommended.

Portugal

Portugal has long had the D7 visa for those who wish to spend an extended period of time there, often in retirement. It has historically been granted to those who can demonstrate proof of ongoing stable passive income, such as from a pension, real estate, or investment dividends, together with a clean criminal record and sufficient health insurance, among other requirements. Although Portugal has not introduced a new digital nomad visa, the country has informally relaxed its policies so that it is now possible for foreigners who will have income from remote work (as opposed to passive income from a pension or other non-work source) to obtain the D7 visa. Evidence of monthly income of at least EUR 705 is required to qualify, together with the usual evidence of a clean criminal record and adequate health insurance coverage, as noted above. The low monthly income requirement and affordable cost of living in Portugal make it a particularly attractive option for digital nomads.

Spain

As with Portugal, Spain has long had a residence visa option for retirees/passive income recipients, known as the Non-Lucrative Visa. This option requires proof of income equivalent to 400 percent of the Spanish Public Indicator of Income of Multiple Effects (IPREM), which amounts to a monthly income of approximately EUR 2317. There has been debate over the years as to whether it is possible to work remotely in Spain on a Non-Lucrative Visa, with various Spanish consulates disagreeing on their approach and requirements. It appears that the Spanish government is taking a harder line recently against allowing foreign nationals to qualify for a Non-Lucrative Visa on the basis of remote work. This may be because Spain has now taken action toward introducing a new digital nomad visa type specifically for remote work. This new visa type will allow those who work for a company outside Spain to reside in Spain. It also includes special tax provisions addressing how digital nomads will be taxed, which is helpful as this is unclear in some countries with similar programs. It is not yet possible to apply for the digital nomad visa, so it remains to be seen exactly what Spanish consulates will require for applications, although it is generally expected that requirements will include an employment contract with a company outside Spain evidencing sufficient income to live in Spain, plus the usual evidence of a clean criminal record and adequate health insurance.

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2. COLOMBIA

There is a new regime for visa procedures and processing.

On July 22, 2022, the Ministry of Foreign Affairs issued Resolution 5477 regarding the procedural, administrative, and processing aspects of visas in Colombia. The resolution is effective October 20, 2022.

Among other things, the resolution provides for a digital nomad visitor visa (see feature article above). Also created by the resolution is an Internationalization Promotion Visa, for foreigners with a master’s, doctorate, or postdoctorate degree in basic or applied sciences, engineering, mathematics, or related fields, whose profiles meet Colombia’s priorities or contribute to the adoption and/or adaptation of technologies that strengthen Colombia’s competitiveness. Although the Technical Assistance Visitor Visa will be valid for up to two years, the stay is limited to 180 continuous or discontinuous days in 365 days counted from issuance of the visa. The Resident Investor Visa will disappear, and a foreigner will need to apply for a Migrant Visa and be able to apply for a Resident Visa on the basis of accumulated time. Also, a Seasonal Agricultural Worker Visitor Visa is created, and student visas are regrouped into a single category, the Visitor Visa for Students.

Details:

“15 Things You Should Know About the New Regime Applicable to Visas in Colombia,” Tannus & Asociados, https://tannus.co/en/15-things-you-should-know-about-the-new-regime-applicable-to-visas-in-colombia/

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3. ITALY

A faster immigration procedure for limited categories of work permits has been introduced. The Italian minister of internal affairs has announced that a new Decreto Flussi will be published soon, with a planned number of 75,000 quotas for work. Also, Italy has introduced a new visa for seafarers (yacht crew).

Faster Immigration Procedure for Limited Categories of Work

The procedure for obtaining work permit (Nulla Osta) clearance for non-European Union (EU) citizens in relation to the application for subordinate work under the 2021 and 2022 Decreto Flussi (to be announced soon) has been officially simplified.

This measure has been introduced by the government as Italy is facing a shortage of manpower in many production sectors (e.g., manufacturing, agriculture, catering).

However, the simplification measure does not apply to all types of work permits. Specifically, this procedure will apply to work permit applications for subordinate work submitted under the Decreto Flussi of 2021 and 2022. It does not apply to intra-company permits, Blue Card permits, and other permits for special categories of workers set forth under article 27 of the Immigration Law (e.g., journalists, nurses, translators, researchers).

Details of the simplification procedure:

• Timing:
  1) The work permit will be issued within 30 days, instead of 60 days.
  2) The visa will be issued within 20 days from the day of its request.
• Requirements to start working in Italy:
  The work permit issued under the conditions specified above will be considered as authorization to carry out the work activity on the national territory even without prior signing of the contract of stay and request for a residence permit for work reasons.

This does not mean that the signing of the contract of stay and the request for a residence permit are not required. The simplification procedure allows the foreigner to start working before carrying out these formalities, but they must be completed in the manner requested by the Italian authorities. Furthermore, if the Italian authorities later find out that the foreigner does not comply with all the requirements, the work permit and visa can be revoked.

Decree With Additional Immigration Quotas To Be Approved Soon

The Italian minister of internal affairs has announced that a new Decreto Flussi will be published soon, with a planned number of 75,000 quotas for work. There is a lack of staff in specific sectors of activities, the minister said.

The decree is expected not only to increase the quotas in the unskilled work sector (highly skilled workers are exempt from obtaining quotas so will not be affected by the decree) but also to make available new quotas for conversion from study to work and self-employment, including startup visas.

Visa for Seafarers (Yacht Crew)

Italian Immigration rules for work permits and/or visas are not simple, and the situation for some sectors can be troublesome because legislation does not always provide specific types of work permits. The approval of a new rule is expected to help the immigration process for seafarers. Italy has introduced a new visa for seafarers (yacht crew), which does not require them to apply for a work permit.

Key points include:

• Seafarers will be able to apply for this visa directly at the Italian consulate.
• The visa is for seafarers/crew members who need to board EU or non-EU flagged vessels based in Italian harbors.

Details:

• Articles, Mazzeschi, https://www.mazzeschi.it/insights/articles/

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4. MEXICO

PASTE_TEXT_HERE

There is a new visa requirement for Brazilian nationals.

On August 3, 2022, an agreement was published in the Official Gazette requiring Brazilian nationals to obtain a consular Visitor Visa before entering Mexico. As of August 18, 2022, all Brazilians, including those traveling by air, who wish to enter the Mexican national territory as visitors without remunerated activities (e.g., Tourists or Business Visitors) must apply for a consular visa at the Mexican consulate closest to their residence, which will allow them to enter Mexico for up to 180 days. If a Brazilian national possesses any of the documents or visas listed below, a Mexican consular visa is not needed:

• A valid and in-force visa granted by the government of Canada, the United States, Japan, the United Kingdom, or Northern Ireland, or by any country that is part of the Schengen area;
• Documented permanent residence in the United States, Canada, Japan, United Kingdom, or Northern Ireland, or in any country that is part of the Schengen area or permanent residence in Colombia, Chile, or Peru (countries that are part of the Pacific Alliance); or
• An Asia-Pacific Economic Cooperation (APEC) Business Travel Card.

Details:

• “Mexico’s Ministry of the Interior Issues New Visa Requirement for Brazilian Nationals Traveling to Mexico,” National Law Review, Aug. 7, 2022, https://www.natlawreview.com/article/mexico-s-ministry-interior-issues-new-visa-requirement-brazilian-nationals-traveling

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5. RUSSIA

There are a variety of new developments: COVID-19 restrictions have been lifted. Ukrainian citizens can receive Russian citizenship through a simplified procedure. The labor code has been amended regarding medical insurance for foreign workers. There are additional developments in medical examination requirements and residence permits. Address registration requirements for citizens of Uzbekistan have been relaxed.

COVID-19 Restrictions Lifted

On July 15, 2022, a Government Order came into force that lifted all previously implemented restrictions for entry and exit to and from Russia by Russian citizens and foreign citizens irrespective of their citizenship, as well as purpose, grounds, points of entry, and other conditions implemented in connection with the COVID-19 pandemic.

All foreign citizens are no longer required to be entered into the Ministry of Internal Affairs and the Federal Security Service lists in order to enter Russia. For entry, foreign citizens need all the usual documents (passport, visa if necessary), and additionally it is still necessary to present a negative PCR-test done not earlier than 48 hours before crossing the border. The PCR test requirement does not apply to citizens of the Republic of Belarus or citizens of the EA/EU traveling across land borders into the Russian Federation.

Restrictions for issuance of e-visas for short visits also have been lifted.

Presidential Order: Ukrainian Citizens Can Receive Russian Citizenship Through a Simplified Procedure

On July 11, 2022, a Presidential Order came into force that amended previously issued orders introducing simplified procedures for obtaining Russian citizenship for several categories of foreign nationals. According to the order, Ukrainian citizens and their spouses, parents, and children (including adopted) can apply for Russian citizenship under a simplified procedure. Among other things, it is not necessary to have a source of income in Russia or prove residence in Russia. Submitted applications are reviewed within three months from the date of filing.

Medical Insurance for Foreign Workers: Amendments to the Labor Code

On July 14, 2022, a Federal Law came into force that amended the Labor Code, in part connected with a requirement that foreign nationals who perform labor activities in Russia must be insured.

At the moment, all foreign nationals who perform labor activities in Russia must have voluntary medical insurance. Employers must indicate the voluntary medical insurance certificate (or agreement for provision of voluntary medical insurance) data in the labor agreement signed with the employee.

Starting January 1, 2023, this requirement will be abolished for all foreign workers except for highly qualified specialists who temporarily reside in the territory of the Russian Federation.

It appears, that highly qualified specialists who acquired residence permits on the basis of their HQS work permits will also be exempt from the voluntary medical insurance requirement.

Medical Exams, Residence Permit Simplified Procedure, Temporary Residence Permit for Foreign Students

On July 14, 2022, a Federal Law came into force that amended several laws on the status of foreign citizens in the Russian Federation.

Medical examination of foreign citizens:

• Highly Qualified Specialists now must undergo medical examination not annually but when they apply for a work permit extension.
• Foreign citizens who entered the Russian Federation before December 29, 2021, for purposes not related to their labor activities, for a period exceeding 90 calendar days, or for the purpose of carrying out labor activities, must undergo medical exams, fingerprinting, and photographing procedures within 180 days starting July 14, 2022.
• Foreign citizens who have the right to perform work activities in the Russian Federation without a work permit or patent (citizens of the EA/EU) must undergo medical exams, fingerprinting, and photographing procedures within 30 calendar days from the date of the labor agreement signing (in case they change the purpose of visit), but in any case not later than 90 calendar days from the date of entry to Russia.

Residence permit—simplified procedure:

• Citizens of Ukraine, Kazakhstan, and Moldova can apply for a permanent residence permit, skipping the stage of the temporary residence permit. Additionally, citizens of Ukraine are exempt from the requirement of passing Russian language, history, and basics of legal knowledge tests when applying for temporary or permanent residence.
• Foreign investors can also apply for a permanent residence permit without the temporary residence permit stage. To benefit from this program, they must meet criteria to be established by the government (the criteria have not yet been defined). This will come into force on January 10, 2023.

Change of entry purpose/temporary stay of foreign nationals in Russia:

• The temporary stay of a foreign national in the Russian Federation can be extended if the foreign citizen has filed documents for a temporary residence permit, permanent residence permit, or an application for Russian citizenship based on the fact that he or she is a native speaker of the Russian language, or an employer of the foreign citizen has filed an application for a highly qualified specialist work permit or for extension of the highly qualified specialist work permit.
• Foreign citizens who can enter the Russian Federation without a visa can change their purpose of visit within Russia without having to leave and re-enter the country again and file documents. Documentation for a change of the purpose of visit must be filed at the local migration office of the Ministry of Internal Affairs. Also required are fingerprinting and photographing procedures, as well as a medical examination. The time for application review can be shortened if a foreign citizen has their Tax Identification Number and this number is indicated on the application—in such cases, the application will be reviewed within five business days. If the Tax ID number is not indicated on the application, it will be reviewed within 10 business days.

Foreign students:

A new type of temporary residence permit has been introduced for foreign students who study in Russia under the following conditions:

• The study is full-time

• The study program is for a bachelor’s degree, specialty, master’s degree, residency program, or assistant internship

• The study program has state accreditation or this is a scientific or science teacher program in a graduate school (adjunct)

• The study is in a state educational or scientific organization

• The educational organization is in the territory of the Russian Federation

On this basis, the temporary residence permit is issued for the entire period of study plus 180 days after graduation. The application is reviewed within two months.

Foreign citizens who have received temporary residence permits using this program are exempt from the requirement to file yearly notifications confirming their stay in the Russian Federation.

Within three years after graduation, a foreign student who has a temporary residence permit acquired under this program can apply for a permanent residence permit.

The amendments related to the temporary residence permit for students are effective January 1, 2023.

Agreement With Uzbekistan: Relaxation of Address Registration Requirements

On June 4, 2022, an Agreement between the Government of the Russian Federation and the Government of the Republic of Uzbekistan came into force. According to the agreement, citizens of Uzbekistan have 15 calendar days to file for address registration after entry into the Russian Federation. Previously, address registration had to be obtained within 7 business days of arrival. The 15-calendar-day period is counted from the date of entry as indicated on the migration card.

The same right is enjoyed by Russian citizens entering Uzbekistan.

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6. SCHENGEN AREA

What’s next in the Schengen Area? This article provides highlights on the new automated Entry/Exit System and the European Travel Information and Authorization System.

New automated Entry/Exit System (EES)

The Entry/Exit System (EES) is an automated IT system for registering travelers from third countries, both short-stay visa holders and visa-exempt travelers, each time they cross an EU external border. The EES will replace the current system of manual stamping of passports, which does not allow for the systematic detection of overstayers (travelers who have exceeded the maximum duration of their authorized stay).

It is expected to be operational in 2022 (starting date to be confirmed). The system will register the person’s name, type of travel document, biometric data (fingerprints and captured facial images), and date and place of entry and exit.

The EES is intended to contribute to preventing irregular migration and to identifying overstayers more efficiently (and automatically) as well as cases of document and identity fraud.

European Travel Information and Authorization System

Starting in May 2023, non-European Union (EU) nationals who do not need a visa to travel to the Schengen Area will need to apply for travel authorization through the European Travel Information and Authorization System (ETIAS) before their trip. The system aims to carry out pre-travel screening for security and migration risks of visa-exempt visitors and will be a mandatory pre-condition for entry to the Schengen States.

Applicants will file an online application form, and the system will issue travel authorization in most cases within minutes or, where further checks on the traveler are needed, within 30 days. Applicants will need to submit information to answer questions about the Member State of their first intended stay, the purpose of their trip, background relating to previous criminal records, presence in conflict zones, and orders to leave the territory of a Member State or third countries. The applicant must report any criminal offense listed over the previous 10 years and, in the case of terrorist offenses, over the previous 20 years, including when and in which country.

Details:

• How to Count Your Schengen 90 Days, Marco Mazzeschi, https://medium.com/studiomazzeschi/how-to-count-your-schengen-90-days-ee96f5d25326

“Can You Enter the Schengen Area If You Have Past Criminal Convictions?,” Marco Mazzeschi, https://mm-63015.medium.com/can-you-enter-the-schengen-area-if-you-have-past-criminal-convictions-e2280bcc2ccb

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7. New Publications and Items of Interest

Understanding the UK visa categories. Kingsley Napley has released PowerPoint slides from its first webinar, “Immigration Rules Update – Understanding the UK Visa Categories.”

Alliance of Business Immigration Lawyers: ·

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

The latest published media releases include:

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

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

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

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8. ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, has released several new episodes in the Statutes of Liberty podcast series. In “Episode 29: EB-5 Regional Centers,” Klasko EB-5 attorneys discuss the latest updates to the EB-5 regional center program and what that means for investors, developers, and brokers. They also address what role they played in recent litigation and give advice on next steps for EB-5 clients. Attorneys Ron Klasko, Dan Lundy, and Allison Li address questions on what a federal district court judge’s preliminary injunction means and more, including:

• Is the regional center program fully operational now?
• Can regional centers file project approval applications now?
• When can investors file I-526s?
• Are there any risks for investors who file I-526 petitions?
• What if an existing regional center wants to change or extend its geographic territory?

In “Episode 28: Introduction to the EB-1 Visa,” , Klasko’s EB-1 attorney team discusses the fundamentals of EB-1, gives an overview on how to prepare for a successful EB-1 petition, and covers ways to increase your chances of approval. Anu Nair, Allie Dempsey, and Nigel James answer these need-to-know questions before starting your EB-1 application:

• Do you need a sponsor?
• What are the benefits?
• What criteria are needed?
• What are some alternative options?

The podcast episodes are available at .

Kristin Peresta, of Klasko Immigration Law Partners, LLP (KILP), was recently awarded the Lisa Felix Award. Lisa Felix was an attorney at KILP who died in 2020 after a long illness. Ms. Peresta, KILP’s Director of Client Communications & Workload, was awarded the inaugural Lisa Felix Award “for her innate ability to spread unconditional, unwavering, and selfless kindness among the KILP community.”

Alison Li has joined Klasko Immigration Law Partners, LLP, as an associate attorney. She has nearly a decade of immigration law experience and works with regional centers, developers, and investors who seek to use foreign investment capital under the EB-5 program to fund job-creating projects. In addition to her work in EB-5, Ms. Li has assisted numerous clients in obtaining E, H, and L visas, among others. She has experience in consular processing through U.S. embassies and consulates worldwide. https://chambers.com/articles/klasko-immigration-law-partners-welcomes-associate-alison-li

Charles Kuck (bio: https://www.abil.com/abil-lawyers/charles-kuck/) was on a panel discussing Georgia’s six-week ban on abortions that is pending in courts. Mr. Kuck was quoted as saying that federal courts have never taken away a right that people already had, which leaves the right up to the states to guarantee. GPB News, June 27, 2022, https://www.gpb.org/news/2022/06/27/political-rewind-georgias-six-week-ban-on-abortions-pending-in-courts-candidates

Robert Loughran (bio: https://www.abil.com/abil-lawyers/robert-f-loughran/) released several Foster LLP announcements:

• Chairman Charles Foster discussed U.S. immigration policy and border protection on a recent episode of KPRC Newsmakers with Khambrel Marshall. Click here to watch the interview:
• Avalyn Langemeier presented “Next Level Immigration Knowledge—Latest Updates and Impacts” at HR Houston’s Gulf Coast Symposium on July 27, 2022. She discussed the latest updates to immigration policy and the impact they will have on the immigration process. https://www.hrhouston.org/mpage/GCS22_Home
• Oxana Bowman and Brenda Hicks presented “Riding the Pandemic Roller Coaster with H-1B Workers—A Review of H-1B Requirements When Employment Terms Change” at HR Houston’s Gulf Coast Symposium on Thursday, July 28. She provided HR professionals with a basic understanding of the special requirements related to changes in the employment of H-1B workers. https://www.hrhouston.org/mpage/GCS22_Home

Cyrus Mehta (bio: https://www.abil.com/abil-lawyers/cyrus-d-mehta/) has been named Editor-in-Chief of the American Immigration Lawyers Association Law Journal. Mr. Mehta is Managing Partner of Cyrus D. Mehta & Partners PLLC in New York City and is a graduate of Cambridge University and Columbia Law School. He has served in varied national roles with AILA, currently continuing his long-time service with AILA’s Ethics Committee as Vice Chair. Mr. Mehta is a board member of the New York Immigration Coalition and is a board member of Volunteers of Legal Services. He is also special counsel on immigration matters to the Departmental Disciplinary Committee, Appellate Division, First Department, New York. https://www.aila.org/advo-media/press-releases/2022/aila-law-journal-welcomes-new-editor

Cyrus Mehta (bio: https://www.abil.com/abil-lawyers/cyrus-d-mehta/) authored several new blog posts: “The Long, Windy, Bumpy, and Outrageous Road to Labor Certification,” http://blog.cyrusmehta.com/2022/08/the-long-windy-bumpy-and-outrageous-road-to-labor-certification-feat-two-sunday-ads.html; and “Considerations When Terminating a Foreign Worker,” http://blog.cyrusmehta.com/2022/07/considerations-when-terminating-a-foreign-worker.html

Mr. Mehta and Kaitlyn Box co-authored several new blog posts: “Justice Barrett and the Fate of the Mayorkas Prosecutorial Discretion Memo,” http://blog.cyrusmehta.com/2022/08/justice-barrett-and-the-fate-of-the-mayorkas-prosecutorial-discretion-memo.html; and “A Practical Guide to Spending the 3 and 10 Year Bars in the United States,” http://blog.cyrusmehta.com/2022/07/a-practical-guide-to-spending-the-3-and-10-year-bars-in-the-us.html

Angelo Paparelli (bio: https://www.abil.com/abil-lawyers/angelo-paparelli/) has authored a new blog post, “A Snitch in Time Saves How Many?—Incentivizing Noncitizens to Report Employment Law Violations.” https://www.nationofimmigrators.com/biden-administration-immigration-policies/a-snitch-in-time-saves-how-many-incentivizing-noncitizens-to-report-employment-law-violations/

Wolfsdorf Rosenthal Immigration and Banias Law filed a complaint in the U.S. District Court for the District of Columbia on August 5, 2022, on behalf of hundreds of Chinese foreign national plaintiffs. The complaint asks the court to compel the Department of State to authorize FY 2022 EB-5 immigrant visa numbers to be allocated to all plaintiffs and their families by September 30, 2022, and to process their immigrant visa applications promptly. https://wolfsdorf.com/press-release-wr-immigration-files-lawsuit-to-stop-wastage-of-eb-5-investor-visas/

Wolfsdorf Rosenthal LLP has posted several new blog entries: “Italy: Faster Immigration Procedure for Limited Categories of Work,” https://wolfsdorf.com/italy-faster-immigration-procedure-for-limited-categories-of-work/; “USCIS Confirms Validity of Previously Designated EB-5 Regional Centers,” https://wolfsdorf.com/uscis-confirms-validity-of-previously-designated-eb-5-regional-centers/; and “Judge Orders USCIS To Begin Accepting New EB-5 Regional Center Investment Applications—FAQ for Investors,” https://wolfsdorf.com/judge-orders-uscis-to-begin-accepting-new-eb-5-regional-center-investment-applications/

Charina Garcia and Melissa Harms, of Wolfsdorf Rosenthal LLP, will moderate two programs at the Worldwide ERC’s Global Workforce Symposium in October 2022. Ms. Garcia will moderate “Relationship Building Through Tech – How Immigration Tech Can Focus on a Workforce’s Well-Being,” a discussion on immigration management technologies and the relationship between mobility technologies, well-being, and human connection. Ms. Harms will moderate “DEIA Global Mobility Playbook: Issues Facing the LGBTQ+, Transgender and Gender Diverse Employee,” a discussion on the emergence of LGBTQ+ inclusive global mobility programs, issues related to relocating internationally to locations that criminalize transgender or sexual preference diversity; the process and impact of changing name or gender markers on national identity documents; and traveling and screening procedures for transgender and gender-diverse/fluid people. https://wolfsdorf.com/wr-immigration-honored-to-lead-two-groundbreaking-discussions-at-wercs-global-workforce-symposium/

Stephen Yale-Loehr (bio: https://www.abil.com/abil-lawyers/stephen-yale-loehr/) was quoted by the Associated Press in “Immigrants Are Not Getting Social Security Numbers at the U.S. Border.” In response to anti-immigrant activists’ claims that Border Patrol agents are handing out social security cards to undocumented immigrants at the border, Mr. Yale-Loehr explained that Border Patrol agents can’t issue social security cards: “Even if they were to do it, it would be illegal for them to do it and they could be prosecuted for doing it. I believe it is a false statement.” https://apnews.com/article/fact-check-social-security-number-border-552180846074

Mr. Yale-Loehr was quoted by CBS News in “Republican States’ Lawsuits Derail Biden’s Major Immigration Policy Changes.” Mr. Yale-Loehr said federal policymaking on immigration is now primarily dictated by federal courts, not Congress or the executive branch. “I think every major policy initiative by Biden that they plan to roll out in the next year is going to be certainly challenged in the courts, and the conservative states have done a good job of judge-shopping to find judges that are likely to agree with these conservative states,” he said, noting that he expects lawsuits will continue to shape federal immigration policy unless Congress inhibits the power of judges to block nationwide initiatives or passes a broad reform of the U.S. immigration system, a prospect that has remained elusive for decades amid intense partisanship. However, he said, “that’s not the way our government is supposed to run,” and the role of the federal court system should be limited to determining whether the actions of the president and Congress are lawful and constitutional. “From the American public’s perspective, when people disagree with a policy, theoretically they can vote that person out of office, whether it’s a member of Congress or the president. But when the judges are making a policy decision that the public disagrees with, they cannot vote that judge out of office,” he noted. https://www.cbsnews.com/news/immigration-biden-republican-states-lawsuits/?intcid=CNM-00-10abd1h

Mr. Yale-Loehr was quoted by the Voice of America about the Department of State’s 2022 Trafficking in Persons Report. The video interview is in Russian at https://www.youtube.com/watch?v=AHIWV9BEAJE. Click on CC and select English to see Mr. Yale-Loehr’s comments subtitled in English. Mr. Yale-Loehr said that human trafficking is a huge and growing problem worldwide, affecting about 25 million people per year. Report: https://www.state.gov/reports/2022-trafficking-in-persons-report/

Mr. Yale-Loehr co-authored the second edition of Immigration and Nationality Law: Problems and Strategies, published by Carolina Academic Press. The book introduces the reader to the legal concepts and experience of practicing immigration law by presenting the material through a series of hypotheticals. It is designed for both law students and attorneys as it covers not only statutory provisions and key immigration law cases but also provides an understanding of the many government agencies involved in the immigration process and how to navigate the wide variety of adjudications that are central to the U.S. immigration system. The book goes beyond doctrine to implications for strategies and policy. For more information, including a video with the authors, or to order, see

Mr. Yale-Loehr was quoted by Scripps Media in “Companies Add Immigration Reimbursement to List of Benefits.” Commenting on new immigrant assistance benefits some companies are offering, Mr. Yale-Loehr said, “This is a new trend because of the tight labor market and employers need to figure out how to both attract and retain workers. And with foreign workers being a growing part of the employment base, [offering] benefits to foreign-born workers is increasingly one way that they can entice people to come work for them or to stay with them.” As examples, he noted that Amazon “has just started a reimbursement program to cover fees for a work permit renewal, which can cost between $410 and $495 every two years. [Tyson Foods], which is the biggest U.S. food processor, is expanding its immigration benefits by offering a program to its workers to give them free legal services ranging from work authorization renewals to green card and citizenship applications.” https://www.ksby.com/news/national/companies-add-immigration-reimbursement-to-list-of-benefits

Mr. Yale-Loehr was quoted by Univision in ” ‘Remain in Mexico’ Is Still in Force and It Is Not Known When and How It Will Be Dismantled.” The article notes that although the Supreme Court determined at the end of June 2022 that the government can “cancel” the Trump administration’s “remain in Mexico” policy, a series of legal requirements must be met to dismantle it and create a replacement protocol. “The Supreme Court ruling is significant for a number of reasons,” Mr. Yale-Loehr said. First, the Court “preserved its right to decide the merits of an immigration dispute, even if immigration law prohibits lower courts from issuing an injunction. Second, the Court held that the immigration statute gives immigration officials discretion over whom to admit into the United States while they await an immigration hearing. And third, the majority noted that by interpreting federal law to require the return of asylum seekers to Mexico, the lower court in the case limited the ability of the executive branch to conduct foreign relations with Mexico.” In short, he said, the Court “upheld the Biden administration’s efforts to end a Trump-era immigration policy,” although the process will take time. https://www.univision.com/noticias/inmigracion/fallo-corte-suprema-interrogantes-programa-mpp-quedate-en-mexico-desmantelamiento (in Spanish, with English translation available)

Mr. Yale-Loehr was quoted by several media outlets relating to the Supreme Court’s decision on the “Remain in Mexico” policy:

• “Explaining the Supreme Court Immigration Ruling on ‘Remain in Mexico,’ ” PolitiFact. He explained that historically, when people believe an immigration policy violates immigration law, they can sue the government, which initiates a court case. However, these cases often take a long time, so the person or group suing can ask the courts to either stop or restart the policy if it is causing immediate harm, which is called an injunction, he noted. https://www.politifact.com/article/2022/jul/07/explaining-supreme-court-immigration-ruling-remain/

“Biden Administration Can Drop ‘Remain in Mexico’ Policy, But What Will it Use Instead?,” Marketplace. He said, “The court today recognized that this is really part of a bigger political problem of not enough funding for our broken immigration system.” https://www.marketplace.org/2022/07/05/biden-administration-can-drop-remain-in-mexico-policy-but-what-will-it-use-instead/

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In this issue:

1. OPTIONS FOR UKRAINIANS: AN OVERVIEW – This article provides an overview of options for Ukrainians in several European Union countries following the invasion of Ukraine by Russia and massive migrant outflows.

2. ITALY – There is good news from the Italian government for people who seek to convert their permit of stay to a work permit.

3. RUSSIA – The Russian government has issued guidance for employers of foreign citizens with highly qualified specialist work permits who leave the Russian Federation for an indefinite period. Russia has lifted restrictions on the entry of persons from several countries. Also, there is a new list of professions that employers can use to hire foreign nationals from visa countries without having to apply for a quota for foreign labor first. In another development, citizens of the EAEU are no longer required to submit a negative PCR test result to enter the Russian Federation through land borders.

4. TURKEY – Turkey released information on vaccination requirements for entry.

5. UNITED KINGDOM – The adjusted right-to-work check process has been extended until September 30, 2022.

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

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

Download:

ABIL Global Immigration Update – April 2022

1. OPTIONS FOR UKRAINIANS: AN OVERVIEW

This article provides an overview of options for Ukrainians in several European Union countries following the invasion of Ukraine by Russia and massive migrant outflows.

European Union

European Union (EU) Member States have decided to apply Council Directive 2001/55/EC of 20 July 2001 (on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof), thus introducing temporary protection for Ukrainian and Ukrainian residents fleeing from war.

Temporary protection quickly allows displaced persons to enjoy harmonized rights across the EU, including a residence permit; the possibility to engage in employed or self-employed activities; access to accommodation, social welfare assistance, and medical or other assistance; and means of subsistence. Temporary protection also benefits affected Member States because it limits the need for these displaced persons to immediately seek international protection and overwhelm the asylum systems of the Member States by reducing formalities to a minimum because of the urgency of the situation. The measures included in the Temporary Protection Directive and implementing national measures therefore allow the Member States to manage the influx of displaced persons in a controlled and effective way with full respect for fundamental rights and international obligations.

Also, according to the decision, Ukrainian nationals will have the right to obtain a residence permit immediately, valid for one year and extendable up to three years. Non-Ukrainian nationals residing in Ukraine on short term permits will be helped to leave the country but will then be repatriated. Those living in Ukraine for long-term periods with a permanent permit will be treated differently according to the Member State of relocation.

From a practical point of view, there could be some difficulties. For example, because this is an EU Directive, all Member States are required to implement it within their national law systems, which means that each Member State has discretion regarding how to implement it. Also, this Directive has never been applied before, which means that it is difficult to know, at least immediately, whether the Member States are correctly incorporating and implementing it.

Belgium

Relevant information for Belgians in Ukraine and Russia, and Ukrainians in Belgium, is at https://info-ukraine.be/en.

The Belgian federal immigration office confirmed that they “will examine the residence applications…with great care. Therefore, Ukrainians in Belgium should not worry if their residence permit expires in the next few weeks.” (https://dofi.ibz.be/en/themes/ukraine).

The most recent guidelines/regulations are briefly summarized below.

Temporary Protection Status

The European Directive discussed above has been transposed into Belgian law to provide for minimum standards for granting temporary protection in the event of a mass influx of displaced persons into EU territory.

Ukrainian nationals residing in Ukraine and their family members, as well as third-country nationals or stateless persons enjoying temporary protection in Ukraine and their family members, are eligible for temporary protection in Belgium, provided they resided in Ukraine on or before February 24, 2022.

Ukrainian nationals can present themselves every day (Saturdays and Sundays included) between 8.30 am and 5.30 pm at a registration center in Brussels (current address as of March 14, 2022, is Brussels Expo Hall, Palais/Hall 8 – Heysel, Verregat) with their Ukrainian identity documents to apply for temporary protection. Due to the increasing number of registrations, the authorities ask those who already have a place to stay to wait to register in order to allow prioritization for those in need of housing. Those who registered between March 7 and 13, 2022, at the first-used registration center do not have to come back to the current registration center in Palais 8 (Heysel).

After the registration is completed, a temporary protection certificate will be issued if the conditions for granting temporary protection are met.

The municipal administration of the place of residence can afterwards issue a residence permit type A valid until March 4, 2023 (potentially renewable). Before issuance of the residence permit type A, a temporary residence document “annex 15” can be issued while awaiting the residence permit type A.

Under Belgian law, third-country nationals with temporary protection status have unlimited access to the labor market as employees as soon as they hold the document “annex 15” and later the residence permit type A. This applies to Ukrainian nationals: they can work without the need to obtain a specific permit (work or single permit).

Temporary protection status does not allow self-employed work in Belgium: a specific permit (professional card) is required to legally work in Belgium as a self-employed person.

Short Stay in Belgium (< 90 days)

Ukrainian biometric passport holders are exempt from visa requirements for short stays (maximum 90 days) in Belgium. If the situation in Ukraine does not allow for safe return at the end of the 90 days, this period can be extended up to a maximum of 180 days. This extension is also possible for those who do not hold a biometric passport but who have received a visa to enter Belgium.

The federal immigration office reassures “Ukrainian citizens who are, or have arrived, legally in Belgium and who, due to the situation in their country, stay longer than the authorized stay,” but they “are advised to go immediately to the municipal administration of their place of residence to declare their arrival and/or to request the authorization to extend their stay in Belgium.”

Short-stay status does not allow work in Belgium.

Long Stay in Belgium (> 90 days)

The guidelines for long stay, e.g., for work or for family reunification, include:

• For Ukrainian citizens who are still in Ukraine, in principle those who wish to come to Belgium should normally obtain a visa D (national long-stay visa) before traveling. It is now possible to apply for this visa at the Belgian Consulate General in Warsaw, Poland, since the Belgian Embassy’s offices in Kiev are currently closed.
• For Ukrainian citizens who have left Ukraine and are already in the Schengen area, it is possible for them to apply for a residence permit directly at the municipal administration of their residence in Belgium. The conditions for granting this residence permit (study, work, family reunification) are maintained, but if the applicant cannot present the usual official documents, the immigration office will look for alternatives.
• Ukrainian citizens who have left Ukraine and are in a country that is not part of the Schengen area can contact the Belgian embassy or consulate responsible for that country.
• Ukrainian citizens who are legally residing in Belgium for a limited period of time and no longer meet the requirements for renewal of their residence card type A can obtain an extension of their authorized stay (end date of stay + 90 days). It is possible to extend this period up to a maximum of 180 days.

Flanders: Ukrainian Seasonal Workers

Specifically for Flanders, Ukrainian seasonal workers who are currently living and working in Belgium with a work permit valid for a maximum of 90 days can extend this work permit up to a maximum of five months overall, even when they will stay in Flanders for longer than 90 days in total.

Canada

Canada has committed to opening two new streams of immigration for Ukrainians.

First, a Canada-Ukraine Authorization for Emergency Travel (CUAET) allows Ukrainian nationals to apply for a visa without most of the usual requirements (free of charge, exempt from completing an immigration medical exam overseas, option to apply for a free open work permit, exempt from Canada’s Covid-19 vaccination requirements) excepting biometrics and ArriveCAN. No limit on the number of applications will be imposed, and pending a background check and security screening, the stay in Canada can be for up to three years. Canada intends to process a standard CUAET application within two weeks of receipt of the application. The steps to apply for this stream are at https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures/cuaet.html

Second, Canada will implement a Special Family Reunification Sponsorship pathway for immediate and extended family members of Canadian citizens and permanent residents who are in Ukraine. For this pathway, details should follow in the coming weeks.

Ukrainians who will be coming to Canada through these two streams will be eligible to apply for an open work permit. Canada has also committed to issue open work permits to Ukrainian visitors, workers, and students who are currently in Canada and cannot go back due to the unsafe conditions. The Canadian government continues to encourage Ukrainians to apply through all available programs, as their applications will be prioritized.

Canadian immigration measures for people affected by the situation in Ukraine are at https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures.html

Italy

Below is a summary of possible options applicable to Ukrainian citizens migrating to Italy now. This information was prepared based on the measures available at the moment; no official specifications had been issued yet.

Option 1: Special temporal permit of stay for “calamity”

This solution applies when the country of origin of a foreigner (applicant) is in a proven situation of a “situation of serious calamity,” which makes that person unable to return to their country due to safety concerns. This type of permit has a duration of 6 months and is valid only within the Italian territory. It allows foreigners to work in Italy and can be converted into a work permit.

However, it should be noted that this type of permit is for cases of “natural calamity,” but the applicable law does not specify cases regarding wars and similar conflicts.

Option 2: Asylum

Ukrainian citizens can apply for asylum in Italy. According to Italian law, there is no formal timeframe for making an asylum application. However, asylum seekers should file their applications as soon as possible. Immigration legislation prescribes, as a general rule, a deadline of 8 days from arrival in Italy for migrants to present themselves to the authorities.

An asylum application can be submitted either at the border police office or within the territory at the provincial Immigration Office (Ufficio immigrazione) of the Police (Questura), where fingerprinting and photographing (fotosegnalamento) are carried out. If the asylum application is submitted at the border, the Border Police invites asylum seekers to present themselves at the Questura for formal registration.

After the filing (verbalizzazione) of the application, the Questura sends the formal registration form and the documentation to the Territorial Commissions or sub-Commissions for International Protection located throughout the national territory, the only authorities competent to conduct the substantive asylum interview. The Questura then notifies the asylum seeker of the interview date to appear before the Territorial Commission.

Applicants can check for their local Questura office at https://questure.poliziadistato.it/localcity. A receipt, including a photo and the tax code of the applicant, is issued for the applicant to access health services.

Details:

For more information, see https://www.mazzeschi.it/temporary-protection-for-ukrainian-citizens-in-italy/

Ukrainian citizens who need to request temporary protection in Italy can also check the following links:

• Italia (inca.it)
• https://www.patronato.acli.it/soluzioni-per-te/straniero-in-italia/
• https://patronatoinas.si/?lang=it
• https://www.patronatoenac.it/servizi/immigrazione/

For further information, see https://www.interno.gov.it/it/info-utili-lingresso-dei-profughi-ucraini-italia

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2. ITALY

There is good news from the Italian government for people who seek to convert their permit of stay to a work permit.

The deadline for sending applications to convert residence permits issued for other reasons into work permits has been extended from March 17 to September 30, 2022.

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3. RUSSIA

The Russian government has issued guidance for employers of foreign citizens with highly qualified specialist work permits who leave the Russian Federation for an indefinite period. Russia has lifted restrictions on the entry of persons from several countries. Also, there is a new list of professions that employers can use to hire foreign nationals from visa countries without having to apply for a quota for foreign labor first. In another development, citizens of the EAEU are no longer required to submit a negative PCR test result to enter the Russian Federation through land borders.

Update on Highly Qualified Specialist Work Permits

Due to the current situation, many foreign citizens engaged in labor activity in the territory of the Russian Federation on the basis of work permits for highly qualified specialists may decide to leave the territory of the Russian Federation for an indefinite period.

Employers of such foreign citizens are reminded:

1. To maintain the employee’s status of highly qualified specialist, the employer must pay the minimum wage per month: 167,000 rubles gross. If it is impossible to pay wages (for example, if the employee took leave at his own expense), the minimum amount of wages within one quarter should be paid in the amount of 501,000 rubles before taxes.
2. The period of stay of a foreign citizen abroad should not exceed six months. If this period is exceeded, the work permit of the highly qualified specialist will be canceled. A similar rule applies to highly qualified specialists who have residence permits in the Russian Federation issued based on HQS work permits.
3. If a decision is made to terminate an employment contract with a foreign citizen, the employer should consult a lawyer as early as possible to receive advice on the specific case.

Restrictions on Entry Lifted for Several Countries

Starting March 30, 2022, restrictions have been lifted on the entry of citizens of Kazakhstan to the Russian Federation and on the exit of Russian citizens to Kazakhstan through the land section of the Russian-Kazakh border, as well as foreign citizens and stateless persons to Russia and Russian citizens to Mongolia through the land section of the Russian-Mongolian border. Previously it was only possible to travel to Russia from these countries by air.

Starting March 17, 2022, citizens of the Republic of Belarus can enter the Russian Federation, crossing the Russian-Belarus state border without any previously set restrictions, by car (previously entry was possible only by train and plane), and without the need to undergo sanitary-quarantine control.

Also, starting March 10, 2022, restrictions on entry into the Russian Federation of Russian citizens and foreign citizens from the following countries have been lifted:

Hong Kong Special Administrative Region

Botswana

Eswatini

Kenya

Lesotho

Madagascar

Mozambique

Namibia

Tanzania

South Africa

Zimbabwe

For the entry of foreign citizens from these countries (with the exception of certain cases as specified in paragraph 2 of the Order of the Government of the Russian Federation from 16.03.2020 No 635-r, “On temporary restriction of entry into the Russian Federation of foreign citizens and stateless persons and temporary suspension of issuance of visas and invitations,” for example, the residence permit owners or those who have relatives who are citizens of the Russian Federation), they must be included in the entry list compiled by the Federal Security Service of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation. The Ministry of Internal Affairs has begun accepting documents for work permits and invitations for citizens of these countries, but submission is possible only after they are included in the lists of the Federal Security Service and the Ministry of Internal Affairs for entry.

New List of Professions for Employers Hiring Foreign Nationals

Also, starting March 29, 2022, a new order from the Ministry of Labour and Social Development introduces a renewed list of professions that employers can use to hire foreign nationals from visa countries without having to apply for a quota for foreign labor first.

Citizens of EAEU No Longer Required to Submit PCR Test Results to Enter Russia

EAEU citizens (Republics of Armenia, Belarus, and Kazakhstan, and the Kyrgyz Republic) entering the Russian Federation through land borders no longer need to submit a negative PCR test result.

Details:

• Entry to Russia: Restrictions on Entry from Kazakhstan and Mongolia Lifted, Vista Immigration, https://vista-immigration.ru/entry-to-russia-restrictions-on-entry-from-kazakhstan-and-mongolia-lifted/
• Entry to Russia: News (Belarus), Vista Immigration, https://vista-immigration.ru/entry-to-russia-news/
• Entry to Russia: African Countries and Hong Kong, Vista Immigration, https://vista-immigration.ru/entry-to-russia-african-countries-and-hong-kong/
• Quota-Free Standard Work Permit: New List of Professions, Vista Immigration, https://vista-immigration.ru/quota-free-standard-work-permit-new-list-of-professions/

Entry to Russia: The EAEU Citizens Are No Longer Required to Submit PCR, https://vista-immigration.ru/entry-to-russia-the-eaeu-citizens-are-no-longer-required-to-submit-pcr-to-enter-russia/

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4. TURKEY

Turkey released information on vaccination requirements for entry.

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

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

Details:

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

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5. UNITED KINGDOM

The adjusted right-to-work check process has been extended until September 30, 2022.

The COVID-19 pandemic-related video call temporary adjusted right-to-work check process was scheduled to end on April 5, 2022. However, in a welcome development, it has been extended until September 30, 2022. This means that employers can continue to use the adjusted process to check copies of right-to-work documents over a video call.

The extension is mainly to give employers more time to become comfortable with the new digital Identification Document Validation Technology (IDVT) checking process for British and Irish citizens due to launch on April 6, 2022. This means that employers who do not wish to start using the new IDVT process now will benefit longer from the adjusted process for checking British and Irish citizen employees. Beginning October 1, 2022, if they wish, employers will still be able to check original documents from British and Irish citizens without using the IDVT.

Beginning April 6, 2022, employers must perform an online check if the person has a biometric residence permit. It will not be possible to carry out an original document (manual) check or an adjusted check (over video) if the person has a biometric residence permit.

Details:

• Right-to-Work Checks: What Employers Need to Know, Kingsley-Napley, https://www.kingsleynapley.co.uk/services/department/immigration/slp/right-to-work-checks

Right-to-Work Checks: An Employer’s Guide, UK Home Office, https://www.gov.uk/government/publications/right-to-work-checks-employers-guide

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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 “Immigration Policies at USCIS Lead to Denials of L-1B Petitions.” She said, “Some at USCIS have never understood the L-1 standard even though they have good guidance in the Adjudicator’s Field Manual. To properly apply it, each case must be evaluated individually—you cannot template an adjudication.” She also said she believes that a number of adjudicators “do not understand what preponderance of the evidence means” and are not comfortable approving cases where something is “more likely than not,” even though that is the legal standard. https://www.forbes.com/sites/stuartanderson/2022/02/16/immigration-policies-at-uscis-lead-to-denials-of-l-1b-petitions/?sh=60419abe1301

Ms. Butte was quoted by Forbes in “USCIS Issues Immigration Rule to Expand Premium Processing.” She said, “While the stakeholder community is grateful for the relatively quick expansion of premium processing to additional I-140 categories, the delayed implementation for Forms I-539 and I-765 is disappointing. Since, generally speaking, I-140 filers already have status and work permission while they wait for their applications to be adjudicated, the individuals most impacted by the continued delays are those who cannot work until the I-539 (application to change/extend status) and I-765 (application for employment authorization) are adjudicated.” https://www.forbes.com/sites/stuartanderson/2022/03/30/uscis-issues-immigration-rule-to-expand-premium-processing/

Vic Goel (bio: https://www.abil.com/lawyers/lawyers-goel.cfm?c=US) was quoted by Forbes in “Immigration Policies at USCIS Lead to Denials of L-1B Petitions.” He said, “Given that most clients and attorneys understand the requirements and aren’t interested in wasting significant time or money in filing speculative cases that aren’t approvable, it’s odd that denial rates for L-1B cases are substantially higher than for other business immigration cases. USCIS policy sets a very high bar for approval of cases involving specialized knowledge workers, requiring firms to document how a given worker’s knowledge of a company’s product, processes, research, or other interests is special or advanced relative to other employees. While the standard is not insurmountable, USCIS applies it in a way that favors documentary evidence while discounting the company’s own assessments of the worker’s importance and knowledge, notwithstanding that company officials are typically in the best position to determine whether an employee’s knowledge is truly special.” https://www.forbes.com/sites/stuartanderson/2022/02/16/immigration-policies-at-uscis-lead-to-denials-of-l-1b-petitions/?sh=60419abe1301

Charles Foster, of Foster LLP, addressed the state of immigration during his presentation, “The Need for U.S. Immigration Reform,” in a meeting for the Kiwanis Club of Houston, Texas, on February 17, 2022.

Mr. Foster was interviewed by KPRC in “Galveston County Law Enforcement Continues Sending Resources to the Border.” He said, “Congress has to solve this.” Regarding the impact on immigration courts of increased incidents along the border, Mr. Foster said, “We have taken a bad situation and it’s getting worse daily. We need more immigration judges, trial attorneys and asylum officers.”

Mr. Foster was a featured speaker at the 2022 kickoff meeting for ITServe Alliance Houston, the Houston, Texas, branch of a large network of Indian American IT and related companies.

Mr. Foster spoke at the grand opening of the Blossom Hotel on February 8, 2022, along with Bob Harvey, Chairman of the Greater Houston Partnership, and Houston Mayor Sylvester Turner. The Blossom Hotel is near the Texas Medical Center’s planned “TMC3” project, the “world’s largest life sciences campus,” which will bring together a large number of tech companies involving health-related technologies from across the United States. https://www.tmc.edu/news/2021/08/texas-medical-center-launches-worlds-largest-life-science-campus/

Mr. Foster was a keynote speaker at a sculpture dedication honoring Lyndon Baines Johnson. The event was held at the Holocaust Museum of Houston, Texas, on February 21, 2022.

Klasko Immigration Law Partners, LLP, published a new blog post: “FAQs for Temporary Protected Status (TPS) for Ukraine.”

Karuna Chandani Simbeck was promoted to partner at Klasko Immigration Law Partners, LLP. As part of the EB-5 team, Ms. Simbeck has assisted hundreds of immigrant investors. With years of experience in EB-5, she has prepared hundreds of I-526 petitions for clients from countries such as India, South Africa, the Philippines, Singapore, Vietnam, Turkey, the United Kingdom, and China. Ms. Simbeck is often called on to review petitions, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs) for other law firms, among her other activities. https://www.klaskolaw.com/wp-content/uploads/2022.01-Press-Release-Karuna-Chandani-Simbeck-Promoted-to-Partner.pdf

Andrew Zeltner was promoted to partner at Klasko Immigration Law Partners, LLP. He is an experienced employment-based immigration attorney and has been assisting clients for 20 years. He handles a wide array of corporate immigration matters and also assists individual clients. He has particular experience with hospitals and organizations in the medical field, artists and performers, universities, and innovative startups. He has significant experience providing employment-based U.S. immigration services. He has provided extensive advice to human resources professionals and corporate counsel regarding immigration compliance matters including I-9 and LCA compliance issues. https://www.klaskolaw.com/news/press-release-andrew-j-zeltner-elected-to-partnership-at-klasko-immigration-law-partners/

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) wrote a letter published by the Atlanta Journal-Constitution, “These Pro-Immigration Bills Would Help Dreamers and All Georgians.” Among other things, he said, “While Dreamers, and all Georgia immigrants, contribute upwards of $10 billion in taxes annually, they are limited in their contributions to society because of senseless policies.” https://www.ajc.com/opinion/readers-write/3DGVQRNRBJFP3G44S2EIRDC6RY/

Robert Loughran (bio: https://www.abil.com/lawyers/lawyers-loughran.cfm) announced:

• Foster partners Avalyn Langemeier, Layla Panjwani, and Sandra Dorsthorst, and guest speaker Cindy Ellis, program specialist at the Texas Primary Care Office, presented for a Foster webinar, “Immigration Options for J-1s, Physicians & Researchers,” on March 23, 2022. The webinar covered how J-1 exchange visitors and foreign national residents, physicians, and researchers can navigate the various immigration options available to them. https://attendee.gotowebinar.com/register/8568147091005058827
• Charles Foster spoke on a panel, “Locally and Nationally: Where We Have Been, Where Are We Today?,” at the Moving Forward: Challenging Racism Conference at the Holocaust Museum Houston on February 26, 2022.
• Foster gave opening remarks as Honorary Chair of the 2022 Born Global Summit at the University of Houston-Downtown Auditorium and online at the Tech Rodeo platform on March 4, 2022.
• Foster spoke on immigration policy at a luncheon for the Bay Area Rotary Club on March 7, 2022.
• Foster partner Oxana Bowman and attorney Diana Dominguez discussed immigration strategies and planning for online businesses in a webinar, “Immigration Planning and Strategies with Foster,” hosted by the Texas French American Chamber of Commerce on March 9, 2022.

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US), Kaitlyn Box, and Jessica Paszko authored a new blog post: “USCIS Contact Center is More a Source of Frustration Than Assistance.” http://blog.cyrusmehta.com/2022/03/uscis-contact-center-is-more-a-source-of-frustration-than-assistance.html

Mr. Mehta authored several new blog posts: “Immigration Relief for Ukrainian Refugees: What the United States Is Currently Offering,” “Using U.S. Immigration Law to Undermine Putin,” “Some Highlights of the EB-5 Reauthorization: CSPA Protection and How 245(k) and Concurrent Filing Combine to Create a New Option for Some Applicants Who Have Recently Dropped Out of Status,” “USCIS Contact Center is More a Source of Frustration Than Assistance,” “In Addition to Granting TPS to Ukrainians, the U.S. Must Do More to Help Ukrainians and Others Outside the U.S. Who Are in Trouble,” “Huh? Why Should Requesting a Transfer of Underlying Basis with an I-485 Supplement J Restart the 180-Day Portability Clock?,” “Maintenance of H-1B Status After Travelling Back on Advance Parole: Executive Legerdemain under the Cronin Memo.” http://blog.cyrusmehta.com/

Mr. Mehta was an invited speaker at the American Immigration Lawyers Association’s New England Chapter meeting on February 24, 2022, where he spoke on strategies in the face of visa retrogression in employment-based categories, including multiple filings for the same employee in different categories. Magaly R. Cheng was the other invited speaker. She is a partner in Clark Lau LLC.

Mr. Mehta was Program Chair of the Practising Law Institute’s “Basic Immigration Law 2022: Business, Family, Naturalization and Related Areas” on February 3, 2022. The webcast of this program is at https://www.pli.edu/programs/B/basic-immigration-law

Mr. Mehta was Program Chair of the Practising Law Institute’s “Asylum, Special Immigrant Juvenile Status, Crime Victim and Other Immigration Relief 2022” on February 4, 2022. The webcast of this program is at https://www.pli.edu/programs/asylum-special-immigrant-juvenile-status-crime-victim-and-other-immigration-relief

Mr. Mehta was a speaker at the American Immigration Lawyers Association’s Washington Chapter Ethics CLE on February 10, 2022.

Mr. Mehta and Jessica Paszko co-authored a new blog post: “Amin v. Mayorkas: Fifth Circuit Denies EB-1 Extraordinary Ability Petition Even Though Petitioner Met Three Out of Ten Regulatory Criteria.”

David Isaacson, of Cyrus D. Mehta & Partners PLLC, authored a new blog post: “Some Highlights of the EB-5 Reauthorization: CSPA Protection and How 245(k) and Concurrent Filing Combine to Create a New Option for Some Applicants Who Have Recently Dropped Out of Status.”

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

Siskind Susser, Kuck Baxter, and Joseph & Hall have partnered to file a lawsuit challenging U.S. Citizenship and Immigration Services’ and the U.S. Department of State’s refusal to process EB-5 regional center cases. They are working with the Galati Law Firm on this case. The deadline for plaintiffs to join the case is March 5, 2022. https://www.immpactlitigation.com/eb-5-regional-center-litigation-2022/

Wolfsdorf Rosenthal LLP has published several new blog posts: “My Immigration Story With Partner Vivian Zhu: Courageous Moves,” “WR Immigration Expands Its Global and Southern California Practices, Announces WRapid Global,” “April 2022 Visa Bulletin Update,” Afghanistan: Tips and Resources for HR Professionals, Employees and Others,” “Ukraine: Ways You Can Help,” “Ukraine: News Updates,” “Ukrainian Resource Page,” “Short Video Series: H-1B Process Videos,” “DHS Announces National Interest Exception for ‘Noncitizen Nonimmigrants’ Traveling From Ukraine With a U.S. Citizen or Lawful Permanent Resident,” “March 2022 Visa Bulletin Update,” “2022 Immigration Outlook: Countries Compete for Talent—Will the U.S. Be Left Behind?,” “EB-5 Regional Center Program Update – Another Short-Term Extension Without Regional Center Reauthorization Possible,” “H-1B Cap Webinar: Critical Registration Process Updates and H-1B Cap FAQs From HR Professionals,” “A Video Guide to Navigating H-1B Cap Season,” “State Dept. Announces F/M/J Nonimmigrant Visa Processing Posts Outside of Moscow for Applicants Resident in Russia,” and “Biden Administration Implements New Actions to Increase Opportunities for STEM Students, Professionals, Others.” https://wolfsdorf.com/news/

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by the Wall Street Journal in “Muslim U.S. Citizens Questioned About Faith at Border, ACLU Lawsuit Alleges.” The question of whether a person is still fully protected by the First Amendment at the U.S. border has rarely been addressed by courts, he noted: “U.S. citizens have constitutional rights when they enter the United States. But the government also has an interest in protecting the country from terrorists. Courts need to weigh these competing interests.” https://www.wsj.com/articles/muslim-u-s-citizens-questioned-about-faith-at-border-aclu-lawsuit-alleges-11648130400?mod=business_minor_pos4

Mr. Yale-Loehr was quoted by Univision in “Government Issues a New Asylum Rule for Foreigners Subject to Accelerated Deportation.” He said, “The new rule is likely to be challenged in court. The Department of Homeland Security is about to publish a final rule that revises the nation’s asylum procedures. In general, it would allow USCIS asylum officers to initially hear asylum claims instead of people appearing before an immigration judge. The goal is to have a more streamlined asylum system so that people get a decision in months instead of years in our backlogged immigration courts.” However, he noted, “conservative states, like Texas, are likely to challenge the new rule in court for encouraging more asylum claims. So the new rule may not come into effect for some time. But if implemented, it would help alleviate immigration court backlogs and could provide a fairer and faster system for asylum seekers.” https://www.univision.com/noticias/inmigracion/nueva-regla-asilo-deportacion-acelerada [Spanish, with English translation available]

Mr. Yale-Loehr was quoted by the Los Angeles Times in “Hollywood Hotels Scrutinized for Financing Under Visa Program: ‘Not Fair,’ Say Critics.” He noted that the program has sparked controversy because some developers have fraudulently taken the foreign investments and failed to develop the projects and the jobs that were promised. It is also a complicated program that “is somewhat opaque to the average person because they don’t see any direct jobs created,” he added. https://www.latimes.com/business/story/2022-03-14/eb5-hollywood-hotels-unite-here-local-relevant-group-financing-dispute

Mr. Yale-Loehr was quoted by Forbes in “Investor Immigrants Greet Imminent Revival of the EB-5 Program.” The article discusses the March 15, 2022, revival of the EB-5 regional center program under the omnibus bill passed by Congress. The article includes a summary of the bill co-authored by Mr. Yale-Loehr, Kristal Ozmun, and Nick Hinrichsen (Miller Mayer, LLP). https://www.forbes.com/sites/andyjsemotiuk/2022/03/09/investor-immigrants-greet-imminent-revival-of-the-eb-5-program/?sh=7223bbff7436
(see also https://millermayer.com/2022/breaking-congress-reauthorizes-eb-5-regional-center-program-through-2027/)

Mr. Yale-Loehr moderated a free public webinar on March 9, 2022, “After the Fall: The Future of Afghan Allies Fleeing the Taliban.” Speakers included Joel Kelsey, chief of staff to U.S. Senator Richard Blumenthal; Chis Purdy, director of Veterans for American Ideals and Outreach at Human Rights First; Nell Cady-Kruse from the Evacuate Our Allies Coalition; Camille Mackler, executive director of Immigrant ARC; and Katie Rahmlow, a Cornell law student who has worked on several Afghan cases. https://ecornell.cornell.edu/keynotes/overview/K030922a/

Mr. Yale-Loehr was quoted by the Cornell Chronicle in “Experts: Ukraine War Puts World in ‘Uncharted Territory.’ ” Mr. Yale-Loehr served on a panel on March 4, 2022, to discuss the humanitarian crisis just beginning after the Russian invasion of Ukraine. Mr. Yale-Loehr noted that, as high as the numbers are of Ukrainians fleeing their country, we shouldn’t forget other hot spots like Syria and Afghanistan that have contributed to the highest levels of displacement on record, with an estimated 84 million people displaced worldwide by persecution, conflict, violence, and human rights violations. “Our international refugee system is reeling from all these crises and wars. The war in Ukraine is simply the most recent.” Mr. Yale-Loehr advised those wondering how to help to donate to organizations such as the International Rescue Committee or International Refugee Assistance Project and ask members of Congress to spend more on refugee assistance and increase the number of refugees admitted by the United States. “This shows how interconnected we all are,” he said. https://news.cornell.edu/stories/2022/03/experts-ukraine-war-puts-world-uncharted-territory (recording of livestream: https://ecornell.cornell.edu/keynotes/view/K030422/)

Mr. Yale-Loehr was interviewed by Al Jazeera as part of a show about Afghans at risk. Mr. Yale-Loehr’s segment starts at about 19:00 in the show. https://www.youtube.com/watch?v=pvkfo_xjFiQ

Mr. Yale-Loehr was quoted by the New York Times in “Afghans Who Bet on Fast Path to the U.S. Are Facing a Closed Door.” He said, “The refugee resettlement program is overwhelmed and lacks resources because of all the cuts the prior administration made.” https://www.nytimes.com/2022/02/16/us/afghan-refugees-humanitarian-parole.html (available by subscription)

Mr. Yale-Loehr was quoted by Law360 in “83,000 Afghans Made It to the U.S. Now They Need Lawyers.” Mr. Yale-Loehr, who runs an immigration clinic at Cornell University Law School, noted that law school clinics can only take a handful of cases each year. “It’s better than nothing. Clinics can only do so much.” https://www.law360.com/immigration/articles/1462197/83-000-afghans-made-it-to-the-us-now-they-need-lawyers

Mr. Yale-Loehr was quoted by Law360 in “Pandemic Order Speeding Migrant Removals to End in May.” The article notes that opposition to the Biden administration’s ending of the two-year-old “Title 42” policy allowing the quick expulsion of migrants at U.S. land borders for pandemic-related reasons could lead to lawsuits. “If the lawsuits are successful, Title 42 may continue for some time,” Mr. Yale-Loehr said. https://www.law360.com/health/articles/1480088/pandemic-order-speeding-migrant-removals-to-end-in-may (registration required)

Mr. Yale-Loehr moderated a continuing legal education webinar, “Navigating Trauma: Tips for Attorneys and Their Clients,” on Mar. 30, 2022. The presenters, two Cornell medical school professors (JoAnn Difede and Michelle Pelcovitz) discussed how to deal with trauma in sensitive cases like asylum, domestic violence, and those involving violent crimes. They also discussed how to deal with traumatized clients and attorneys’ own vicarious trauma. The webinar was sponsored by the New York State Bar Association. https://nysba.org/events/navigating-trauma-tips-for-attorneys-and-their-clients/

Mr. Yale-Loehr was quoted by the New York Times in “Facing Demand for Labor, U.S. to Provide 35,000 More Seasonal Worker Visas.” He said, “Even with these additional visas, there’s not nearly enough visas for all of the types of workers that employers want to hire on the H-2B program. But in the short term, at least, this is something the administration can do to help immediately.” https://www.nytimes.com/2022/03/31/us/politics/us-seasonal-worker-visas.html

Mr. Yale-Loehr was quoted by Bloomberg Law in “Narrow Immigration Fixes Sought by Employers, Religious Groups.” He cautioned that passing any immigration bill will likely be a long fight, even with commitments to work across the aisle: “Congress will enact immigration reform only through bipartisan efforts. In that regard, the Alliance for a New Immigration Consensus is a good first step. However, I fear that nothing will happen in Congress this year, both because of the midterm elections and the general controversy about immigration in America.” https://news.bloomberglaw.com/daily-labor-report/narrow-immigration-fixes-sought-by-employers-religious-groups

Mr. Yale-Loehr was quoted by the Cornell Chronicle in “Migrations Project Helps Refugees Claim Health Care Rights.” Commenting on refugees in the United States, he said, “Many of them believe—wrongly—that if they take any public benefits they will become deportable or not be able to get a green card. They lack clear and accurate information about what public benefits they are entitled to in the United States.” https://news.cornell.edu/stories/2022/03/migrations-project-helps-refugees-claim-health-care-rights

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