Headlines:

1. GOVERNMENT IMMIGRATION FEES: AN OVERVIEW – This article provides an overview of government immigration fees in several countries.

2. COLOMBIA – This article discusses visa options for retirees and “digital nomads” in Colombia.

3. EUROPEAN UNION – The Council of the European Union has extended temporary protection for Ukrainian refugees until March 2026.

4. ITALY – Italy has amended its immigration law to provide quota-free entry for foreign workers. Also, under new EU Blue Card implementing guidelines, Italy has expanded acceptable documentation of validation of university diplomas.

5. UNITED KINGDOM – There have been developments related to right-to-work checks and the transition to eVisas.

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

ABIL Member / Firm News – ABIL Member / Firm News

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ABIL Global Immigration Update – August 2024

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1. GOVERNMENT IMMIGRATION FEES: AN OVERVIEW

This article provides an overview of government immigration fees in several countries.

Belgium

Strictly speaking, there is no filing fee for work authorization for third-country employees. Third-country individuals who want to be active in Belgium as self-employed must apply for a professional card. The filing fee is €140, or, if filed abroad, the equivalent in local currency of €140 (at present $153 USD). There is no “premium processing” fee.

However, there is a “contribution fee” to be paid when filing a first work authorization or professional card application. This fee covers the administrative costs for processing an application for Belgian long-term residence. If a “long stay” D visa application must be filed, the contribution fee comes on top of the visa application fee (see below). The contribution fee for first applications for employees is €144. The contribution fee for those who are self-employed with a professional card is €229. Family members who are 18 years or older, applying for a D visa under family reunification, must also pay a contribution fee of €206.

Work authorization is issued without cost. Administrative fees for a professional card amount to €90 per year of validity.

Upon approval of the work authorization or the professional card, a D visa for Belgium is required. In principle, a D visa application fee (equivalent in local currency to €180; i.e., at present $196 USD) will have to be paid by the D visa applicant to the Belgian embassy/consulate general in the home country. The exact amount can be checked on the website of the Belgian embassy/consulate general in the home country.

Upon arrival in Belgium, a Belgian residence permit must be applied for. The administrative fees for residence permits in Belgium range between 50€ and 250€. The fees depend on the municipality of residence and on the process for the physical issuing of the Belgian residence permit (standard or urgent processing).

Italy

Below is an overview of the most common immigration-related government fees:

• Work permit application: 2 government stamps of €16: total €32
• Family clearance application: 2 government stamps of €16: total €32
• D type visa application: €116,00, to be paid at the consulate in local currency
• Residence permit: 1 government stamp €16; + RP filing fee (from €40 to €100) + RP card printing fee €30.46 + 2; + post office managing fee €30. Total from €118.46 to €178.46
• Identity Card application: €22 (approx.)

Türkiye

Türkiye’s immigration government fees have not increased in the past several years in terms of euros/USD. This is the case even though inflation has been quite high, so fees from a Turkish lira perspective have risen. For example:

• A one-year work permit government fee is a bit over €200, and about €400 for a two-year work permit.
• Residence permit fees are approximately €100 for one year, and approximately €150 for two years (with a complicated matrix to calculate government fees that depends on nationality and validity length).

For residence permit applications, the government fee may pale in comparison to the cost for the notarization, translation, and legalization of several biographical documents. Given the high amount of government staff time needed to adjudicate a residence permit application and the high rate of denial of short term residence permits (not the case for dependent residence permits), it is surprising that the filing fees have not increased more from a euro/USD perspective.

United Kingdom

The United Kingdom’s (UK) immigration fees have risen significantly over the past 20 years and are now some of the highest in the world. Immigration fees generated revenue of more than £2.1billion in 2022-23. The UK Home Office generates a profit on the fees it charges and uses this to subsidise UK border security and enforcement operations. The latest rise in October 2023 increased application fees by a further 15 to 20 percent on average, and the Immigration Health Surcharge increased in February 2024 by 66 percent to £1035 payable for each year of a person’s visa.

Total fees payable to the UK government for a five-year visa for a Skilled Worker working for a large employer plus a family of three dependents are now more than £29,000. Combined with the major increases in the general minimum annual salary threshold for Skilled Workers (from £26,200 to £38,700) and to the “going rates” for specific occupations that must be paid to Skilled Workers in April 2024, these costs are acting as a major disincentive to recruit overseas workers, particularly in sectors that pay lower wages, in the regions outside London and the South East of England, where wages are typically lower and for businesses that hire graduates and younger workers at early stages in their careers.

The fee and minimum salary increases are a direct attempt by the UK to dampen demand for overseas workers in the face of the UK’s highest ever recorded net migration figures in 2022 (745,000) and high figures in 2023 (683,000), and in the run-up to the 2024 UK General Election, where migration was seen as a key policy issue.

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2. COLOMBIA

This article discusses visa options for retirees and “digital nomads” in Colombia.

Colombia: An Emerging Haven for Foreign Retirees

In recent years, Colombia has emerged as an attractive destination for foreign retirees, consistently ranking high in various international listings. The country’s appeal lies in its diverse climate, rich biodiversity, affordable cost of living, excellent culinary offerings, and vibrant cultural scene. Foreign retirees often highlight the warm and welcoming attitude of Colombians, which greatly facilitates their integration into local communities. Cities like Medellín, Cartagena, Santa Marta, and those in the coffee-growing region are particularly popular among this demographic.

Visa Options for Retirees

Colombia offers a specific migrant visa category for retirees, outlined in its current immigration regulations. This visa is available to foreigners with a steady monthly income from a pension granted by a government or private pension fund. The visa is valid for up to three years, can be renewed indefinitely, and allows multiple entries into the country. Retirees who have held this visa continuously for at least five years are eligible to apply for a permanent resident permit.

Requirements for the Retiree Visa

To obtain the retiree visa, applicants must provide:

1. Pension Certification: Proof of a monthly pension payment of at least $1,000 USD.
2. Police Clearance: A document confirming the applicant has no criminal record duly apostilled and sworn (translated).
3. Medical Certificate: This document can be issued from a doctor abroad and must come apostilled and sworn (translated if needed) or issued in Colombia.
4. International Medical Insurance: Confirmation of coverage within the national territory against all risks in case of accident, illness, maternity, disability, hospitalization, death, or repatriation, for the duration of stay in Colombia.

Colombia’s unique blend of natural beauty, cultural richness, and welcoming atmosphere makes it an ideal retirement destination for some retirees. The retiree visa facilitates a smooth transition for foreigners looking to make Colombia their new home, offering benefits such as long-term stay options and the potential for permanent residence.

Digital Nomads in Colombia

The Ministry of Foreign Affairs issued Resolution 5477 on July 22, 2022, which established new provisions on types of visas, application processes, and issuance, among others. One of the main changes to the Colombian immigration regime introduced by Resolution 5477 is the inclusion of the Visitor Visa for Digital Nomads. Since October 21, 2022, the date on which the new immigration regime entered into force, foreigners, whether independently or labor-related, who wish to enter to provide remote work or teleworking services from Colombia through digital media and internet exclusively for foreign companies, or to start a digital content or information technology venture of interest to the country, may request and obtain a Visitor Visa for Digital Nomads at a Colombian consulate abroad or directly at the Ministry of Foreign Affairs.

Among other requirements, the applicant must demonstrate through bank statements a minimum income equivalent to minimum monthly wages (approximately $1,220 USD) during the last three months, and health insurance with coverage in Colombia against all risks in case of accident, illness, maternity, disability, hospitalization, death, or repatriation, for the planned duration of stay in Colombia.

This multiple-entry visa is valid for up to two years. The authorized period of stay is the same time for which it is granted. It allows beneficiary visas for the spouse, permanent partner, and children of the holder. The holder of this visa may not work or carry out any paid activity with a natural or legal person in Colombia. According to Resolution 5477, this visa is apparently only applicable to those foreigners who are exempt from short-stay visas to enter Colombia, such as those listed in Resolution 5488 of 2022.

Similarly, nationals of countries that do not require a short-stay visa may enter without a visa and remain in Colombia with an entry and stay permit granted by Migración Colombia. With this permit, Digital Nomads can stay in the territory for up to 90 days (continuous or discontinuous), extendable for another 90 days as long as the activities they carry out do not generate payments from Colombian companies. Despite the above, it is not certain whether this type of activity can be carried out with a tourist permit (PT), integration and development permit (PID), or permit for other activities (POA), since those currently do not specifically allow this type of activity. Thus, authorization by the competent authorities must be obtained before carrying out digital nomad activities with the aforementioned permits. Possibly a new permit will be created that explicitly authorizes the execution of this type of activity.

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3. EUROPEAN UNION

The Council of the European Union has extended temporary protection for Ukrainian refugees until March 2026.

In a press release on June 25, 2024, the Council of the European Union announced its decision to extend until March 4, 2026, temporary protection for Ukrainian refugees fleeing from Russia’s war with Ukraine.

The temporary protection mechanism was initially triggered on March 4, 2022. The latest extension does not change the categories of persons covered by temporary protection.

This move by the Council aims to provide continued support and stability for Ukrainians who have sought refuge in Europe amid the ongoing conflict in their home country.

For further information, see https://www.consilium.europa.eu/en/press/press-releases/2024/06/25/ukrainian-refugees-council-extends-temporary-protection-until-march-2026/

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4. ITALY

Italy has amended its immigration law to provide quota-free entry for foreign workers. Also, under new EU Blue Card implementing guidelines, Italy has expanded acceptable documentation of validation of university diplomas.

Quota-Free Entry for Workers

A recent amendment to the Italian Immigration Law (Testo Unico dell’Immigrazione), introduced in 2023, represents a significant innovation for the entry of foreign workers through a non-quota entry route.

The new provisions allow foreign workers who have completed professional and civic-linguistic training programs approved by the Ministry of Labor and Social Policies to enter Italy and be employed at any time of the year without being subject to the limitations of entry quotas set by the flow decrees (decreti flussi).

To benefit from this opportunity, workers must have completed training programs in Professional Training (to acquire the technical skills needed to perform specific job roles required by Italian companies) and Civic-Linguistic Training (Italian language learning and civic training to facilitate the worker’s integration into Italian society).

The procedure for bringing in and employing foreign-trained workers includes:

• Identification of Programs: Companies must identify and collaborate with approved training programs.
• Entry Application: Employers can submit an application for the entry of the foreign-trained worker at any time during the year.
• Evaluation and Authorization: Competent authorities will evaluate the application and, if approved, authorize the worker’s entry into Italy.

This new provision offers several advantages to Italian companies:

• Flexibility: Companies can quickly respond to labor needs without waiting for annual flow decrees.
• Competitiveness: The new provision allows faster access to qualified workers and thus helps companies maintain and increase their market competitiveness.
• Targeted Training: Workers who complete approved training programs are already prepared for the specific needs of Italian companies.

Only programs officially recognized by the Ministry qualify workers for the “quota-free” entry. For more details, see the list of approved programs and countries involved in the project here.

EU Blue Card in Italy: Validation of a University Diploma

According to the new European Union (EU) Blue Card implementing guidelines, Italian authorities are now accepting the CIMEA (Information Centre on Academic Mobility and Equivalence) Statements of Comparability and Verification as an alternative to the Declaration of Value (Dichiarazione di valore) diploma validation.

The primary goal of CIMEA is to enhance academic mobility in all its forms. CIMEA aims to facilitate understanding of the Italian education system and foreign education and training systems, while promoting the principles of the Lisbon Recognition Convention on qualifications recognition. The website, available in English, provides useful information on the application process. By paying a reasonable fee, it is possible to have the statement issued in 60 days. To apply for CIMEA’s services, you will be asked to upload scanned copies of your documents (e.g., diplomas, transcripts) to the dedicated platform. The website guides the user through the submission process, provides a list of documents required for each country (and indicates if translation is required), and generally helps in navigating the overall process with clear guidelines.

Applicants should be aware, however, that local offices are implementing the new guidelines slowly and that the EU Blue card online application form has not yet been updated by the government. Before going for the CIMEA validation, it is advisable to ask the relevant immigration office whether they accept it in place of the Dichiarazione di valore at this stage.

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5. UNITED KINGDOM

There have been developments related to right-to-work checks and the transition to eVisas.

Right-to-Work Checks on BRPs Short-Dated to 31 December 2024

There is an ongoing Home Office transition to eVisas, which means that people with a physical immigration document such as a Biometric Residence Permit (BRP) must apply for an eVisa before the end of 2024. Anyone with a BRP having an expiration date of 31 December 2024 whose UK visa is valid beyond that date will need to apply. BRP holders will need to register for a UK Visas and Immigration (UKVI) account. The eVisa is the online record of the immigration status contained in the UKVI account.

In relation to right-to-work checks on employees with a BRP short-dated to 31 December 2024, the new guidance confirms the following:

• Online check. Where an employer has carried out an online right-to-work check on a BRP, they will have seen the expiration date of the visa itself, rather than the short-dated 31 December 2024 BRP expiration date. In this situation, no immediate action is required. The usual repeat check can be made before the visa expires.
• Manual original document check. Before April 6, 2022, employers could carry out a manual right-to-work check on an original BRP. Where the employer has carried out such a check and recorded 31 December 2024 as the right-to-work expiration date, the guidance says that a “follow-up check”—an online right-to-work check—will be required before the end of the year.

Repeat Right-to-Work Checks Not Required on Employees With Pre-Settled Status

A 2023 High Court judgment covered issues relating to EU citizens who have applied for the EU Settlement Scheme for pre-settled status (when they have not yet lived in the UK for five years) or settled status (when they have been living in the UK for five years). The judgment established that, in accordance with the Withdrawal Agreement when the UK left the EU, pre-settled status holders do not lose their right to residency if they fail to make a settled status application before the expiration of their pre-settled status.

As a result of the judgment, the Home Office guidance on right-to-work checks was finally updated as follows:

• No right-to-work expiration date for holders of pre-settled status. Employees with pre-settled status are no longer considered to have an expiration date for their right to work.
• No repeat right-to-work checks. Employers do not need to carry out a repeat right-to-work check on employees with pre-settled status. This puts them in the same position as employees with settled status and means employers only need to check the employee’s right to work once—before the employment starts.

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5. New Publications and Items of Interest

The Cornell International Law Journal will host “The (Im)possibility of Immigration Reform?,” a symposium celebrating the career of Stephen Yale-Loehr and his contributions to the field of immigration law. The symposium will be held at Cornell Law School on November 8, 2024, from 9:30 a.m. to 4 p.m., followed by a reception. Register to attend the symposium in person, or if you are unable to attend in person, there is a webinar option.

Alliance of Business Immigration Lawyers:

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

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ABIL Member / Firm News

ABIL Members and lawyers who are on the American Immigration Lawyers Association’s National Committees include:

USCIS Benefits & Policy Committee: Vincent Lau (Vice Chair), Vic Goel, Ari Sauer

DOL Liaison Committee: Andrea-Li Wallace, Michele Madera

DOS Liaison Committee: Magaly Cheng, Elise Fialkowski, Elissa Taub

CBP National Liaison Committee: Janice Flynn

EOIR Committee: Dustin Baxter, Aaron Hall

USCIS Field Operations Committee: Charles Kuck, Johnna Main Bailey

EB-5 Committee: Kristal Ozmun

H-1B Taskforce: Dagmar Butte

Military Committee: Daniel Carpenter, Catherine Magennis

Verification & Compliance Committee: Timothy D’Arduini, Marketa Lindt, Matthew Webster

Benefits Litigation Committee: David Isaacson, Zachary New, John Pratt

Standing Committee on Political Engagement (SCOPE): William Stock

Business Section Steering Committee: Dagmar Butte, June Cheng, Nam Douglass, Christian Park

Family Section Steering Committee: Jorge Gavilanes

Federal Court Litigation Steering Committee: Zachary New

Global Migration Section Steering Committee: William Hummel (Immediate Past Chair)

Ethics Committee: Oxana Bowman

Pro Bono Committee: Vikram Akula

Media Advocacy Committee: Elissa Taub

High Impact Adjudications Assistance Committee: Adam Cohen

Client Resources Committee: Meghan Moody

Innovation and Technology Committee: Hannah Little (Vice Chair), Vic Goel

Technology Advisory Group: Julie Pearl

Well-Being Committee: Jennifer Howard

Board Member Emeritus: Charles Foster

Annual Conference 2024 Planning Committee: Jason Susser

Mid-Winter Conference Planning Committee: Elissa Taub

Innovation and Technology Summit Planning Committee: Julie Pearl

AILA Law Journal: Cyrus Mehta (Editor-in-Chief), Kaitlyn Box (Editorial Board Member), Dagmar Butte (Editorial Board Member)

2024-2025 AILA Online Course Review Committee: Avalyn Langemeier (Vice Chair)

Mid-South Chapter Chair: Jason Susser

Dagmar Butte was quoted by Forbes in O-1A Visas, National Interest Waivers Rise After Immigration Guidance. She said she was not surprised that the approval rate for national interest waivers declined. “I think while the category has been broadened, Matter of Dhanasar still rules the day, so for me, every case has to pass that test before I’ll file it.” Ms. Butte referenced the Administrative Appeals Office decision Matter of Dhanasar (December 27, 2016), which established a three-factor test for national interest waivers.

Klasko Immigration Law Partners, LLP (KILP) is celebrating its 20^th anniversary since its formation as a firm in 2004. Since its inception, KILP has grown from four partners to nine, from 30 employees to more than 110, from offices in two cities to offices in three cities with employees in 19 states. Over the last 20 years, KILP attorneys and the firm have been recognized by various publications, such as Chambers and Partners, U.S. News & World Report’s Best Lawyers in America©, Best Law Firms in America©, and Best Companies to Work For; EB5 Investors magazine; Human Resources Executive magazine; Lawdragon; and Lexology.

Klasko Immigration Law Partners, LLP, published a client alert, What You Need to Know About President Biden’s New Immigration Actions.

Klasko Immigration Law Partners, LLP, published a blog post: Canada is Implementing New Immigration Strategies to Reduce the Number of Temporary Residents by 2027.

Charles Kuck was quoted by Law360 in Expired Diversity Visas Can’t Be Processed, DC Circ. Says. The article discusses a decision by the U.S. Court of Appeals for the District of Columbia on June 25, 2024, that reversed several lower court orders requiring the Department of State to process applications for diversity visas for fiscal years 2020 and 2021 after the deadline. Mr. Kuck, representing the plaintiffs in an appeal, told Law360 the legal team is disappointed by the decisions, “especially that it took more than 21 months for a resolution that protects the unconscionable efforts of the Department of State to intentionally deprive our clients of this opportunity to become permanent residents of the United States. Shame on the Biden administration for appealing this case.”

Cyrus Mehta and Kaitlyn Box co-authored a blog post: SEC v. Jarkesy and Loper Bright v. Raimondo: How the Supreme Court’s Dismantling of the Administrative State Impacts Immigration Law.

Mr. Mehta and Jessica Paszko authored a blog post: Does the Signing of the I-485 Supplement J by a New Employer Constitute Visa Sponsorship?

Mr. Mehta authored several blog posts: The Uncertain Path of the D-3 Waiver for DACA Recipients Under Biden’s New Immigration Initiative and Granting Deferred Action to Aging Out Children in Lawful Status Is Preferable to Having them Start All Over Again.

Mr. Mehta, Stephen Yale-Loehr, and several others co-authored a blog post, Think Immigration: Chevron Is Dead! Thoughts on the Immigration Impact of Loper Bright Enterprises, for the American Immigration Lawyers Association.

Mr. Mehta, Greg Siskind of Siskind Susser PC, and William Stock were quoted by Law360 in Immigration Attys Cautiously Optimistic After Chevron Ruling [available by registration]. Among other things, Mr. Mehta said, “I think [what constitutes a particular social group under asylum law is] basically up for challenge” in the wake of the Loper Bright Supreme Court decision, which upended the Chevron defense. Mr. Siskind said, “There is already discussion happening over rules that are decades old getting a fresh look. It’s going to be a very tumultuous period in the next few years and Congress needs to finally get back to managing immigration policy as the Constitution intended.” Mr. Stock said, “Even in circuits which tend to be reluctant to overturn removal orders, you’ll at least have them having to grapple with whether the [Board of Immigration Appeals’] decision is legally correct.”

Mr. Mehta was quoted by Bloomberg Law in Immigration Proponents Get Boost From End to Chevron Doctrine. Having Chevron off the table could help pro-immigrant plaintiffs suing over a regulatory rescission of those programs because the executive wouldn’t be entitled to deference without a reasoned analysis of those decisions, he said: “That would give a better legal basis to challenges to regulations that are restrictive.”

Mr. Mehta was quoted by the Times of India in America’s SC: Courts Need Not Defer to Federal Agency Decisions—It’s a Mixed Bag for the Indian Diaspora. He said, “Without Chevron, federal courts will no longer pay deference to a government agency’s interpretation of a provision in the Immigration and Nationality Act (INA). Hence, employers may be able to find a court willing to give a more favorable interpretation of a statute granting H-1B or L visa classification to a noncitizen worker.” He added, “Similarly, the USCIS in recent years provided an interpretation to the ‘extraordinary ability’ or ‘outstanding researcher’ categories in employment-based first preference petitions that was difficult to meet. Removing deference to these interpretations will more likely result in successful challenges to these denials in federal court. The USCIS will be held to the strict language of the statute and its expansive interpretation of the statute may no longer be allowed to stand.” He also noted, “Even if Chevron no longer helps, there is also a clear authorization in the INA for the USCIS to issue work authorization to noncitizens and to set time and other conditions for nonimmigrants under the INA without having to rely on an expansive interpretation of the statute to issue such benefits.”

Mr. Mehta was quoted extensively by Forbes in DHS, USCIS Urged to Protect Green Card Applicants and Their Children. The article notes that a new letter by a bipartisan group of lawmakers in Congress urges the Biden administration to take action to protect the children of green card applicants and proposes several policy changes. Mr. Mehta said, among other things, that the administrative proposals in the letter “are both interesting and intriguing as they may only give a temporary benefit to the child who has aged out with no pathway to permanent residence. Still, until Congress provides a legislative solution, these proposals, especially the first and second, would be an interim solution.” The article notes that Mr. Mehta favors advancing the Dates of Filing in the Department of State’s Visa Bulletin as much as possible to allow those waiting in employment-based green card categories to file I-485 applications for adjustment of status.

Mr. Mehta, Mr. Yale-Loehr, and William Stock were quoted by Law360 in Justices’ SEC Ruling Unlikely to Bear on Immigration Actions (available by registration). Commenting on the Supreme Court’s ruling, Mr. Mehta noted that it meant that immigration cases won’t require a jury trial. He said that if a case were “before an administrative law judge or before an immigration court, I don’t think Jarkesy impacts immigration hearings based on this decision.” Mr. Stock said the impact of Jarkesy on immigration would be negligible. With respect to immigrants, “you don’t have any rights unless Congress gives them to you, full stop,” he said, noting a possible exception for cases involving fines related to behavior between two private parties. Mr. Yale-Loehr said, “Justice Roberts noted several categories of cases concerning public rights, including immigration law. In such cases, agency penalties do not require a jury trial.”

John Pratt was elected to the Board of Directors of Invest in the USA (IIUSA), the largest EB-5 trade organization in the United States. Founded in 2005, IIUSA is the national membership-based 501(c)(6) not-for-profit industry trade association for the EB-5 Regional Center Program. To date, IIUSA represents 200+ Regional Center members and 120+ Service Provider members across the country serving 47 states/territories. IIUSA said its work has “empowered our members to create tens of thousands of jobs in a wide range of industries and American communities,” generating more than $32 billion in foreign direct investment. Through dedicated advocacy work, education, industry development, and research, IIUSA advocates for policies that maximize economic benefit to the United States. “Our primary mission is to achieve the permanent Congressional reauthorization of the EB-5 Regional Center Program after over 30 years of enthusiastic bipartisan support and record-breaking economic impact,” IIUSA said.

Greg Siskind of Siskind Susser PC authored a column on mastermind groups that was published by the American Bar Association (available by registration).

Mr. Siskind was quoted by Reason in Why the End of Chevron Could Be a Win for Immigrants. He said, “Congress has passed almost no immigration legislation in the past 20 years,” but “presidents still have to administer the immigration system even as the legislation becomes more and more out of date.” In practice, he explained, that means presidents have “gotten more and more creative in interpreting existing statute language to achieve their policy objectives in the absence of Congress playing a role.” He noted that presidents “have issued an assortment of administrative rules and policies to implement those policies.” Mr. Siskind said that agencies “will still be able to defend interpretations of ambiguous statutes, but they will need to provide a lot more evidence that their interpretation is consistent with the statute and a judge will have a lot more authority to disagree and impose his or her own view of what that statute means. So I expect both pro-immigration and anti-immigration plaintiffs to attack a variety of policies and for the courts to play a much bigger role in setting immigration policies for the country.”

Mr. Siskind was awarded the inaugural Technology & Innovation Award by the American Immigration Lawyers Association (AILA) “in acknowledgment of his pioneering work leveraging technology to streamline processes, increase efficiency, and improve client service.” AILA said that Mr. Siskind “has led in the area of immigration law and technology for years – his history as a website pioneer, early internet marketer, co-founder of IMMPact Litigation, and more. But most recently he has truly made astonishing strides. As a co-founder of Visalaw.ai, he harnessed his vision and commitment to building a generative AI product specifically for immigration lawyers.” AILA also noted that “Mr. Siskind helps others develop their own abilities and knowledge on how technology might help them in their practices. He appears in countless webinars, roundtables, innovation focus groups, chapter seminars, and national conferences. He also prepares and produces an annual survey of immigration case management software, then works with AILA to publish it for members.” Through his work, AILA said, Mr. Siskind “has inspired a generation of immigration lawyers to embrace technology and innovation in their practices.”

Jason Susser of Siskind Susser PC was quoted extensively by Forbes in USCIS Seeks to Boost Immigration Policy for Entrepreneurs (available via subscription). The article explains that Mr. Susser obtained approval for a client in the United States under the International Entrepreneur Rule, but the process took a long time, and the client returned to Canada and now runs a business there. “She was a graduate student and built a nice company. It took so long to get approved, and Canada has some major tax credits for startup [research and development] salaries that she told me she probably will not use the parole under the International Entrepreneur Rule after waiting two years and will remain in Canada.” The article notes that Mr. Susser said his client raised more than $1 million after completing her MBA at Stanford. Nine months passed after submitting the application before receiving a Request for Evidence from USCIS. “The first red flag was that the RFE came from the Immigrant Investor Program office, which are the officers who deal with EB-5 applications, and that program is notoriously slow. Then the RFE did not ask about the client but instead entirely focused on whether the U.S. investor is a ‘qualified investor.’ Even there, the big hang-up with the investor was not whether he had invested, but instead whether his investments in other companies had led to the required growth.” He said, “They were asking for documents of the U.S. investor’s other portfolio companies, which were unrelated to the case. Even though the investors we were working with were very supportive, they couldn’t go to companies they have invested in and ask for their employees’ I-9s, taxes and other private information to give to another company for an immigration case.” The case was approved after about two years, the article notes, but by that time, the client had decided to remain in Canada.

Mr. Yale-Loehr was quoted by the Boston Globe in ‘Czar’ or Not, Harris Bungled Immigration. He said that “it’s difficult to figure out what can be accomplished in a short period of time. I think she started the groundwork” to address the root causes of migration from Central America to the United States.

Mr. Yale-Loehr was quoted by the Chicago Sun-Times in Immigration Advocates in Chicago “Disappointed and Angry” Over Lack of Reforms, Plan DNC Protests. “I think there will be a lively debate at the Democratic National Convention in Chicago about immigration,” he said. “The Biden administration has done a lot, but really Congress needs to step up the plate to enact immigration reform to once and for all cure our broken immigration system.”

Mr. Yale-Loehr was quoted by Syracuse.com in Ecuadoran Accused of Killing Woman in Syracuse Was Waiting in U.S. for Immigration Hearing (available by subscription). He discussed what happens when a person crosses the border, with the overarching question of whether a person will be released into the United States or sent back. He noted that those requesting asylum will be asked whether they have a credible fear of persecution in their home country. If the answer is yes and the person provides an answer that doesn’t seem “frivolous,” they are let go with a court date and can remain in the United States while their asylum application is pending. Later they need to appear in immigration court and convince an immigration judge that their fear is based on one of the asylum grounds to remain in the United States, Mr. Yale-Loehr explained. In the case discussed in the article, the man accused of the murder, if convicted, is likely to serve a long sentence and be deported after completing it. “It’s clear that now he has come to the attention of the immigration authorities. No matter what happens with the criminal trial, he’s got immigration issues he’s going to have to deal with.”

Mr. Yale-Loehr was quoted by Univision in The Debate on Biden and Trump Immigration Policies: Exaggerations and Lack of Proposals (in Spanish with English translation available). He said, “Biden favors legal immigration; Trump wants to deport the country’s 11 million undocumented immigrants. They both want to control our borders, but Trump is willing to go further than Biden to close the border.” Mr. Yale-Loehr specified that “no matter who wins the White House, they will inherit a failed immigration system. There is a lot a president can do to improve immigration policies through executive actions. Ultimately, Congress needs to enact immigration reform. That may be easier or more difficult depending on which party wins the House of Representatives and the Senate.”

Mr. Yale-Loehr was quoted by the Verge in What Scotus Just Did to Broadband, the Right to Repair, the Environment, and More. He said, “In the past, employers have had a hard time overturning narrow interpretations of H-1B issues because of Chevron deference. Now, however, people who feel that the agency is too stingy in its interpretation of various visa categories may be more likely to seek court review.” The article notes that “[t]he effects of this patchwork system will not be felt immediately, nor will they be felt evenly.” Mr. Yale-Loehr said, “A lot needs to be worked out, and it will be confusing and complicated for several years.”

Mr. Yale-Loehr was quoted by Univision in Debate: Biden and Trump’s Immigration Policies Clash on Everything and Agree on Nothing (in Spanish with English translation available). He said, “Biden favors legal immigration; Trump wants to deport the country’s 11 million undocumented immigrants. They both want to control our borders, but Trump is willing to go further than Biden to close the border.” He noted that “no matter who wins the White House, they will inherit a failed immigration system.” Mr. Yale-Loehr noted that “[t]here is a lot a president can do to improve immigration policies through executive actions. Ultimately, Congress needs to enact immigration reform. That may be easier or more difficult depending on which party wins the House of Representatives and the Senate.”

Mr. Yale-Loehr was quoted by Newsday in Migrant Crisis: Hope and Uncertainty for Ecuadorian Man Returning to New York City (available by subscription). Mr. Yale-Loehr observed that President Biden toughened asylum restrictions on June 4, 2024, but “Julio [Zambrano] came in before these recent changes, so it doesn’t affect him.” Lawyers are critical in asylum and other immigration hearings, he said. “If he has an attorney, his chances of winning are going to be much higher than if he tries to do it on his own. Which judge Mr. Zambrano ends up getting also can make a huge difference, Mr. Yale-Loehr said. “Some judges in New York are pretty lenient on asylum cases, and others are very tough. As one person called it, it’s refugee roulette.”

Mr. Yale-Loehr was quoted by the New York Times in Small Step Could Bring Big Relief to Young Undocumented Immigrants. The article discusses a measure announced by the Biden administration on June 18, 2024, that will enable certain Deferred Action for Childhood Arrivals (DACA) beneficiaries to receive employer-sponsored work visas and become eligible to apply through their employers for permanent residence. “It is a small step within a complex immigration system that can smooth the way for many individuals to get a work visa more quickly,” Mr. Yale-Loehr said.

Mr. Yale-Loehr was quoted by Forbes in DACA Recipients Could Gain H-1B Visas Under New Immigration Policy. He said, “The parole in place provisions for undocumented spouses of U.S. citizens will get more press attention, but the other administrative action may be just as important. Employers have been reluctant to use the D-3 waiver because the process was slow and unclear. New State Department guidance is expected to make D-3 waivers more predictable and faster. In this tight labor market, that will be great news for employers.”

Mr. Yale-Loehr was quoted by Newsweek in Joe Biden Embraced Trump’s Border Tactics. It Doesn’t Seem to Be Working. He said, “There is only so much any president can do to manage border flows. People flee their homes for many reasons, including persecution, war, climate change, and poverty. A presidential proclamation isn’t going to stop that.” Mr. Yale-Loehr said that only “a multipronged approach can manage migration effectively. Such an approach would include working with regional partners, establishing safe mobility offices to educate people about their visa options before they leave home, and increasing foreign aid to improve economies so people don’t need to leave home to survive. The Biden administration is trying all these actions. It will just take time to see any meaningful results.”

Mr. Yale-Loehr was awarded the Robert Juceam Founders Award by the American Immigration Lawyers Association (AILA). The award is given to “the person or entity having the most substantial impact on the field of immigration law or policy.” AILA said that Mr. Yale-Loehr “has been a giant in the immigration legal community for decades. Not only has he had an immense impact on the students he teaches at Cornell Law School, [but] he has written a casebook on immigration law, and edited numerous immigration publications” that reach far beyond the classroom. AILA noted that Mr. Yale-Loehr has served on AILA’s National Asylum and Refugee Committee and contributed to many other national committees. He also shares key insights with the media through regular outreach to reporters and has served as a resource. Mr. Yale-Loehr has practiced immigration law for more than 35 years. “He also teaches immigration and asylum law at Cornell Law School as Professor of Immigration Practice and is of counsel at Miller Mayer in Ithaca, New York. He also founded and was the original executive director of Invest In the USA, a trade association of EB-5 immigrant investor regional centers,” AILA said. Mr. Yale-Loehr is a founding member of the Alliance of Business Immigration Lawyers. He was the “2001 recipient of AILA’s Elmer Fried Award for excellence in teaching and the 2004 recipient of AILA’s Edith Lowenstein Award for excellence in advancing the practice of immigration law. He is also a Fellow of the American Bar Foundation and a non-resident fellow at the Migration Policy Institute.” AILA said Mr. Yale-Loehr has also “mentored hundreds of law students and immigration lawyers” and “embodies the best of scholarship, practice, and teaching.”

Mr. Yale-Loehr was quoted by the Associated Press in The ACLU is Making Plans to Fight Trump’s Promises of Immigrant Raids and Mass Deportations. He said, “The second Trump administration, if there is one, will be better prepared” to overcome lawsuits than the first one was. He noted that the first Trump administration often saw its policies halted by rulemaking and procedural mistakes that it could fix this time around. For example, it could use past legal decisions to find workarounds. “Both sides have seen the litigation battles, and seen how the courts have ruled,” Mr. Yale-Loehr said.

Mr. Yale-Loehr was quoted by Law360 in Exceptions May Help New Border Rules Survive Litigation (available by registration). He said that a new Biden administration policy, similar to Trump administration travel bans, to restrict entry if unauthorized border crossings exceed a limit—set forth in a presidential proclamation and an interim final rule—will be “a close call if it goes to the Supreme Court. The Biden administration will say that this too has certain exceptions, and it is temporary, and therefore it’s within the zone of deference that should be accorded to the president under [INA §] 212(f). I’m sure the ACLU and others will argue that that is a direct conflict. And therefore, even under Trump v. Hawaii, this new presidential proclamation and executive order are illegal or violate the law.”

Mr. Yale-Loehr was quoted in several news articles about President Biden’s immigration actions, including the Los Angeles Times, Vox, Newsday, Scripps News Service, and Yahoo. For example, in Biden’s Sweeping New Asylum Restrictions, Explained (Vox), Mr. Yale-Loehr said, “Immigrant advocates will say the asylum provision explicitly allows people to apply for asylum even if they enter between ports of entry, and therefore to suspend entry because too many people are entering between ports of entry violates an express provision of the immigration law. Courts will have to decide how much deference to give President Biden and whether his lawyers have crafted the executive order carefully enough.”

Mr. Yale-Loehr was quoted by the Voice of America in On Immigration Reform, U.S. Has Accomplished Next to Nothing in Decades. He said that “immigration reform has always been hard to get through Congress. … Donald Trump wants to make immigration one of his key pillars of his campaign. So he basically killed the efforts in the Senate and the House earlier this year.” According to Mr. Yale-Loehr, there is no possibility of immigration reform legislation until 2025. “And even then, it will depend on who is the president and who controls the House and the Senate.” He said that he does not expect reform any time soon. “We have a broken immigration system. Courts have said that immigration law is as complex as our tax law. And just as it seems impossible for Congress to overhaul our tax system, I don’t think any Congress is likely to be successful in trying to reform all of our broken immigration system. … But there are bits and pieces that Congress could pass as sort of a down payment,” he said.

Mr. Yale-Loehr was quoted by Law360 in Migrant Influx Fuels Push for Right to Immigration Counsel. He said that reforming the immigration system and expanding access to counsel should both happen simultaneously: “We need to do both. We have a broken immigration system, and we do need to overhaul it. But whether we overhaul it or are stuck with the existing system a while longer, we need more immigration lawyers and other navigators to assist immigrants in immigration proceedings.”

WR Immigration published a blog post: Corporate & Counsel Interlude: Employer Impact Statement on Parole and DACA/Dreamer Executive Order.

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Headlines:

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

2. ITALY – Italy’s digital nomad visa: finally a dream come true? This article also discusses quotas and application times under Decreto Flussi 2024.

3. RUSSIA – The Ministry of Internal Affairs has commented on the salary for highly qualified specialists.

4. UNITED KINGDOM – New Immigration Rules have been published that include salary increases for Skilled Workers, with fast-approaching deadlines for assigning Certificates of Sponsorship and submitting applications before the rule changes. Also, the Migration Advisory Committee will review the Graduate Visa Route and expects to publish a report in May.

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

ABIL Member / Firm News – ABIL Member / Firm News

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ABIL Global Immigration Update – April 2024

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1. RED FLAGS IN TAXATION RELATED TO IMMIGRATION: AN OVERVIEW

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

Italy

Individuals living in Italy who are registered as residents with the municipality (residenti), spend at least 183 consecutive days over a 12-month period in the country, or whose main interests are centered there are considered tax residents and must pay taxes on their worldwide income.

Italy has agreements in place with 40 countries, including members of the European Union, Canada, and the United States. This allows foreign national employees from these countries to remain under their own social security systems for up to five years. Foreign employers and employees from those countries with which Italy does not have an agreement must pay social security taxes under the Italian tax system, which in the aggregate is approximately 39% of the employee’s salary.

Spain

An International Mobility Process legal strategy should be determined with a holistic approach, i.e., taking into account the various legal areas concerned: immigration, labor, social security, and taxation. This approach will allow for a consistent and efficient solution. In support of a holistic approach, the relationships and differences among tax and migration rules should be noted.

Residency in Spain differs for tax and migration purposes. In the case of a foreign national, a resident from a migration point of view is the holder of a residence permit/visa, whereas a tax resident is, in principle and except if otherwise established in the applicable International Tax Agreement, a person who spends more than 183 days in Spain in a calendar year. This means that a foreign national can be a tax resident in Spain without having a residence visa/permit, and even if the foreign national has such visa/permit, he or she might not be considered a resident for tax purposes.

It is important to bear in mind that certain visas, such as those for digital nomadic employment and entrepreneurship, can facilitate access to certain beneficial tax regimes, such as the “Beckham Law,” a special tax regime whereby a foreign national, despite being a tax resident, is taxed as a nonresident at a fixed rate of 24% for the first €600,000 received from the employment source.

It is also important to analyze the tax impact from a business point of view of having a worker providing services in Spain. Despite not having a company in the country, this could create a permanent establishment.

In short, although the concept of residence is not the same from a tax and an immigration point of view, immigration status could influence the tax treatment.

Türkiye

Türkiye’s immigration procedures, like most countries, are affected by local tax requirements. Issues related to tax, social security law, and employment law must all be considered by the Turkish employer sponsoring the work permit. This article focuses on tax-related matters.

The salary of a work permit holder may be paid in Türkiye or abroad—under certain conditions—assuming all social security requirements are complied with. If the Turkish employer is paying a salary for the foreigner in Türkiye, the sponsor must withhold income tax due from the employee’s pay at the source and pass the sums withheld to the tax authorities.

Under the Income Tax Law, employment income or wages are defined as the sum of all benefits (monetary and benefits-in-kind) paid by an employer to an employee. Note that this is not the same definition as employment income for work permit purposes, which does not include benefits, bonuses, etc.

Employees are taxed on their employment income, minus social security and unemployment insurance contributions (see below), at progressive rates, which stand in 2024 at:

• 15% of annual income up to TRY 110,000;
• 20% of annual income from above TRY 110,000 to TRY 230,000;
• 27% of annual income from above TRY 230,000 to TRY 870,000;
• 35% of annual income from above TRY 870,000 to TRY 3,000,000; and
• 40% of annual income above TRY 3,000,000.

Employees’ tax liability is reduced by the net minimum wage (TRY 17,002.12 for the year 2024) through an income tax exemption. Employees earning employment income over TRY 3,000,000 for the year 2024 should submit an annual tax return. This must be submitted in March 2025 for fiscal year 2024. In addition to income tax, employees must pay a “stamp tax” of 0.759% of gross wages, which their employer must deduct from pay at the source and remit to the tax authorities.

Assuming the foreign employee is paid by the sponsor in Türkiye, both employer and employee must pay contributions to the public social security system administered by the Social Security Institution (Sosyal Güvenlik Kurumu [SGK]). Employers must generally register employees with the SGK at least one day before their employment starts. In newly registered companies, employees can be registered within one month of commencing employment. Note that these deadlines are different from the employment commencement notification that must be sent to the Ministry of Labor for certain work permit holders.

Note also that Türkiye has a significant double tax treaty network, assigning taxation rights to signatory countries for defined income types. Apart from a U.S. treaty, all double tax treaties signed by Türkiye are modeled according to Organisation for Economic Co-operation and Development regulations. The double tax treaties define employment income under “Article 15—Dependent personal services.” This article under certain conditions may not assign a right to tax employment income to Türkiye but to the other signatory country. The conditions may vary depending on the individual treaty, but the criteria for taxing rights usually depend on the person’s length of stay, the payment jurisdiction, and existence of a permanent establishment. Therefore, if there is an applicable double tax treaty, it is important to evaluate each person’s tax position on a standalone basis.

In conclusion, compliance with tax and social security regulations is extremely important for sponsors of work permits. As the work permit is adjudicated by a directorate under the Ministry of Labor (MoL), any noncompliance perceived in the context of the filing/renewal of a work permit, or observed in an MoL inspection, can and will be forwarded to the appropriate directorate(s) within the MoL, such as the Social Security Institute, Employee Health and Safety, or National Health Care. Therefore, a violation of tax requirements can lead to compliance penalties in other areas (e.g., monetary fines, increased risk of audit, prohibition to benefit from social security incentives) for employers of work permit holders.

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2. ITALY

Italy’s digital nomad visa: finally a dream come true? This article also discusses quotas and application times under Decreto Flussi 2024.

Digital Nomad Visa

From information received from unofficial sources, it appears that the Ministries of the Interior, Foreign Affairs, Tourism, and Labor have finally signed the implementing decree for the digital nomad visa.

A “digital nomad” is defined as a non-European Union (EU) citizen who performs highly skilled remote work in Italy, either as a freelancer or as an employee/collaborator of a company, which can also be based outside Italy. The visa is exempt from “quota” limits, and it is not necessary to apply for a work permit (nulla osta) for entry as a digital nomad (professional or freelancer) or as a remote worker (employee or collaborator of a company).

The main requirements include:

• An annual income not less than three times the minimum level required for exemption from health care participation expenses (around €28,000).
• Health insurance for medical care and hospitalization valid throughout Italy and for the entire period of stay.
• Proof of having secured accommodation in Italy.
• At least 6 months of work experience as a digital nomad or remote worker.

The visa applicant must submit a declaration signed by the employer and a self-certification in which the worker must attest to the absence of criminal convictions.

Once the visa is issued, the holder can travel to Italy and must apply for a residence permit within eight working days of entry. The worker will be issued a permit as a “digital nomad—remote worker” valid for one year, renewable each year if the conditions and requirements are met. Digital nomad/remote workers can bring core family members (spouse and children under 18, parents under certain conditions).

Social security coverage: Where bilateral agreements on social security exist between Italy and the country of origin, these agreements will apply. In the absence of such agreements, Italian social security and insurance coverage regulations will apply.

Digital nomads and remote workers will be provided with a tax code upon residence permit issuance. Digital nomads can request a value-added tax (VAT) number from the Revenue Agency, which is informed about the visa issuance by police authorities.

Refusal of the visa: The visa may be refused/revoked if the employer or contractor has been convicted in the last five years. A residence permit that has already been issued may be revoked if the worker or the company fails to comply with tax and contributory obligations.

Decreto Flussi 2024: Quotas and Application Timelines

As of February 29, 2024, it is possible to fill out applications on the Ministry of the Interior’s Portal to hire non-EU workers from abroad and to convert residence permits, within the framework of the 151,000 quotas provided for by the “quota decree” for the year 2024.

Applications can be submitted starting at 9 a.m. on the “click days” set by Decree January 19, 2024, namely:

• From 9 a.m. on March 18, applications for non-seasonal subordinate workers who are citizens of countries that have cooperation agreements with Italy;
• From 9 a.m. on March 21, applications for other non-seasonal subordinate workers (including domestic workers);
• from 9 a.m. on March 25, applications for seasonal workers.

Applications can be submitted until December 31, 2024.

Quota Categories

The 151,000 quotas are to be allocated among the following categories:

• 89,050 quotas for seasonal work in the sector of agriculture; hospitality and tourism industry quotas are reserved for certain nationalities

• 61,450 quotas (of which 61,250 are for subordinate work—work as an employee—and 200 are for self-employment)

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

• 2,500 quotas for citizens of countries that promote media campaigns regarding the risks resulting from involvement in irregular migration
• 25,000 quotas for the following nationalities: Albania, Algeria, Bangladesh, Bosnia-Herzegovina, South Korea, Ivory Coast, Egypt, El Salvador, Ethiopia, Philippines, Gambia, Georgia, Ghana, Jordan, Japan, Guatemala, India, Kyrgyzstan, Kosovo, Mali, Morocco, Mauritius, Moldova, Montenegro, Niger, Nigeria, Pakistan, Peru, Republic of North Macedonia, Senegal, Serbia, Sri Lanka, Sudan, Tunisia, Ukraine
• 20,000 quotas for citizens of countries with which Italy will have cooperation agreements (4,000 will be reserved to workers from Tunisia)
• 100 quotas for employed or self-employed work reserved for foreign nationals who have Italian ancestry and reside in Venezuela
• 200 quotas for employed or self-employed work reserved for stateless persons and refugees

In the sector of family care and support services (domestic work):

• 9,500 quotas

Permit conversion for non-EU nationals already in Italy/EU:

• 4,000 quotas for conversion from a seasonal work permit to a standard, non-seasonal work permit (as an employee)
• 150 quotas for conversion from an EU long-term permit issued by another EU country to an Italian work permit (employed/self-employed)

• 500 quotas for self-employment for:

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

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3. RUSSIA

The Ministry of Internal Affairs has commented on the salary for highly qualified specialists.

On March 1, 2024, the version of paragraph 3, part 1 of article 13.2 of Federal Law No. 115-FZ dated 07/25/2002, “On the Legal Status of Foreign Citizens in the Russian Federation,” came into force. According to that edition, the salary of a highly qualified specialist (HQS) (for the category of other foreign citizens) must be at least 750,000 rubles per quarter. Thus, to comply with this requirement, the monthly salary must be at least 250,000 rubles.

The situation is uncertain if an HQS had started working before March 1, 2024, and his or her salary in the first quarter of 2024 was less than 750,000 rubles. The question is whether the employer would be required to pay for March the amount necessary to reach 750,000 rubles for the quarter, or whether 250,000 rubles for March would be enough.

An appeal on this issue was submitted to the General Migration Department of the Ministry of Internal Affairs of Russia. The ruling was that the salary in the first quarter of 2024 should correspond to the amount determined by law. In the case of a violation, the employer cannot recruit foreign citizens to work in the Russian Federation as HQS for two years.

To avoid that risk, it would be prudent for an employer to pay the minimum of 750,000 rubles in the first quarter of 2024. For example, if the salary for January is 167,000 rubles and for February 167,000 rubles, then the salary for March should be at least 416,000 rubles.

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4. UNITED KINGDOM

New Immigration Rules have been published that include salary increases for Skilled Workers, with fast-approaching deadlines for assigning Certificates of Sponsorship (CoS) and submitting applications before the rule changes. Also, the Migration Advisory Committee will review the Graduate Visa Route and expects to publish a report in May.

On March 14, 2024, new Immigration Rules were published. For employers, the key date is April 4, 2024. This is when the new salary rules for Skilled Worker visas will come into force. The deadline for assigning a CoS under the current rules is 7 p.m. on Tuesday, April 2, 2024. For details, see below under Submission of applications before the rule changes.

A summary of the newly published Skilled Worker rules is set out below.

Skilled Worker Salary Increases

Currently, Skilled Workers must be paid the higher of the general salary threshold, the going rate for the role, or an overall minimum hourly rate (£10.75).

Changes for new hires on or after April 4, 2024:

• General salary threshold. The general salary threshold is increasing from £26,200 to £38,700.

A lower salary threshold will remain for “new entrants” (including students switching to Skilled Worker status; those under 26 years old; and those working toward registration/becoming chartered, such as architects, accountants, and solicitors). The general salary threshold for new entrants will be £30,960, up from £20,960. New entrants can be sponsored for up to four years on the lower salary threshold.

• Going rates. The going rates are also increasing and will be set at the 50^th percentile (median) of the salary range for the role, rather than the 25^th percentile as has been the case to date. A recent blog explains how the going rates will be calculated and what the new amounts will be.

As is the case under the current rules, new entrants can still be paid 70% of the full going rate.

The new higher going rates for all jobs are shown in Table 1 of the new rules from page 80 here (Option A is for standard applications and Option E is for new entrants). The overall minimum hourly rate is increasing from £10.75 to £15.88, but it will no longer be a separate requirement. Instead it is to be incorporated into the new going rates.

Changes for existing (pre-April 4, 2024) Skilled Workers:

Where someone has been sponsored as a Skilled Worker under the rules before April 4, 2024, to extend their stay, change employer/sponsor, or apply for settlement (indefinite leave to remain), the following rules will apply:

• General salary threshold. The general salary threshold will increase from £26,200 to £29,000.

The lower general salary threshold for new entrants will be £23,200, up from £20,960.

• Going rates. As expected, the going rates will increase but not by as much as for new hires. Existing Skilled Workers must meet the updated (higher) going rates but only at the same 25^th percentile, not the median. Again, the recent blog mentioned above has more details. The new higher going rates for all jobs for pre-April 4, 2024, Skilled Workers are shown in Table 2 of the new rules from page 124 here (Option F is for standard applications and Option J is for new entrants).

Shortage occupation changes as of April 4, 2024:

Under the current rules, where a job is on the current shortage occupation list, this has meant the UK Visas and Immigration application fee is slightly lower and the salary threshold is slightly reduced because it needs to be the higher of £20,960, 80% of the going rate for the role, or £10.75 per hour.

Following the Migration Advisory Committee’s (MAC) report last month on the shortage occupation list, the following changes will come into force on April 4, 2024:

• Change of name. The shortage occupation list will be renamed the Immigration Salary List.
• Jobs on the list. Due to the significant increase in the Skilled Worker salary requirements, there will now only be 23 jobs on the Immigration Salary List (see the full list in the table from page 230 here). The MAC will carry out a full review of the Immigration Salary List before the end of this year.
• General salary threshold. The lower general salary threshold for jobs on the list will increase from £20,960 to £30,960.
• Going rates. The current 20% discount on going rates will be removed. The new higher going rates for all jobs are shown in Table 1 of the new rules from page 80 here. (Option D is for Immigration Salary List jobs. However, the rates shown appear to be incorrect as they still refer to a 20% discount, so presumably the going rates shown in Option A will apply. It is hoped that this error will be corrected.)
• Existing Skilled Workers. Pre-April 4, 2024, Skilled Workers sponsored in a shortage occupation list role will need to meet a slightly higher general salary threshold of £23,200 and a slightly increased going rate (see Table 2 from page 124 here—Option I).

Other sponsored worker changes as of April 4, 2024:

• Senior or Specialist Worker. For Senior or Specialist Workers (previously known as Intra-Company Transferees (ICT) where an employee of a group company outside the UK is transferring to the UK group company), the general salary threshold will be updated from £45,800 to £48,500, and going rates will be increased.
• Graduate Trainee. For Graduate Trainees (applying to transfer from an overseas group company to work at a UK group company as part of a structured graduate program), the general salary threshold will be updated from £24,220 to £25,410, and going rates will remain based on 70% of the 25^th percentile.

Submission of applications before the rule changes:

Given the rule changes summarized above, employers may wish to submit Skilled Worker visa applications before the rule changes to avoid the salary increases.

For Skilled Worker applications, it’s important to bear in mind the timescales to receive a CoS, explained here. The key date is when the CoS is assigned, not when the application is submitted. If the CoS is assigned before April 4, 2024, the pre-April 4 rules will apply even if the application is submitted on or after April 4. See the 2024 business immigration changes timeline.

An update to the Home Office guidance gives important information on the deadline for assigning the CoS so that the application can proceed under the current rules (with the lower salary thresholds): the deadline for assigning a CoS under the current rules is 7 p.m. on Tuesday, April 2, 2024.

This is because the online sponsor management system (SMS) will be unavailable between the hours of 7 p.m. on Tuesday, April 2 to 9 a.m. on Thursday, April 4. During that period, you will not be able to assign any CoS, apply for any defined CoS for applications to be submitted outside the UK, or ask for any additional CoS for applications to be submitted inside the UK.

So if you are considering any last-minute applications before the rule changes, you must assign the CoS before 7 p.m. on Tuesday, April 2. Given the long Easter bank holiday weekend from Friday, March 29 to Monday, April 1, there is less time to assign any CoS before the deadline.

Review of the Graduate visa route:

Overseas students who complete a degree course in the UK can apply for the Graduate visa route for a two-year visa, or three years if they are studying for a Ph.D.

On March 11, 2024, the Home Secretary asked the Migration Advisory Committee (MAC) to review the Graduate route to “prevent abuse, protect the integrity and quality of UK higher education and ensure it works in the best interests of the UK.” The MAC is due to publish its report by May 14, 2024.

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5. New Publications and Items of Interest

Alliance of Business Immigration Lawyers:

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

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ABIL Member / Firm News

Seth Dalfen, Avi Gomberg, Genevieve Hénault, and Lisa Middlemiss, of Gomberg Dalfen, S.E.N.C., were included in the 2024 Canadian Legal Lexpert® Directory. They were ranked based on the Lexpert® peer survey.

Klasko Immigration Law Partners, LLP, welcomed Nick Lowrey to the firm. Mr. Lowrey has worked in immigration law for seven years and represents clients across industries. His practice primarily focuses on business immigration and worksite compliance. He has in-depth experience advising employers across a range of employment-based temporary and permanent visa categories. Mr. Lowrey leads clients through large-scale I-9 audits, provides strategic policy consulting, and offers compliance trainings to ensure clients are meeting their obligations. He consults with clients on unique I-9 issues, including suspect document assessments, immigration-related fraud, and anti-discrimination policies.

Charles Kuck appeared on Atlanta News First to comment on criticisms raised by Georgia lawmakers about the undocumented status of the University of Georgia murder suspect.

Mr. Kuck was quoted by 285 South in It’s About to Get More Expensive to File Immigration Paperwork. Regarding increases in immigration-related fees, he said, “It’s a massive money grab with no justification.” The article notes that he acknowledged that the fee increase was less than what was first proposed, but, he said, “it’s still very bad.” He also wasn’t optimistic that an increase in fees would lead to faster processing times. “[They] can’t justify doubling the cost for [a green card through] marriage.… No way [is it] related to the actual cost of doing the application.” Commenting on the fact that immigration lawyers and advocacy organizations are urging people to get their applications in before April 1 before the new fees kick in, Mr. Kuck said, “They should take advantage of the benefits that are available [at] current pricing.”

Mr. Kuck was quoted by Marianne in In the United States, the Immigration Debate is Undermined by the Biden-Trump Duel (by subscription; in French with English translation available). He noted that under current law, all people who arrive in the United States, whether at a legal port of entry or illegally, have the right to apply for asylum. However, he explained that the wait for those with legitimate asylum claims is long. For example, he said, “I have clients who applied for asylum in 2014 and still have not had a hearing before a judge.” If the proposed Senate border deal had been enacted, “there would be 4,000 new officials to handle asylum applications, and those cases would be adjudicated within six months. As many applications would be rejected more quickly, there would be fewer applicants, as many would be deported relatively quickly. This message then [would spread] to the countries of origin and fewer people [would] try their luck.”

Mr. Kuck has authored a new book, In Pursuit of a Better Future: What You Need to Know to Achieve Your American Dream.

Mr. Kuck and Cyrus Mehta were quoted by Law360 in High Court SEC Case May Bear on DOJ’s Immigration Probes (registration required). Mr. Mehta said, “In the SpaceX case, there’s a unique statute that doesn’t allow one to go and ask for attorney general review of the decision. You have to go directly to the court of appeals.” He suggested that that feature of the case could mean it’s destined for a stop at the Fifth Circuit and perhaps ultimately the U.S. Supreme Court, the article noted. Commenting on authority issues in a case the Supreme Court justices are reviewing, Mr. Kuck said, “Does that mean immigration courts are going away? Nobody’s filed that challenge yet. It’s not out there. But I can assure you that if the Supreme Court strikes down the SEC’s right and authority to do these cases, that challenge is not far behind.”

Mr. Mehta and Kaitlyn Box have co-authored a new blog post: The Application for Prevailing Wage Determination and the Application for Permanent Labor Certification: Siblings or Twins?

Mr. Mehta has authored several new blog posts: As Texas Has Been Smacked Down Thrice for Lack of Standing in Challenges to Federal Immigration Policy, Biden Should Get Even Bolder in Reforming Our Immigration System Through Executive Actions and How Corner Post Along with the Demise of Chevron Deference Can Open Up Immigration Regulations to Challenges.

Mr. Mehta and Kaitlyn Box have co-authored several new blog posts: The Potential Impact of SEC v. Jarkesy on Immigration Law and EB-5 Lawyers and Board of Immigration Appeals in Matter of Aguilar Hernandez Provides Glimpse of How Statutes and Regulations Will Be Interpreted Without Deference to Government.

WR Immigration has published several new blog posts: 5 Takeaways on EB-5 Visas From State Department’s FY 2023 Annual Report, USCIS Immigration Filing Fees Increase Effective April 1, and Client Alert: USCIS Final Rule for FY 2025 H-1B Cap Registration.

Stephen Yale-Loehr was quoted by the Chronicle of Higher Education in A Law That Could Restrict Graduate Students From China, Iran is Challenged in Court (registration required). The article discusses a lawsuit filed by two doctoral students and a professor to block a new Florida law “that restricts public colleges in the state from hiring graduate assistants or visiting scholars from ‘countries of concern,’ including China, Iran, and Russia.” Mr. Yale-Loehr said, “The U.S. Constitution provides due process and equal protection to everyone in the U.S., not just citizens. This Florida law clearly violates those rights by barring certain international students and professors from conducting academic research.” He noted that a federal appeals court recently blocked another Florida law that banned Chinese citizens, including graduate students and professors, from buying property in the state because it would violate federal law. “I am confident that a federal court will void this Florida law on the same grounds,” he said.

Mr. Yale-Loehr was quoted by Verify This in No, Biden’s Executive Order Doesn’t Allow Ineligible People to Vote. He said, “Nothing in the executive order allows noncitizens to vote.… The executive order clearly states that [it] only protects the right to vote ‘for all Americans who are legally entitled to participate in elections.’ Noncitizens, even green card holders, are not allowed to vote in national elections.” He noted that “[o]nly Congress can change the law to allow noncitizens to vote in federal elections, and even that would probably require a constitutional amendment, as it did to allow women to vote.”

Mr. Yale-Loehr was quoted by Verify This in No, the President Can’t Completely Close the Border by Executive Order. The article notes that some people, including House Speaker Mike Johnson, have cited section 212(f) of the Immigration and Nationality Act “when claiming Biden has the authority to shut down the border via executive action.” Mr. Yale-Loehr said that federal law does give the president broad powers to suspend the entry of certain noncitizens who are “detrimental to the interests of the United States,” but that “doesn’t mean [the President] can just shut the border.”

Mr. Yale-Loehr was quoted by Time in How a Dead Border Deal Led to a Trump-Biden Border Duel. He said, “Presidents have a lot of authority when it comes to immigration, because immigration touches on sovereignty and foreign relations. However, any president’s authority is not unlimited.”

Mr. Yale-Loehr co-authored an op-ed in Law360, NY Must Address Urgent Need For Immigration Legal Aid.

Mr. Yale-Loehr was quoted by CNN in Biden Considering New Executive Action to Restrict Asylum at the Border, Sources Say. He said, “President Biden has broad powers under the immigration statute, but they are not unlimited. Section 212(f) of the Immigration and Nationality Act allows a president to suspend the entry of noncitizens who are ‘detrimental to the interests of the United States,’ but that doesn’t mean he can just shut the border to everyone.”

Several Alliance of Business Immigration Lawyers members were listed in Chambers Global Guide 2024:

GLOBAL IMMIGRATION LEGAL NETWORK

Alliance of Business Immigration Lawyers – Band 1

FIRMS

GLOBAL: MULTI-JURISDICTIONAL

Kingsley Napley LLP – Band 2

CANADA

Corporate Immigration Law Firm – Band 2

Gomberg Dalfen – Band 2

UNITED STATES

Klasko Immigration Law Partners, LLP (Immigration: Business – USA – Band 2)

Wolfsdorf Rosenthal LLP (Immigration: Business – USA – Band 3)

Foster LLP (Immigration: Business – USA – Band 4)

Sidley Austin LLP (Immigration: Business – USA – Band 4)

Kurzban, Kurzban, Tetzeli & Pratt (Immigration: Business – USA – Band 4)

INDIVIDUALS

Immigration – Canada

Barbara Jo Caruso – Band 1

Seth Dalfen – Band 2

Avi Gomberg – Band 2

Immigration: Business – USA

Dagmar Butte – Band 2

Ronald Klasko – Band 1

Charles Kuck – Band 1

Ira Kurzban – Star Individual

Vince Lau – Band 2

Marketa Lindt – Band 1

Robert Loughran – Band 4

Cyrus D. Mehta – Band 1

Angelo Paparelli – Band 1

John Pratt – Band 2

Gregory Siskind – Band 1

William Stock – Band 1

Stephen Yale-Loehr – Band 1

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