In this issue:

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

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

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

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

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

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

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ABIL Global Immigration Update – December 2019

1. REMOTE WORKERS IN COLOMBIA: AN OVERVIEW

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

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

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

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

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2. FRANCE

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

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

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

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

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

Simplification of Procedures

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

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

Dematerialization

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

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

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

Reduction of Taxes on Residence Permits

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

French Language Level for Naturalization

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

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

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3. RUSSIA

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

New Regional Programs for Relocation of Compatriots Living Abroad

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Address Registration—New Regulations

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

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

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

Document submission options:

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

Timelines:

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

Russian Citizenship—Bill Under Review

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

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

Address Registration—Bill Under Review

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

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

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

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

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

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

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

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

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

Botswana—Agreement on Visa-Free Travel Came Into Force

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

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

Saudi Arabia—Memorandum on Simplification of Visa Requirements

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

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

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

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

The memorandum does not cover the following visa categories:

• Work
• Student
• Permanent stay
• Religious pilgrimage

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

Russian Citizenship via Simplified Procedure—Bill Under Review

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

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

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

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

Currently, there are several exceptions to this requirement:

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

This initiative is under discussion.

Additional Immunization Campaign Against Measles

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

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4. UNITED KINGDOM

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

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

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

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

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

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5. New Publications and Items of Interest

Alliance of Business Immigration Lawyers:

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

The latest published media releases include:

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

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

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

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6. ABIL Member / Firm News

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Headlines:

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

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

3. COLOMBIA -There have been several developments.

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

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

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

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

Details:

1. REMOTE WORK IN COLOMBIA: AN OVERVIEW

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

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

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

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2. CANADA

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

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

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

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3. COLOMBIA

There have been several developments

Present and Future of the Mercosur Visa

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

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

The Practice of Regulated Professions by Foreign Workers

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

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

Start of PEP Renewal

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

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

Migration Flexibility for Venezuelans

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

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

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4. ITALY

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

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

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

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

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

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5. RUSSIA

There have been a variety of developments:

Russian Government Approves Agreement With Republic of Croatia

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

Quota for Engaging Foreign Labor Slightly Increased

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

Updated High-Migration Risk Countries List

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

E-Visas to be Introduced Starting January 2021

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

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

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

Foreign Citizens Now May Enter Kaliningrad Region Using Electronic Visas

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

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

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

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

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

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

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

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

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

The bill introduces the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Professional Mastership Championships

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

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

Visa Formalities Simplified for Artists and Scientists

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

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

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

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

Year of Theatre: Visas for Guests are Free of Charge

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

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

2019 Quota Amended

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

Citizenship for Qualified Specialists

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

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

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

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6. New Publications and Items of Interest

Alliance of Business Immigration Lawyers:

• The latest immigration news is at https://www.abil.com/news.cfm.
• The latest published media releases include:
  • ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs
  • New Data Show Increase in H-1B Denials and RFEs
  • ABIL Urges Administration to Change “Buy American and Hire American” Executive Order
  • ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy
  • ABIL Members Note Immigration Threats for Employers in 2018
• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

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7. ABIL Member / Firm News

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Headlines

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

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

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

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

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

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

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

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

Details:

1. DOCUMENT RETENTION POLICIES AND PRACTICES: AN OVERVIEW

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

Canada

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

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

Italy

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

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

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

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2. COLOMBIA

COLOMBIA

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

Changes in the Visa Application Process

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

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

Mercosur Visa Temporarily Suspended for Chilean Nationals

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

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

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

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

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

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

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

New Conditions for Venezuelans Traveling to Colombia with Expired Passports

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

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

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

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3. EUROPEAN UNION

EUROPEAN UNION

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

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

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

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

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4. FRANCE

FRANCE

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

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

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

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

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

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

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

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

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

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

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

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5. ITALY

ITALY

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

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

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

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

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

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6. UNITED KINGDOM

UNITED KINGDOM

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

Brexit Update: EU Extends Deadline to October 31

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

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

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

E-Gates

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

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

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

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

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

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

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

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7. New Publications and Items of Interest

Alliance of Business Immigration Lawyers:

• The latest immigration news is at https://www.abil.com/news.cfm.
• The latest published media releases include:
  • ABIL Says Proposed Change to Public Charge Rule Would Exclude Immigrants from Government Programs
  • New Data Show Increase in H-1B Denials and RFEs
  • ABIL Urges Administration to Change “Buy American and Hire American” Executive Order
  • ABIL Member Kuck Baxter Immigration Commercial Nominated for an Emmy
  • ABIL Members Note Immigration Threats for Employers in 2018
• ABIL is available on Twitter: @ABILImmigration.
• Recent ABIL member blogs are at http://www.abilblog.com/.

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8. ABIL Member / Firm News

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

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

FIRMS

United States

Cyrus D Mehta & Associates PLLC

Foster, LLP

Fredrikson & Byron

Klasko Rulon Stock & Seltzer

Kuck Baxter

Maggio & Kattar

Miller Mayer

Parker, Butte Lane

Pearl Law Group

Seyfarth Shaw

Siskind Susser, PC

Wolfsdorf Rosenthal LLP

Canada

Corporate Immigration Law Firm

Gomberg Dalfen

Global

Alliance of Business Immigration Lawyers

Laura Devine Solicitors

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

Dorda (Europe, Global, High Net Worth)

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

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

Sagardoy Abogados (Europe – for Employment)

Raczkowski Paruch (Europe – for Employment)

Tannus & Asociados (Latin America)

INDIVIDUALS

United States

Jim Alexander

Robert Aronson (US and Global)

Dagmar Butte

Charles Foster

David Fullmer

Anna Gallagher

1. Ronald Klasko (US and Global)

Charles Kuck (US and Global)

Judy Lee

Cyrus Mehta (US and Global)

John Meyer

Christy Nguyen

Angelo Paparelli

Julie Pearl

Jan Pederson

Gregory Siskind (US and Global)

Jennifer Stevens (US and Global)

William Stock

Anastasia Tonello

Bernard Wolfsdorf

Stephen Yale-Loehr (US and Global)

Canada

Jean-Philippe Brunet

Barbara Jo Caruso

Seth Dalfen

Avi Gomberg

Global (see also individual listings above under United States)

Sophie Barrett-Brown

Ilda de Sousa

Laura Devine

Nicolas Rollason

Jennifer Stevens

Rodrigo Tannus

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

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

Dagmar Butte will be speaking at the following events:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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