European Union: Potential Impact of Volcanic Ash on European Travel

Travelers who are affected by flight cancellations resulting from the recent volcanic eruption in Iceland and have to remain in their host destination beyond their authorized period of stay are urged, at a minimum, to retain proof of their planned travel and contact their Fragomen global advisor with any queries or concerns.

Fragomen is conscious that travelers to the UK and Europe may be affected by flight delays and cancellations resulting from the cloud of ash produced by the recent volcanic eruption in Iceland.

Travelers may be required to remain in their host destination beyond their authorized period of stay due to unavailability of flights. Travelers whose authorization to remain in their host country has or will shortly expire are urged to contact their Fragomen representative to ascertain what, if anything, the immigration authorities will require in such circumstances. At a minimum, clients are urged to retain proof of the planned travel that would have enabled them to depart the country prior to the expiration of their status. Some jurisdictions may require additional documentation.

Furthermore, clients should also be aware that the disruptions are causing delays in courier service to and from Europe, which may impede the timely submission of immigration applications and could delay potential start dates for employment or business activities within the European region.

The content of this alert is provided for information purposes only.

If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to EACordination@fragomen.com.

Source: Fragomen

United Arab Emirates: Guarantee Deposits to be Required by Dubai International Financial Centre

Effective January 24, 2010, employers operating in the Dubai International Financial Centre (DIFC), one of the United Arab Emirates’ Free Trade Zones, must submit a refundable guarantee deposit of AED 2,500 (approximately US $680) with each new work permit application for a foreign national or permit renewal application.

By February 20, 2010, employers must submit the guarantee for all existing work permit holders. Entities with more than 50 employees must submit a single, total deposit of AED 125,000 either in cash or in the form of a bank guarantee. DIFC authorities will hold the deposit to ensure employers and their foreign workers comply with work permit rules and obligations.

All guarantee payments must be made in favor of DIFC Investments LLC. The guarantee deposit will be refunded when the employee visas are either cancelled or transferred. The Personnel Sponsorship Agreements (PSA) that employers must sign when they establish their operations in the DIFC already contain provisions requiring the guarantee deposits to sponsor a work permit, but these provisions are only now being implemented.

The content of this alert is for information purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to middleeast@ae.fragomen.com.

Source: Fragomen

United Kingdom: Upcoming Immigration Changes in 2010

This spring, the UK Border Agency (UKBA) is expected to introduce more stringent overseas employment requirements for new intracompany transferees and limit their ability to apply for permanent residence. The UKBA will also introduce new internship and work experience categories for foreign nationals and is also expected to loosen compliance requirements for foreign nationals who are promoted while working in the UK.

Following two reports from the Migration Advisory Committee, the United Kingdom’s independent advisor on migration issues, a number of changes to the UK immigration system are anticipated in 2010. In April, the introduction of new restrictions on intracompany transferees under Tier 2 of the Points Based System is expected. Also in April, the UK Border Agency (UKBA) is expected to introduce two new immigration categories for internships and work experience.

The UKBA is also expected to change its policy concerning the position of foreign workers who are promoted while working in the UK.

New Restrictions for Tier 2 (Intra Company Transfer)

The UKBA has confirmed that it will make two changes to the Tier 2 (Intracompany Transfer) category that are tentatively scheduled for implementation in April 2010. First, the minimum period of time a foreign national must work for his or her sponsoring employer overseas to qualify for intracompany status will be increased to twelve months, up from six. In addition, the UKBA intends on removing the ability of Tier 2 intracompany transferees to apply for permanent residence in the UK after five years of working in the UK.

Foreign nationals already residing in the UK in the Tier 2 intracompany transferee category will not be affected by these changes.

New Immigration Categories

The UKBA has also confirmed that it is tentatively scheduled to introduce two new non-work immigration categories in April 2010. The first new category will allow companies to offer internships to foreign nationals studying at foreign universities as part of the company’s recruitment process. The second category will allow companies to employ foreign nationals in global graduate and other work experience programs in the UK. Note that neither of these new categories will permit employment in a permanent position nor act as an alternative to a Tier 2 employment category.

New Policy Towards Promotions for Foreign Workers

The UKBA has also tentatively scheduled to change its policy concerning the position of foreign workers who are promoted while working in the UK. Currently, any significant change to the job of a Tier 2 worker must be pre-approved by the UKBA. Under the upcoming policy, which is expected be implemented in February 2010, companies employing foreign nationals under Tier 2 would only need to notify the UKBA of a promotion and not apply for pre-approval of the employment change, provided the promotion or other change of job can be considered a natural career progression.

The content of this alert is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to ukcaseinitiate@fragomen.com.

Source: Fragomen

Russia: 2010 Quota-Exempt Occupations Announced

The Russian government has released the list of occupations that are exempt from work authorization quotas for 2010. After January 23, employers may apply for work authorization for foreign nationals in these occupations even if they did not submit an application for a 2010 quota allotment.

The Russian government has released the list of occupations that are exempt from work authorization quotas for 2010. Foreign nationals applying for or renewing work authorization for any of the designated positions will not be subject to the 2010 quotas.

The quota exemption list takes effect on January 23. After that date, employers may apply for work authorization for foreign nationals seeking to fill these positions even if the employer did not submit an application for a 2010 quota allotment. However, employers are still required to give priority to qualified Russian nationals for any of these positions.

The occupations exempt from the 2010 quotas are:
1. General director of a joint stock company
2. General director of a joint enterprise
3. General director of an enterprise
4. General director of general directorship
5. General director of an inter-industry scientific venture
6. General director of a production facility
7. Director of a department
8. Director (deputy) of a branch office
9. Director of a plant
10. Director of economics
11. Director of a representative office
12. Director of a factory
13. Director (executive) of a management board
14. Director (head, executive) of an enterprise
15. Director of a firm
16. Director of a joint stock company
17. Director of a joint enterprise
18. IT security engineer
19. Engineer of automation and mechanization of production procedures
20. President of association (corporation, trust etc.) (economic organizations)
21. Chairman of the Board of Directors
22. Deputy Chairman of the Board of Directors
In preparing this alert, Fragomen worked closely with VISTA Foreign Business Support (Moscow). The content herein is provided for informational purposes only.

If you have any questions regarding this alert, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services, or send an email to emea@fragomen.com.

Source: Fragomen

India: Foreign Nationals Face New Procedures and Increased Wait Times as Bangalore Foreigners’ Registration Office Assumes Regional Enforcement Authority

Foreign nationals residing within the jurisdiction of the Foreigners’ Registration Office (FRO) in Bangalore now must follow new registration procedures due to the elevation of the FRO to the status of Foreigners’ Regional Registration Office (FRRO) on January 11. As an FRRO, the office will provide an increased immigration enforcement presence in the city. Registration applicants should be prepared for increased wait times to file applications and collect documentation as a result of the procedural changes.

The Foreigners’ Registration Office (FRO) in Bangalore has been elevated to the status of a Foreigners’ Regional Registration Office (FRRO), effective January 11, 2010. The move to FRRO operations in Bangalore has resulted in several procedural changes, as well as additional security requirements, which have increased wait times for foreign nationals registering their presence in India.

Foreign nationals holding any visa valid for more than 180 days must register at their local FRRO or FRO within 14 calendar days of arrival in India. The registration requirement, if applicable, is generally noted on the visa. A new registration must be completed when a visa is renewed, or if the registered foreign national’s personal information (such as a residential address) has changed.

While it was previously necessary for a registration applicant to appear in person at the Bangalore FRO only when filing a registration application, Bangalore registration applicants (including children) are now required to visit the FRRO in person both to submit applications and for endorsement and collection of immigration documentation. In addition, applications may only be submitted between 9:30 a.m. and 1:00 p.m., while submissions previously were accepted from 11 a.m. to 5:30 p.m. Documents can now be collected only between 4:30 and 5:30 p.m. On a positive note, the Bangalore FRRO will process registration applications in one working day, whereas the processing time at the Bangalore FRO was typically three to five working days.

The reduction in application and collection hours has resulted in long queues at the Bangalore FRRO and applicants should be prepared for longer wait times. However, a new system may be introduced in the coming weeks to help streamline the application process and reduce wait times.

The elevation of the Bangalore FRO to an FRRO was due to a need for an increased immigration enforcement presence in the city, a result of Bangalore’s rapid development as the information technology hub of India and the large number of foreign companies and foreign nationals settling there. An FRO office is usually a Commissioner of Police or District Superintendent of Police office that also oversees in-country immigration functions and reports to the State Government. An FRRO is dedicated entirely to in-country immigration procedures and reports to the Indian Ministry of Home Affairs and the Intelligence Bureau. The FRRO in Bangalore is the sixth such office in the country. There are also FRROs in New Delhi, Mumbai, Chennai, Kolkata and Amritsar.

Please note that Fragomen staff are available to provide guidance to assignees and to accompany assignees to the Bangalore FRRO, as needed, and will be present at the Bangalore FRRO to assist with any difficulties that might arise.

The content herein is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email toindiaqueries_newpolicy@fragomen.com.

Source: Fragomen

India: New Limitations on Issuance and Use of Tourist Visas

Holders of Indian tourist visas are now required to wait at least two months from their last departure from India before re-entering the country for tourism. Exceptions may be available under certain circumstances.

With certain exceptions, foreign nationals holding Indian tourist visas will now be required to wait at least two months from their last departure from India before re-entering the country for tourism purposes, according to new guidelines from the Indian government that seek to curb misuse of tourist visas. The rule is effective immediately and generally prohibits foreign nationals from requesting a new tourist visa at an Indian consular post abroad within two months of the expiry of their last tourist visa, and multiple-entry tourist visa holders from re-entering India within a period of two months from their last departure.

Indian authorities have clarified, however, that tourists may be allowed to re-enter India within two months of their last departure in certain situations, such as a death or serious illness in the family, the non-availability of connecting flights out of India, or other exigent circumstances that can be proven through documentation. All requests for authorization to re-enter India on a tourist visa within two months of the tourist’s prior departure are decided on the merits of each case and subject to the discretion of the Indian authorities.

Multiple-entry tourist visa holders who plan to re-enter India within two months of their most recent departure from India may be allowed to do so provided that they: (1) submit a detailed itinerary and supporting documentation (e.g., ticket bookings) proving the genuine touristic nature of their travel at the time of their request, and (2) register with the relevant Foreigner (Regional) Registration Office within 14 days of re-entry.

Applications for new tourist visas submitted within two months of the expiry of the applicant’s last tourist visa will be referred to the Ministry of Home Affairs and subject to heightened scrutiny.

The Indian government has issued an FAQ document that provides further information and clarification regarding the use of tourist visas, available here.

The content herein is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email toindiaqueries_newpolicy@fragomen.com.

Source: Fragomen

US: Foreign Nationals and Their Employers Should Prepare for Visa and Travel Delays in the Wake of Recent Air Security Incidents

Due to recent air travel incidents, the U.S. government has announced a wide-ranging review of security procedures that is expected to lead to stricter travel and visa issuance policies. This is in addition to already-heightened security screening at U.S. and international airports. In light of increased security measures, foreign nationals and their employers must be prepared for longer waits at all stages of travel, including possible delays in an employee’s ability to enter the United States to begin or resume work.

Security Clearances in the Visa Application Process

Foreign nationals and their employers should be prepared for the increased likelihood of lengthy background checks and longer waiting periods before a U.S. consulate will issue a visa.

During the visa application process, all foreign nationals are checked against Department of State security databases and watch lists. But some applicants may be required to undergo further government security clearances, based on the results of the watch list check or because of the applicant’s nationality and background. If the consulate determines that a security clearance is required, the foreign national cannot be issued a visa until the clearance is completed. Because this process is confidential, the consulate will not confirm that a clearance is underway; instead, it typically informs the visa applicant that additional “administrative processing” is required.

Though some security clearances can be resolved in days, most take at least a few weeks and some can take months to complete. The State Department will not expedite a security clearance except in very rare cases, such as a medical emergency or when there is a significant U.S. interest.

Travel Restrictions

As part of the government’s review of security procedures, it is expected to scrutinize existing security databases and watch lists — including “no fly” lists — and broaden the criteria that could lead to an individual being placed on such a list. As a result, more travelers could find themselves subject to travel restrictions, closer questioning and searches at airports, and heightened immigration inspection at ports of entry. Where the government has significant security concerns about a foreign national, it could also decide to revoke an already-issued U.S. visa.

Who Is Subject to Additional Security Checks?

Consular, transportation and border officials have broad authority to require any foreign national to undergo additional security checks, but increased screening and restrictions are more likely if a traveler is from a country of concern or interest to the U.S. government.

Since the Christmas Day incident on an international flight bound for Detroit, the U.S. Transportation Security Administration (TSA) has required additional airport security screening for citizens and nationals of 14 countries: Afghanistan, Algeria, Cuba, Iran, Iraq, Lebanon, Libya, Nigeria, Pakistan, Saudi Arabia, Somalia, Sudan, Syria and Yemen. Individuals from these countries should also expect heightened scrutiny at U.S. embassies and consulates and at U.S. ports of entry on arrival.

Nationals of several other countries previously designated for heightened security screening could also be affected. These countries include Algeria, Bahrain, Bangladesh, Djibouti, Egypt, Eritrea, Indonesia, Jordan, Kuwait, Malaysia, Morocco, Oman, Qatar, Tunisia and the United Arab Emirates.

Fragomen is closely monitoring security screening procedures at U.S. consulates and ports of entry, and will issue further Client Alerts as developments occur.

Source: Fragomen

United States: Several State Immigration Laws Went Into Effect on Jan. 1, 2010

While there was relatively little legislative action on the state front in 2009 targeting the employment of foreign nationals compared to past years, at least three important state laws affecting employers became effective on January 1, 2010, in the states of South Carolina, Georgia and Illinois. In addition, there were developments in late 2009 in the states of Nebraska and Missouri, and some enforcement of existing laws in Colorado and South Carolina.

There was relatively little legislative action on the state front related to the employment of foreign nationals in 2009, as state legislatures await both the U.S. Supreme Court’s decision on the preemption issue in Chamber of Commerce v. Candelaria (in which the constitutionality of the Legal Arizona Workers Act will be scrutinized) and the outcome of comprehensive immigration reform efforts at the federal level.

However, three state laws that affect companies that employ foreign nationals went into effect on January 1, 2010:

• The South Carolina Illegal Immigration Reform Act law is being implemented in stages. As of January 1, 2010, all state contractors seeking to enter into a services contract with a public employer in the state of South Carolina must either (1) participate in the federal E-Verify program to confirm the employment authorization of all new hires, or (2) only hire employees who possess or qualify for a South Carolina driver’s license (or other state license with similarly strict requirements). By July 1, 2010, all employers in South Carolina will be required to meet the E-Verify/Driver’s License requirement.
• The Georgia Security and Immigration Compliance Act, which was also implemented in stages, became fully effective on July 1, 2009 and requires all state contractors and subcontractors to verify the status of newly hired employees through E-Verify. On January 1, 2010, an amendment to the Act became effective. It provides that no employer or agency or political subdivision shall be subject to lawsuit or liability arising from any act to comply with the E-Verify and work authorization verification requirements set out in the law. Also, once a contractor enters into a contract with a public employer and executes an affidavit of compliance, that affidavit becomes an open public record (except that any information protected from public disclosure under federal law must be redacted). Finally, public employers that are required to participate in E-Verify must post their E-Verify identification number on their website.
• In Illinois, SB 1133 – effective January 1, 2010 – amends The Right to Privacy in the Workplace Act to make it consistent with the federal court decision in United States v. Illinois, which held that the state’s attempt to prohibit employers from enrolling in E-Verify until the program met certain specified benchmarks was unconstitutional. However, the amendment does add language urging employers, prior to voluntarily enrolling in E-Verify, “to consult the Illinois Department of Labor’s website for current information on the accuracy of E-Verify and to review and understand an employer’s legal responsibilities relating to the use of the voluntary E-Verify program.” The law also creates a cause of action for employees, or prospective employees, who believe an employer has failed to abide by the restrictions on use of E-Verify under federal law.

There has also been some recent enforcement of existing state laws in the states of Colorado and South Carolina. In addition, a new E-Verify law in Nebraska took effect on October 1, 2009. Nebraska’s LB 403 requires state contractors to use E-Verify to determine the work eligibility status of new employees physically performing services within the state of Nebraska. Finally, note that Missouri has issued an updated Notice to Vendors (providing that effective September 1, 2009, a vendor’s affidavit of work authorization need only be provided to the public employer on an annual basis) as well as a sample Affidavit of Work Authorization.

Fragomen is closely monitoring immigration law developments at the state level, and will issue additional Client Alerts as developments occur. If you have any questions about this Alert, please contact your designated Fragomen professional.

Source: Fragomen

United States: REAL ID Deadline Extended

The Department of Homeland Security (DHS) announced that it would be extending the December 31 REAL ID material compliance deadline. DHS’s goal in permitting the extension is to avoid travel disruption during the holidays.

The Department of Homeland Security (DHS) announced late this past Friday, December 18, 2009, that “in order to ensure that the millions of Americans traveling this holiday season are not disrupted,” it is extending its previously announced December 31 REAL ID compliance deadline. Without the extension, states and territories would have either had to be in compliance with REAL ID, or establish that they demonstrated certain milestones, by December 31, and some individuals traveling on commercial aircraft or entering federal buildings might have been delayed.

DHS reported on Friday that while progress toward driver’s license security had been made, 46 of 56 jurisdictions would not have been able to meet REAL ID requirements through partial or interim compliance. The May 10, 2011, deadline for full compliance by jurisdictions remains in effect, according to DHS, and the Department will continue to work closely with jurisdictions to meet this deadline. The May 10, 2011 deadline is for states and territories and would not necessarily impact all individual license holders immediately. A requirement that all licenses be fully REAL ID-compliant is still several more years away.

Meanwhile, DHS continues to support the passage of the PASS ID Act (S. 1261), a bill that would repeal or change some aspects of the REAL ID Act. However, the PASS ID Act remains in committee in the Senate and there is no indication that it will progress through the legislative process before December 31.

Impact on Employers: No changes in the acceptance of drivers licenses used for travel or to enter federal buildings should be expected or encountered beginning on January 1, 2010.

Source: Fragomen

United Kingdom: Migration Advisory Committee Announces Tier 1 Recommendations

The United Kingdom’s Migration Advisory Committee (MAC) has recommended a number of changes to the country’s immigration programs for highly skilled foreign nationals under the Points Based System, including adjusting the points allocation for previous salary figures and lowering the minimum education requirement. The MAC’s recommendations will not take effect without further action by the UK government.

The Migration Advisory Committee (MAC), the United Kingdom’s independent advisor on migration issues, has recently completed a review of country’s immigration programs under Tier 1 of Points Based System (PBS) for highly skilled foreign nationals. The MAC confirmed that Tier 1 should continue to be used to attract the “brightest and the best” while reiterating that Tier 1 migrants should not displace or undercut employment opportunities of UK workers. As such, it recommended a number of changes to Tier 1. Because the MAC is not a rule-making body, its recommendations will not result in changes to the UK’s immigration policy unless further action is taken by the UK Border Agency or other governmental bodies.

Tier 1 (General) Recommendations

For the general Tier 1 category for highly skilled foreign nationals seeking to be employed or engage in self-employment in the UK, the MAC recommended:

• Allowing foreign nationals with a bachelor’s degree as their highest educational qualification to qualify for the Tier 1 (General) category provided they demonstrate sufficient prior salary levels. If adopted, this would be a reversal to the current policy under Tier 1 (General), which requires a graduate-level degree. If this recommendation is adopted, the previous salary requirements for applicants with only an undergraduate degree will likely be substantially higher than the requirements for applicants with a post-graduate degree or above.
• Reducing the initial duration of stay for Tier 1 (General) migrants to two years, from the current three years. The MAC also recommended that a three-year extension be available for those employed in highly skilled positions.
• That the UK Border Agency should consider allowing an employer to act as a guarantor for a Tier 1 applicant’s maintenance requirement (i.e., offer of financial support if needed). This would be similar to those situations where a Tier 2 employer may provide maintenance within the first month of a Tier 2 migrant starting employment.
• A rapid and thorough review of the salary multipliers used to convert a Tier 1 applicant’s previous salary figures into the UK equivalent.

With these recommendations, the MAC confirmed that Tier 1 should continue to be robust to deal with the changing global economy. The recommendations seek to update the models of calculating foreign salary figures to reflect the current UK gross domestic product per capita, rather than the 2002 levels currently being used for Tier 1 (General). They also seek to exempt applicants with a guaranteed job offer from having to demonstrate sufficient funds in their bank account before entering the UK.

Tier 1 (Post Study Work) Recommendations

Though the MAC acknowledged that the Tier 1 Post Study Work (PSW) category should remain open as a means of recognizing the value of international graduates to UK employers, it recommended that the UK Government commission a detailed analysis of the economic benefits of studying at particular institutions and studying particular subjects, then to review whether applicants from all qualifying institutions or studying any subject should continue to be treated the same under the PSW.

Tier 1 Entrepreneur and Investor Recommendations

The MAC confirmed that there is no current need to change the investment thresholds for either the Entrepreneur or Investor categories of Tier 1. However, it implied that there may be a need to increase the thresholds in the future because the financial thresholds under this category have not increased in line with inflation and global wealth. The MAC did recommend that, within the Entrepreneur category, individuals applying for extensions should provide evidence that they have created, or their investment has lead to the creation of, the equivalent of at least two new full-time jobs for persons settled in the UK.

Increased Enforcement

The MAC reminded the UK Government that immigration enforcement is important to maintain public confidence in the UK’s immigration regime. The concept of good enforcement was introduced by the MAC in its August 2009 report concerning Tier 2. The MAC now recommends:

• Follow-up enforcement activity to ensure that an individual leaves the UK when an application for leave to remain under any Tier 1 is refused.
• Where Tier 1 migrants are employed, adequate checks to verify that employers are viewing and regularly reviewing all relevant documentation and keeping appropriate records in accordance with legislation for the prevention of illegal working.

The MAC’s full report is available at here. The UK Border Agency and other governmental bodies will now review the MAC’s recommendations and are expected to announce whether and how those recommendations will be implemented in the near future. Fragomen is monitoring these developments and will issue updates as they become available.

The content of this alert is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to ukcaseinitiate@fragomen.com.

Source: Fragomen