United States: Foreign Nationals Facing Increased Scrutiny at U.S. Ports of Entry

Foreign nationals – particularly H-1B and L-1 workers and B-1 business visitors who will be at a U.S. client site – should be prepared for closer questioning by Customs and Border Protection officials at ports of entry, and should be sure to carry appropriate documentation of their employment or business activities when traveling into the United States.

Foreign nationals should be prepared for more scrutiny at U.S. ports of entry, especially if they will engage in H-1B or L-1 employment or B-1 business visits at the location of a client, rather than of their actual employer.

We have received reports from companies, and from the media, that U.S. Customs and Border Protection (CBP) officials have recently refused admission to a small number of H-1B and B-1 foreign nationals because of questions concerning the nature of their work or visits to locations other than their employer’s offices. Although the recent incidents were apparently only at the Newark and Philadelphia international airports, all foreign nationals who will work or conduct business at client sites should be prepared for more stringent inspections at any entry point to the United States.

The recent incidents appear to be related to a Department of Homeland Security (DHS) effort to enhance enforcement of the rules governing the off-site employment of foreign workers. Only a few weeks ago, U.S. Citizenship and Immigration Services issued new guidance to require companies to demonstrate a strong employer-employee relationship with their H-1B workers, including those at client locations. Newark CBP also recently announced a targeted fraud investigation of employers and a random screening process for H and L workers. We expect that DHS will continue its scrutiny of this issue through tougher adjudications, more thorough border inspections, employer site visits, and other investigative measures.

To minimize entry problems, H-1B and L-1 workers should be ready to answer inspectors’ questions about the nature of their employment, their job duties and location, and their salary. H-1B employees should also be able to show a labor condition application (LCA) that covers their work locations, including client sites. B-1 nonimmigrants must be able to respond to questions about the nature of their business visits to the United States, and should carry clear documentation of the purpose of their visits.

Fragomen is closely monitoring border inspections of foreign workers and business visitors, and will issue further Client Alerts as more details emerge. If you have any questions about this Client Alert, please contact your designated Fragomen professional.

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

Czech authorities have instituted new health insurance requirements for foreign nationals, including both short-term visitors staying in Czech Republic for 90 days or less and long-term residents. The new requirements took effect on January 1, 2010 and apply to foreign nationals seeking entry and those who already reside in Czech Republic. However, the Czech foreign police have stated that there is an unofficial grace period, until March 31, 2010, for foreign nationals already living in Czech Republic to obtain the necessary insurance.

Insurance Requirements for Short-Term Visitors

Foreign nationals seeking to stay in Czech Republic for 90 days or less must possess travel health insurance with minimum coverage of €30,000 and no deductible for the duration of their stay. The insurance policy must be able to cover the costs of treating an injury or sudden illness during the foreign national’s stay, including transportation costs. A foreign national may purchase the required insurance policy from any company authorized to provide such coverage in his or her country of citizenship or legal residence or in Czech Republic.

Foreign nationals must be able to present a certificate of insurance when applying for a visitor visa or when seeking entry at a port of entry, if visa exempt. They must also be able to provide proof of insurance if subjected to a residence check by Czech authorities.

Insurance Requirements for Long-Term Residents

Foreign nationals seeking to remain in Czech Republic for more than 90 days must obtain medical insurance from a company that is registered in Czech Republic and appears on a list of authorized companies maintained by the Czech National Bank. A list of approved insurance companies, provided by the Czech Foreign Ministry, is available by clicking here. There are reports that additional companies, including BUPA and CIGNA, will be added to the list in the near future, but the exact timing is unknown. The insurance policy must provide sufficient coverage to cover the cost of treating an injury or sudden illness.

Foreign nationals must submit a certificate of insurance together with their long-term residence permit application, a residence permit extension application, or a long-term visa application. They must also be able to provide proof of insurance if subjected to a residence check by Czech authorities. It is unclear at this time if long-term visa applicants will also have to present the proof of insurance when collecting their visa from the consular post.

In preparing this article, Fragomen has worked closely with International Business Support s.r.o. 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 to emea@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