In January 2019 the US Department of Homeland Security passed a rule that amended the regulations governing the H-1B cap-subject selection process. One of the biggest changes requires employers seeking to file an H-1B cap-subject petition to register the foreign national with the US Citizenship and Immigration Services online electronic registration system. This article sets out some of the items to be aware of with respect to the online electronic registration system for the upcoming H-1B cap season.
The Agreement on Admission to the Labour Market for a Temporary Transitional Period following the Withdrawal of the United Kingdom from the European Union and the Free Movement of Persons will provide facilitated access to the labour market for British nationals in Switzerland and for Swiss nationals in the United Kingdom after Brexit. The agreement will serve as a transition regime in the event of a no-deal Brexit and would be entered into for a limited period until 31 December 2020.
The Ministry of Human Resources and Emiratisation recently announced that private companies in the United Arab Emirates may now employ men who have been sponsored by their families on a dependant visa. The ministry has already begun issuing two-year work permits to eligible men sponsored by their families according to the announcement. Until now, only women sponsored by their families were entitled to work. Men were entitled to a work permit only if covered by their employer's visa allocation.
The Ministry of Manpower recently issued Decree 228/2019 on Certain Positions Permissible for Foreign Employees, which came into effect on 27 August 2019 and revoked all prior relevant decrees on this matter. The appendix to Decree 228/2019 provides a list of positions and business fields in which foreign employees can be employed. The list will be evaluated every two years (or as needed).
Two new resident status categories for foreign nationals were recently put in place in order to cope with Japan's labour shortage. The first of these new resident categories is the specified skills 1 category, which covers individuals who have a substantial degree of knowledge or skill in the 14 initial industrial fields that require additional labour. The second, the specified skills 2 category, covers individuals who have sufficient skills in the specified industrial fields.
In light of the continuous developments and ambiguity surrounding the Brexit negotiations, as well as the uncertainty facing British citizens who currently reside in EU member states, the Maltese government recently propagated regulations concerning the residence and employment rights which will be upheld for British citizens who already reside and work in Malta. The regulations are set to come into force in the event of a no-deal Brexit.
The Foreign Nationals Act has been renamed the Foreign Nationals and Integration Act, with effect from 1 January 2019. The Foreign Nationals and Integration Act has revised the earlier provisions and introduced new ones to encourage and support foreign nationals' integration into Switzerland. Further, the act now includes provisions relating to the integration of non-EU nationals in Switzerland.
President Donald Trump has issued a memorandum to the attorney general and secretary of homeland security as a follow-up measure to a recent proclamation which declared a national emergency in order to address the security and humanitarian crisis at the US-Mexico border. The memorandum confirms that further steps should be proposed to enhance the integrity and efficiency of the existing asylum system.
The Board of Alien Labour Certification (BALCA) recently reversed a decision where a certifying officer had denied a Programme Electronic Review Management labour application because the employer had not specified the exact combination of education, training and experience equivalent to a bachelor's degree that would be acceptable. BALCA held that the language used by the employer had been acceptable.
The Board of Alien Labour Certification recently ruled that there is a lack of clarification about licensing on Form 9089 and that a Programme Electronic Review Management application should not be denied for failure to state the alien's acquisition of a licence. However, the fly in the ointment is that while Form 9089 does not itself clarify this point, the separate instructions to the form do require employers to include licence acquisition.
The Home Office recently released its statement of changes setting out proposed changes to UK immigration rules. The statement contains the long-awaited details of changes to the Tier 1 (Investor) visa, which were announced in December 2018 shortly after the Home Office backtracked from its announcement that the visa was about to be suspended. The proposed changes are significant and clarity is needed with regard to the application of the transitional rules.
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The Council of Government recently came to an agreement on the status of British citizens living in Luxembourg in the event that the United Kingdom leaves the European Union on 29 March 2019 without a withdrawal agreement. According to the statement, answers to questions concerning the situation of British nationals living in Luxembourg, as well as Luxembourg nationals living in the United Kingdom, are available online.
In the event of a no-deal Brexit, British nationals who take up residence in Switzerland after 29 March 2019 would not benefit from any rights of protections currently granted under the Agreement on the Free Movement of Persons and would thus be considered non-EU nationals. Under Switzerland's ordinary immigration regime, non-EU nationals generally have no right to obtain a Swiss residence and work permit, and Swiss immigration authorities have wide discretionary power when reviewing permit applications.
Israeli and international organisations seeking to employ foreign workers in Israel in management positions or in positions that require special expertise or training must apply for a foreign expert work permit (B/1 permit) from the Population and Immigration Authority. The employment of foreign workers without a proper work permit constitutes a criminal offence, which may lead to fines and other criminal penalties being levied on the employer and its senior management, as well as on the employees.
Recent media reports indicate that the United States is quickly losing its place as the top destination for global talent, resulting in a growing 'brain drain' of skilled talent to countries such as China. Moreover, recent policy changes have made it increasingly difficult for foreign-born students to remain in the United States after graduation. Such short-sighted measures will only hinder US competitiveness in the long run.
Indonesian entities must comply with certain requirements and follow a specific procedure when hiring foreign employees. The requirements and procedure used to be provided for in Minister of Manpower (MOM) Regulation 16/2015, as amended by MOM Regulation 35/2015. However, in 2018 the MOM issued a new regulation, which introduced a requirement to obtain a notification from the MOM when hiring foreign employees.
The Department of Labour recently announced the implementation of the new Labour Condition Application (LCA) form. The prior LCA form is no longer acceptable. The implementation of the new form will affect LCA processing, since additional information will now be needed to complete the new form. Among other changes, the new LCA form now requires the full legal name and any 'doing business as name' for end clients where the H-1B worker will be placed to perform job duties.
The US Citizenship and Immigration Services issued an alert on 28 September 2018 reminding F-1 students with an H-1B petition that remained pending on 1 October 2018 that they risk accruing unlawful presence if they continue to work on or after 1 October (unless otherwise authorised to continue employment) because their cap-gap work authorisation was valid only until 30 September.
The Department of Labour's Office of Inspector General (OIG) recently found that the Employment and Training Administration's lack of control over the H-2B applications process has jeopardised businesses that depend on H-2B workers. According to the OIG, H-2B application processing delays "could prevent employers from obtaining foreign workers by their date of need" or "obtain[ing] US workers to fill those positions".