Aires recognizes the ever-changing landscape of visa and immigration practices and the challenge of keeping up with them during your busy workdays. Aires, in partnership with Erickson Immigration Group, has prepared an outline of the Top 5 immigration updates relevant to mobility.
Stricter requirements for visa types across the globe, including increased compliance and enforcement activity:
- Singapore – Ministry of Man tightened requirements for EP and S pass applications. Job posting requirement on the Singaporean government website doubled from 14 days to 28 days.
- Australia – Job advertisements must now be posted on the government website for 28 days in addition to two other commercial sites.
- Ireland – Labor officers inspecting homes for permanent remote workers
- S. – Greater sync between USCIS and DOL; officer site visits now occurring in people’s homes
PERM (Program Electronic Review Management) audits on the rise:
- Increase in PERM audits, being driven by COVID-related unemployment
- Processing delays of up to 4-5 months possible
- Resume response increases
Public Charge Rule has returned:
- Following a 9/11/2020 U.S. Court of Appeals decision, the public charge rule is now active and applies to all green card applications filed on or after 2/24/2020
- Expect a Request for Evidence if an Adjustment of Status was filed without Form I-944
- Any Adjustment of Status filed after 10/13/2020 without an accompanying Form I-944 will be rejected
Exceptions to June 22 travel ban proclamation have been announced:
- On 8/12/2020, the Department of State carved out several National Interest Exceptions to the June 22 Proclamation:
- Healthcare professionals
- Extensions without change in position, employer, or visa type
- New H-1Bs for technical specialists or senior level managers with caveats (pick 2):
- Proof of financial hardship, wages exceed prevailing wage by 15%, unusual expertise in field, employer is in critical infrastructure sector (chemical, communications, dams, defense, industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water systems) and offered role provides significant and unique contributions
- New L-1As (only new offices employing less than 5 USC workers) & L-1Bs with long tenure abroad for critical infrastructure sector
- Department of State also expanded Dropbox (interview waiver) options for those applying for an extension within 24 months rather than 12 through December 31, 2020
October Visa Bulletin update:
United States Citizenship and Immigration Services (USCIS) announced they will be using the Dates for Filing Employment Based Visa Applications Chart (“Chart B”) effective October 1, 2020. As a result, there will be substantial number of individuals eligible to apply for adjustment for the first time in October 2020. Notably under Chart B:
- EB-2 China went from August 1, 2016 to October 1, 2016
- EB-2 India went from August 15, 2009 to May 15, 2011
- EB-3 China went from May 1, 2017 to June 1, 2018
- EB-3 India went from February 1, 2010 to January 1, 2015
If you would like to receive more information on current immigration requirements, please contact your Aires representative.