The Czech Republic amended the Employment Act in December 2023, introducing several changes affecting foreign workers. In order to attract new talent and develop a competitive workforce, two key changes have been implemented. 1) The rules on the labour market test have been relaxed, and 2) for a selected list of countries, free access to the labour market has been granted.

Relaxed labour market test rules.

The labour market test is the requirement to prove that is not possible to find a resident worker (Czech national or EU/EEA/Swiss national) to fulfil a position, before offering it to a third-country national. It is conducted by posting the vacant position on the Labour Office online platform for a duration of 10 to 30 days before proceeding to the next stage of the application. The labour market test is generally required for Employee Card and EU Blue Card applications.

Since July 1, 2024, the relaxed labour market test rules mean that:

• Employers will still be required to ensure that a job vacancy has been posted on the government online platform.
• Employers will no longer be required to advertise the opening for 10 to 30 days before beginning the hiring process of a third-country national worker.
• The third-country national can submit the Employee Card application as soon as the vacancy number is issued (within 1-3 days of the posting).

Please note that the Labour Office will now have the right to remove a position from the vacancy register after six months of posting. Employers who have posted vacancies in advance as a precautionary measure should adjust their practice.

Free access to the labour market for selected countries.

As part of a pilot scheme, nationals of selected countries have been introduced as a new category of beneficiary of the work permit exemption. The list of work permit-exempt countries includes Australia, Canada, Israel, Japan, New Zealand, Singapore, South Korea, the UK, and the USA.

It is possible that the list of work permit-exempt countries could be expanded, following a successful pilot of the scheme.

Effective July 1, 2024, the work permit exemption applies as follows:

• No work permit (and no vacant position posting) is required for nationals in work permit-exempt countries when working in the Czech Republic more than 90 days.

• Long term visa/residence permit requirements still apply.

• Local registration requirements still apply.

• Working whilst a visitor in the Czech Republic is still not permitted, unless an alternative exemption applies. If a national from a work permit-exempt country is required to work in the Czech Republic for fewer than 90 days (subject to the Schengen allowance), they will be required to obtain a work visa (referred to as a Schengen C visa for work purposes) before travelling to the Czech Republic.

• EU Blue Card and ICT categories are excluded from this exemption.

Newland Chase insight.

With these changes to the labour market test and the granting of free access to the Czech Republic labour market to nationals from certain work permit-exempt countries, employers should now benefit from a faster hiring process. However, employers are reminded to note that these changes do not grant permission for third-country nationals to work in the Czech Republic whilst as a visitor, unless another work permit exemption applies.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Case for any case- or company-specific assessments.  

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The Canada-Ukraine Free Trade Agreement (CUFTA) facilitates temporary entry to Canada for Ukrainian businesspersons under certain categories. Since July 1, 2024, updates to CUFTA have impacted immigration procedures falling under the International Mobility Program.

Key categories for temporary entry under CUFTA include:

• Business visitors
• Investors
• Intra-corporate transferees
• Professionals

Ukrainian citizens need a temporary resident visa to enter Canada and must apply through an Immigration, Refugees and Citizenship Canada (IRCC) office outside Canada. Those from visa-exempt countries can apply for a work permit at a port of entry. Extensions of work permits issued under CUFTA are possible (except for investors) requiring an International Mobility Program (IMP) offer of employment and compliance with standard extension requirements.

Spouses of CUFTA businesspersons may also obtain work authorization (excluding business visitors), matching the principal applicant’s duration of stay. Criteria for extension eligibility include the applicant’s activities in Canada, original purpose of visit fulfillment, and submission of relevant documentation such as service contracts or business plans.

Regulatory codes and detailed procedures ensure effective implementation and oversight of CUFTA-related immigration policies, aimed at facilitating business interactions between Canada and Ukraine.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

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Newland Chase has partnered with Go Global Immigration, PLLC, an independent, affiliated law firm, to provide expert consultation and support to clients on their U.S. immigration needs. Go Global is an independent, affiliated firm that offers a dedicated attorney-client relationship and a highly experienced team. This partnership provides our clients with access to seamless, centralized, global reporting and services.

The team at Go Global consists of highly trained U.S. attorneys who have experience of managing immigration at top U.S. employers and law firms. The new firm will be focused on helping companies build programmatic U.S. immigration capability as well as supporting on individual employee needs.

Supported services that are provided through the partnership include U.S. work visas (H-1B Specialty Occupation, L-1 Intracompany Transferee, O-1 Extraordinary Ability, E-3 for Australians, and TN for Canadians and Mexicans) and U.S. employment-based green cards (PERM Labor Certification, EB-1C Multinational Manager, EB-1A Extraordinary Ability, and National Interest Waiver).

With this partnership in place, clients can expect to receive the highest level of U.S. immigration compliance, simplified reporting, and direct communication. Contact us to learn more about how Newland Chase can help with your U.S. Immigration needs.

Meet the team

Elizabeth Kumbhari

Elizabeth Kumbhari is Managing Partner at Go Global Immigration, PLLC, a U.S. business immigration law firm. Prior to joining Go Global Immigration, Elizabeth was Vice President of Client Management, Americas Immigration at Newland Chase, a CIBT Company. At Amazon, Elizabeth served as Business Advisory, Canada and Latin America Lead. As General Counsel and Vice President of Professional Exchange Programs at Cultural Vistas, Elizabeth led one of the largest J-1 visa programs in the United States. She also has experience working in the academic sector as Director of International Offices for Long Island University and Northern Kentucky University.

Elizabeth holds a Doctorate in Organizational Leadership and Learning (EdD) from Vanderbilt University, where her research focused on identifying the characteristics of successful overseas assignments at Fortune Global 500 companies. She also holds a Juris Doctor from Northern Kentucky University. She has been a practicing attorney for more than 12 years and is licensed in multiple states. Elizabeth sits on the Board of Directors at Worldwide ERC, Global Ties, U.S., and The Letter Project. She is a member of the American Bar Association and the American Immigration Lawyers Association, where she serves on the Online Course Review Committee. Elizabeth is a member and contributing author at Forbes Business Council, and a corporate advisor at AI2030.

Justin Scott Kadich

Justin Scott Kadich is a Senior Immigration Attorney at Go Global Immigration, PLLC, where he seamlessly supports companies and foreign nationals through their US business immigration journey. Justin has over 10 years of experience as an attorney in high-volume US business immigration law firms having graduated summa cum laude and third in his law school graduating class.

Justin most recently was a senior attorney at Erickson Immigration Group in Arlington, VA, leading a team of attorneys and paralegals in the employment-based green card department. Before this, he was a senior associate U.S. immigration attorney at PwC Law LLP in Toronto, Canada, where he also managed the employment-based green card process and successfully implemented the marriage-based green card process.

Justin also served in the non-immigrant visa section at Garson LLP, where he helped streamline the process, and at Nair Law Group, where he focused on employment-based non-immigrant visas and the PERM process. Prior to becoming a lawyer, Justin worked for the Commonwealth of Massachusetts as a food stamp (SNAP) eligibility worker and won an award for his dedication to the immigrant community during his participation in the immigration law clinic at law school.

The post New Partnership Provides Seamless U.S. Immigration Support appeared first on Newland Chase.

In an effort to streamline work and student permit processes, the Swedish Migration Agency has introduced a pilot scheme to allow nationals from 23 countries to complete the passport verification requirement using an application on their mobile phone or computer instead of attending in person to a Swedish Embassy or Consulate. Eligible applicants include nationals from Albania, Argentina, Australia, Bosnia and Herzegovina, Brazil, Canada, Chile, Colombia, Georgia, Hong Kong, Japan, Malaysia, Mexico, New Zealand, North Macedonia, Peru, Serbia, Singapore, South Korea, Taiwan, UK, Ukraine, and the USA.

It is anticipated that eligible applicants will receive an email from the Swedish Migration Agency within a few days of submission of the work or student permit application. The email will contain a link to the online service to complete the verification process online.

The introduction of the online verification will hopefully allow faster processing of applications and will be more cost effective to applicants. However, with many new online services, there may be some potential issues during the initial implementation phase.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an enquiry here should you have any specific questions regarding this announcement.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case or company-specific assessments.

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On March 31, 2024, Japan launched a new residence status called “Digital Nomad Visa”. This visa allows eligible foreign nationals to remain in Japan for up to six months in a 12-month period and work remotely for their overseas employer. Digital Nomad Visa holders are permitted to carry out the provision of paid services or selling of goods to overseas clients and are geared towards professions such as software developers, digital designers, virtual assistants, or sole proprietors of foreign companies.

How do applicants qualify for this visa?

• Applicants must be a national of a visa-exempt country and a country with a bilateral tax treaty with Japan. 
• Applicants must be employed by and remunerated by their employers overseas. 
• Applicants must have a minimum annual income of at least JPY 10 million (approx. USD 68,300) or more at the time of application 
• Applicants must hold an insurance policy that covers death, injury, and illness during their stay in Japan. Coverage of 10 million yen or more for the costs of treatment for injuries and illnesses must be in place.

A Digital Nomad Visa-holder can bring a legally married spouse and children with legal parentage to Japan, provided they also meet eligibility criteria. The Digital Nomad Visa will come under the “designated activities” visa category. Refer to the table below for the list of eligible nationalities.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

Nationalities Eligible for Japan’s Digital Nomad Visa

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments. 

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On April 11, 2024, in a swift reversal, Peruvian authorities revoked the planned suspension of a visa exemption for Mexican ordinary passport holders. The suspension had been announced earlier the same week and was due to become effective on April 24, 2024.

The planned suspension would have required Mexican ordinary passport holders who wished to visit Peru for tourism or business purposes to apply for an appropriate visa before travel at the nearest Peruvian diplomatic mission in their country of citizenship or ordinary residence. Travelers in possession of a visa or permanent residence status for certain countries (the United States, Canada, Schengen Area members, and others) were exempted from the planned requirement.

Following the subsequent revocation of the suspension, Mexican ordinary passport holders seeking to visit Peru for tourist or business purposes remain exempt from visa requirements for a maximum period of stay of up to 183 calendar days, either continuously or in consecutive visits, during a one-year period.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact should you have any specific questions regarding this announcement.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case or company-specific assessments. 

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Effective April 24, 2024, the Peruvian visa exemption for Mexican ordinary passport holders for tourist and business visits to Peru will be suspended. Mexican ordinary passport holders who wish to visit Peru for tourism or business purposes must apply for an appropriate visa at the nearest Peruvian diplomatic mission in their country of citizenship or ordinary residence before travel.

However, the following Mexican passport holders remain exempt from tourist and business visa requirements for up to 180 calendar days, either as a continuous visit or several consecutive visits during a one-year period, and are not required to apply for a visa before travel:

The holder of a visa for the United States of America, Canada, United Kingdom, Australia, Japan, or any member state of the Schengen area (see Note 1), with a minimum validity of six months.

The holder of permanent residence status as a foreigner for the United States of America, Canada, United Kingdom, Australia, Japan, any member state of the Schengen area, or any member state of the Pacific Alliance (see Note 2).

Newland Chase insights

The visa exemption suspension by the Peruvian government is in response to the Mexican government’s decision on April 6, 2024, to temporarily suspend the visa exemption enjoyed by Peruvian passport holders for travel to Mexico for tourism or business purposes with effect from April 20, 2024. The decision was taken due to an exponential increase in the number of irregular Peruvian migrants travelling through Mexico to reach the United States and Canada, which has created a humanitarian emergency. It is hoped that this measure will stop migrants from putting their lives, health and human rights at risk.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case or company-specific assessments.

Notes:

1. The member states of the Schengen area include Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

2. The member states of the Pacific Alliance, include Chile, Colombia, Mexico and Peru.

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Starting February 29, 2024, Mexican citizens with a valid US non-immigrant visa or previous Canadian visa can apply for an electronic travel authorization (eTA) when traveling by air on a Mexican passport.

All eTAs issued to Mexican passports before 11:30 p.m. Eastern time on February 29, 2024, will no longer be valid—except for eTAs linked to Mexican passports with a valid Canadian work or study permit. Mexican citizens travelling to Canada without a valid work or study permit will need to apply for a visitor visa or reapply for a new eTA—if they are eligible.

Mexican citizens holding a valid work or study permit can still travel by air to Canada with their existing eTA as long as it remains valid, and they can continue to study or work in Canada based on the validity and conditions of their permit. Mexican visitors who are already in Canada on an eTA can stay for as long as they are authorized (up to six months from the date they arrive in Canada). However, if they plan to leave Canada and wish to return, they must have the proper travel documents (visa or new eTA).

Most Mexican citizens with US visas will continue to enjoy visa-free travel to Canada. Those not meeting these conditions must apply for a Canadian visitor visa. For those seeking work permits, please consult with Newland Chase regarding available options.

Additionally, Canada seeks to modernize the Seasonal Agricultural Worker Program with Mexico, offering new opportunities in agriculture and food processing. These adjustments aim to relieve pressure on Canada’s immigration system while supporting mobility and managed migration.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

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Changes have been announced to take place regarding Canada’s post-graduation work permit program (PGWP). Starting February 15, 2024, students who have graduated from a master’s degree program, even if it is less than two years, are eligible for a three-year PGWP if they meet all other eligibility criteria.

Starting September 1, 2024, students beginning curriculum licensing agreements will not be eligible for a PGWP. The special measures (reduced facilitation) for distance learning and PGWP validity have been extended to August 31, 2024.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement. 

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments. 

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Further to the 2023 announcement of Canada’s Tech Talent Strategy, Immigration, Refugees & Citizenship Canada (IRCC) has clarified requirements that could affect a “digital nomad” who wishes to enter and reside in Canada.

In this update we outline the key points from the clarification.

• A digital nomad is a person who can perform their job remotely from anywhere in the world.
• A digital nomad only needs visitor status to relocate to Canada for up to 6 months at a time while they perform their job remotely for a foreign employer or, if they are self-employed, working for themselves or providing services to clients outside of Canada.
• A person may enter as a digital nomad to work remotely but seek a work permit if they find a Canadian employer after entry. If an intention to find a Canadian employer is declared, a work permit will be needed before starting work for such an employer
• Additional documentation is not required of a person entering to be a digital nomad (although they must still satisfy the officer that they will leave at the end of their authorized stay).
• Family members of digital nomads who intend to work or study in Canada should apply for a work permit or study permit.
• If you are employed by an entity that has operations in Canada, you should seek advice on feasibility of entering as a temporary visitor on a digital nomad status before applying.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

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