The current social and political climate in Venezuela is having a significant impact on both citizens and immigrants interacting with immigration authorities. In this article we provide an update on the situation and its implications for those dealing with immigration processes.

Venezuela’s political environment is unstable.

The country is experiencing substantial instability following elections on July 28, 2024, in which Nicolás Maduro was declared re-elected as President. This outcome has sparked widespread protests across Venezuela. A significant portion of the electorate disputes the results, leading to ongoing demonstrations.

Several countries, including Argentina, Chile, Costa Rica, Peru, Panama, the Dominican Republic, and Uruguay, have officially rejected the election results, resulting in the suspension of diplomatic relations with Venezuela. Consequently, Venezuelan embassies in these countries have ceased operations. This has a direct impact on services such as passport issuance, visas, legalizations, and travel documents, leaving many Venezuelan nationals abroad without access to essential consular services.

Local immigration authority disruptions.

In Venezuela, local immigration authorities like SAIME (Servicio Administrativo de Identificación, Migración y Extranjería), MOFA (Ministry of Foreign Affairs), and SAREN (Servicio Autónomo de Registros y Notarías) are not officially suspended but are mostly closed to the public. This closure severely hampers services related to immigration processes. Despite these closures, the platform for obtaining police records remains operational. However, national and international courier services are experiencing significant delays, further complicating the situation for those needing to send or receive important documents.

Impact on immigrants and citizens.

For citizens and immigrants, the current situation poses several challenges:

Access to services: With embassies and local authorities either closed or operating at minimal capacity, obtaining necessary documentation such as passports and visas is extremely difficult.

Delays and uncertainty: The delays in courier services add another layer of uncertainty, making it challenging for individuals to meet immigration requirements or deadlines.

Consular support: Venezuelan nationals abroad face the challenge of limited consular support, affecting their ability to renew documents or seek assistance for immigration-related issues.

Support and assistance is available.

Our representatives in Venezuela are doing their best to operate under the current circumstances. If you or your employees are affected by these disruptions, we are here to provide guidance and support through our network partners in Caracas and our global offices.

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.  

The post VENEZUELA – Impact of the current political situation on immigration processes. appeared first on Newland Chase.

Most available quotas are only available to nationals of the following countries, which have signed specific cooperation agreements on migration with Italy: Albania, Algeria, Bangladesh, Bosnia-Herzegovina, Egypt, El Salvador, Ethiopia, Gambia, Georgia, Ghana, Guatemala, India, Ivory Coast, Japan, Kosovo, Mali, Mauritius, Moldova, Montenegro, Morocco, Niger, Nigeria, Pakistan, Peru, Philippines, Republic of North Macedonia, Senegal, Serbia, South Korea, Sri Lanka, Sudan, Tunisia, and Ukraine.

In addition, some quotas are reserved for nationals of countries which will enter into agreements on cooperation on migration during the year 2023, while others have no such nationality restriction.

The quotas for 2023 are:

• 44,000 for seasonal subordinate work in the agricultural and tourist-hotel sectors for nationals of the countries with an existing cooperation agreement on migration as listed above;
• 30,105 for non-seasonal subordinate work in the sectors road haulage for third parties, construction, tourism-hotel, mechanics, telecommunications, food and shipbuilding; of these 24,105 are for nationals of the countries with an existing agreement as listed above, and 6000 for nationals of countries still to enter into agreement during 2023;
• 7000 for the conversion of certain existing residence permits into subordinate and autonomous work residence permits;
• 1000 for people who have completed training and education programs abroad as approved by the Ministry of Labour and Education;
• 500 for autonomous workers such as entrepreneurs, freelancers, start-up, professionals, famous artists and directors and auditors of Italian companies;
• 100 for people residing in Venezuela who have Italian origin up to the third-degree direct line of ancestry through at least one parent.

Applications for permits pursuant to the “decreto flussi” for 2023 can be filed from 27 March onwards until the 31 December 2023, provided quotas are still available. 60 days after the quotas open up the authorities can decide to change the subdivision of these quotas if permit demands require this.

Frequently used permits for highly skilled or highly qualified employees, like the EU ICT permit, the non- quota work permit for intra company transferees and the EU Blue Card, as well as the permit for foreign service providers are not subject to the above-mentioned quotas.

Newland Chase Insights

Companies which do not qualify for non-quota work permits for their employees should file their applications for work permits for 2023 under the quota system as soon as possible after the 27th of March – not only to ensure that permits are still available, but also because Italian immigration processes generally take a long time to complete. Newland Chase is able to assist you with both applications under the quota system as well as with non-quota applications.

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.

The post ITALY: Quotas for 2023 Announced appeared first on Newland Chase.

In preparation for travelers heading to the FIFA World Cup 2022 in Qatar, the authorities have announced that any foreigners traveling from 1 November 2022 to Qatar should procure a Hayya Card prior to entering the country, except Qatari Residence permit holders.

However, there is no clear information from the authorities as as to whether travelers on Qatar temporary work visas are required to secure a Hayya card. No other standard visit/travel/visa-free/visa-on- arrival permits will be issued during this period and Hayya will be considered as the entry permit.

Residents of United Arab Emirates and Gulf Cooperation Council (GCC) countries will also need a Hayya card to enter Qatar starting from 1 November 2022. This requirement is applicable to all travelers intending to visit Qatar, irrespective of whether they are traveling to attend the FIFA World Cup, for leisure, or any other purpose.

Those with confirmed match tickets can apply for a Hayya card now. The traveler’s accommodation will also need to be validated during the process. To apply for a digital Hayya Card, and to book accommodation, please visit Qatar2022.qa or download the Hayya to Qatar 2022 app (available on iOS and Android).

Hayya Card is operated by the government of the State of Qatar. For any questions relating to the digital Hayya Card please contact info@hayya.qa or call 800.2022 (Qatar) or (+974) 4441.2022 (International). Please contact enquiries@book.qatar2022.qa, for enquiries regarding the accommodation options.

Qatar Travel Prior to 1 November 2022

Travelers who intend to travel to Qatar before 1 November 2022 may be permitted to entry the country based on the below categories of visas. If the traveler intends to attend FIFA World Cup 2022 matches, they will still need to secure a Hayya card to access the stadium.

Visa on Arrival – 90 days

Nationals of the countries listed in the table below can secure a visa on arrival for 180 days from the date of issuance and are entitled to stay in Qatar only for 90 days, during either a single trip or on multiple trips.

Visa on arrival – 30 days + extendable 30 days

Nationals of the countries listed in the table below can secure a visa on arrival for 30 days from the date of issuance and are entitled to spend up to 30 days in Qatar, during either a single trip or on multiple trips. The visa on arrival can be extended for a further 30 days in-country.

India and Pakistan

Citizens of India and Pakistan are eligible to apply for the 30-day visa waiver/visa on arrival for single or multiple-entry visits during the 30 days from the date of initial issuance. However, there are some additional rules in place.

• Travelers from India and Pakistan should have passport validity for a minimum of six months or more.
• Travelers must carry confirmed return tickets.
• Hotel quarantine booking for the number of days advised (currently one day which ends after proof of a negative test).
• Travelers must carry a valid credit card or a minimum cash amount of USD 1400 (may vary and recommended to check with the carrying airline prior to making travel plans).
• Hotel bookings for the duration of the stay must be booked in advance through the Discover Qatar website.
• Travelers from both countries should have a certificate confirming a negative PCR test completed during the 72 hours from the time of arrival.
• Travelers must be fully vaccinated with vaccines approved by the Ministry of Public Health and have completed a period of 14 days after the last dose.
• Those coming directly from Pakistan should also present a certificate of vaccination against polio.
• Passengers arriving in Qatar must download and activate the Ehteraz app upon arrival at Qatar’s entry ports.

Visa-Free Entry for GCC Nationals

GCC nationals do not need a visa to travel to Qatar. This applies to citizens of Bahrain, Kuwait, Oman, Saudi Arabia and United Arab Emirates.

For general advice and information on immigration and business travel to Qatar, please contact us.

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.

The post QATAR: Traveling to the FIFA World Cup 2022 appeared first on Newland Chase.

First announced in early January, the change stemmed from recent significant increases to the number of Venezuelan nationals entering Mexico for a different purpose other than those authorized by migratory officials.

Note that the following Venezuelan citizens will remain visa exempt:

• Permanent Residents of Canada, Japan, any Pacific Alliance country (Chile, Colombia, and Peru), any Schengen Area country, the United Kingdom, and the United States.
• Holder of a valid visa from Canada, Japan, any Schengen Area country, the United Kingdom, and the United States.

Newland Chase Insights

This change will increase travel timeframes and costs for Venezuelan business travelers and tourists. As such, employers and affected Venezuelan citizens alike should take note of the change and understand that these applicants will need to obtain a consular visa prior to their entry into Mexico. Processing time for visas will vary depending on the specific Mexican consular post adjudicating the application, but are typically several days to upwards of two weeks.

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.

The post MEXICO: Venezuelan Citizens Now Require Visa to Enter Country appeared first on Newland Chase.

The Special Administrative Unit of Migration Colombia has implemented the Temporary Protection Statute for Venezuelan Migrants, consisting of the Single Registry of Venezuelan Migrants (RUMV), and the Temporary Protection Permit (PPT) with a validity of 10 years.

Venezuelan nationals who register with the RUMV and obtain a Temporary Protection Permit may remain in Colombia, exercising any legal activity or occupation including work, and accumulating time towards qualifying for a Residence Visa.

Pre-registration is an online process and is followed by in-person biometric registration. The issued permit will be valid until 30 May 2031 and is not extendable

The permit applies to Venezuelan migrants who meet any of the following conditions:

• In Colombia on a permanent basis as holders of a valid Entry and Permanence Permit (PIP), Temporary Permanence Permit (PTP) or a Special Permanence Permit (PEP).
• In Colombia on a permanent basis as holders of a Safe-pass of Permanence SC – 2 within the framework of the processing of an application for the recognition of refugee status.
• Being undocumented in Colombian territory on 31 January 2021.
• Entering Colombian territory through an immigration control post, complying with the requirements established by the immigration regulations, during the first two years of validity of the Statute.

In the first three cases, registration is open between 5 and 28 May 2021 and, in the last case, registration is open from 29 May 2021 until 23 November 2021.

HUNGARY: 2021 Minimum Salary Level

The minimum salary level (MSL) for Hungary is HUF 167,400 per month (gross). Effective July 2021, this will increase to HUF 169,000.

For skilled positions requiring at least a secondary school level education, the minimum salary level (MSL) for Hungary is HUF 219,000 per month (gross). Effective July 2021, this will increase to HUF 221,200.

For a combined work and residence permit application, the salary should be no less than 80% of what a local resident worker would expect to receive for the same position. If payroll is split between the home country and Hungary, the part paid in Hungary should still reach the amounts according to rules described above. The average salary used in Hungary over the previous year for the specific job title must be considered too when a new employment contract is concluded. Foreign workers may require a higher monthly salary when applying for the work and residency permit, on the assumption that their living costs may be higher than those of a local worker.

PANAMA: New Immigration Routes for Manufacturing Services

The government has published regulations for the new EMMA licence issued to multinational companies, whether foreign or national, that from Panama provide manufacturing services to related or affiliated companies (not to unrelated or client companies).

The new immigration routes created by these regulations include the following:

• EMMA temporary personnel visa, for foreign nationals providing operational or training services to the company, granted for up to 2 years (extendable) and also applicable to dependents;
• EMMA permanent personnel visa, granted for up to 5 years (extendable) and also applicable to dependents;
• Permanent residence, for foreign nationals who have held a temporary or permanent EMMA personnel visa for at least 5 years

Dependents of holders of EMMA or SEM (Multinational Companies Headquarters) visas can request work permits once their dependent visa has been approved. Previously, dependent visa holders could not apply for work permits.

RUSSIA: Changes to Purposes of Entry for Visas and Invitations

Effective 8 February 2021, the Ministry of Foreign Affairs (MFA) has approved a new list of the purposes of entry for issuing letters of invitation and visas to foreign nationals. The implementation of the new list may lead to some processing delays.

• The “Work for hire” purpose of entry has been renamed to “Work activities”
• The “Technical services” purpose of entry has been renamed to “Installation works” and the category of the relevant visa has been changed from “Business” to “Work”
  • Note that all work visas are issued as single entry visas for 90 days with possibility of in-country extension (with exception to HQS employees and their family members who are eligible to multiple visas valid for 3 years)
• The “Commercial” and “Aim tourism” purposes of entry are not included in the new list. A regular business visa should be requested for any type of business activities in Russia
• The “Private” purpose of entry has been renamed to “Guest”
• Work visas with “accompanying family member” purpose of entry may be issued only to HQS dependents as well as dependents of foreign mass media workers
  • Note that the new list does not provide for issuance of dependent visas to family members of employees who work based on regular (non-HQS) work permits

Please note:

• The filing of work visa invitation applications in the Moscow migration department (Pokrovka Street 42) has been temporarily suspended due to technical reasons and in connection with the above changes
• Some Russian consulates abroad have suspended the filing of applications for work visas and technical services visas
• Applicants may experience delays due to temporary suspension of application submission and processing at migration departments in Russia and Russian consulates abroad

UNITED STATES: USCIS Delays Rule Prioritizing High-wage Earners in the H-1B cap Selection Process; and Announces Cap Registration Period

The Department of Homeland Security (DHS) has delayed the effective date of the 7 January H-1B Selection final rule, which prioritized high-wage earners for the H-1B cap selection process, until 31 December 2021. Therefore, the fiscal year (FY) 2022 H-1B cap registration and selection process will proceed as in previous years, with selection based on a random lottery.

USCIS also announced that the FY 2022 H-1B cap initial registration period will be open from 9 March 2021, 12:00 p.m. EST to 25 March 2021, 12:00 p.m. EST.

Our Advice

Employers who may be affected by any of these immigration changes are encouraged to contact Newland Chase for case-specific advice.

The post Global Immigration Updates | Week Beginning 3 May 2021 appeared first on Newland Chase.

Effective 1 March 2021, the Flanders government will implement amended rules for the employment of aliens, including some beneficial changes and some additional restrictions.

Benefits include:

• A more flexible short-term work permit will be valid for up to one year, allowing work for up to 90 days in any 180-day period during that validity period. Currently, work permits are only valid for up to 90 days.
• It is clarified that frontier workers (resident in a country neighbouring Belgium) are eligible for a work permit.
• Holders of certain categories of work authorisation are permitted to carry out additional activities as international lecturer.
• Employers renewing a work authorisation for a foreign employee for the same position will not require a further labour market test.
• The following new work visa exemptions will be implemented:
  • Researchers working in a Belgian research institution for 90 days in a six-month period;
  • Foreign workers conducting training at a Belgian location of a multinational employer for up to 90 days;
  • Workers posted to Flanders by a temporary work agency in another EU Member State;
  • Foreign highly skilled workers employed as international teachers in Flanders.
• Separately, Flanders has published their implementation of the “allowed activities for 90/180 days” from the Trade Agreement.
  • While meetings are work authorisation exempt for up to 90/180 days, a Limosa declaration is still required for stays beyond 20 consecutive calendar days and 60 days per calendar year.

Restrictions include:

• Employers will have to notify the Flemish labour authorities of any major changes in employment conditions, potentially affecting the validity of the work authorisation.
• Work authorisations may be granted exclusively if the employer has a sponsoring entity in Flanders.
• The Flemish law is aligned with the federal law to clarify the existing rule that foreign national dependents may only change status in country to employee status with an EU Blue Card application.
• The validity of a posted worker’s work authorisation is limited to the validity of the certificate of social security coverage issued by the competent authority of the sending country.

COLOMBIA: Temporary Protection Statute for Venezuelan Migrants

On 8 February 2021, the government of Colombia announced the creation of the Temporary Protection Statute for Venezuelan Migrants, consisting of the Single Registry of Venezuelan Migrants Under the Temporary Protection Regime, and the Temporary Protection Permit with a validity of 10 years.

Holders of the Temporary Protection Permit may remain in Colombia, exercising any legal activity or occupation including work, and accumulating time towards qualifying for a Residence Visa.

According to the draft decree that would create the Statute, it would apply to Venezuelan migrants who meet any of the following conditions:

• In Colombia on a permanent basis as holders of a valid Entry and Permanence Permit (PIP), Temporary Permanence Permit (PTP) or a Special Permanence Permit (PEP).
• In Colombia on a permanent basis as holders of a Safe-pass of Permanence SC – 2 within the framework of the processing of an application for the recognition of refugee status.
• Being undocumented in Colombian territory on 31 January 2021.
• Entering Colombian territory through an immigration control post, complying with the requirements established by the immigration regulations, during the first two years of validity of the Statute.

Implementation of the registration and issuance process for the new permit will begin after 90 days from the publication of the final decree.

HUNGARY: 2021 Minimum Salary Level

The minimum salary level (MSL) for Hungary is HUF 167,400 per month (gross). Effective July 2021, this will increase to HUF 169,000.

For skilled positions requiring at least a secondary school level education, the minimum salary level (MSL) for Hungary is HUF 219,000 per month (gross). Effective July 2021, this will increase to HUF 221,200.

For a combined work and residence permit application, the salary should be no less than 80% of what a local resident worker would expect to receive for the same position. If payroll is split between the home country and Hungary, the part paid in Hungary should still reach the amounts according to rules described above. The average salary used in Hungary over the previous year for the specific job title must be considered too when a new employment contract is concluded. Foreign workers may require a higher monthly salary when applying for the work and residency permit, on the assumption that their living costs may be higher than those of a local worker.

PANAMA: New Immigration Routes for Manufacturing Services

The government has published regulations for the new EMMA licence issued to multinational companies, whether foreign or national, that from Panama provide manufacturing services to related or affiliated companies (not to unrelated or client companies).

The new immigration routes created by these regulations include the following:

• EMMA temporary personnel visa, for foreign nationals providing operational or training services to the company, granted for up to 2 years (extendable) and also applicable to dependents;
• EMMA permanent personnel visa, granted for up to 5 years (extendable) and also applicable to dependents;
• Permanent residence, for foreign nationals who have held a temporary or permanent EMMA personnel visa for at least 5 years

Dependents of holders of EMMA or SEM (Multinational Companies Headquarters) visas can request work permits once their dependent visa has been approved. Previously, dependent visa holders could not apply for work permits.

RUSSIA: Changes to Purposes of Entry for Visas and Invitations

Effective 8 February 2021, the Ministry of Foreign Affairs (MFA) has approved a new list of the purposes of entry for issuing letters of invitation and visas to foreign nationals. The implementation of the new list may lead to some processing delays.

• The “Work for hire” purpose of entry has been renamed to “Work activities”;
• The “Technical services” purpose of entry has been renamed to “Installation works” and the category of the relevant visa has been changed from “Business” to “Work”.
  • Note that all work visas are issued as single entry visas for 90 days with possibility of in-country extension (with exception to HQS employees and their family members who are eligible to multiple visas valid for 3 years).
• The “Commercial” and “Aim tourism” purposes of entry are not included in the new list. A regular business visa should be requested for any type of business activities in Russia;
• The “Private” purpose of entry has been renamed to “Guest”;
• Work visas with “accompanying family member” purpose of entry may be issued only to HQS dependents as well as dependents of foreign mass media workers
  • Note that the new list does not provide for issuance of dependent visas to family members of employees who work based on regular (non-HQS) work permits.
• Please note:
  • The filing of work visa invitation applications in the Moscow migration department (Pokrovka Street 42) has been temporarily suspended due to technical reasons and in connection with the above changes.
  • Some Russian consulates abroad have suspended the filing of applications for work visas and technical services visas.
  • Applicants may experience delays due to temporary suspension of application submission and processing at migration departments in Russia and Russian consulates abroad.

UNITED STATES: USCIS Delays Rule Prioritizing High-Wage Earners in the H-1B Cap Selection Process; and Announces Cap Registration Period

The Department of Homeland Security (DHS) has delayed the effective date of the 7 January H-1B Selection final rule, which prioritized high-wage earners for the H-1B cap selection process, until 31 December 2021. Therefore, the fiscal year (FY) 2022 H-1B cap registration and selection process will proceed as in previous years, with selection based on a random lottery.

USCIS also announced that the FY 2022 H-1B cap initial registration period will be open from 9 March 2021, 12:00 p.m. EST to 25 March 2021, 12:00 p.m. EST.

Our Advice

Employers who may be affected by any of these immigration changes are encouraged to contact Newland Chase for case-specific advice.

The post Global Immigration Updates | Week of 8 February 2021 appeared first on Newland Chase.

Once implemented, the key changes will include:

• The introduction of three categories of visas and expansion of visa classes from six to 79
• Review of visa application channels to include embassies, visa application centres and visa on arrival
• Introduction of an eVisa
• Changes to Temporary Work Permit (TWP) applications and validity
• Provision for issuance of investor visa
• Visa exemptions

Please note that directives are expected from the Nigeria Immigration Service on the implementation of the new policy, but as yet no implementation date has been confirmed.

Visa Categories and Classes

The new policy introduces three visa categories – Short-Term Visas (‘SVV’), Temporary Residence Visas (‘TRV’) and Permanent Residence Visas (‘PRV’) – each of which includes several visa classes.

• SVVs are issued for up to 90 days for the purposes of tourism, business, family visit and temporary work permits, among others
• TRVs allow foreign nationals to enter Nigeria for up to 2 years (depending on the visa class) with multiple entries, for work or study, and with the possibility of bringing family members with dependent immigration status
• PRVs allow certain classes of foreign nationals, including highly-skilled workers and investors, to obtain permanent residence in Nigeria

Visa Application Channels

The new policy provides for visas on arrival for holders of passports of African Union countries and frequent business travelers, and establishes visa application centres in some countries for the submission to Nigerian diplomatic missions of visa applications on behalf of applicants.

All visa applications can also be submitted directly at the diplomatic missions.

Electronic Visa

For certain classes of short-term visa, an online application will be available.  Approval confirmation and an electronic Travel Authorization Letter (‘TAL’) will be sent out via email within 48 hours.

Temporary Work Permit

Temporary Work Permits will be available under two different visa classes:

• Temporary Work Permits under an F8A short-term visa will be valid for 90 days, for a single entry, and entering into an employment contract is not permitted
• Temporary Work Permits under an R11 temporary residence visa (similar to an STR visa) will be valid for 6 months (non-renewable) and for multiple entries. Entering into an employment contract is permitted

Investor Visa

The new visa policy makes provision for the issuance of an investor visa, as foreseen by the existing legislation. The visa will be valid for five years (renewable) with multiple entries, with different investment amounts required for different classes of investor.

Visa Exemptions

Visa exemptions are single entry, valid for up to 90 days and not valid for employment. The exemption for citizens of ECOWAS member states is retained, and others are added for:

• Citizens of Chad and Cameroon (Visa Abolition Agreement countries)
• Holders of official travel documents from United Nations Organisations (UNO), African Union Commission (AUC), ECOWAS Commission and African Development Bank
• Citizens of Brazil, Venezuela, Kenya, China, Cuba, Sudan, Namibia, South Africa, Mauritius, Singapore, Turkey, Tanzania and Rwanda (Reciprocity Visa Waiver Agreement Countries) holding diplomatic and/or official passports

Our Advice

Employers who may be affected are encouraged to contact a Newland Chase immigration specialist for case-specific advice.

For general advice and information on immigration and business travel to Nigeria, please contact us.

The post NIGERIA: Government Overhauls Visa Policy appeared first on Newland Chase.

The US Department of Homeland Security (DHS) has also updated the methodology it uses to assess compliance with the security criteria established under Executive Order 13780 in 2017.

New Restrictions

The restrictions now placed on Burma, Eritrea, Kyrgyzstan, Nigeria, Sudan and Tanzania are less restrictive than those placed on Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen in 2017: the proclamation only restricts entry on certain categories of immigrant visas. Family members can still visit their relatives, businesses can still employ qualified candidates, and other visits can take place on a temporary basis with a non-immigrant visa.

The proclamation applies to intending immigrants abroad who have not yet received an immigrant visa. Intending immigrants abroad who have a valid visa, but have not yet entered the United States, may still do so, as long as they meet all other conditions of admissibility under the Immigration and Nationality Act.

Further, legal permanent residents may continue to reside in the United States, as long as they continue to meet the terms of their residency.

The restrictions are temporary and may be removed or strengthened depending on whether the countries in question make meaningful improvements in meeting the security criteria.

Refined Methodology

Under to Executive Order 13780, DHS established security risk criteria all foreign governments are expected to adhere to in order to facilitate accurate and fair admissibility decisions under the Immigration and Nationality Act.

DHS’s latest update included refining and modifying specific performance metrics for each criteria, collecting additional data on foreign practices, and weighting criteria based on their degree of significance to U.S. national security. For example, DHS now considers whether a foreign government reports lost and stolen passports at least every 30 days, instead of considering whether they have ever shared such information. By reporting regularly, DHS officers can determine passport validity with higher confidence.

Our Advice

Employers who may be affected are encouraged to contact a Newland Chase immigration specialist for case-specific advice.

For general advice and information on immigration and business travel to the US, please contact us.

The post UNITED STATES: Travel Restrictions and Updated Process for Evaluating Foreign Country Compliance appeared first on Newland Chase.