Immigration Weekly Update: May 31, 2018

 

1. France: Consulate appointments temporarily unavailable due to new system

2. U.S.: DHS authorizes additional H-2B visa numbers in 2018 budget

3. Australia: Skilling Australians Fund receives Royal Assent 

 

France: Consulate appointments temporarily unavailable due to new system

Paris, FranceAll French consular posts are transitioning to a new appointment system before July 2018. As a result appointments are temporarily unavailable in some countries.
 
The previous appointment system is no longer available and some consular posts have taken down webpages for booking appointments.  French consular posts in India and China are already using the new appointment system. 
 

Key considerations

Crown World Mobility advises those requiring an appointment to verify at the specific French Consulate whether they can book an appointment via phone or email during the transition period. Employers should expect delays in assignment start dates of their foreign workers due to this transition. Even though the new system is expected to go live in July, there may still be delays until August due to a backlog as well as the usual summer increase of applications. 
 
This article is based on information confirmed verbally by the French Consulate.
 
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Michele Giordani, Regional Immigration Manager EMEA.
 

U.S.: DHS authorizes additional H-2B visa numbers in 2018 budget

New York, U.S. The Department of Homeland Security (DHS) in the U.S. has announced an additional 15,000 H-2B visa numbers for those employers who can prove that their business would be at risk of failing without additional temporary non-agricultural workers. 
 
Congress has authorized these additional numbers in the 2018 spending package passed in March. It allows DHS, in consultation with the Department of Labor (DOL), to increase the H-2B cap for this fiscal year only. 

Key Considerations

DHS is expected to publish temporary rules setting forth filing procedures for the additional visa numbers. It is expected that petitioners will need to file USCIS Form I-129, an attestation of DOL Form ETA-9142-B-CAA-2 as well as valid temporary labor certifications approved by DOL.
 
This update was prepared using information from DHS.
 
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Roberta Carnaccini, Global Operations Director – Immigration.
 

Australia: Skilling Australians Fund receives Royal Assent 

Queensland, AustraliaFollowing our previous alert on the Skilling Australians Fund, the act has now received Royal Assent.
 
There has been a provision on the legislation that states that the new fees (contribution charges) and the associated amended Labour Market Testing requirements come into effect from a date fixed by Proclamation or, if there is no Proclamation, on November 23, 2018. 

Labour Market Testing Amendment

Amendments to labor market testing requirements included in this bill: 
 
  • Job advertisements must not start earlier than four months before the nomination is lodged.
  • The Minister may determine the language, method, period and duration of such advertising.
  • The advertising must be undertaken in a targeted manner so that a significant proportion of suitable qualified and experienced Australians would be aware of the position. 
  • The advertising must be for a duration of at least four weeks – please note this important amendment.
  • A copy of the advertising may be required to accompany the nomination.

Key considerations

Employers should familiarise themselves with the labour market testing requirements to ensure all criteria is met.
 
This summary was prepared using information obtained from the Parliament of Australia
 
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debra Jane Beynon, Regional Immigration Manager APAC.