Immigration news update for AMER and APAC regions
Americas
United States: Limit for supplementary H-2B visas for returning employees in early second half of FY 2024 reached 
The U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to reach the 19,000 cap for additional H-2B visas for returning workers for the early second half of fiscal year 2024 (April 1 – May 14). This cap was established under the H-2B supplemental temporary final rule. April 17, 2024, was the final receipt date for these early second half supplemental visa petitions.
USCIS is still accepting petitions for a separate 20,000 H-2B visas allotted for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica. These applications are exempt from the returning worker requirement and the overall congressional cap.
As of April 22, 2024, USCIS started accepting petitions for the late second half of FY 2024, (May 15 – September 30). However, the 5,000 visas for this late period are limited only to H-2B returning workers who held status in fiscal years 2021, 2022, or 2023, regardless of their country. This separate allocation has different rules that the early second half and country – specific visa allotments.
This summary was prepared using information from U.S. Citizenship and Immigration Services
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 Director of Immigration) and Margarida Luis (Immigration coordinator, AMER).
Asia-Pacific
New Zealand: Changes to the Accredited Employer Work Visa (AEWV)
Significant changes are being introduced that could impact individuals currently holding or seeking an Accredited Employer Work Visa (AEWV) in New Zealand. Immigration New Zealand will, going forward, be assessing occupations for Accredited Employer Work Visas against ANZSCO (Australian New Zealand Standard Classification of Occupations). For those who already possess an AEWV, these modifications may affect the permissible duration of their stay before having to depart the country or their eligibility for obtaining an additional AEWV.
Immigration NZ have introduced additional requirements at the hiring stage. Employers are now required to maintain a record which shows that checks have been made to ensure the candidate meets both the new minimum skills criteria outlined by INZ, as well as the requirements outlined in the Job Check.
Employer Accreditation obligations
Immigration New Zealand have now further defined the penalties associated with non-compliance for accredited employers:
- Provide advice to Immigration New Zealand of changes to key people within the organisation within a 10-day period
- New requirement: In the past employers were not obliged to provide evidence that they have notified Immigration NZ when a visa holder left their employment. This requirement will only apply from the next time accreditation is renewed or upgraded.
- Employers must also provide migrant workers with a minimum of 30 hours of employment per week. This will be a condition noted on the employee’s AEWV and employers who do not provide at least 30 hours per week can have their accreditation revoked.
New minimum skill & language requirements for Level 4 & 5 positions
Applicants offered positions at ANZSCO level 4 or 5 will now need to provide evidence to show that they have the appropriate qualifications and/or experience to perform the role offered. These additional requirements do NOT apply if the position is on the Green List and they meet the requisite conditions, or if applicants are earning more than twice the median wage. In addition to the skills and experience noted in the Job Check, as a standard candidates will need to provide evidence that they have either:
At least three years of relevant work experience
Or a relevant qualification which is at level for or above of the NZ Qualifications and Credentials Framework (NZQCF)
Shortened visa duration and ability to extend
The maximum visa duration for applicants offered level 4 or 5 positions has been reduced to two years. Visa holders can apply for one further year; however, this will require a new Job Check application. The maximum continuous stay for existing visa holders for level 4 or 5 positions has also been reduced to three years. Visa holders will need to leave for a cooling off period, usually 12 months, before they can apply for a new Work Visa. Visa holders already issued with five-year visas will not be impacted, with the same 12 month stand down period post the expiry of their visa. A five-year visa will continue to be provided to those offered level 1, 2 or 3 positions, along with those who are working in a occupation on the Green List (and meet requirements), or those in transport and care sector agreements who are on a pathway to residence. Visa holders who are earning 1.5 times the median wage will also still be eligible for five-year visas.
This summary was prepared using information obtained from New Zealand Immigration
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 Director of Immigration) and Debra Jane Beynon (Regional Immigration Manager, APAC).
We track policy changes in over 120 countries. Find out how we can help you in this short video.
