Immigration news update for all regions
Americas
United States: USCIS to conduct additional selection of H-1B cap lottery for fiscal year (FY) 2025
The USCIS is set to conduct a supplementary selection process for the H-1B visa cap for fiscal year 2025, drawing from previously submitted registrations. While the timing is undisclosed, selected employers will be notified and given a 90-day window to apply for an H-1B visa for the chosen individuals. This round excludes the master’s cap, which has met its quota, but includes both regular and master’s cap-qualified registrations.
The first selection in March 2024 allowed a 90-day application period. However, due to insufficient filings to meet the annual cap, a second lottery from the unselected pool is planned. Notifications, including filing details, will be sent to selected employers’ “myUSCIS” accounts. Only these employers can file H-1B petitions for FY 2025, specifically for the named individuals in the notices, with no beneficiary substitutions allowed.
Selected registration means eligibility to file, not petition approval. Petitioners must file correctly within the specified period and provide evidence meeting all criteria for approval. This process ensures fairness and adherence to regulations, without guaranteeing visa issuance.
This summary was prepared using information from the 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
Malaysia: Increase of processing fee by MYXpats
TalentCorp and its subsidiary MYXpat has continuously implemented new features and improvement to ESD system. The improvement aims to efficiently process expatriate related application within the agreed SLA.
As part of the continuous efforts to enhance ESD facilities and provide improved end-to-end services, a revised processing fees will be implemented effective from September 01, 2024, as follows:
| ONLINE SERVICES (NEW APPLICATIONS & RENEWAL) | CURRENT FEE (Excluding 8% SST) | REVISED FEE (Excluding 8% SST) |
| EMPLOYMENT PASS (EP) | 800 | RM 2000.00 |
| DEPENDANT PASS (DP)
Spouse LONG-TERM SOCIAL VISIT PASS (LTSVP under EP) Common-Law Spouse |
450 | RM 500.00 |
| PROFESSIONAL VISIT PASS (PVP)
Positions Exempted from processing fee charges: Invited Lecturer, Invited Professor, Visiting Professor & Visitor Lecturer |
800 | RM 1200.00 |
| TRANSFER OF ENDORSEMENT (TOE) | FREE OF CHARGE | RM 150.00 |
| CANCELLATION OF PASSES, SPECIAL PASS | FREE OF CHARGE | FREE OF CHARGE |
| NOTE:
· The amount stated above is solely for the expatriate (and dependant) application charges and excludes any other Immigration fees. · For any unsuccessful/rejected applications at the Approval Stage, MYXpats shall refund 75% of Expatriate Processing Fees, subject to MYXpats Terms and Conditions. In cases where an appeal is submitted, a refund will not be applicable. · Public Universities (Universiti Awam) and Government/Ministries are exempted from Processing Fee Charges |
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This summary was prepared using information obtained from the Expatriate Services Division
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 Beynon (Regional Immigration Manager, APAC).
Europe, Middle East and Africa
Belgium: New work permit regulations
Starting October 01, 2024, the regulations for non-European nationals working for Brussels located employers are changing. Following are the most important changes:
Simplified calculation of remuneration: The minimum salary requirements for certain job classifications will be determined by a proportion of the average monthly gross income in Brussels, amounting to €4,604. The calculation will consider solely the fundamental monthly pay, which aligns with Code 1 on the DMFA declaration. These amounts will be updated every 1 January based on the latest amounts published each September.
Work Permit B Update: The ‘Work Permit B’ is being replaced by either a “short-term work authorization” or a “long-term work authorization”. These will be sent directly to employers to pass on to workers for visa applications. Au pair procedures are unchanged.
Annual Check Formalities Reduced: For work authorizations exceeding one-year, annual document submission by employers is no longer needed, as checks will be automated. However, the administration may request additional information if necessary.
Unlimited Work Authorization: After 30 months of uninterrupted residence and employment in Brussels, employees can obtain unlimited work authorization. If authorizations were issued by another region, the requirement extends to four years.
Additional Documentation: Certain categories will now require extra documents like job descriptions and company organisation charts for application analysis. The National Employment Office, will not conduct job market analyses for critical functions but will continue for other roles, provided the job has been listed with them for five weeks.
Blue Card Directive Changes: The new Blue Card Directive makes it easier to switch employers and removes the need for higher education qualifications in ICT, allowing professional experience as proof of qualifications.
These changes aim to streamline the work authorization process and adapt to new regulations, such as the Blue Card Directive.
The names and definitions of some permits have also changed:
Short-term work authorization: Employers must secure a brief work permit for any employment in Belgium lasting up to 90 days within a six-month span, considering consecutive work periods. This requirement extends to teleworkers and cross-border employees working for a company based in Brussels for the same duration.
Long-term work authorization: For employment exceeding 90 days, whether for cross-border or remote workers from abroad, an extended work permit is necessary. This permit can be valid for up to three years, contingent on the employment contract’s length, and is available to:
- Highly qualified professionals
- Transferees within a corporate group (excluding trainees)
- European Blue Card holders
- Research personnel.
Single permit: The unified permit process remains the same for stays over 90 days in Belgium.
This summary was prepared using information obtained from the Brussels Regional Public Service
Lithuania: New immigration processes
As of July 01, 2024, Lithuania implemented a new immigration process, that carry some changes to the current system. The following list includes some of these changes.
Employment Verification Process: Publicly advertised job openings must undergo a verification process to ensure no suitable local candidates are available. Employment agencies may inquire further into an employer’s inability to hire locally.
Occupational Quota Regulation: A quota system is regulating the number of non-EU nationals employed in specific Lithuanian industries or roles, adjusted according to labour market demands. These quotas will be reviewed periodically (current quotas available at E-Migris – Migration Department). Should quotas be exhausted, employers will need to offer salaries exceeding 1.2 times the average monthly wage.
Enhanced Oversight and Fines: The Labor Inspectorate will intensify its scrutiny of employment conditions and adherence to foreign recruitment regulations. For non-compliance, penalties might vary based on the monthly wage, from a minimum of 322 EUR to a maximum of 3,680 EUR. Companies might also face a six-month ban on issuing mediation letters.
Expansion of the Shortage Occupation List: Starting January 01, 2025, the shortage occupation list will be updated to include 23 additional professions in dire need of specialists, such as carpenters and aircraft mechanics.
Immigration Policy Changes: Non-EU nationals can no longer work in Lithuania on a visa-free basis or with visas issued by other countries. Visa-free work is permitted for up to three months. For longer stays, temporary residence permits are mandatory, with some exceptions for those meeting specific criteria.
Mediation Letter Fee: A governmental fee of 50 EUR will be imposed on mediation letters.
EU Blue Card Flexibility: Holders of the EU Blue Card, indicating highly skilled employment, may change job functions within the same company without additional permissions. If changing employers after a year of high-qualification employment, the individual must inform the Migration Department within a week.
This summary was prepared using information obtained from our local service partners.
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).
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