Immigration news updates for AMER, APAC and EMEA regions
Americas
United States: DHS Proposes New Fee for H-1B Cap-Subject Petitions
The U.S. Department of Homeland Security (DHS) has published a proposed rule that would introduce a new filing fee of USD 103,265 for all H-1B cap-subject petitions, including those filed under the advanced degree (master’s cap) exemption. The proposed fee would be payable at the time of filing and would apply in addition to all existing H-1B petition fees.
According to DHS, the proposed fee is intended to help recover a portion of the federal government’s costs associated with administering the lawful immigration system, including activities carried out by DHS, the Department of Justice (DOJ), Department of State (DOS), and Department of Labor (DOL).
The proposal would apply only to H-1B petitions subject to the annual cap and would not affect cap-exempt filings. DHS indicated that the fee would serve as a dedicated revenue mechanism to support immigration-related operations across multiple federal agencies.
The proposed rule was scheduled for publication in the Federal Register on 25 August 2026. DHS has opened a 30-day public comment period, after which it will review stakeholder feedback before determining whether to proceed with a final rule.
This summary was prepared using information provided from the Department of Homeland Security
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 Joanna Sogeke (European Client Services Manager – Immigration).
Asia-Pacific
Australia: Ministerial Direction 119 introduces new skilled visa processing priorities
Ministerial Direction 119 commenced on July 25, 2026, replacing Ministerial Direction 105 and establishing new processing priorities for certain skilled visa and employer nomination applications. The Direction applies to both new applications and applications that were lodged before July 25, 2026, but remained undecided on that date.
Under the Direction, applications are generally prioritised in the following order:
- Applicants connected with law enforcement or defence occupations.
- Onshore applicants in specified construction, healthcare, or teaching occupations.
- Other applicants who were in Australia when the application was lodged.
- Applicants who were outside Australia when the application was lodged.
A notable change is the inclusion of Subclass 482 Skills in Demand visa applications and associated employer nomination applications within the priority framework. For processing purposes, an applicant’s location is assessed at the time the application is lodged rather than when a decision is made. This approach also applies to applications lodged before July 25, 2026, that remain undecided.
Implications for employers
- Processing times may vary depending on the priority category assigned to a sponsored worker’s application.
- Offshore applicants and applicants in lower-priority categories may experience longer processing times.
- Processing priority may differ depending on whether a role falls within a higher-priority occupation group.
- Accredited sponsor status does not appear to create a separate processing priority category under the Direction.
- The Direction affects the order in which applications are processed and does not alter visa eligibility requirements or sponsorship obligations.
Implications for applicants
- Applicants in higher-priority categories may have their applications considered sooner, although no specific processing timeframes have been announced.
- Applications in lower-priority categories will continue to be processed and remain subject to the same eligibility requirements.
- Whether an applicant was located in Australia or overseas at the time of lodgement may affect processing priority.
- Processing expectations established under Ministerial Direction 105 may no longer apply.
While Ministerial Direction 119 does not change visa eligibility requirements, it introduces a revised framework for prioritising certain skilled visa and employer nomination applications. As processing priorities now place greater emphasis on occupation type and an applicant’s location at the time of lodgement, processing times may vary between application categories. At the time of publication, the Department of Home Affairs has not released indicative processing timeframes for the various priority groups.
This summary was prepared using information provided from the Department of Home Affairs
China: Expansion of Visa-Free Travel Access for Kyrgyzstan and Vietnam Nationals
China has expanded its 240-hour (10-day) visa-free transit program to include nationals of Kyrgyzstan and Vietnam, effective 20 August 2026. The change increases the number of eligible nationalities under the program to 57.
Under the policy, eligible travellers holding an ordinary passport, a confirmed onward ticket, and travel arrangements to a third country or region may enter China through one of the country’s designated ports of entry and remain in China for up to 240 hours without obtaining a visa. The arrangement applies only to qualifying transit travellers and requires onward travel to a third destination.
In addition, China has extended eligibility for Hainan Province’s 30-day visa-free entry program to nationals of Kyrgyzstan and Vietnam. Effective 20 August 2026, eligible travellers may enter through approved ports in Hainan and stay visa-free for up to 30 days for permitted activities, including tourism and business visits. With this expansion, the number of countries covered by Hainan’s visa-free policy has increased to 61.
Both the 240-hour transit program and the Hainan visa-free arrangement permit activities such as tourism, business visits, family visits, and exchange activities. The policies do not permit employment, formal study, or journalism-related activities. Individuals intending to undertake these activities must obtain the appropriate Chinese visa before travel.
This summary was prepared using information provided from the State Council
Vietnam: New Electronic Identification Framework for Foreign Nationals
Vietnam has introduced significant changes to its electronic identification framework for foreign nationals under Decree No. 320/2026/ND-CP, issued on 13 August 2026. The new rules simplify registration procedures, reduce documentation requirements, strengthen account security measures, and shorten processing times for both individuals and organizations.
One of the key changes is the removal of the previous distinction between Level 1 and Level 2 electronic identification accounts. Under the revised framework, foreign nationals who legally enter or reside in Vietnam may apply for an electronic identification account, while organizations established or registered to operate in Vietnam may also obtain electronic identification accounts. The change is intended to simplify access to digital government services and identity verification processes.
Foreign nationals seeking an electronic identification account must apply in person at a provincial-level immigration management authority. Applicants will be required to present a valid passport or other recognized international travel document, complete the prescribed application form, and provide a Vietnamese mobile phone number. Applicants may also provide an email address and request the integration of additional information into the VNeID national identification application.
The decree also reduces administrative burdens by preventing government authorities from requesting documents that have already been integrated into the electronic identification system. In addition, enhanced security measures have been introduced, including the automatic suspension of accounts when the registered mobile phone number is no longer registered in the account holder’s name.
The new framework also establishes dedicated procedures for foreign children under 14 years of age and introduces shorter processing times for both individual and organizational applications.
This summary was prepared using information provided from the Decree No. 320/2026/ND-CP (13 August 2026)
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 Beynon (Director of Immigration Services, APAC).
Europe, Middle East and Africa
Belgium: Introduction of new cross-border worker rules
Belgium introduced a new framework for cross-border workers on August 17, 2026. The changes simplify procedures for EU citizens and establish new documentation requirements for certain non-EU nationals who live abroad and commute regularly to Belgium for work.
EU Citizens
Under the new framework, the process for EU nationals has been simplified:
- Municipal registration for cross-border work is no longer required.
- Workers may enter and leave Belgium using a valid passport or national ID card.
- Annex 15 is no longer issued.
- Individuals who move their primary residence to Belgium are required to follow the standard EU residence procedure.
- A BIS number may still be requested where necessary.
Cross-Border Workers Residing in France, the Netherlands, Germany, or Luxembourg
Non-EU nationals residing in one of Belgium’s neighbouring Member States must submit their application through the municipality where they work in Belgium. This applies to employees, self-employed individuals, and posted workers.
Under the new framework:
- Annex 15 has been replaced by Annex 64.
- Annex 64 is not a residence permit and is intended solely for cross-border work purposes.
- The document permits entry to and exit from Belgium for eligible cross-border workers.
- Its validity is linked to the worker’s employment or professional authorization and is generally limited to one year.
- The validity period cannot extend beyond the expiry date of the worker’s passport or residence permit issued by their country of residence.
- Applicants must confirm that their primary residence remains outside Belgium.
Annex 64 may be renewed where the cross-border worker conditions continue to be met and the required supporting documentation is provided.
Cross-Border Workers Residing in the United Kingdom
Individuals residing in the United Kingdom, including both UK nationals and third-country nationals, are subject to a separate application process.
Under the new framework, applicants must:
- Submit their application through the competent Belgian embassy or consulate in the United Kingdom.
- Obtain a D Visa B63 if the application is approved.
- Note that the visa does not confer residence rights in Belgium.
- No municipal registration or application in Belgium is required.
Transitional Arrangements
Existing Annex 15 documents issued under the previous framework remain valid during a 12-month transition period following the implementation of the new rules.
Application Process
Applications submitted from August 17, 2026, must follow the procedures introduced under the revised framework.
For non-EU nationals residing in France, the Netherlands, Germany, or Luxembourg, applications for Annex 64 must be supported by:
- A valid passport.
- A valid residence permit from the country of residence.
- A declaration confirming that the applicant’s primary residence remains outside Belgium.
- Proof of professional activity in Belgium, such as:
- A work authorization for employees.
- A professional card for self-employed individuals.
- A work authorization or A1 certificate for posted workers.
For individuals residing in the United Kingdom, applications for a D Visa B63 must be submitted through the relevant Belgian diplomatic post.
This summary was prepared using information provided by our Service Partner.
Switzerland: Extension of Protection Status S
The Swiss Federal Council has extended Protection Status S for displaced persons from Ukraine until March 4, 2028, citing the ongoing conflict and the absence of a lasting ceasefire. The extension also includes the continuation of Programme S, which supports integration through language training, education, and access to the labour market.
In line with a recent EU decision, Switzerland introduced a new eligibility requirement for applications submitted on or after August 20, 2026. Protection Status S will only be granted to individuals who are complying with any military obligations they may have in Ukraine. This change does not affect current holders of Status S.
The Federal Council also confirmed that existing restrictions remain in place, limiting eligibility primarily to individuals whose last place of residence was in occupied or conflict-affected regions of Ukraine.
Ukrainian nationals who have held Status S in Switzerland for five years may become eligible for a B residence permit linked to Status S. In certain cases, individuals may also apply for a residence permit independent of Status S under Switzerland’s hardship provisions, subject to cantonal and federal approval.
This summary was prepared using information provided from The Swiss Federal Authorities
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 Joanna Sogeke (European Client Services Manager – Immigration).
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