Immigration weekly update: February 16, 2023

Immigration news update for all regions


Americas

Brazil: Implementation of the e-consular system & update on MigranteWeb

The e-consular system is a platform that is being implemented by the Brazilian government for consular services and will be used by all Brazilian consulates and embassies. All services, including visa stamps must be processed through this  system.

The benefit of the new system is to standardize the application process and simplify the review of the documentation. Seldom would the authorities  request additional documents  not listed in the platform.

A downside  of this system is that it may result unclear, and users that are not technology-savvy could encounter challenges.

With regards to the MigranteWeb – a system put in place to support the electronic processing of residence permit applications – there have been some issues since its implementation, such as:

  • Frequent requests for additional documentation that has already been provided
  • Frequent access issues
  • Decisions making lasting over 30 days
  • Inconsistency of on the authorities’ decisions  towards granting or not an approval

One benefit is that it is possible to save a draft of the process and resume it at a later stage.

Recent changes to positions at the Ministry of Justice, the Chief of the Federal Police and the Coordinator of the General Immigration Office suggest that there is an expectation of an upgrade to the technology and as such of processing times, however, this is not yet confirmed.

This summary was prepared using information obtained from the Crown Immigration Team, Sao Paulo, Brazil

United States: Registration for fiscal year H-1B cap

Online registrations for the fiscal year (FY) 2024 H-1B cap will open on March 1, 2023, U.S. Citizenship and Immigration Services (USCIS) announced.

New accounts can be created using the myUSCIS online account as of February 21, however, H-1B subject petitioners or their representatives will be able to enter beneficiary information and submit the registration starting March 1. A registration fee of $10 applies to each submitted registration.

The selection process will begin by March 17. If the USCIS does not receive enough registrations, all properly submitted registrations will be selected, otherwise they will be selected randomly. The aim is to notify the beneficiaries by March 31.

A temporary increase in the daily credit card transaction limit has been approved from $24,999.99 to $39,999.99 per day for the FY 2024 H-1B cap season. This comes as a result of increased registrations that exceeded the daily credit card limit.

This summary was prepared using information obtained from the U.S. Citizenship and Immigration Services (USCIS)

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 Rafael Pavanelli (Regional Immigration Manager, Americas) or Roberta Carnaccini (Global Operations Manager, Immigration).


Asia-Pacific

China and South Korea: Resumption of visas

Effective February 10, 2023, the South Korean Consulate in Shanghai has resumed the issuing of short-term visas for Chinese visitors. In reciprocity, effective February 18, 2023, the Chinese Embassy in South Korea has resumed the issuing of short-term visas for South Korean visitors.

This summary was prepared using information obtained from the Reuters and the Consulate General of the Republic of Korea (available in Chinese or Korean).

India: Update on COVID-19 guidelines

A mandatory requirement for RTPCR testing was applicable as of January, 01, 2023, however due to the decline in COVID-19 cases, the guideline has been revised. Effective Monday 13, 2023 this requirement is no longer valid except for the random sampling (2% of the total passengers on inbound flights) which will continue upon arrival to India until further notice. This is valid for all international passengers travelling via air.

This summary was prepared using information obtained from the New Delhi Airport

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 (Regional Immigration Manager, APAC).


Europe, Middle East and Africa

Netherlands: Work authorization policyNetherlands

The Dutch government visa policy allowing foreign nationals to work without valid residence documents has been extended until further notice. Previously, a valid residence permit was required but now this policy allows highly skilled foreign nationals to work upon arrival . They will be able to work for four months on the basis of their permit approval letter. This extension is not valid for EU ICT or Blue Card permit holders.

No source available at the time of writing.

 

South Africa: Application processing delays at the Embassy in Sweden

After receiving an extensive number of applications, the South African Embassy in Stockholm is experiencing delays and applicants are advised to follow up (by calling or visiting in person) on their own applications, to ensure they are processed in a timely manner, especially if the visa is required urgently. The Embassy will not provide any updates to third parties.

The Embassy in Stockholm is authorised to provide service to the following countries: Estonia, Finland, Latvia and Lithuania.

No source available at the time of writing.

United Arab Emirates: Extension on the conversion of employment contracts

The Ministry of Human Resources and Emiratization (MoHRE) has extended the deadline for conversion from unlimited-term employment contracts to fixed-term contracts from February 2, 2023 to December 31, 2023. This is valid for private sector employers in the mainland and is not applicable to free-zone employees.

This summary was prepared using information obtained from the Emirates News Agency

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) or Sabrina Crespo (Team Lead, EMEA). 


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