Immigration weekly update, March 5, 2018

  1. Argentina
  2. India
  3. Turkey
  4. U.K.
  5. U.S.

 

Argentina

Issues with expedited appointment system

Expedited appointments are currently unavailable through the Direccion Nacional de Migraciones (DNM), Argentina National Migration office, website.

Since February 22, 2018 inpiduals have been unable to select expedited appointments to submit Temporary Residence or 24-hour Transitory Work Authorization applications online. Submission of payments has also not been possible.

Key considerations

Non-Mercosur nationals are able to obtain regular appointments for the coming weeks.

Mercosur nationals are heavily impacted as regular appointments are not available until August 30, 2018.

This summary was prepared using information obtained from the DNM Argentina Ministry of Interior, in Spanish, and Peregrine Immigration Management.

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.

India

Bureau of Immigration introduces visa sub-categories

city, india, building, brown, windows, blue sky

Indian missions have now implemented sub-category system introduced in 2017 globally.

To simplify the Indian visa system and better track foreign nationals based on the purpose of their visit, the new sub-categories have been introduced. Though the sub-category system was introduced in 2017, embassies and consulates had not yet implemented this change.

What is the change/update?

When completing an online visa application, all applicants will have to select a visa type followed by an applicable sub-category. Below are the sub-categories per visa type.

Visa CategoriesSub-categoryDescription
Employment VisaE-1Short-term remunerative employment up to six months
E-2Long-term remunerative employment beyond six months
E-3For Intra-company transferee
E-4For honorary work with NGOs
E-5Staff/faculty in South Asian university and Nalanda university
E-1X

E-2X

E-3X

E-4X

E-5X

For dependents of employment holders (sub-category to be selected based on principal applicant sub-category)
Business VisaB-1Business Visitors attending business meetings, technical meetings, etc. for short periods
B-2Business visitors from small and medium businesses
B-3Business visitors from large businesses
B-4Business visa for Investors
B-5Crew of non-scheduled airlines, charted flights operated by such airlines and special flights
B-6Foreign academics/experts covered under Global initiative of academic networks
B-7Foreign national business partners and/or those functioning as company directors
B-8Other miscellaneous categories eligible for Business visas not covered by above sub-categories
B-SportsForeign nationals engaged in commercial sporting events in India on contract (including coaches) with remuneration
B-1X

B-2X

B-3X

B-4X

For dependents of Business Visa holders. Please note dependents of B-6, B-7, B-8 and B-Sports visa holders will not be granted B-X visas
Tourist VisaT-1Tourist visa for inpidual tourists
T-2Tourist visa for group tourists
T-3For cruise tourism
Intern VisaI-1Intern under French VIE program
I-2Intern with business house including those sponsored by AIESEC
I-3Intern with NGOs and educational intuitions including those sponsored by  AIESEC
I-4Intern with foreign media organization in India

 

Key considerations

Processing time and document requirements for all visa sub-categories remain unchanged.

It is at the discretion of the approving officer to approve an application based on the visa sub-category selected by the applicant.

This summary was prepared using information obtained from the India Bureau of Immigration Online Portal.

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 or Bopanna Nanjappa, Immigration Manager for India.

Turkey

New work permit system implemented

The Ministry of Labour (MOL) has implemented a new system for work permit applications.

The new system requires all applications to be submitted via a KEP (kayitli electronik posta) account, a registered email account belonging to the sponsoring company. Applications must be submitted through “e-devlet” and require an electronic signature on the application form.

Key considerations

Employers of foreign nationals should expect delays during the implementation of the new work permit application system. Currently the system is not fully operational, with technical difficulties reported by those who have already started to use it. The MOL may temporarily use the old application system until the new system is fully operational.

Crown Turkey (Istanbul) is able to provide guidance and support on obtaining KEP and e-signature. Information on the registration can be found here.

This summary was prepared using information obtained from the MOL (in Turkish).

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.

United Kingdom

Government announces status of EU nationals post Brexit

Bristol, United Kingdom, architecture, old, blue sky

Subject to negotiation with the EU, the Home Office has proposed that EU nationals and their family members be allowed to move to the U.K. during the Brexit transition. The same rules would apply to U.K. nationals moving to the EU during this time.

As per the latest policy statement, no new constraints would apply to EU nationals traveling to the U.K. for work or study after March 29, 2019.

If staying for more than three months, EU nationals and their family members would must register through a new system in order to apply for indefinite leave to remain (ILR) under settled status. Irish nationals would not be required to apply for settled status.

Key considerations

There will be no change to the status of EU nationals living in the U.K. while the U.K. remains part of the EU.

Further information is available online for U.K. nationals traveling and living in the EU:

This summary was prepared using information obtained from the U.K. Government.

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.

United States

Clarification on policy regarding third-party worksite regulations for H-1B employees

The United States Citizenship and Immigration Services (USCIS) may request H-1B employers to provide contracts and itineraries for employees who will work at a third-party location. This is to ensure a legitimate work relationship is maintained.

H-1B applications require documentation showing the applicant will be employed in a speciality occupation and an employer-employee relationship is maintained for the duration of the requested validity period.

Employers are required to demonstrate that H-1B employees have qualifying assignments in a speciality occupation when placed at third-party worksites. This is for the duration of the requested application.

This updated guidance in policy aligns with the Presidential Executive Order on “Buy American and Hire American” which seeks to protect the interests of U.S. workers.

Key considerations

H-1B applications are generally approved for up to three years. The USCIS has the right to limit the approval period to align with the duration of the third-party contract. Applications may be refused if the documentation provided is insufficient or does not meet the new requirements.

When planning for the upcoming H-1B filing season, employers should take note of the evidence required in order to support applications (initial and extensions).

This summary was prepared using information obtained from the 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 Roberta Carnaccini, Global Operations Director, Immigration.

  1. Argentina
  2. India
  3. Turkey
  4. U.K.
  5. U.S.

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