Immigration news update for AMER and EMEA regions
Americas
United States: Israel becomes member of U.S. Visa Waiver Program
By November 30, the U.S. will update the Electronic System for Travel Authorization (ESTA) and Israel nationals will be allowed to apply for travel to the United States for tourism or business for up to 90 days without obtaining a U.S. visa.
To obtain this long-term desired goal, Israel has had to pass new laws, including establishing information sharing systems and implementing new entry procedures for all U.S. citizens. As a result of this, Israel has been added to the U.S. Visa Waiver Program, being the 41st member to join.
The ESTA registration will be generally valid for the duration of two years or the expiration of a passport, depending on what comes sooner.
Travelers with possession of a valid B-1 and B-2 VISA can still use their current VISA for travelling to the United States.
U.S. nationals will now be able to request for entry to Israel for up to 90 days for tourism, business, or transit, without obtaining a VISA.
This summary was prepared using information obtained from the U.S. Embassy of Israel
Apple to pay $25 million for Employment Discrimination Based on Citizenship Allegations
Earlier this month, the Justice Department secured an agreement with Apple Inc. (Apple) for illegal discrimination of U.S. citizens in hiring and recruitment. This resulted from not navigating the Permanent Labour Certification Process (PERM), when sponsoring employees for permanent residence, in the correct way. The settlement is $25 million, the highest that the Justice department has reached under the anti-discrimination provision of the Immigration and Nationality act (INA).
The Permanent Labour Certification Process requires a detailed labour market test to make sure that no U.S. qualified nationals are available to take the given position and a sponsored foreign national will be required to fill in. There is an available standard practice of advertising a job opening, that the employer must comply with. This method is usually in addition to common the practice of the employer such as newspaper advertisement.
It is crucial for the employer to make sure they are not putting any obstacles in place, that could disqualify a suitable U.S. applicant. According to the investigation of the Justice Department, these recruitment practices were violated by Apple. This has reduced the chance of otherwise qualified U.S. workers to be considered for these open roles and therefore also led to the violation of the anti-discrimination provision of the Immigration and Nationality act (INA).
It is highly advised that employers cooperate with legal companies, that will assist in the hiring process under the complex PERM processing regulations and thereby reduce the risk of legal complications.
This summary was prepared using information obtained from the U.S. Department of Justice and the local supplier.
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) or Rafael Pavanelli (Regional Immigration Manager, AMER).
Europe, Middle East and Africa
European Union: Temporary Protection Directive prolonged until March 4, 2025
The Temporary Protection Status regime for Ukrainian citizens has now been prolonged until at least March 4, 2025, as decided by the European Council. This Temporary Protection Status, adopted by all EU countries for eligible Ukrainian citizens and residents leaving Ukraine in view of the Russia-Ukraine war, was originally planned until March 2024.
The directive is applicable to Ukrainian citizens, foreign citizens that reside in Ukraine, and spouses/partners, minor children and family dependents living in Ukraine during or before February 24, 2022. It offers expedited stay, residence, and work status for those eligible.
All EU member states, for which this extension is binding, will detail their intra-country procedures accordingly.
Non-EU countries, such as Norway, United Kingdom, Switzerland, and Albania, have also introduced their own protection measures for Ukrainian nationals and residents.
The European Commission is expected to propose another extension of the Temporary Protection Status if the situation should not improve. In this case, the European Council shall again vote on it.
Should the situation improve, the European Commission can propose to the European Council to terminate this temporary protective measure. In this case the granted permits would then become invalid and withdrawn. In this case the EU member states would again have individual intra-country procedures in place.
This summary was prepared using information obtained from the European Council
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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