Immigration weekly update: October 22, 2020


Americas

United States: New H-1B Visa changes

The Department of Homeland Security (DHS) has implemented changes for H-1B Visa applications, mainly revising the definition of a “specialty occupation,” and adding definitions for “worksite” and “third-party worksite.” These measures take immediate effect for new applicants and any current/pending process will also fall under the new regulations.

Impact

This will demand an increase in wage levels, based on the DOL online wage library. Employers may use alternative surveys to define salaries besides the department of labor. With this, there will be visa approval challenges for the employee working on their client’s site.

Note: Since the changes were announced earlier this month, some lawsuits have been filed against this measure.

This summary was prepared using information obtained from the Federal Register and Forbes.

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.


Asia-Pacific

Malaysia: Quarantine Center in Malaysia

All incoming travelers or Persons Under Surveillance (PUS) must register at MySejahtera Quarantine within three days of departure as per requirements of the 14-day compulsory quarantine order by scanning QR code above.

For Premium Hotel quarantine stations, individuals need to liaise directly with the hotel for booking and transportation arrangements. Please refer to the Premium Hotel list below.

Selangor

No Nama Hotel/Hotel Name Telephone Number
1 Marriot Putrajaya +603-89498888
2 Sama-Sama KLIA +603-87873333
3 Dosset Subang +6016-2011672
4 Hilton Petaling Jaya +603-76249000
5 Hilton Garden In Puchong +603-80841299

 

Kuala Lumpur

No Nama Hotel/Hotel Name Telephone Number
1 Grand Millinium Bukit Bintang +603-21174310
2 Istana KL +603-21419988
3 Impiana KLCC +603-21471111
4 Swiss Garden KL +6019-8823326

 

Note: Individuals must show proof of booking and payment to the secretariat upon arrival at International Entry Point.

This summary was prepared using information obtained from Nadma gov (language: Indonesian).

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 Jane Beynon, Regional Immigration Manager (APAC).


Europe, Middle East and Africa

Belgium: Salary indexation announced in three regions

Minimum salary increases in Flanders, Wallonia and Brussels regions announced with effect from January 1, 2021.

  • The minimum annual salary for foreign workers in the region of Flanders will increase 1.94%
    • 69,638 Euros for executives
    • 52,229 Euros for EU Blue Card applicants
    • 43,524 Euros for specialists and trainees under the EU ICT Permit and for highly skilled permit applicants
    • 34,819.20 Euros for locally hired staff under 30
  • The minimum annual salary for foreign workers in the region of Brussels and Wallonia will increase 1.23%
    • 72,399 Euros for executives
    • 56,111 Euros for EU Blue Card applicants and managers under the EU ICT Permit
    • 44,889 Euros for specialists
    • 28,056 Euros for trainees under the EU ICT Permit
    • 43,395 Euros for highly skilled permit applicants

Impact:

Salaries must increase for existing foreign nationals; anyone seeking to obtain or renew permits must align with the new rules. Authorities must be informed of increases for applications that are under consideration.

Immigration applications that do not meet the minimum salary will be rejected.

Proposed action:

Employers in Belgium must ensure their payroll departments implement the changes immediately.

No source available at the time of writing.

Dubai: Virtual working program for overseas professionals

A new initiative – Virtual Working – enables remote working professionals to live in Dubai while continuing to serve their employers in their home country. Foreign nationals will work from Dubai without a local employment contract and benefit from the Emirate’s digital infrastructure and location as a travel hub in the Middle East.

Impact

This will provide remote workers and their families the opportunity to relocate on an annual basis to Dubai. Eligible professionals can live and work for up to 12 months and connect to a global hub and a skilled workforce composed of 200+ nationalities. Benefits also include Dubai’s zero income tax and they’ll be able to open local bank accounts, enroll children in schools, and get access to other necessary services including utilities, telecoms, etc.

Criteria for eligibility:

  • Passport with minimum six months’ validity
  • Health insurance with UAE coverage validity
  • Proof of Employment from current employer with a one-year contract validity, a minimum of US$ 5,000 per month salary, last month’s pay slip and three preceding months’ bank statements
  • If the foreign national is a company owner: proof of ownership for one year or more, with an average monthly income of US$ 5,000 per month, and three preceding months’ bank statements

Cost:

  • US$ 287 plus medical insurance with valid UAE coverage and processing fee per person

Duration of employment:

  • The virtual working program is valid for one year, with the possibility of renewal for a similar duration each time

Proposed action:

Remote work benefits both companies and employees, saving costs, improving talent pools, and helping people achieve better flexibility and work-life balance. With the initiation of this program, more professionals will be able to relocate to Dubai along with their families and will get the opportunity to earn a better lifestyle by living in the most dynamic of cities.

Similar programs have been offered by a host of other countries in recent months – from Barbados in the Caribbean, to Estonia in the Baltic region, to Georgia in the Caucasus, and Croatia in the Balkan Peninsula. Dubai’s initiative could further cement the Emirate’s status as a global business hub at a time of great change across the Middle East and North Africa.

This summary was prepared using information obtained from the Gulf Business.

Italy: Partly cancelling/modifying ”security and immigration decree” provisions

New provisions introduced encourage a more welcoming system of integration, including more categories of permits of stay, which can be transitioned into work permits. The previous fines determined for NGOs rescuing migrants (usually at sea), have also been reduced, stated that they follow a protocol agreed with the local Italian authorities.

Additionally, there will be a ban on expulsion where foreign nationals were subject to inhumane treatment and repatriation would put them at risk of torture.

There will also be a reduction in processing time for citizenship applications, both for naturalization and marriage. This will now be 36 months: the term was raised from 24 months to 48 months by the Salvini decree.

This summary was prepared using information obtained from the Info Migrants.

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 Laxmi Vikraman, Regional Immigration Manager (EMEA).


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