Immigration news update for all regions
Americas
United States: Clarification for H-1B fee
As already stated, under a new presidential proclamation, a $100,000 surcharge will apply to new H-1B petitions if the beneficiary is outside the U.S. and does not already hold a valid H-1B visa. This applies to both cap-subject and cap-exempt filings. The fee is due at the time of filing unless alternate payment options are announced.
Petitions are exempt from the surcharge if the beneficiary is:
- Inside the U.S. in valid status and the petition is for a change of status, extension, amendment, or change of employer.
- Already holds a valid H-1B visa, even if abroad.
- The petition was received by USCIS before the deadline (mailing date will not count).
If USCIS later finds the petition was ineligible for in-country processing or the beneficiary switches to consular processing, the surcharge may be retroactively applied.
All H-1B petitions must still meet standard requirements: a certified LCA, a qualifying specialty occupation, proof of qualifications and compliance with wage and posting rules.
Exceptions to the surcharge may be granted only in extraordinarily rare cases if the Secretary of Homeland Security finds the worker’s presence is in the national interest, no U.S. worker is available, the individual poses no threat and the fee would undermine U.S. interests.
This summary was prepared using the information from our Service partner Maggio, Kattar, Nahajzer + Alexander, PC.
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
Japan: Stricter business manager visa rules
Japan’s business manager visa, originally designed to attract entrepreneurial foreign nationals and stimulate economic growth, has come under scrutiny due to increasing misuse. Authorities are now taking steps to realign the system with its intended purpose and strengthen enforcement against illegal residency.
New requirements include a significantly increased capital investment of ¥30 million (up from ¥5 million), mandatory hiring of at least one full-time employee in Japan, stricter personal qualifications (such as three years of management experience or a relevant master’s degree), and a mandatory professional review of the business plan. Either the applicant or one of the full-time employees must possess a sufficient level of Japanese language; CEFR B2 level or higher.
This summary was prepared using information provided from The Japan News
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 Roberta Carnaccini (Global Operations Director, Immigration).
Europe, Middle East and Africa
Europe: Temporary reintroduction of border controls
Under the Schengen Borders Code (SBC), Member States may temporarily reintroduce border controls at all or specific sections of their internal borders for example in response to a serious threat to public policy or internal security.
This measure is intended as a last resort and must be applied only in exceptional circumstances, in line with the principles of necessity.
The duration of such controls is strictly time-limited and depends on the legal basis given by the Member State implementing them. Full details can be found here.
While the decision to reintroduce border controls lies with the Member States, it is subject to oversight by the European Commission, which may need to assess the necessity and proportionality of the measure and issue an opinion accordingly.
This summary was prepared using information provided from the European Commission
Nigeria: Launch of online Temporary Work Permit applications
Nigeria has recently launched an online application system for Temporary Work Permits (TWP).
To apply, candidates must first receive an official invitation from a Nigerian company, outlining the nature of the work and confirming the duration of the assignment.
After creating an account on the TWP portal, applicants complete the online form, upload a valid passport, a passport-sized photo and documentation from the host company, including its registration details and offer letter and make the necessary payment.
The portal enables real-time tracking of application progress and provides direct updates to users.
The TWP is a short-term visa issued by the Nigerian Immigration Service (NIS), designed for foreign professionals invited to Nigeria for specific assignments such as installation, after-sale maintenance, training or consultancy services. It is ideal for individuals not taking up permanent employment but engaged in brief, project-based work.
This summary was prepared based on information from the Nigerian Immigration Service
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).
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