On December 2, 2022, the Canadian government announced a two-year expansion of work authorization to spouses and working-age children of temporary foreign workers at all skill levels. According to the announcement, the short-term measure is designed to address gaps in Canada’s labor market amid the country’s economic recovery from the COVID-19 pandemic. Prior to the announcement, the only family members eligible for work authorization were spouses of temporary workers in high-skill occupations. The government’s move is expected to extend work authorization to as many as 200,000 noncitizens beginning in January 2023.Continue Reading Canada Extends Work Authorization to Families of Temporary Foreign Workers

Singapore’s Ministry of Manpower (MOM) has introduced a new work-authorized visa category for foreign nationals. Known as the Overseas Networks & Expertise (ONE) Pass, the visa is designed for individuals considered to be top talent in business, arts, culture, sports, science, technology, academia, and research. Although details on the application process are still forthcoming, eligible candidates are expected to be able to begin applying effective January 1, 2023.Continue Reading Singapore Creates New High Talent Visa Category

By the end of August, there were reports indicating that some Indian consulates and the local registration authorities in India started requiring foreign nationals seeking or holding Employment (E) visas to provide proof that their salaries were being paid or were paid in India. Most recently, it seems like the Indian government reversed this requirement. Although no formal announcement was made either as to the payroll localization requirement or the most recent reversal, the move is a welcome change for global employers, many of which choose to maintain foreign assignees on their home country’s payroll.Continue Reading India Reverses Payroll Localization Requirement for Employment Visa Holders

Effective October 1, 2022, Singapore will only require certain applicants for work pass renewals to be fully vaccinated. Specifically, only Work Permit and S Pass holders employed in the construction, marine shipyard, or process sectors, or those staying in dormitories, will be required to be fully vaccinated to apply for renewal passes. All applicants for new passes must continue to be fully vaccinated. The announcement from the Ministry of Manpower (MOM) is expected to ease the renewal process for many MOM pass holders.Continue Reading Singapore Updates COVID Vaccination Requirements for Work Passes

Immigration, Refugees and Citizenship Canada has announced amendments to the Immigration and Refugee Protection Regulations, to take effect on September 26, 2022.

Snapshot Summary

These amendments impact the Temporary Foreign Workers Program, and the International Mobility Program, placing greater responsibility on employers to protect the rights of foreign workers.

The regulatory amendments aim to protect foreign workers’ rights and to improve employer compliance by addressing gaps in worker protections, workplace conditions for foreign workers, and ensuring access to information on employment rights, as well as focusing on providing improved access to healthcare services for foreign workers.Continue Reading Foreign Workers’ Rights Enhanced in Canada Through New Regulatory Amendments

In advance of hosting the FIFA World Cup in late 2022, Qatar has announced new restrictions on the entry of foreign nationals. Specifically, all foreign nationals seeking to enter Qatar as visitors will need to carry a “Hayya” Card as of November 1, 2022. Visitors must hold match tickets in order to qualify for the Hayya, which can be applied for online. Qatari citizens and foreign nationals holding a residence permit may continue to enter Qatar as usual. Qatar’s move to require foreign visitors to hold match tickets in order to enter the country has been anticipated since a draft decision of the Ministry of Interior earlier this year.Continue Reading Qatar Restricts Visitor Entry During World Cup

Note: Updated to reflect the Department of Homeland Security’s notice on 9/15/2022 regarding the next phase of premium processing for petitioners who have a pending Form I-140, Immigrant Petition, under the EB-1 and EB-2 classifications.

The Department of Homeland Security (DHS) is expanding the availability of premium processing for certain pending, employment-based (EB) immigrant petitions, according to its recent alert. The changes specifically affect:

  • EB-1 multinational executives and managers; and
  • EB-2 professionals with advanced degrees or exceptional ability seeking a national interest waiver (NIW).

This is the third phase of the previously announced plan to expand premium processing. The agency aims to increase efficiency and reduce burdens to the immigration system.Continue Reading Need a Decision Faster? DHS Expands Premium Processing for Certain Employment-Based Petitions

Employers are responsible for verifying the identity and employment authorization of newly hired employees. The Form I-9 (Employment Eligibility Verification) is critical to any employer’s onboarding process for new hires, but ongoing Form I-9 maintenance is equally important with respect to existing employees who need to renew their work authorization documents with the Department of Homeland Security (DHS).

Some employers have faced challenges in this regard following DHS’s recent announcement of a Temporary Final Rule increasing the automatic extension period for employment authorization for certain individuals from 180 to 540 days. The rule was intended to provide additional security to both employees and employers while their renewal applications are being adjudicated by U.S. Citizenship & Immigration Services (USCIS). However, the rule also raises significant considerations for employers seeking to maintain proper Form I-9 compliance and avoid liability for past errors.Continue Reading Critical Form I-9 Compliance Risks as DHS Changes Work Authorization Rules

The Department of Homeland Security (DHS) announced a new rule which permits certain noncitizen applicants to continue working without disruption while their requests for employment authorization are pending adjudication. Qualified individuals must have a pending Form I-765 (Application for Employment Authorization) and meet other criteria (timely filed, same employment category, received a Form I-797C notice) to continue working for up to 540 days from the expiration date stated on their Employment Authorization Documents (EADs or Forms I-766).
Continue Reading DHS Extends Work Permits for Approximately 18 Months, Immediately Affecting 87,000 Applicants

With the regular changes to the UK Right to Work (“RTW”) checks over the last year or so, employers may be forgiven for having lost track of what the latest requirements are.

As mentioned in our last blog on RTW checks (You’re Joking – Not Another One! Further Changes to the Right to Work