The US Department of Homeland Security (DHS) published a new regulation to “modernize” the H 1B program, a visa category commonly used by US employers to hire skilled foreign workers. The new regulation takes effect on January 17, 2025. The timing of the rule is notable, coming at the end of the Biden Administration and
Following our previous article on the rollout of eVisas in the UK, the UK Government has confirmed that all those who hold Biometric Residence Permits (“BRPs”), which are credit card sized identity documents which hold a migrant’s biographic data, biometric information and details of their UK immigration status, which expire on 31 December 2024, may now register for a UK Visas and Immigration (“UKVI”) account to access their eVisa. Previously, only those who had received an e-mail inviting them to register for a UKVI account were able to create one.Continue Reading UK Government continues rollout of eVisas to BRP holders
In a significant development, the US Department of Homeland Security (DHS) is taking steps to prevent certain applicants from experiencing a lapse in employment authorization while their renewal requests remain pending. The agency is temporarily increasing the automatic extension period from a maximum of 180 days to 540 days from the expiration date stated on the work permit.[1] The agency estimates that the update will safeguard more than $29 billion in employee earnings while saving US employers more than $5 billion in labor turnover costs.
A large population will benefit from the automatic extensions, including individuals with pending adjustment of status applications (green card applications); certain spouses of E, H, and L nonimmigrants; asylum seekers with pending applications; as well as many others.[2] The rule is expected to reduce gaps in these individuals’ employment authorization and thereby protect employers’ continuity of operations and financial stability by avoiding labor turnover and replacement costs.Continue Reading More Time on the Clock: DHS Extends Work Authorization Amid Processing Delays
On April 1, 2024, US Citizenship and Immigration Services (USCIS) implemented new costs for many common immigration filings, resulting in a fee increase of 100% to 200% for certain visa categories including those utilized by US employers. In this Legal Update, we examine some of these new fees, the impact of the fee increase on
New Immigration Rules came into force in the UK on 4 April 2024 which affect employers who sponsor workers under the Skilled worker or Global Business Mobility: Senior or Specialist Worker routes. Continue Reading Raising The Bar: New UK Immigration Rules Increase Salary Thresholds For Sponsored Workers
The US Supreme Court has declined to consider a lawsuit that sought to eliminate a work authorization program widely utilized by foreign graduates of US universities. The Supreme Court’s denial of a writ of certiorari ensures that foreign graduates may continue working through the Department of Homeland Security’s Optional Practical Training (OPT) program, eliminating a
The UK Home Office has announced that, with effect from 4 October 2023, there will be an increase in application fees for a number of UK immigration and nationality routes. The headline increases are:
The Indonesian government has announced a mandatory annual reporting deadline for employers of foreign workers. According to the announcement, employers must provide Indonesia’s Ministry of Manpower with an annual manpower report no later than January 10, 2023. Submission of the annual report has been required since 2018, but the precise due date is announced each year. Failure to submit the report by the stated deadline may result in fines or other sanctions against the employer.Continue Reading Indonesia Announces Mandatory Reporting Deadline for Foreign Nationals
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