To retain the best global talent, many employers leverage the annual H-1B visa lottery to secure work authorization for new employees. The nature of a lottery, however, leads some employers to search for ways to improve their chances of securing that “winning ticket”—and a pathway to retaining key talent in the United States. Recently, the
Australia’s Department of Home Affairs has announced that all subclass 482 visa holders will be eligible to apply for permanent residency by the end of 2023. Currently, subclass 482 visa holders in short-term occupations are unable to seek permanent residency. The government will also allow short-term subclass 482 visa holders to renew their visas indefinitely, and will reduce the required employment period before seeking permanent residency from three years to two. The new policies are designed to provide more equitable access to permanent residency in Australia.
Continue Reading Australia Expands Eligibility for Permanent Residency
Effective July 1, 2023, the Australian government will raise the Temporary Skilled Migration Income Threshold (TSMIT) from AUD $53,900 to AUD $70,000. The move is a response to the government’s independent “Review of the Migration System,” which recently recommended actions for updating Australia’s immigration system. Raising the TSMIT will affect eligibility for the Subclass 482 visa – a Temporary Skill Shortage visa designed to allow employers to sponsor a suitably skilled foreign worker to fill a position for which a qualified Australian candidate cannot be found. According to the government announcement, around 90% of full-time jobs in Australia are now paid more than the current TSMIT.
Continue Reading Australia Raises Income Threshold for Skilled Migrant Visas
On April 18, 2023, the European Parliament approved a visa liberalization regime for Kosovar nationals that enables visa-free travel to the Schengen Area. Under the plan, citizens of Kosovo will be allowed to travel to the Schengen Area without requesting a visa, for periods of up to 90 days in any 180-day period. EU citizens will likewise be allowed to travel to Kosovo without a visa. The law is set to enter into force once the European Travel Information and Authorization System (ETIAS) becomes active, which is expected in 2024.
Continue Reading European Parliament Approves Visa-Free Travel for Kosovo
Mayer Brown’s Andrew Pincus contributed to Forbes’ recent article, “Immigration Research: DACA Recipients Do Not Harm U.S.-Born Workers.” In the piece, Andrew explores the repercussions of ending the Deferred Action for Childhood Arrivals (DACA). He states that more than 600,000 people could lose the ability to participate in society and also face the
On Monday, March 27, 2023, U.S. Citizenship & Immigration Services (USCIS) announced that it had received a sufficient number of H-1B registrations through its electronic registration system to reach the annual cap for FY 2024. The announcement includes registrations for both the 65,000 regular cap as well as the 20,000 slots allotted for the U.S. advanced degree exemption (or “master’s cap”). H-1B cap-subject petitions for FY 2024 may be submitted based on valid, selected registrations beginning April 1, 2023. While USCIS has not announced plans for additional selections, valid registrations remain eligible for selection if the number of petitions actually submitted does not allow the agency to reach the annual cap.
Continue Reading USCIS Completes Initial H-1B Registration Selection Process for FY 2024
Effective October 1, 2023, Brazil will require nationals of the United States, Canada, Japan, and Australia to obtain a visa prior to entering the country for tourism, business, and other purposes. The announcement reverses a visa waiver policy that had been in place since 2019 with the goal of promoting tourism. In announcing the new requirement, the Brazilian government stated that the visa exemption policy was not in keeping with the principle of reciprocity, as all four countries require visas of Brazilian nationals. While details on the new visa requirements are forthcoming, the government has stated that the visas will be issued electronically, as they were previously.
Continue Reading Brazil to Reinstitute Visa Requirement for U.S., Canada, Japan, & Australia
On February 16, 2023, the Irish government announced the extension of a Temporary Protection program for individuals fleeing the war in Ukraine. As the initial Temporary Protection program was valid for only twelve months, the first set of permissions was set to expire on March 9, 2023. Under the terms of the announcement, the Temporary Protection program will be extended for an additional twelve months, to March 2024. Ireland’s move comes as the European Commission – the executive arm of the European Union – has extended its own Temporary Protection Directive through at least March 4, 2024.
Continue Reading Ireland Extends Temporary Protections for Ukrainian Nationals
Effective December 23, 2022, the Spanish government has introduced a new visa category to allow so-called “digital nomads” to work in Spain for companies located abroad. Part of a larger “Startups Law” aimed at encouraging an entrepreneurial business environment, the new visa category will enable foreign nationals to live and work in the country without obtaining sponsorship from a Spanish employer. With the introduction of the new visa category, Spain joins several other countries – including Italy, Romania, Iceland, and the United Arab Emirates – in seeking to attract an increasingly mobile class of global talent through digital nomad visas.
As 2022 draws to a close, the New Zealand government has announced a variety of immigration updates that affect foreign nationals’ work authorization and employers’ accreditation status. These updates include a new online application process for the Skilled Migrant Category (SMC), simplifications in the variation process for holders of Accredited Employer Work Visas (AEWVs) and Essential Skills Work Visas (ESWVs), automatic extensions for certain employer accreditations, and streamlined processes to enable Critical Purpose Visitor Visa holders to obtain Specific Purpose visas while staying in their current role.
Continue Reading New Zealand Implements Notable Immigration Updates