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The Sunday Business Post reports that Ireland may require all non-EU citizens traveling to Ireland for periods of several months or longer to obtain a visa. Currently, Ireland designates countries as either “visa required” or “non-visa required,” regardless of the proposed length of stay. The proposal comes amidst concerns that student visas and other types of visas are being used to gain back-door access to Ireland’s labor market.

Beginning January 1, 2011, Ireland plans to require a visa for students staying more than three months. Under the proposal, the Irish Naturalisation and Immigration Service seeks to introduce a visa requirement more in line with other countries’ immigration practices. In the interim, analysis will be conducted to determine whether certain countries will be exempted and whether long-stay visitors will need visas. The proposal will not be implemented until the government is confident that changes will not adversely impact visa processing times.

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The Department of Justice (DOJ) has awarded $723,000 in grants to various groups nationwide to help combat immigration-related employment discrimination. These grants, administered by the DOJ’s Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), will range from $48,000 to $87,000 for each of the 12 named recipients. Read the full story on Littler's Washington DC Employment Law Update blog.

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The UK Border Agency has announced that immigration applicants may now book appointments online under the following circumstances: 

• an applicant may submit a “premium application” (for a higher fee) to receive a same-day decision during an in-person appointment at a public enquiry office; or
• an applicant who submitted an application by mail but needs to provide biometric information at either a public enquiry office or biometric enrollment center.

Family groups of 11 or more applying collectively must use the telephone booking service to schedule appointments. The telephone booking service will remain operative for individuals without internet access and for those who prefer to call.

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The UK Border Agency confirmed that, beginning October 5, 2009, Tier 4 education sponsors can enter phase 3, a voluntary trial period under the UK’s points-based immigration system. During the trial period, sponsors are permitted to issue potential students visa letters while transitioning to using the sponsorship system to issue confirmations of acceptance for studies.

From October 5, 2009, to February 2010, sponsors can issue confirmations, visa letters, or both to potential students applying from within the United Kingdom. Applicants from outside the United Kingdom will still have to apply with a visa letter until February 2010.

Confirmations of acceptance for studies will become mandatory in February 2010.

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The US Department of State announced that from October 2, 2009, to November 30, 2009, individuals may register online to enter the diversity visa lottery.

The Diversity Immigrant Visa Program permits 50,000 diversity visas to be issued annually. To be eligible, applicants must possess:

• a high school education, or its equivalent; or
• two years of work experience, in a profession requiring at least two years’ training or experience, during the past five years.

Under the program, a computer randomly selects qualified applicants from countries with low rates of immigration to the United States. Lottery entrants, if selected, will be notified between May and July of 2010.

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The New York Times reports that, in order to cut costs, companies have been sending fewer employees on long-term overseas assignments. However, short-term assignments, which last from several months to a year, have increased in popularity over the past eight years.

Although shorter assignments are more cost effective, companies face an increased risk of violating immigration and tax laws in the host country, and the consequent deportation of its employees or closure of its business. The article cites a KPMG report which found it difficult for companies to meet their compliance obligations because employees on extended business travel frequently move between multiple locations and have unpredictable schedules.

Notwithstanding the résumé value derived from overseas assignments, employees often find it difficult to accept short-term overseas assignments because prior commitments (school, mortgages, etc.) prevent the entire family from moving abroad. Other negatives include the increased expense incurred for communications, and the additional burdens placed on the non-traveling partner for managing household and childcare responsibilities. 

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An American Federation of Teachers (AFT) report (PDF) found that some U.S. school districts have looked overseas to staff positions in schools that they find difficult to fill. As reported by the New York Times, the AFT report, based on government data, estimated that 19,000 foreign teachers worked in the U.S. on temporary visas in 2007.

To secure positions, foreign teachers have used recruiting firms, sometimes paying recruiters between $5,000 and $8,000, in addition to other costs which they bear personally. Many are placed in inner-city or very rural schools to teach math, science and special education. According to the report, Maryland, New York, Georgia, Texas and California attract the highest number of foreign teacher visa applicants.

Although the AFT report was critical of districts recruiting foreign teachers, school administrators found that these individuals improved schools. Moreover, administrators noted that programs like Teach for America are providing an employee pool from which to draw qualified applicants to teach in needed schools, thereby reducing the need to employ foreign teachers.

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Health certificates authenticating that individuals are free of the H1N1 virus will be required for visitors to the United Arab Emirates (UAE) who are performing Haj, the annual Muslim pilgrimage to Mecca in Saudi Arabia. According to a Khaleej Times article, the certificate will be “issued by accredited government health providers, not private health facilities, to guarantee greater accuracy in medical examination.” The UAE will not permit pilgrims to travel to Saudi Arabia without the certificate.

In addition:

• the certificate will be signed by the doctor to ensure accuracy;
• an e-system will be used to prevent fraud; and
• screening for chronic diseases that impact immune systems will be conducted, with the goal of protecting pilgrims from diseases.

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USCIS has released a “Supplemental Guide for Federal Contractors” (PDF) regarding the E-Verify program. The guide contains information concerning:

• applicable regulations;
• instructions on verifying new and existing employees via Form I-9;
• E-Verify enrollment and participation as a federal contractor;
• exemptions and exceptions for qualifying contractors; subcontractors, independent contractors and affiliates;
• enrollment instructions for organizations that qualify for exceptions;
• enrollment instructions for contractors not yet enrolled in E-Verify; and
• instructions for contractors already enrolled in E-Verify.

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The U.S. State Department has announced a travel alert for India. U.S. citizens visiting or living in India are cautioned about possible terrorist attacks throughout India during the country’s current holiday season which also coincides with the anniversary of the September 11th attacks. It has been less than one year since the Mumbai attacks in which hotels and other public places were targeted.

Accordingly, U.S. citizens are advised to:

• be aware of local surroundings;
• maintain a low profile;
• monitor local news reports;
• consider the security level of venues before visiting them; and
• register with the nearest U.S. Embassy or Consulate via the State Department’s website. Those without internet access can register directly at any of the five diplomatic offices.

The travel alert will expire on October 30, 2009.

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Australia has amended the requirements for its subclass 457 visa (Temporary Business – Long Stay) for the stated purpose of preventing exploitation of foreign workers and ensuring that they are not brought in to undercut national wages. Subclass 457 visas are the most commonly used visa for sponsoring foreign workers in Australia. The visas can be valid for a period between three months and four years.

Under the amended rules, employers sponsoring foreign employees on subclass 457 visas are required to pay the market rate for the position. Employers currently paying below the market salary rate to existing subclass 457 visa holders will have until January 1, 2010 to commence paying market rates.

Where an Australian national occupies a similar position, a foreign worker’s rate will be based on that employee’s salary, benefits, etc. Where no equivalent Australian employee exists, employers must review outside collective agreements, salaries, etc. to establish the market rate.

In addition, if an employee’s salary is $180,000 AUD ($155,275 USD) or more, the employer will be exempt from the market rate requirement. Also, subclass 457 visas will not be issued for positions with salaries below $45,220 AUD ($39,008 USD).

Previous significant changes to the 457 visa were made in April; specifically:

• An increased English language requirement for trade occupations and chefs;
• The introduction of formal skills assessments for all trade occupation applicants from countries that are not considered low-risk;
• A requirement that employers attest to a strong record of, and commitment to, employing local labor and non-discriminatory employment practices;
• The development of formal training benchmarks for sponsors; and
• A requirement that labor agreements be in place for ASCO (Australian Standard Classification of Occupations) five to seven occupations.

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Human Resources and Skills Development Canada (HRSDC) announced that it will no longer issue labor market opinions (LMOs) without expiration dates. This ensures that current labor market conditions are accurately assessed upon issuance.

In May 2009, HRSDC mandated that LMOs submitted with work permit applications would only be valid for six months. LMOs submitted after the expiration date will not be considered and those applications will be returned as incomplete.

Live-in caregiver applications in Quebec are an exception. In these instances, applicants first apply for an LMO and then, upon receipt but before applying for a work permit, must apply for the certificat d’acceptation du Québec (CAQ). These LMOs will be valid for three months following a CAQ’s issuance.

The LMO expiration date is different from the LMO duration of employment or the work permit expiration period. The LMO expiration date determines whether an LMO is valid when the work permit application is submitted, whereas the LMO work duration represents the timeframe of work the employer had requested and which was approved by HRSDC. The duration of work permits remains at the discretion of Citizenship and Immigration Canada and Canada Border Services Agency. It should be noted that if an employer has specific timelines for a short employment opportunity, HRSDC/Service Canada may issue LMO confirmations that expire in under 6 months.

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The Migration Policy Institute released a report suggesting that migration flows, particularly illegal immigration, have decreased during the global economic downturn. The recession has impacted economic migration to major immigrant-receiving regions like the U.S. and U.K. Would-be migrants stayed put, and migrants remained in their adopted countries rather than return home, despite high unemployment rates.

Other findings by the report include:

• Remittances were generally down, although certain countries, like Bangladesh, saw an increase. Although this marginally impacted countries in which remittances account for only a minimal percentage of gross domestic product (GDP), countries that rely heavily on remittances were more seriously affected (e.g., remittances account for 0.2% of Turkey’s GDP but account for one third of Moldova’s GDP).
• The recession has greatly affected migrants’ financial well-being.
• Almost half of Eastern European immigrants who came to the U.K. in the middle of 2004 had returned home by the end of 2008.
• The inflow of Mexican nationals into the United States decreased by more than two-thirds between March 2004 and March 2009.
• Rates of unemployment for foreign-born workers in Spain rose to 28.4% during the first quarter of 2009, compared to 17.4% for native workers.

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In order to promote greater contact between separated family members in the United States and Cuba, and to increase the flow of information and remittances to the Cuban people, the Office of Foreign Assets Control (a division of the Treasury) has amended (PDF) the Cuban Assets Control Regulations. The amendments implement President Obama’s April 13, 2009, initiative and various provisions of the Omnibus Appropriations Act, 2009.

Amendments to the regulations, which were originally issued in 1963 through the Trading With the Enemy Act, include:

• Travel restrictions to Cuba have been relaxed so that qualifying family members can visit relatives in Cuba as often as they like.
• Visits by close relatives to U.S. Government employees assigned to Havana are now unlimited.
• With certain conditions, travel-related transactions that are directly related to commercial marketing, sales, negotiation, accompanied delivery, or servicing in Cuba of certain agricultural commodities, medicine, or medicinal devices have been authorized.
• Requirements concerning documentation required of Cuban nationals who live outside Cuba seeking a license to enter the United States will be examined more favorably. In instances when applicants cannot meet the evidentiary burden, the amendments allow for increased consideration of, and favorable licensing actions based upon, other evidence.

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With the rejection of an 11th–hour appeal, a Maryland district court judge has permitted the new E-verify requirements for federal contractors to become effective September 8, 2009. Federal agencies are now permitted to require federal contractors to use E-Verify to confirm the work eligibility status of their employees. 

For more information, see Littler's ASAP: Federal Contractors: Be Aware of New E-Verify Requirements in Contracts by Jorge R. Lopez, Joshua Roffman, Aimee Clark Todd and Russell C. Ford. 

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The Dallas Morning News reports that Homeland Security Secretary Janet Napolitano remains optimistic that Congress eventually will pass a bipartisan immigration-policy overhaul bill. However, because the White House and Congress are consumed with healthcare legislation, Napolitano could not predict when a bill would be introduced. Nevertheless, she believes the process will be less contentious than previous attempts during the Bush administration.

Napolitano stated that immigration legislation needs to focus on the following:

• Developing or strengthening penalties for employers that repeatedly hire illegal immigrants;
• Countering new tactics used by human traffickers and money launderers to exploit the border;
• Developing programs that allow seasonal workers to enter the U.S. legally; and
• Updating the visa process so that students with skills needed by the U.S. can remain in the country.

Napolitano expressed her opposition to amnesty, stating that she favors an approach allowing illegal immigrants to pay fines and taxes without incurring criminal liability.

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As reported by Daily Journal of Commerce, business groups have appealed the August 25 decision by a federal district court in Maryland upholding the E-Verify Federal Contractor Rule. As previously discussed, the rule is set to take effect on September 8, 2009. If government officials do not voluntarily postpone the effective date, lawyers for the business groups have indicated that they will ask the courts to do so.

Criticisms about E-Verify include:

• the system’s inability to support a large influx of users;
• the complicated nature of the system; and 
• a requirement that contractors who sign up for the system provide the government with access to their books at any time.

Others, however, contend that:

• the system is simple to use;
• an influx of government spending has improved the system; and
• the odds of being audited are probably minimal.

The E-Verify Federal Contractor Rule was created via an executive order by George W. Bush in June 2008 but the effective date was postponed until a new administration was sworn in. The Rule requires contractors receiving federal funds to verify that their employees can legally work in the United States.

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Canadian trade officials announced that the Canada-Peru Free Trade Agreement (CPFTA) became effective on August 1. In addition to addressing issues of trade, investment, and the environment, the CPFTA also details how immigration will be fostered between Canada and Peru.

Under the CFPTA, each country will issue temporary business visitor visas to qualified applicants. However, work permits can be denied when that person’s entry would adversely affect: 

• settlement of an ongoing labor dispute at the intended place of employment; or
• employment of a person involved in a dispute.

Additionally, the countries will:

• limit visa application fees for temporary entry of business persons; and
• issue decisions concerning business visa applications within 45 days of submission.

The countries have also agreed to exchange information concerning business visa requirements so that each could familiarize itself with the other’s policies and procedures. Furthermore, each country has agreed to collect, maintain and—upon request—distribute data pertaining to business visa programs as it relates to citizens of the partner nation.

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Examiner.com reports that under a new immigration law, applicants for residency in Costa Rica will need to demonstrate greater financial security. Those in the “pensionado” (retiree) category must prove they have a monthly government or private pension of at least $1,000 per month, up from $600 per month. The minimum income requirement for “rentista” (small investor) applicants has more than doubled, from $1,000 per month to $2,500. The law, which the Costa Rican Congress unanimously approved, is expected to take effect in early 2010.

The overhaul will particularly impact U.S. citizens, for whom Costa Rica has become the most popular Central American destination for a second home or a permanent relocation.

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The US Citizenship and Immigration Services (USCIS) announced on August 27 that the expiration date of the current version of the I-9 (Employment Eligibility Verification) form has been extended for three years, until August 31, 2012. This means that employers can use I-9 forms that have a revision date of either February 2, 2009, or August 7, 2009. The revision dates are printed in small type on the bottom right of the I-9 form.

As a reminder, employers generally must, within three business days of the date that a new employee begins working (on the first day of work for short-term employees), obtain a completed I-9 form and review original documents establishing the employee’s identity and authorization to work in the United States.

To obtain Form I-9 and the Handbook for Employers (PDF), visit www.uscis.gov/i-9. Forms may also be ordered by calling the USCIS toll-free forms line at (800) 870-3676. In addition, employers may use photocopies of the I-9 forms.

This entry was written by Patricia Haim.
 

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The Globe & Mail reports that the conservative-led Canadian government is expected to propose reforms to its refugee system in fall 2009. The reforms include adopting an application system that would fast-track asylum claims by individuals from countries generally considered safe. Under the current system, the Immigration and Refugee Board (IRB) is charged with hearing claims, issuing decisions and handling appeals. The reforms are aimed at expediting the process by allowing immigration officers to hear claims and issue decisions, leaving only appeals to the IRB. Canada has experienced an increase in asylum petitions, and seeks to curb unfounded claims while ensuring due process is afforded to qualified applicants.

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