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According to Maktoob Business, uncertainty remains two years after Oman enacted a law granting residency visas to foreign property owners, mainly because the law did not specify whether developers or the government would issue the visa. As a result, many foreign property owners have been unable to secure a residency visa. Instead, individuals who wish to remain in Oman for longer than one month must either secure a visa through their employer or renew a visitor’s visa on a monthly basis (which requires exiting Oman in order to apply for the visa).

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The Philippines has revised its guidelines for issuing alien employment permits (AEP), reports the Oman Tribune. The new rules require foreign workers—and domestic and foreign employers looking to employ them—to obtain an AEP. Individuals and companies can face a fine of $200 for every year that a foreign worker is employed without an AEP.

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Work permit quotas for 2009 in the Swiss Cantons of Aargau, Geneva, Vaud, Zug, and Zurich have been exhausted. As a result, employers may not sponsor one-year work permits for non-European Union (EU) foreign nationals or nationals of EU countries on assignment in these Cantons until 2010.

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The Department of Homeland Security (DHS) has awarded General Dynamics Information Technology a contract to assist with designing and producing DHS’s new Employment Authorization Document (EAD), according to PR Newswire. The EAD, a polycarbonate identification card said to be counterfeit-resistant, will be issued to immigrants who are authorized to work in the United States. General Dynamics will assist in developing the card’s design and security characteristics. Production will commence in 2010 after completion of the design phase.

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As reported by Business Standard, sources suggest that a new visa is being developed for Chinese nationals working on contract labor projects in India. The move comes in response to Indian laborers' concerns that many projects, particularly those financed and operated by Chinese companies, import Chinese labor instead of hiring locally, thereby negatively impacting the Indian workforce. Although details have yet to be released, the new visa would ostensibly set defined lengths of stay for Chinese laborers and only be issued for specific projects.

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Examiner.com reports that the U.S. Department of State will require Diversity Immigrant Visa Program (DV-2011) applicants to provide an email address. Previously, email addresses were optional. Although successful applicants will only be notified by mail, individuals who respond to official selection letters may be sent follow-up emails by the State Department, according to the DV-2011 instructions (pdf).

Photo credit: GDFL

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Khaleej Times reports that the United Arab Emirates is leveraging technology to expedite residency permit applications. Specifically, physical fitness test results, a requirement for new and renewed residency permits, are being delivered electronically by the Dubai Health Authority directly to the Dubai Naturalisation and Residency Department (DNRD). Previously, applicants had to manually retrieve and deliver the results. The new system notifies applicants via text message that their results have been delivered and that they should proceed to DNRD to complete further paperwork.

Officials estimate that the system can process 40,000 tests a month, with each result taking approximately five days to process. Nevertheless, applicants with an urgent need can apply for test results to be transferred within 24 hours.

Photo credit: Niklas Bildhauer

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As reported by Nextgov.com, a Government Accountability Office (GAO) report suggests that the Social Security Administration (SSA) will need to upgrade its information technology systems to handle future electronic information exchanges. Currently the system operates more than 800 data exchanges that allow SSA to send and receive electronic information to and from state and local partners. The data exchanges are used for processing and distributing Social Security payments and validating identities of driver’s license applicants.

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On Tuesday the Senate approved by a vote of 79-19 the conference report for the Department of Homeland Security Appropriations bill (H.R. 2892) that includes provisions extending the E-Verify employment verification system and other visa programs. The House approved the conference report on October 15.  Continue reading about this development on Littler's Washington D.C. Employment Law Update blog.
 

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South Africa might introduce a universal African visa for visitors attending FIFA’s World Cup in Johannesburg next year, according to Bua News. The visa, however, will require the approval of other African nations. Assuming enough support can be garnered, visa holders could travel to other participating African states during their visit to South Africa.

South Africa previously created an “events visa,” which was specifically introduced to ease the way for soccer fans planning to visit the country for the event. 

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Rep. Luis Gutierrez (D-IL), chair of the Congressional Hispanic Caucus Immigration Task Force, has outlined a set of core principles that he plans to include in a comprehensive immigration reform bill. In a press release issued October 13, Gutierrez stated:

We simply cannot wait any longer for a bill that keeps our families together, protects our workers and allows a pathway to legalization for those who have earned it. It is time we had a workable plan making its way through Congress that recognizes the vast contributions of immigrants to this country and that honors the American Dream. I am preparing such a plan, and will introduce it in the near future.

Continue reading about this development on Littler's Washington DC Employment Law Update blog.

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The New York Times reports that Chinese health officials will abolish mandatory testing for hepatitis B during medical exams given to prospective college students, factory workers and government employees. This policy change means that individuals who test positive for hepatitis B will no longer be automatically barred from classrooms and jobs. Experts contend that cancelling blood testing for employment and academic purposes will not cause the disease to spread.

The change, brought about by public pressure, is significant because 120 million people in China are estimated to be infected with hepatitis B. Infected individuals have been prohibited from attending medical school, securing teaching positions or filling jobs in the food production industry.

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The Business Standard reports that India’s Parliament is expected to propose legislation that will increase criminal penalties for human smuggling in an effort to curb exploitation of Indian workers abroad by recruiting agencies and employers. The proposed legislation is also intended to make the emigration process simple and transparent. Under the new law, recruiting agencies will be required to register with the Emigration Management Authority (EMA), a new body that will replace the Protector General of Emigrants. Moreover, recruiting agencies will be subject to periodic performance reviews and rated by the government. In addition, foreign employers in certain countries favored by Indians seeking employment abroad will need to be accredited before they can hire Indian nationals.

Photo Credit: Dhirad

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The UK Border Agency unveiled updated guidance notes for Tiers 1, 2 and 5 of its points-based immigration system. Significant changes include:

• The English language requirement has been eliminated for individuals switching in country from leave as a Business person to Tier 1 (Entrepreneur).
• "Representatives of overseas Businesses" has been added to the list of immigration routes from which it is possible to switch into Tier 2.
• The maximum 10% limit on share ownership no longer applies to Tier 2 (Intra-Company transfer) applications
• Tier 5 (Temporary Worker) applicants granted leave to enter for up to three months upon arrival in the UK will have their leave automatically lapse once they travel outside the Common Travel Area (UK, Republic of Ireland, the Isle of Man and the Channel Islands), thereby prohibiting automatic re-entry to the UK on the basis of their original grant of leave.

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Even with a considerable decrease in H-1B visa applications during the past year (nearly 20,000 visas remain available for 2009, whereas in 2008 over 163,000 applications were submitted within days of the entry period opening), issues surrounding the H-1B program remain very visible, so much so that Computerworld.com has issued a “10 top H-1B stories” list for fiscal year 2009. The following stories made the list:

1. The H-1B and L-1 Visa Reform Act of 2009. The bill would limit, to 50%, the percentage of visa holders a company could employ in its U.S. workforce.
2. Comprehensive Immigration Reform. Senator Charles Schumer (D-NY), chair of the Immigration, Refugees and Border Security subcommittee, is pushing for reform and supports the H-1B program. At a subcommittee hearing, former Fed Chairman Alan Greenspan spoke in favor of the H-1B visa.
3. TARP. Congress placed H-1B restrictions on banks receiving bailout money.
4. USCIS’s Increased Enforcement Efforts. Reports indicate that 20% of H-1B applications have problems, including fraud.
5. H-1B and Wages. A New York University / University of Pennsylvania study found evidence that H-1B workers reduced tech wages by as much as 6%.
6. The Recession. The economic downturn impacted the number of H-1B applications, particularly in the past few months.
7. Department of Justice Charges. The department filed complaints alleging H-1B fraud against a dozen individuals and companies, which some claim was the largest H-1B enforcement action ever taken by the federal government.
8. The Obama Administration. The President has appointed many H-1B supporters. Officials include IT industry leaders who benefit from the program and have argued for the end of H-1B visa restrictions.
9. Legal Challenges. Tech workers challenged President George W. Bush’s decision to extend (from 12 months to 29 months) the duration of student visas, alleging it created a vehicle to side-step H-1B restrictions.
10. The Shrinking IT Job Market. The H-1B visa program is central to the debate about the effects of globalization on the technology job market.

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The U.S. Department of State has issued instructions (pdf) on how to apply for the 2011 Diversity Immigrant Visa Program (DV-2011). This Congressionally mandated program makes available 50,000 diversity visas (DV) annually, drawn from random selection among all entries, to persons from countries with low rates of immigration to the United States and who meet strict eligibility requirements.

To enter the lottery, applicants must have:

• successfully completed a 12-year course of elementary and secondary education; or
• completed two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. The U.S. Department of Labor’s O*Net online database will be used to determine qualifying work experience.

Applications can be filed online only. (Required application information can be found in the above-referenced instructions.)

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The Department of Homeland Security (DHS) has published in the Federal Register a final rule rescinding the controversial “no-match” rule. The rule – which has been enjoined by a lawsuit filed in 2007 and therefore never implemented – created safe harbor procedures for employers that receive no-match letters from the Social Security Administration (SSA) or notice of suspect documents letters from the U.S. Immigration and Customs Enforcement (ICE) regarding their employees’ authorization to work in this country. Read the full story on Littler's Washington DC Employment Law Update blog.

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According to The Los Angeles Times, a legislative mandate that the United States Citizenship and Immigration Service (USCIS) be a self-sustaining agency may result in application fee increases. USCIS faces a $118-million deficit, partially due to decreased volume of applications. In Southern California alone, the number of citizenship applications in 2008 fell by more than 75% compared to 2007 (from 254,000 to 58,000). USCIS has requested $206 million from Congress to help offset the shortfall.

Officials claim the fee increase is necessary because a special congressional appropriation to help reduce application backlogs has run out. Immigrant advocates, however, contend that increased fees will deter legal immigrants from pursuing citizenship. Citizenship application fees were previously increased in 2007 (a 69% increase, bringing the total application cost to $675).

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Examiner.com reports that California’s legislature has passed a non-binding resolution condemning federal immigration policies, practices and enforcement. The resolution, drafted by California State Senator Gilbert Cedillo, urges Congress and President Obama to declare a moratorium on immigration policies and practices until comprehensive immigration reform is enacted.

Although the resolution has no legal effect, opponents contend that a moratorium would negatively impact public safety. Anti-immigration advocates assert that the resolution’s sentiment does not represent that of the majority of Californians and that illegal immigrants would benefit from the proposal.

The resolution notes the financial contributions of immigrants (documented as well as undocumented), while criticizing various actions such as employer audits and, particularly, the E-Verify system. 

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The UK Border Agency announced it is three months ahead of schedule in issuing identity cards to skilled migrants renewing their visas. Issuance of identity cards to Tier 2 skilled workers will begin January 2010, which will add 30,000 foreign nationals per year to the list of individuals assigned identity cards. Ninety thousand cards have been issued to date, mainly to students under Tier 4 and to individuals renewing marriage visas.

To provide foreign nationals with alternate and more accessible venues for submitting fingerprints, these services will be made available, on a trial basis, at 17 Crown post offices, beginning October 2009. Applicants must pay a fee of £8 if they choose this option (by contrast, no fee is required when submitting fingerprints at a UK Border Agency or Identity & Passport Service Office).

Identity cards for skilled migrants and temporary workers under Tiers 1 and 5, originally scheduled to commence in 2011, will begin in 2010. 

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