2009 Yearbook of Immigration Statistics Released

The Department of Homeland Security’s (DHS) Office of Immigration Statistics has released the 2009 Yearbook of Immigration Statistics (pdf). The Yearbook provides statistical data on U.S. immigration, specifically:

  • Nonimmigrant Admissions: The number of foreign nationals admitted to the United States on a temporary basis, e.g., as tourists, students, business visitors, or temporary workers. Notably, the number of admissions based on H-1B status (temporary workers in specialty occupations) has decreased from a peak of 461,730 in 2007, down to 409,619 in 2008 and 339,243 in 2009.
  • Legal Permanent Residents: The number of foreign nationals who became legal permanent residents.
  • Refugees and Asylees: The number of asylum or refugee status applicants.
  • Naturalization: How many foreign nationals became naturalized U.S. citizens.
  • Enforcement Actions: What enforcement actions were taken by DHS, including apprehension of illegal aliens, removals and prosecutions.

India Further Clarifies Work-Related Visa Requirements

Flag of IndiaIndia’s Ministry of Home Affairs has released a new Frequently Asked Questions (FAQ) (pdf) concerning work-related visas. As previously discussed, the Ministry issued a separate FAQ on the same subject – business visas and employment visas – in October 2009. The most recent FAQ discusses 22 topics, including:

  • the differences between business visas and employment visas;
  • both visas’ eligibility criteria, duration, and required documentation;
  • whether a business visa can be converted to an employment visa, and vice versa;
  • which visas are required for Non-Governmental Organization workers; and
  • which visas can be issued to family members of visa holders.

U.S. Consular Offices in China to Open on Saturdays to Expedite Visa Process

The U.S. State Department announced that the U.S. Embassy in Beijing, and four other consular offices in other Chinese cities, will be open on Saturdays to accommodate Chinese nationals seeking to visit the United States. The extended hours are intended to decrease the wait time for visa appointments. Last year, 487,000 visas were issued to Chinese nationals, two-thirds of which were for business and tourism. For 2010, to date, the number of visa applications received is 28% higher than at this time last year.

Canada: Express Business Visas for Indian Citizens

In an effort to boost trade with India, Canada has announced a new visa scheme for business visitors from India, according to expressindia.com. The new scheme will offer multiple-entry visas to Indian citizens, and business visa applications will be cleared within 24 hours. Canada also intends to double the number of Indian students to whom visas will be awarded. The move comes as Canada and India finalize nuclear cooperation and investment protection agreements.

Companies Cutting Back on Overseas Assignments

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. 

Amended Regulations Foster Increased Contact with Cubans

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.

Canada-Peru Free Trade Agreement Affects Business Visitor Visa Procedures

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.

 

 

 

United Kingdom: Border Agency Announces Changes to Business Visitor Rules

The UK Border Agency has announced changes to the immigration rules for the following categories of business visitors:

  • Secondees;
  • Advisers, consultants, trainers, troubleshooters; and
  • Trainees.

Details of these changes are outlined in the immigration rules and the immigration directorate instructions.