Immigration updates

Japan

New resident status categories for foreign nationals
Nagashima Ohno & Tsunematsu
  • Japan
  • 02 August 2019

Two new resident status categories for foreign nationals were recently put in place in order to cope with Japan's labour shortage. The first of these new resident categories is the specified skills 1 category, which covers individuals who have a substantial degree of knowledge or skill in the 14 initial industrial fields that require additional labour. The second, the specified skills 2 category, covers individuals who have sufficient skills in the specified industrial fields.


Luxembourg

Status of British citizens living in Luxembourg post-Brexit
Castegnaro
  • Luxembourg
  • 22 February 2019

The Council of Government recently came to an agreement on the status of British citizens living in Luxembourg in the event that the United Kingdom leaves the European Union on 29 March 2019 without a withdrawal agreement. According to the statement, answers to questions concerning the situation of British nationals living in Luxembourg, as well as Luxembourg nationals living in the United Kingdom, are available online.


Malta

Residence and employment implications for British citizens in Malta following no-deal Brexit
  • Malta
  • 21 June 2019

In light of the continuous developments and ambiguity surrounding the Brexit negotiations, as well as the uncertainty facing British citizens who currently reside in EU member states, the Maltese government recently propagated regulations concerning the residence and employment rights which will be upheld for British citizens who already reside and work in Malta. The regulations are set to come into force in the event of a no-deal Brexit.


Switzerland

Contributed by Lenz & Staehelin
No deal? Post-Brexit admission of British nationals to Swiss labour market
  • Switzerland
  • 18 October 2019

The Agreement on Admission to the Labour Market for a Temporary Transitional Period following the Withdrawal of the United Kingdom from the European Union and the Free Movement of Persons will provide facilitated access to the labour market for British nationals in Switzerland and for Swiss nationals in the United Kingdom after Brexit. The agreement will serve as a transition regime in the event of a no-deal Brexit and would be entered into for a limited period until 31 December 2020.

Stricter language skill requirements for foreign nationals
  • Switzerland
  • 07 June 2019

The Foreign Nationals Act has been renamed the Foreign Nationals and Integration Act, with effect from 1 January 2019. The Foreign Nationals and Integration Act has revised the earlier provisions and introduced new ones to encourage and support foreign nationals' integration into Switzerland. Further, the act now includes provisions relating to the integration of non-EU nationals in Switzerland.

Post-Brexit free movement of persons between United Kingdom and Switzerland
  • Switzerland
  • 22 February 2019

In the event of a no-deal Brexit, British nationals who take up residence in Switzerland after 29 March 2019 would not benefit from any rights of protections currently granted under the Agreement on the Free Movement of Persons and would thus be considered non-EU nationals. Under Switzerland's ordinary immigration regime, non-EU nationals generally have no right to obtain a Swiss residence and work permit, and Swiss immigration authorities have wide discretionary power when reviewing permit applications.


USA

Contributed by Fakhoury Global Immigration
PERM: employers, representatives and agents
  • USA
  • 17 January 2020

Some employers have learned the hard way that the role of representatives and attorneys is clearly separated in the Programme Electronic Review Management (PERM) rule and that a violation of this rule may have serious consequences. Violators of the PERM rule will find their applications denied or worse, as there are several strategies to punish employers that act in bad faith.

USCIS proposes rule to increase filing fees: what employers need to know
  • USA
  • 20 December 2019

The US Citizenship and Immigration Services (USCIS) has proposed a rule to increase the filing fees for most of its applications and petitions for immigration benefits. Some of the provisions in the proposed rule to increase filing fees suggest that US employers or the public may pay the same or more money, but receive less service from the USCIS. US employers should plan and budget accordingly, monitor the movement of the rule through the rulemaking process and watch out for any possible litigation.

PERM: all about FLAG
  • USA
  • 29 November 2019

The Department of Labour has introduced its electronic review officers and launched its new online portal: the Foreign Labour Application Gateway (FLAG). The FLAG portal is not yet up and running for Programme Electronic Review Management applications, but is available for all labour condition, temporary H-2A and H-2B and prevailing wage applications.

Update on implementation of H-1B registration rule for employers filing H-1B cap-subject petitions for FY 2021
  • USA
  • 15 November 2019

In January 2019 the US Department of Homeland Security passed a rule that amended the regulations governing the H-1B cap-subject selection process. One of the biggest changes requires employers seeking to file an H-1B cap-subject petition to register the foreign national with the US Citizenship and Immigration Services online electronic registration system. This article sets out some of the items to be aware of with respect to the online electronic registration system for the upcoming H-1B cap season.

New presidential border security and immigration memorandum
  • USA
  • 17 May 2019

President Donald Trump has issued a memorandum to the attorney general and secretary of homeland security as a follow-up measure to a recent proclamation which declared a national emergency in order to address the security and humanitarian crisis at the US-Mexico border. The memorandum confirms that further steps should be proposed to enhance the integrity and efficiency of the existing asylum system.