Cross-border

New Directive Requires Single Work and Residence Permit for Non-EU Workers

By Sophie Maes of Claeys & Engels (the Belgium member of Ius Laboris)

EU Flag.jpgAn important new European Directive designed to facilitate migration of non-EU citizens was approved in December and has been officially published.

The legislation imposes significant obligations on EU member states in two respects:

  • a single procedure for non-EU migrants to apply for a combined work and residence permit; and
  • equal rights for third-country nationals working legally within the EU.

The Directive applies to all member states apart from Denmark, the United Kingdom and Ireland (which are specifically excluded).

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Immigration Update for the Week of November 28, 2011

Imm Roundup Image 134 by 131.jpgUnited States: House Clears Bill Eliminating Per-Country Employment Visa Caps
The House of Representatives voted overwhelmingly in favor of passing the Fairness for High-Skilled Immigrants Act, bipartisan legislation that would abolish the per-country numerical limits on employment-based immigrant visas. Read the full post here. (December 1)

United States: Fiscal Year 2012 Cap for H-1B Visa Petitions Reached on November 22, 2011
U.S. Citizenship and Immigration Services (USCIS) announced on November 23, 2011, that the statutory H-1B cap for FY 2012 had been met and that USCIS will reject any cap-subject petitions for new H-1B workers received after November 22, 2011, regardless of when they were postmarked. Read the full post here. (November 29)

Image credit: CDH Design

Tags: Migration

Immigration Update for the Week of November 14, 2011

Imm Roundup Image 134 by 131.jpgUnited States: President Obama Signs Legislation Allowing Issuance of the APEC Business Travel Card to Eligible U.S. Travelers
President Obama signed the APEC Business Travel Card (ABTC) Act, which will expedite travel in the Asia-Pacific region for qualified American travelers. Read the full post here. (November 17)

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Tags: Migration

Immigration Update for the Week of November 7, 2011

Imm Roundup Image 134 by 131.jpgUnited States: Effective Date Approaches for Key Provisions of Alabama Immigration Legislation
A recent federal court decision has halted implementation of certain provisions of Alabama's HB 56, but the central requirement that employers use E-Verify remains intact and on schedule. Read the Littler ASAP here. (November 11)

United States: DHS Extends Temporary Protected Status for Hondurans and Nicaraguans
The Department of Homeland Security has announced an extension of Temporary Protected Status for eligible nationals of Honduras and Nicaragua for an additional 18 months, beginning January 6, 2012, and ending July 5, 2013. Read the full post here. (November 10)

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Tags: Migration

Immigration Update for the Week of October 10, 2011

Imm Roundup Image 134 by 131.jpgUnited States: USCIS Releases FY 2012 H-1B Visa Petition Numbers Updates as of October 7, 2011
United States Citizenship and Immigration Services released updated H-1B visa petition numbers for Fiscal Year 2012, as of October 7, 2011. Read the full post here. (October 14)

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Tags: Migration

Immigration Update for the Week of September 26, 2011

Imm Roundup Image 134 by 131.jpgUnited States: Federal Judge Enjoins Portions of Alabama Immigration Law, With No Effect on E-Verify Provisions
A federal judge issued a ruling on a motion for preliminary injunction in the lawsuit filed by the U.S. Department of Justice against the State of Alabama challenging its recently enacted immigration law, House Bill 56. Read the full post here. (September 30)

United States: Report Tracks Prevalence of Unauthorized Work by H-1B Visa Holders
In its September 2011 Audit Report, the Social Security Administration's Office of the Inspector General set out to assess whether H-1B workers were properly using their Social Security numbers. Read the full post here. (September 27)

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Tags: Migration

Immigration Update for the Week of September 19, 2011

Imm Roundup Image 134 by 131.jpgUnited States: Transitional Worker Classification Established in Northern Mariana Islands
U.S. Citizenship and Immigration Services has published a final rule establishing a Transitional Worker classification for workers in the Commonwealth of the Northern Mariana Islands. Read the full post here. (September 20)

United States: State Department Releases October 2011 Visa Bulletin
The U.S. Department of State has released the October 2011 Visa Bulletin, which summarizes visa availability. Read the full post here. (September 20)

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Tags: Migration

Immigration Update for the Week of September 12, 2011

Imm Roundup Image 134 by 131.jpgUnited States: California Bill Would Prohibit Mandatory E-Verify
The California State Senate has passed the Employment Acceleration Act of 2011, which prohibits the state, counties, cities and special districts from mandating that employers use an electronic employment verification program, with limited exceptions. Read the full post here. (September 16)

United States: Rep. Smith Calls on President Obama to Include E-Verify in Jobs Bill
Representative Lamar Smith (R-TX) has called on President Obama to include in the American Jobs Act a provision mandating that employers use E-Verify, the electronic employment authorization program. Read the full post here. (September 15)

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Tags: Migration

Immigration Update for the Week of September 5, 2011

Imm Roundup Image 134 by 131.jpgUnited States: Social Security Numbers Now Being Assigned Randomly
The Social Security Administration has started using a new process for assigning Social Security Numbers (SSNs): randomization. This change is designed to extend the longevity of the nine-digit SSN and enhance identity protection. Read the full post here. (September 8)

United States: USCIS Offers Free Webinars on Form I-9, E-Verify
Throughout September, U.S. Citizenship and Immigration Services will offer free webinars, covering Form-I-9, E-Verify and E-Verify Self Check. Read the full post here. (September 8)

United States: USCIS Transitioning to Electronic Case Management System
U.S. Citizenship and Immigration Services will be transitioning from a paper-file-based systems environment to an "electronic customer-focused, centralized case management environment for benefit processing." Read the full post here. (September 6)

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Tags: Migration

Immigration Update for the Week of August 29, 2011

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United States: USCIS Policy Memorandum Addresses B-2 Status for "Household Members" of Nonimmigrant Visa Holders
The Policy Memorandum to staff addresses the ability of nonimmigrants regularly residing in the same dwelling as a principal nonimmigrant to seek B-2 visas, or change their status to B-2 (nonimmigrant visitor). Read the full post here. (September 4)

United States: USCIS Releases Updated FY 2012 H-1B Visa Petition Numbers
United States Citizenship and Immigration Services has released updated H-1B visa petition numbers for Financial Year 2012, as of August 26, 2011. Read the full post here. (September 2)

United States: Federal Judge Temporarily Enjoins Enforcement of Alabama Immigration Law
Alabama's recently enacted immigration law, set to take effect September 1, was temporarily enjoined by a federal judge and will remain so until the court enters its ruling on the preliminary injunction or September 29, whichever comes first. Read the full post here. (August 30)

Image credit: CDH Design

Tags: Migration