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EIG Dispatch | December 2, 2016

December 2, 2016

HIGHLIGHTS

  • EIG Presents a Webinar on The Future of Employment-Based Immigration in a Trump Administration
  • The Netherlands Introduces New Permit Stream in Compliance with EU Intra-Corporate Transfer Directive
  • Canada Plans to Lift Visa Requirements for Mexican Nationals
  • Belgium to Increase Minimum Salary Requirement for Work Permit Holders

EIG Presents a Webinar on The Future of Employment-Based Immigration in a Trump Administration

On Dec 7, 2016 at 2:00 PM EST, EIG will present a webinar titled, The Future of Employment-Based Immigration in a Trump Administration. To register, click here: https://attendee.gotowebinar.com/register/7041284937654189828.

On January 20th, 2017, President-Elect Donald Trump will be sworn in as the 45th President of the United States. Donald Trump placed immigration at the forefront of his campaign for the White House. During his first 100 days in office, President-Elect Trump has pledged to cancel a number of President Obama’s executive actions on immigration, including the Deferred Action for Childhood Arrivals (DACA) program. He has also vowed to build a wall along the U.S.- Mexico border; suspend immigration from “terror prone” countries; institute “extreme vetting” of those who wish to come to the United States; and renegotiate the North America Free Trade Agreement, among other things. 

Now that he has been elected President, President-Elect Trump has begun giving shape to his immigration agenda, though much uncertainty remains regarding what actions a Trump Administration may take to alter current immigration policy and procedure. 

During this live webinar, immigration attorneys from Erickson Immigration Group will provide their post-election analysis and predictions on the potential impact of the election on U.S. immigration law and policy, in particular focusing on what changes may be on the horizon for high-skilled employment-based immigration in a Trump Administration. 

After registering, you will receive a confirmation email containing information about joining the webinar.


The Netherlands Introduces New Permit Stream in Compliance with EU Intra-Corporate Transfer Directive

As an update to our previous report, countries in the European Union (EU) are required to develop meaningful legislation adopting the EU Intra-Company Transfer (ICT) Directive. Effective this week, the Netherlands will be one of five countries, along with Spain, Romania, Hungary, and France, to implement the provisions of the EU ICT. The EU ICT Permit is designed to standardize ICT permits and to better allow multinational corporations to transfer non-EU nationals to affiliated entities in EU member states. The permit will effectively enhance mobility for workers between EU countries. 

The legislation adopted by the Netherlands provides for an EU ICT permit valid for up to three years for specialized workers and managers, and up to one year for other workers. The permit will allow workers to relocate to another EU country and work for up to 90 days (within a 180-day timeframe). Permit holders will not need to seek additional work authorization in the EU countries. Applicants eligible under the new permit will no longer be eligible for the Knowledge Migrant permits and instead will be required to apply for work and residence authorization in conjunction with the new ICT permit. The guiding factors for determining whether the EU ICT Permit is required over the Knowledge Migrant stream is whether the employee remains on a foreign employment contract and payroll, or whether the employee will be placed on a local Dutch employment contract and payroll. If the applicant will remain on foreign employment contact and payroll then the applicant must follow the ICT Permit rules, whereas if the applicant is placed on local Dutch contract and payroll, the Knowledge Migrant rules will continue to apply.

EIG will continue to monitor the progress of the new EU ICT Permit as application procedures continue to form and finalize.


Canada Plans to Lift Visa Requirements for Mexican Nationals

Beginning December 1, 2016, the Canadian government plans to lift the visa requirements for Mexican nationals seeking to visit Canada for short periods of time (Mexican nationals seeking to study or work in Canada will still be required to obtain proper visas for their purposes).

While a visa will no longer be required, Mexicans nationals will need to obtain an Electronic Travel Authorization (eTA) in order to visit Canada.  eTA applications are submitted online and cost only $7 CAD.  The application is linked to the applicant’s passport and will be valid for five years. For more information on Canada’s plan, please click here.

EIG will continue to monitor the progress of the new EU ICT Permit as application procedures continue to form and finalize.


Belgium to Increase Minimum Salary Requirement for Work Permit Holders

Belgium has announced that an increase in the minimum salary requirement for certain work permit holders will go into effect on January 1, 2017. The minimum annual salary for highly skilled foreign workers applying for type B work permits will increase to €40, 124 EUR (from €39,824 EUR in 2016). Further, the minimum annual salary for senior management and executive level foreign workers applying for of the same work permit will increase to €66,942 (from €66,442 EUR in 2016). Finally, the minimum annual salary for Blue Card applicants will increase to €51,822 EUR (from €51, 494 EUR in 2016).

In light of this new regulation, employers sponsoring the above mentioned permits on or after January 1, 2017 should carefully review the salaries of new and existing employees when applying for work permits and renewals to ensure compliance with the new requirements.