HIGHLIGHTS

• Poland Establishes New Requirements for the Secondment of Employees
• France Increases Minimum Salary for EU Blue Card Holders
• United Arab Emirates Discontinues “On-Hold” Procedure for Family Resident Visas
• The Netherlands Simplifies Residence Permit Requirements for Foreign Investors
• Highlights from the American Immigration Lawyers Association’s Annual Conference, June 22-25, 2016
  

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Poland Establishes New Requirements for the Secondment of Employees

Effective June 18, 2016, new legislation, in accordance with the European (EU) Directive No. 2014/67/EU, will apply to all employers of seconded workers in Poland. Under the new legislation, employers of seconded workers must provide a statement to the National Labor Inspectorate (PIP) no later than the day the assignment starts. This applies to both EU nationals and non-EU nationals and employees from either within the EU or outside the EU. Additionally, employers are required to:

• Keep records of certain documents related to an employee’s secondment to Poland. The documents must be available in Poland during the secondment and at least two (2) years after the end of the secondment.
• Provide documents translated into Polish within 5 working days of receipt of request from PIP. If the receipt of request is issued during the  two (2) years after the end of the secondment, the employer has 15 days to provide documents.
• Streamline protections for seconded employees such as working hours, holidays, and pay, with what is required for local Polish residents.
• Designate a resident in Poland who is authorized to access the documents and correspond with the PIP on the employer’s behalf.

Employers with current seconded employees should ensure that they are compliant with the regulations within three (3) months.

France Increases Minimum Salary for EU Blue Card Holders

Effective June 20, 2016, the French Government increased the minimum salary requirements for EU Blue Card holders. French Blue Card holders must now be paid at least €53,836 per year (previously €53,331) or €4486 per month (previously €4444) to qualify for the Blue Card.

United Arab Emirates Discontinues “On-Hold” Procedures for Family Resident Visas

Effective immediately, United Arab Emirates (UAE) immigration authorities will discontinue the process of allowing family members of principal visa holders to put their visas on hold when the principal visa holder changes employers and needs to apply for a new visa. The new regulation now requires family members to also cancel their visas and apply for new residence visas within 30 days of cancellation. Family members who remain in the UAE 30 days after the cancellation and do not apply for a new visa must leave the UAE or risk overstay fees.

The Netherlands Simplifies Residence Permit Requirements for Foreign Investors

Effective July 1, 2016, the Netherlands has simplified the  requirements for foreign investors to obtain residence permits.  Foreign nationals who invest at least €1.25 million will be able to obtain residence permits, allowing them to reside and work in the Netherlands. Notable changes to the residence permit process include the following:

• The visa duration has increased from 1 to 3 years.
• Foreign investors only need to satisfy 2 of the 3 below listed requirements:
  • The investment must contribute to innovation in a Dutch company or particular industry.
  • The investment must create at least 10 jobs within 5 years.
  • The investor must bring non-financial value such as social networks or specific knowledge.
• An auditor’s report is no longer required.

These simplified requirements should allow for more foreign investors to be eligible for residence permits.

Highlights from the American Immigration Lawyers Association’s Annual Conference, June 22-25, 2016

In late June, the American Immigration Lawyers Association (AILA) held its annual conference in Las Vegas, Nevada.  Representatives from government agencies reported on recent trends and developments. Below, please find a summary covering the most significant topics discussed at the conference.

U.S. Citizenship and Immigration Services (USCIS) announced slower processing times, especially with H-1B petitions.  Due to slow processing times, USCIS is prioritizing H-1B Cap cases where employees are receiving “cap gap” status and work authorization extensions through September 30, 2016.  Further, H-1B extensions are currently taking over 8 months to adjudicate.

As recently covered in our July 8, 2016 Dispatch, the U.S. Department of State reported there are extensive processing delays at the U.S. Embassy and U.S. Consulates in India.  Some wait times are up to 100 days.  Given the long wait times, EIG advises those requesting consular notification and visa stamping to plan in advance.  Further, there are discussions between the U.S. and India about opening an Indian Consulate in Seattle and a U.S. Consulate in Bangalore.

U.S. Department of Labor (DOL) announced an increase in PERM Labor Certification filings, which are taking 4 to 5 months to adjudicate.  Prevailing wage information are expected to continue to take approximately 10 weeks, and proposed PERM regulations are to be released shortly.  Additionally, DOL will publish an opportunity for notice and comment pertaining to charging fees for both PERM filings as well as prevailing wage requests.

As reported in our March 25, 2016 Dispatch, U.S. Customs and Border Protection (CBP) announced a new program called the Electronic Visa Information System (EVIS) for visa holders.  In the future, visa holders will be required to input information, such as biographic information, before entering the U.S.  In November 2016, CBP will test this program with Chinese nationals holding B-1 and B-2 visas.