Category: Immigration Rules

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Global Mobility Global Relocation Tips Immigration Rules Visas and International Travel

HR Teams Should Prepare for FY 2019 H-1B Visa Lottery Opening on April 2, 2018

HR Teams Should Prepare for FY 2019 H-1B Visa Lottery Opening on April 2, 2018

H-1B Visa Lottery: Many US employers relying on foreign national talent to fill highly technical positions offer H-1B visa sponsorship to prospective employees. Hundreds of thousands of applications are submitted each year, but only 85,000 petitions are accepted due to the government cap on H-1B visas. For FY 2018, 199,000 applications were submitted. The cutoff date for applications submitted to the lottery is not defined, so unprepared employers might miss the cap and not be able to fill their position.

Thousands of employers who miss the cutoff must wait until next year’s lottery or consider an alternative visa for the foreign national, subject to qualification. The cap for FY 2018 was reached in four days, indicating the importance of submitting applications for the H-1B cap-subject visas as soon as the lottery opens.

What does this mean for you?

As the FY 2018 process has shown, unprepared HR teams thinking they had seven days to file were not given the opportunity to hire the foreign national employee they hoped to sponsor. With issues such as prevailing wages, Labor Condition Applications (LCAs), and possible site visits, the process should start as soon as possible so HR teams can submit applications at the start of the lottery.

Where can you get started with the H-1B Visa Lottery?

Global Mobility Solutions has a team of global relocation experts who can help you with the H-1B Visa Lottery process. Our team’s knowledge and access to visa and immigration resources is unparalleled in the industry, and we have helped thousands of companies with visa processes to reach successful results.

Conclusion

Global Mobility Solutions’ team of global relocation experts can help HR teams prepare for the FY 2019 H-1B Visa Lottery. Contact us online or give us a call at 800.617.1904 or 480.922.0700 today to learn about our extensive range of industry-leading resources for global relocation.

Request your complimentary Visa Program Assessment

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Global Relocation Global Relocation Tips Immigration Rules Visas and International Travel

Switzerland Enforces Quotas on Category B Permits for Persons from Romania and Bulgaria

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Switzerland enforces quotas on Category B Permits for persons from Romania and Bulgaria. This enforcement action is a result of the Federal Council’s decision to invoke a safeguard clause within the European Union’s Agreement on the Free Movement of Persons, which allows for restriction of movement to control migration. The quota enforcement began June 1, 2017 and will last for a period of twelve months. A total of 996 Category B Permits will be distributed on a quarterly basis. Category B Permits allow for five year residency.

Why Switzerland enforces quotas

Switzerland notes that Romanian and Bulgarian workers have been increasingly migrating for seasonal jobs in sectors with higher-than-average unemployment rates. The quota is one of the tools at the country’s disposal to control migration and mitigate adverse impacts.

What is the Switzerland quota?

Each quarter since June 1, 2017, the quota is 249 Category B Permits for workers from Romania and Bulgaria. With the quota enforcement, the number of Category B Permits has been exhausted each quarter. The third quarter, which started on December 1, has already exceeded its quota. The fourth quarter will release the last installment of 249 Category B Permits on March 1, 2018. Based on demand, the fourth quarter quota is expected to be reached only a few days after release.

Who does this impact?

  • Clients with transferees who are Romanian and Bulgarian citizens and who are planning to submit Category B Permit applications.
  • Clients who are planning to hire Romanian and Bulgarian citizens who are not currently in possession of a Switzerland work permit.

What does this mean for you?

Clients who have transferees planning to submit Category B Permit applications but who do not meet the quota limit may have other options such as Category L Permits, which are for short-term (one year) residency and are not subject to quotas. In any case, clients should ensure their transferees or new hires submit their Category B Permit applications as soon as possible at the start of each quarter.

Conclusion

Global Mobility Solutions’ team of global relocation experts can help HR teams understand and prepare as Switzerland enforces quotas on Category B Permits, as well as other visa, work permit, and immigration issues.

Contact us online or give us a call at 800.617.1904 or 480.922.0700 today.

Request your complimentary Visa Program Assessment

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Global Relocation Global Relocation Tips Immigration Rules Visas and International Travel

Shanghai China: Changes to Applications for China Working Visas and Working Permits

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The Shanghai Municipal Human Resources and Social Security Bureau has implemented several rule changes to the processes for obtaining China Working Visas and Work Permits. These changes should make the process easier and quicker for applicants.

Who Does This Affect?

  • Companies currently planning to send a transferee to China
  • Companies with transferring employees in the process of submitting applications for working visas and work permits

What are the Documents a Transferring Employee Needs to Have to Enter China?

A Working Visa is required to enter China for working purposes, and is valid for only 30 days. Upon entry, the Working Visa document must be replaced within 30 days by a Resident Permit, which allows foreigners to reside in China. A Resident Permit replaces the Working Visa on the transferring employee’s passport and allows them to remain in China legally, as well as travel abroad without any restrictions during their employment. A Foreigner’s Work Permit is a document that is delivered to the transferring employee after they have contacted and proceeded accordingly with the local Chinese authorities.

What are the Changes to the Process?

In April 2017, two previous types of Work Permits were combined into a single and unique Foreigner’s Work Permit. The Foreigner’s Work Permits are divided into three distinct categories: A, B, and C.

Foreigner’s Work Permit Categories

  • A: High-End Foreign Talents, professionals including scientists, science and technology leading talents, international entrepreneurs, special talents, and other foreign high-end talents urgently needed for economic and social development.
  • B: Foreign Professional Talents, in line with the Foreigners Employed in China Guide Catalog and the corresponding demands of economic and social development.
  • C: Other Foreigners, employed to meet the demand of the domestic labor market in line with the state policies and regulations.

The process changes work in tandem with China’s new Working Permits Points System, which allows applicants to apply online, a simple and quick process. In November 2017, further adjustments were made to the Working Permits Points System, along with a new segmentation of working areas in China.

What Does This Mean?

The new online application system should make the process simpler and easier for applicants to apply for China Working Visas and Work Permits. The Working Permits Points System is easy to understand and helps applicants quickly understand if they fall into one of the three distinct categories.

Conclusion

Global Mobility Solutions’ team of global relocation experts can help HR teams determine the best plan and course of action on how to submit applications for China Working Visas and Work Permits. Global Mobility Solutions can also help you pursue additional options if the Working Permits Points System is not viable for a transferring employee. Contact our experts online or give us a call at 800.617.1904 or 480.922.0700 today.

Request your complimentary Visa Program Assessment for China Working Visas and Work Permits

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Global Relocation Immigration Rules Visas and International Travel

United Kingdom Tier 2 General Visas for Migrants Exceed Monthly Quota in December

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London, England - Panoramic aerial skyline view of London including Tower Bridge with red double-decker bus, Tower of London, skyscrapers of Bank District and other famous skyscrapers at golden hour

The United Kingdom Home Office’s Visa and Immigration Bureau reports that Tier 2 General Visas for Migrants exceed the December 1,500 monthly quota, refusing over 100 applications. Most of these applications are eligible for re-submission in January, but the January quota will remain at 1,500, and the February quota will be 1,000.

Who Does This Affect?

What is the Process to Submit a Tier 2 General Visa for Migrants?

Companies must submit an application for RCoS by the fifth of each month. Applicants receive admission by way of a panel of judges. Those applying for occupations that are short of qualified employees, and those applying for jobs at the PhD level are usually the first priority.

Remaining applications receive priority based on salary level, with higher salaries taking preference. However, if a salary bracket receives 100 or more applicants beyond the number of places, all applications are refused, and must be resubmitted the following month.

What are the Monthly Quotas?

Each annual quota is divided on a monthly basis, with higher figures set aside for months with the highest demand. If there are months where a balance remains, it rolls over and adds to the next month. Currently, the monthly quotas are as follows:

  • March: 2,200
  • April through August: 2,000
  • September through January: 1,500
  • February: 1,000

What Does This Mean?

Since the majority of December rejected applications will be re-submitted in January, there is a strong possibility that the applications will exceed January’s quota as well. Employers should plan accordingly, noting that transferees may not be able to accept relocation assignments in the United Kingdom until a later date.

Conclusion

Global Mobility Solutions’ team of global relocation experts can help HR teams determine the best plan and course of action on how to submit applications for RCoS in a timely manner, and how to respond if quota limits impact their relocation plans. Contact our experts online or give us a call at 800.617.1904 or 480.922.0700 today.

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Global Relocation Immigration Rules

Online Portal Form C Checkout is Mandatory in India for Landlords of Privately Owned Residences

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The Ministry of Home Affairs in India, through the Bureau of Immigration and the Local Foreigners Regional Registration Offices, is requiring landlords of privately owned residences to update the departure or checkout dates for foreign national guests and tenants via the Online Portal Form C.

What is the New Requirement regarding Online Portal Form C Checkout?

Currently, only hotels, guest houses, and serviced apartments have been required to report the departure or checkout of foreign national guests and tenants. The procedure is to enter the information into the Online Portal Form C, managed by the Bureau of Immigration.

The new requirement is that the landlords of privately owned residences must also now report the departure or checkout of foreign national guests and tenants, using the same Online Portal Form C. This affects all transferees and their family members residing in India staying in hotels, guest houses, rented properties, or privately owned residences.

What Does This Mean?

For transferees changing residences or leaving India that have been residing at privately owned residences, clients should ensure that their landlord completes the departure or checkout information using the Online Portal Form C as required.

Conclusion

Global Mobility Solutions’ team of global relocation experts can help HR teams communicate this new requirement and its impact on transferees and their family members residing in India. Contact our experts online or give us a call at 800.617.1904 or 480.922.0700 today.

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Global Relocation Immigration Rules Visas and International Travel

Changes to the United Kingdom Immigration Rules

Close up United Kingdom visa in passport

Employers with transferees in the United Kingdom should be aware that the Home Office published a Statement of Changes to the United Kingdom Immigration Rules on December 7, 2017. These changes might impact transferees and their family members in several ways. Most of the changes are scheduled to take effect starting on January 11, 2018.

What are the Changes to the United Kingdom Immigration Rules?

  1. Currently, Tier 4 General visa students must pass their courses before they are eligible to apply for a Tier 2 General visa. Starting on January 11, 2018, Tier 4 students will be able to pursue a Tier 2 General visa application immediately after they complete their studies.
  1. The rules regarding the relationships for partners of points-based system (PBS) migrants are changing to reflect similar wording used in the rules for spouses and settled migrants, at the time a dependent application is submitted. The wording on relationships is changing from “subsisting” to “genuine and subsisting” and may require evidence of co-habitation as is currently the case for the spousal rule.
  1. A new restriction limiting absences to 180 days per year for partners of Tier 2 General visa and other PBS migrants will apply to all new applications starting on January 11, 2018. Prior to this rule change, a dependent spouse of a Tier 2 General visa holder could spend most of their time outside of the country and still receive indefinite leave to remain in line with their partner.
  1. Currently, entry clearances are attached to a page in an applicant’s passport, also known as a visa. The rules are changing to allow an electronic version to be issued in place of the passport entry. This new electronic format is undergoing testing in a few locations prior to a full implementation.
  1. The total number of Tier 1 Exceptional Talent visas will double in number, from 1,000 to 2,000. These are allocated to the Designated Bodies, which in turn assign them to candidates they believe to be exceptionally talented in their respective fields. Additionally, expedited settlement will be made available to these Exceptional Talent migrants after three years, provided they meet all applicable criteria.
  1. The rules regarding Tier 1 Entrepreneur visa applications are changing to prevent funds or investments used by one applicant from being used by other applicants. This will prevent multiple Tier 1 Entrepreneur applicants from relying on the same funds to enter the United Kingdom. Also, a rule is being clarified to confirm that buying a business from a previous owner does not constitute a qualifying investment for Tier 1 Entrepreneur applicants.

What Does This Mean?

Employers should communicate these broad changes to the United Kingdom immigration rules immediately to transferees and their families. Those who might be impacted should receive guidance on appropriate actions to take regarding their specific circumstance.

Conclusion

Global Mobility Solutions’ team of global relocation experts can provide guidance and help HR teams communicate and understand the impact of these changes to United Kingdom immigration rules. Global Mobility Solutions can support your company, your transferees and their family members, and we can also help determine the best solution for their specific requirements. Contact us online or give us a call at 800.617.1904 or 480.922.0700 today.

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