Statement of Changes March 2022 – A Corporate Immigration Perspective

The UK government released a “Statement of Changes to the Immigration Rules” on March 15, 2022. The government believes these changes to be an important part of their post-COVID “Plan for Growth.” The changes are also being implemented with the intention of simplifying the UK immigration system. Further simplified rules will be published later this year, with the government intending to consolidate the Immigration Rules in 2023. The changes will take effect on various dates starting on April 6, 2022.

For the full alert, visit the Faegre Drinker website.

Immigration Update: Europe’s Approach to Ukrainian Refugees

The Russia/Ukraine conflict has resulted in an exodus of refugees from Ukraine on a level which has not been experienced in Europe since World War II. Currently, close to three million refugees have fled Ukraine and some experts anticipate this number will increase to four to seven million. Countries are taking differing approaches to opening their borders to Ukrainian refugees.

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Brazil Joins the Growing List of Countries Offering “Digital Nomad” Visas

The COVID-19 pandemic is causing many employers to reconsider the need for employees to return to the office in any capacity. At the same time, many employees have requested to work remotely from other countries. This presents potential tax (both corporate and individual), permanent establishment, and immigration issues. In response, as of the beginning of 2022, over 20 countries are now taking a dynamic approach to these changes and have introduced “digital nomad” visas that allow individuals to live in the respective country while working for a company that has no presence there.

Brazil has joined this growing number of countries that are offering digital nomad visas, issuing the long-awaited Resolution No. 45. Resolution No. 45 allows non-Brazilian workers to apply for visas that allow them to work in Brazil as digital nomads for up to 90 days during a 180-day period, or up to 180 days in a one-year period. Such visas will be valid for up to one year and will be eligible for renewal for another year. The maximum period a worker may remain in the country pursuant to Resolution No. 45 depends upon the worker’s nationality.

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U.K. Immigration 101

There are various types of visas for the United Kingdom. Designed for different purposes and lengths of stay, U.K. visas are available under many categories — each with its own unique eligibility requirements. To de-mystify the multitude of visa options, this primer gives a high-level overview of some of the key immigration categories that allow individuals to enter the U.K.

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U.S. Restricts Entry of Chinese Students and Researchers

On May 29, 2020, President Trump issued an executive order suspending the admission of Chinese nationals seeking entry to the U.S. with F-1 or J-1 visas if those visa holders have been affiliated with certain institutions tied to the Chinese military.

The order, which went into effect June 1, 2020 at 12:00 p.m. eastern daylight time, focuses primarily on the entry of Chinese nationals with J-1 or F-1 visas, meaning individuals not currently in the U.S. The order gives discretion to the Secretary of State and the Secretary of Homeland Security to implement the order. This affects Chinese nationals who receive funding from, are now or were previously employed by, currently study or previously studied at, or currently conduct research at or on behalf of or previously conducted research at or on behalf of an institution that supports China’s “military-civil fusion strategy” who a) are seeking to apply at a U.S. embassy or consulate for an F-1 or J-1 visa stamp, or b) already have a valid F-1 or J-1 visa stamp, are outside the U.S., and are seeking to enter the U.S. with that visa.

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Business Immigration and Coronavirus: Latest Announcements from USCIS and DOL

U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE) and the Department of Labor (DOL) sent a flurry of operational updates late last week. These updates include a suspension of premium processing for FY2021 H-1B cap petitions, which was quickly followed by a suspension of premium processing for Form I-129 nonimmigrant visa petitions (H-1B, L-1, TN, O-1 and more work visas) and I-140 immigrant visa petitions. USCIS also sent an announcement relaxing certain “wet” original signatures on forms and an update relaxing some I-9 requirements.

For the full alert, visit the Faegre Drinker website.