New p January 2017

PEREGRINE NEWS
Welcome to the Peregrine News digest for January 2017!

In January, we released some updates to the reporting capabilities of Immigo, our online global
immigration case management software, adding useful new fields and filters to case reports, fee and
invoice reports and issued document reports.

We also welcomed a new partner to our network. Pytheas, which offers immigration and relocation
services to any company that assigns personnel to Norway, has already begun reviewing the data we
have in Immiguru on Norwegian immigration and work authorisation processes.

Finally, we attended the Feria International Expat Meeting in Madrid.

Table of Contents
UNITED STATES WHITE HOUSE EXECUTIVE ORDERS: TRAVEL BAN FAQ 3
ISRAEL SEA (45-DAY WORK TRAVEL) AND 2017 GOVERNMENT FEES, MINIMUM SALARY AND PENSIONS
UPDATE 3
DENMARK BIOMETRICS REGISTRATION IN COPENHAGEN WILL REQUIRE AN APPOINTMENT; AND THE MINIMUM
SALARY THRESHOLD FOR THE PAY LIMIT SCHEME HAS INCREASED 4
AZERBAIJAN NEW ONLINE VISA SYSTEM IMMINENT 5
PHILIPPINES ALL ACR I-CARD HOLDING FOREIGN NATIONALS TO REPORT TO IMMIGRATION BEFORE 3 MARCH
2017 6
ISRAEL 2017 MINIMUM WAGE INCREASE FOR FOREIGN EXPERTS 7
ITALY NEW RULES FOR INTRA-COMPANY PERMITS IN FORCE 7
UNITED ARAB EMIRATES NEW "E-VISION" ONLINE APPLICATION SYSTEM FOR DEPENDENTS 9
HUNGARY EXPEDITED PERMIT PROCESSING FOR SERBIANS AND UKRAINIANS IN SHORTAGE OCCUPATIONS 10
PORTUGAL PORTUGUESE IMMIGRATION AUTHORITIES ON STRIKE 10
SWITZERLAND FREE MOVEMENT AGREEMENT EXTENDED TO CROATIANS 11
PERU RECENT CHANGES TO DOCUMENTATION REQUIREMENTS 12
PANAMA REDUCED VALIDITY FOR PROVISIONAL ID CARDS 12
VIETNAM CLARIFICATION ON ASSIGNMENT LETTERS 13
UNITED STATES NEW USCIS RULE AMENDING SEVERAL VISA PROGRAMS 13
BAHRAIN NEW VISAS INTRODUCED; VISA RULES CHANGED 17
UNITED KINGDOM 2017 ALLOCATION OF CERTIFICATES OF SPONSORSHIP 18
UNITED STATES EMPLOYERS MUST USE THE NEW FORM I-9 FROM 22 JANUARY 2017 18
ISRAEL UPCOMING PROGRAM TO ATTRACT HI-TECH WORKERS 19
SAUDI ARABIA JOB ADVERTISEMENT PERIOD EXTENDED TO 45 DAYS 19
HONG KONG PRE-ARRIVAL REGISTRATION REQUIRED FOR INDIAN NATIONALS 20
QATAR NEW SPONSORSHIP LAW TAKES EFFECT 21

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 UNITED STATES White
House Executive Orders:
Travel Ban FAQ
On Friday 27 January 2017, as expected,
President Trump signed an Executive Order
"Protecting the Nation from Terrorist Attacks
by Foreign Nations" that included a 90-day
ban on entry and visa issuance for citizens
of Syria, Iraq, Iran, Libya, Somalia, Sudan and
Yemen. It also included a 120-day "pause" in
refugee admissions.
As Customs and Border Patrol officials and
foreign and US airports work to implement
this Executive Order and various organisations
file lawsuits in the hope of reversing all or part
of this order, the situation is currently
evolving and changing rapidly.
Please read this FAQ from Maggio and Kattar,
updated on Monday 30 January 2017, and this
analysis by Littler, both published on Sunday
29 January 2017.
Action Items
Those intending to travel to the
United States who may be affected
by this Executive Order should
contact a US immigration attorney
for advice.
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ISRAEL SEA (45-Day Work
Travel) and 2017 Update
Waiting Period Between SEA (45-
Day Work Travel) Applications
The Ministry of Interior has clarified the
waiting period after SEA visa expiration until a
new SEA application can be submitted as
follows:
A company can apply for a new
SEA 45-day visa at the beginning
of a calendar year regardless of
the expiry date of the assignee's
visa from the previous year.
For example: an assignee who had a work visa
which expired late December 2016 may apply
for a new SEA 45-day visa for the period
starting 1 January 2017.
If an SEA visa begins in the
previous calendar year and
continues into the next year, it is
now possible to apply for the
remainder of the 45-day period
starting from 1 January.
For example: If the visa was valid from 15
December 2016 until 30 January 2017, it is
now possible to apply in January 2017 for up
to another 15 days, for a total of 45 days in
2017.
A company can apply for an SEA
visa at the beginning of the next
calendar year after a long-term B-
1 work visa has expired.
For example: A B-1 one-year work visa expired
in late December 2016: It is now possible to
apply for an SEA visa at the beginning of 2017.
 Background
Any productive work to be done
in Israel (including, but not limited
to: hands on tools, hands on job,
installation work, providing active
guidance, inspections,
management of work, repair
work, supervision or consultancy
etc.), regardless of the length of
stay or location of the payroll,
require a work visa prior to entry.
The SEA program allows for work
activities in Israel for up to 45
days total in a calendar year, with
expedited work permit approval.
The SEA permit applies only to
visa waiver nationals. Individuals
who are required to obtain visitor
visas at the Israeli consulate prior
to entry cannot apply for work
authorisation under the SEA
programme.
2017 Government Fees, Minimum
Salary and Pensions Payments
Minimum Salary
The Israeli minimum salary was increased to
5000 NIS from 4825 NIS effective 1 January
2017. Employees working under an SEA or
STEP visa must receive a gross monthly salary
of at least 5000 NIS. During January 2017, the
National Insurance Institute of Israel will
publish an updated average salary. The
prevailing wage for a one-year B-1 work visa is
double the average salary.
Pensions
The Israeli government has increased the
minimum mandatory payments for pensions
effective January 2017: Employee payments
will be 6%, compared to 5.75% in 2016, and
employer payments will be 6.5% instead of
6.25% in 2016.
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Government Fees
The Ministry of Interior has published
updated, slightly reduced government fees for
2017. Government fees effective 1 January
2017 for a B-1 work visa valid for more than
six months will be 9655 NIS (not including
submission fees to the Working Permit Unit).
Action Items
Note the new fees, minimum
salary and pension requirements,
and the clarification of the waiting
period between SEA (45-day work
visa) applications.
DENMARK Biometrics
Registration; and the
Minimum Salary Threshold
for the Pay Limit Scheme
From 7 February 2017, foreign nationals
applying for work and residence permits
under the Fast-Track Scheme must book an
appointment for registering their biometric
data at the Danish Agency of Recruitment and
Integration (SIRI) in Copenhagen.
Appointments can be scheduled online from
13 January 2017, and advance booking will
become mandatory from 7 February 2017.
In addition, the minimum gross annual pay to
qualify for the Pay Limit Scheme increased to
DKK 408,000 (up from DKK 400,000) from 1
January 2017.
Fast-Track Scheme
The Fast-track scheme enables certified
companies to hire highly qualified foreign
nationals on short notice without having to
wait for an application to be processed by the
Danish Agency for International Recruitment
 and Integration. An applicant for a work and
residence permit under the Fast-Track
Scheme can enter Denmark at any time and
apply from within Denmark if preferred.
The applicant can start work once they have
undergone certain checks in person at SIRI,
and submitted their biometric data. A meeting
is booked by following the link in the receipt
received when the online work and residence
permit application has been submitted. The
meeting can be booked to take place two
hours after the application has been
submitted at the earliest. The latest possible
booking to qualify for quick job start is 14
days from the date of submission.
If the checks show that all the conditions have
been fulfilled, a temporary permit
allowing the foreign national to start working
will be granted. The permit is valid until a
decision has been made regarding
the application for a residence and work
permit.
A foreign national can apply under the fast-
track scheme if he or she has been offered a
job by a certified company, and the job must
be either as a researcher or a highly-qualified
trainee, or for less than three months, or
qualify for the Pay Limit scheme.
Pay Limit Scheme
It is a condition under the Pay Limit scheme
that the foreign national has been offered a
job with a gross annual salary of no less than
DKK 408,000 (DKK 34,000 per month), up
from DKK 400,000 in 2016.
Action Items
Note that the minimum gross
annual salary to qualify under the
Pay Limit Scheme has increased to
DKK 408,000.
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From 7 February 2017, ensure
that applicants book an
appointment online for a
biometric registration
appointment in Copenhagen
within 14 days of submitting their
application for a work and
residence permit under the Fast-
Track scheme.
AZERBAIJAN New Online
Visa System Imminent
Effective 10 January 2017, the State Agency
on Public Services and Social Innovations
(ASAN Centres) will begin to process
electronic visitor visas through the new ASAN
Viza system.
How does the ASAN Viza system
work?
The e-visa will be issued for a period of stay of
30 days. Foreign nationals can apply for a new
e-visa only from outside Azerbaijan. The
expiry date of the applicants passport or
other travel document should be at least
three months later than the expiry date of the
e-visa.
The applicant must submit certain
information via the new Asan Viza web portal.
An e-visa will be issued within three business
days, so an e-visa application should be
submitted at least three working days before
the planned date of travel to Azerbaijan. The
consular fee for the e-visa will be USD 20.
Notification about issuance or cancellation of
the e-visa will be sent to the applicants e-mail
address. Once issued, the e-visa should be
printed by the applicant and presented
together with the passport (but not attached)
at the point of entry.
 Foreign nationals staying in Azerbaijan for
more than ten days should register with the
State Migration Service of the Republic of
Azerbaijan online or in person at regional
migration departments within ten days of
arriving in the country.
Who qualifies?
E-visas will be issued only to nationals of
countries listed here:
Albania, Algeria, Andorra, Argentina,
Australia, Austria, Belgium, Bosnia and
Herzegovina, Brazil, Brunei Darussalam,
Bulgaria, Canada, Chile, China, Costa Rica,
Croatia, Cuba, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Germany,
Greece, Guatemala, Holy See (Vatican),
Hungary, Iceland, India, Indonesia, Iran,
Ireland, Israel, Italy, Japan, Jordan, Kuwait,
Latvia, Liechtenstein, Lithuania, Luxembourg,
Macedonia, Malaysia, Malta, Mexico,
Monaco, Mongolia, Montenegro, Morocco,
Nepal, Netherlands, New Zealand, Norway,
Oman, Pakistan, Panama, Poland, Portugal,
Qatar, Republic of Korea, Romania, San
Marino, Saudi Arabia, Serbia, Singapore,
Slovakia, Slovenia, South Africa, Spain, Sri
Lanka, Sweden, Switzerland, Thailand, Turkey,
Turkmenistan, United Arab Emirates, United
Kingdom, United States of America, Vietnam.
Action Items
Qualifying nationals should take
advantage of the new online visa
application facility to avoid
visiting a consulate when applying
for a visitor visa for Azerbaijan.
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PHILIPPINES ACR I-Card
Holding Foreign Nationals
to Report by 3 March 2017
3 March 2017 is the deadline for foreign
nationals in the Philippines to report to the
immigration office to avoid being noted down
as undocumented aliens. The Annual Report
(AR) 2017 period began on 3 January 2017.
Who Needs to Report?
All foreign nationals holding Alien Certificate
of Registration I-Cards are required to report
annually, in person. Some examples are:
9(g) pre-arranged employees;
9(d) Treaty traders;
13(A) Permanent residence
immigrant visa holders. Foreign
nationals in the Philippines in an
ACR I-Card exempt category are
not required to report. Some
examples are:
47(a)2 visa holders;
Retirees;
Special non-immigrant and Article
60, EO 226 visas under Regional
Headquarters or Regional
Operating Headquarters. Note
that children aged below 14 or
adults aged 65 or over are not
required to attend the office in
person. The parent or legal
guardian of a child aged 13 years
or under must report on their
behalf.
Exemption from Appearance in
Person
A foreign national may be exempt from
personal appearance, provided that he or she
personally appeared in at least one of the
 2014, 2015 or 2016 Annual Reports with a
completed AR form; pays a fee of P500 for
non-appearance; presents an official receipt
of payment of the latest Annual Report fee,
along with a Special Power of Attorney (SPA)
with valid government-issued ID of their legal
representative, and a valid passport; and
undertakes to fulfil obligations (in the case of
foreign nationals with CA 613 and/or RA 562
related liabilities).
How to Report
Foreign nationals who are required to report
should attend either the main office in
Intramuros, Manila, or a regional office in
their area of residence, taking with them their
ACR I-Card and a confirmation number issued
via the AR 2017 online system (for foreign
nationals who failed to complete an AR 2014
form or an AR 2015/2016 online form). The
fee is PhP300 plus a legal research fee of
PhP10.
Penalties for Failure to Report
Currently, a delayed report will incur a penalty
of PHP 200 per month of delay.
Action Items
Ensure that foreign national
employees or assignees in the
Philippines fulfil the annual
reporting requirement (unless
exempt from holding the ACR I-
Card).
ISRAEL 2017 Minimum
Wage Increase for Foreign
Experts
Effective 1 January 2017, the new minimum
monthly prevailing wage for foreign national
peregrine: GLOBAL IMMIGRATION MADE SIMPLE
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experts holding B-1 work permits is now
19,086 NIS (up from 18,668 NIS in 2016).
The change does not affect experts holding a
working visa under SEA (Short Employment
Authorisation for 45 days) or STEP (Short
Term Expedited Process for up to 90 days)
categories.
Action Items
Employers must review the
salaries of their foreign national
employees in Israel to ensure
compliance with the new
minimum monthly prevailing
wage.
ITALY New Rules for
Intra-Company Permits In
Force
With the publication of Legislative Decree
253/2916, in effect from 11 January 2017 and
amending the Consolidated Act on
Immigration (Legislative Decree 286/1998),
Italy has finally implemented Directive
2014/66/EC of 15 May 2014 on the conditions
of entry and residence of third-country
nationals in the framework of an intra-
corporate transfer (the so-called ICT
Directive).
The decree introduces a new Intra-Company
Transfer (ICT) Permit.
New ICT permit
Who Is Affected?
The new provisions apply to third country
nationals temporarily seconded from a non-
EU employer to an Italian company of the
same group and who qualify as:
 Managers (dirigenti i.e. workers
in a senior position, directing the
host entity, supervising work of
other professional or managerial
employees etc.);
Specialists (i.e. workers
possessing specialised knowledge
essential to the host entity's areas
of activity, techniques or
management);
Trainees (graduated workers
transferred for career
development
purposes).Also, holders of ICT
work and residence permits
issued in other member states will
be able to work at a company of
the same group in Italy for up to
90 days by simply notifying their
presence. For stays of more than
90 days, an ICT work and
residence permit must be
obtained, but no work visa will be
required.
Main Features of the New ICT Permit
It allows both residence and work
in Italy;
It may be issued for a maximum
of three years for managers and
specialists and up to one year for
trainees;
At the expiry of the maximum ICT
permit validity period, a new
application can be filed only after
at least 3 months have passed;
The work permit application is
filed by the Italian host company;
Family members of ICT permit
holders qualify for a family permit
even if the assignment is for less
than one year;
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Holders of a valid Italian ICT
permit will be allowed, under
conditions, to temporarily
perform activities at an entity of
the same group established in
another EU member state.
Qualifying Criteria
The host entity established in Italy
and the employer established
outside the EU must be part of
the same company or group of
companies;
The employee must have been
working for the same company, or
for a company of the same group,
for at least three uninterrupted
months immediately preceding
the transfer.
After the assignment is finished
the worker shall return to another
part of the company or group
outside the EU.
The worker will hold a position as
manager, specialist or trainee for
which he or she qualified (if the
position is for a regulated
profession, this must be
recognised in Italy).
The employer must confirm its
commitment to complying with
the relevant social security
obligations in Italy, unless a social
security agreement applies.
Implementation
At present, the Italian immigration authority is
still shaping the application procedures. It is
still uncertain how the new application
procedure will work in practice. It is expected
that this will become clear in the coming days.
 The existing highly-skilled migrant program
remains in place with some variations.
Therefore, it is still possible to submit
applications under article 27(a) regulating the
intra-company work permit for
managers/highly skilled staff. The new
provisions overlap with that of the existing
highly-skilled migrant program. Therefore we
expect that the Immigration authority will
soon issue guidelines to clarify the differences
between the two procedures.
Background
Directive 2014/66/EC of 15 May 2014 on the
conditions of entry and residence of third-
country nationals in the framework of an
intra-corporate transfer aims to create a
consistent EU-wide system for non-EU
nationals sent on assignment within a group
of companies to EU Member States.
The deadline for EU Member States to
transpose this directive into their national
legislation was 29 November 2016. However,
Itay is only the seventh country to implement
the ICT directive so far. The United Kingdom,
Ireland and Denmark have opted out of the
directive.
Action Items
Non-EU employers intending to
send foreign nationals on intra-
company transfer to Italy, and
Italian employers intending to
host non-EU national intra-
company transferees, should
consult their immigration
provider for the latest updates on
the implantation of this new ICT
permit.
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UNITED ARAB EMIRATES
New "E-Vision" Online
Application System for
Dependents
Effective 25 December, all immigration
applications for dependent family members in
the United Arab Emirates (UAE) must be
submitted via "E-Vision", a new online
application system. Manual applications will
no longer be accepted.
What has changed?
Previously, family members had to apply for
dependent entry permits and residence
stamps in person at the immigration
authorities. Now the entry permit and
residence visa applications can be made
online through the new E-Vision portal.
The original Emirates ID and the International
Bank Account Number (IBAN) of the principal
applicant (sponsor of the dependent) are now
required for all dependent-related
immigration applications. The principals
Emirates ID can take up to three weeks to be
issued, delaying the initiation of any
dependent immigration applications.
The original passport of the dependent is still
required for the residence visa endorsement
stage, but this must now be submitted and
returned by via a government-accredited
courier. For urgent residence permit
endorsement, the original passport can be
brought to the immigration authorities in
person, and an extra charge must be paid.
Action Items
Employers of foreign nationals
bringing family members to UAE
should inform them of these
 changes, and of the possible delay Bulgaria introduced a simplified EU Blue Card
due to the new requirement to process for in-demand IT professions, with
submit the principals Emirates ID. additional benefits, to address a national
shortage of qualified specialists.

HUNGARY Expedited Action Items

Permit Processing for
Companies intending to employ
Serbians and Ukrainians in non-EU nationals in Hungary
Shortage Occupations should consider the benefits of
this expedited process for Serbian
To facilitate the immigration process for or Ukrainian nationals with
certain non-EU nationals with in-demand certain shortage skills.
skills, Hungary has introduced an expedited
single permit process.
PORTUGAL Portuguese
Who is it for? Immigration Authorities On
The expedited process is available for
nationals of neighbouring Serbia and Ukraine
Strike
whose occupation falls into any of the 37
A new strike inside the Portuguese
groups of jobs considered favoured and in
Immigration and Borders Service (SEF) is
demand under the current national
expected to begin in January with a total
occupational codes (FEOR codes). These are
duration of six months.
mostly blue collar, engineering and IT job
titles, and the list is updated regularly. Once the strike is officially announced, heavy
delays are expected in the following services:
It is thought likely that the process will be
extended to nationals of other non-EU
Analysis of Visa Requests;
countries in the future.
Scheduling Appointments;
Request Residence Permits;
Benefits
Renew Residence Permits;
The expedited process allows the Immigration
Request Residence Permits under
Authority to issue a Single Permit to qualifying
the Golden Visa Program.
applicants within two to three weeks, rather
than the fourteen weeks or more for the
standard process. Processing may, however,
Action Items
take longer than three weeks during
Expect major delays in visa and
implementation of the new process.
residence permit processing in
Background Portugal over the next six months.
The new process aims to relieve a significant
shortage of manpower caused by the flow of
Hungarians migrating to Western Europe for
better wages. A similar program in

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SWITZERLAND Free
Movement Agreement
Extended to Croatians
On 16 December 2016, the Swiss government
ratified Protocol III, extending the Agreement
on the Free Movement of Persons) to Croatia
from 1 January 2017. This means that
Croatians are entitled to work in Switzerland
under transitional provisions, similar to
nationals of the EU-8 countries (Czech
Republic, Estonia, Hungary, Latvia, Lithuania,
Poland, Slovakia and Slovenia) and EU-2
(Bulgaria, Romania) previously.
Transitional Arrangements
Quotas
There are specific quotas for Croatian
nationals wishing to live and work in
Switzerland. For the first year (until 31
December 2017) quotas of 543 L permits and
54 B permits have been determined.
Local Hires
To hire a Croatian national on a local
employment contract, a Swiss-based company
must still apply for a work permit and show
that prior search efforts in Switzerland to fill
the post have been unsuccessful. This also
applies to short term local employment under
three months. Online registration is not
available for this kind of employment.
This transitional phase will last until 31
December 2023. After this the free movement
of persons should apply, whereby the Swiss
government can make use of a safety clause
to regulate immigration if determined to be
excessive. After 31 December 2026, the full
freedom of movement should apply to
Croatian nationals, as it already does for older
EU member states.
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Assignees
Croatian nationals who are assigned from
Croatia to Switzerland for working stays up to
90 days per calendar year should be
registered online. The procedure is limited to
services provided in the general service
branches. Notifications need to be made eight
days before the first day of work.
During the transitional period, any Croatian
provider of services in the following
categories need to be in possession of a work
permit from the first day of work:
Structural and secondary contract
work;
Gardening and landscaping;
Cleaning work in companies;
Security services.
Do note that the online registration system is
not yet in operation. Until this is the case
(likely in March 2017), the registration can be
effected by submission of specific registration
forms.
Assignments over 90 days will require work
permit approval, as for other EU/EFTA
nationals on assignment.
Stays of over 120 days will require a permit
quota from the quotas reserved for EU/EFTA
nationals on assignment.
Action Items
Companies intending to hire or
assign Croatian nationals in
Switzerland should follow the
new transitional arrangements as
set out above.

PERU Recent Changes to
Documentation
Requirements
Effective 23 December 2016, certain changes
were made to supporting document
requirements for both Designated Worker
visas (temporary visas for assignees) and
residence visas for locally hired foreign
workers.
Designated Worker Visa
Employers preparing assignment letters for
foreign national employees assigned to Peru
must now request a duration of stay not
exceeding the duration of the service
agreement with the local Peruvian host
company.
Previously, the requested duration of
assignment could exceed the duration of the
service agreement. The maximum duration of
an assignment remains one year.
Local-Hire Work Visa
For authentication of the employment
contract of a foreign national hired locally by a
Peruvian company, if the contract is signed by
an individual other than the General Manager,
the immigration authorities will now accept a
notarised affidavit that the signatory is a legal
representative of the company and has the
authority to sign the contract on behalf of the
employer.
Previously, the Peruvian immigration office
required a legalised copy of the power of
attorney (Vigencia de Poder) of the legal
representative. No authentication document
is required if the contract is signed by the
General Manager of the Peruvian Company.
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Action Items
Employers sending foreign
nationals on assignment to Peru
should ensure that hey request a
duration of stay which does not
exceed the duration of the service
agreement with the Peruvian host
company.
Peruvian employers hiring foreign
national workers should ensure
that an employment contract
signed by anyone other than the
General Manager is supported by
an affidavit that the signatory is a
legal representative of the
company, rather than by a power
of attorney.
PANAMA Reduced
Validity for Provisional ID
Cards
On 28 December 2016, the Panamanian
government issued an executive decree that
reduced the validity period for provisional ID
cards from one year to six months.
A provisional ID card (carn de trmite) is
issued as a proof of status while a foreign
nationals residence visa is being processed.
The new validity period of six months should
still be long enough to cover residence visa
processing. There is no change to the validity
period of entry permits for tourist or visitor
visas.
Action Items
Foreign national employees in
Panama waiting for the issuance
of their residence visa should
expect to be issued a provisional
 ID card valid for six months,
rather than for one year as
previously.
VIETNAM Clarification on
Assignment Letters
The Vietnamese authorities have provided
further clarification on work permit
procedures, after issuing Circular 40 last
month, which provided guidelines on the
implementation of Decree 11.
Among the key points is a new rule that an
assignment letter supporting an intra-
company transfer must be issued by a
shareholder or an owner of the Vietnamese
host company.
Assignment Letters
Assignment letters for intra-company
transferees must now be issued by a
shareholder or owner of the Vietnamese host
company. Previously, assignment letters could
be issued by human resource offices not
necessarily related to the owners or
shareholders of the host company.
Quarterly Reporting
The immigration authorities have clarified
that the new quarterly foreign labour use
report must include any foreign experts or
managers who are staying in Vietnam for 30
day or less. Penalties for failing to submit
quarterly reports will range from one to two
million dong.
Action Items
Vietnamese companies hosting
foreign nationals on assignment in
Vietnam must ensure that
assignment letters are signed by a
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shareholder or owner of the
company.
Vietnamese host companies
should also ensure that all foreign
labour use is reported quarterly.
UNITED STATES New
USCIS Rule Amending
Several Visa Programs
United States Citizenship and Immigration
Services (USCIS) has recently announced
amendments to certain regulations to
improve US employers ability to recruit and
retain high-skilled personnel who have been
granted employment-based immigrant visas
and are waiting to become lawful permanent
residents.
The rule effectively improves the job mobility
process for those workers by allowing them to
accept promotions, change employers,
change positions with current employers, and
pursue other employment opportunities.
The Final Rule will take effect on 17 January
2017. Below is a summary of several key
components of the new rule.
New Grace Periods
H-1B and O-1 visa holders have
had the ability to obtain a visa ten
days before the initial
employment start date to allow
them to enter the US before
work. This Final Rule adds this
ten-day grace period to
individuals in E-1, E-2, E-3, L-1, TN
classifications.
The Final Rule also adds a ten-day
grace period at the end of the
authorised visa validity period for
 the above classifications, which
provides workers time to leave
the country or apply for extension
or change of position.
A new discretionary grace period
of up to 60 consecutive days, or
until the end of the relevant
authorised validity period
(whichever is shorter), is available
for H-1B, O-1, E-1, E-2, E-3, L-1
and TN classifications. It allows a
change of employer or status if
the employment ends prior to the
end of the petition validity period.
Note that there is no work authorisation
during these grace periods.
H-1B Visa Portability: Skilled
Professionals Changing Employers
The H-1B portability provision defined in the
Final Rule clarifies Department for Homeland
Security (DHS) regulations consistent with
prior policy guidelines.
The Final Rule:
Allows an H-1B worker to
commence employment with a
new H-1B employer as soon as
the new petition is filed, provided
certain criteria are met.
Allows H-1B employers to file
successive H-1B portability
petitions. For example: A foreign
national working for a second
employer based on portability
may be able to switch to third
employer if certain conditions
met.
Provides that the denial of a
successive portability petition
does not affect ability of the H-1B
worker to continue or resume
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working on a previously approved
petition if the petition remains
valid and the beneficiary has
maintained status or has been in
period of authorised stay.
Calculating Maximum H-1B
Admission Period
The Final Rule clarifies method for
recapturing time if the beneficiary has
previously been counted against the cap. Key
provisions include:
Time spent outside the US
exceeding 24 hours or more will
not count toward H-1B time of
admission regardless of whether
such time meaningfully interrupts
the H-1B workers stay in H-1B
Status and the reason for his or
her absence. This time may be
recaptured for subsequent H-1B
admission.
Confirms the petitioners burden
to present evidence of time
outside of US, and based on
evidence provided USCIS may
grant all, part or none of the time
requested.
If an H-1B worker was previously
counted against the H-1B
numerical cap and has been
outside the US for more than a
year, the petitioner may choose
to recapture time, if available, via
an H-1B petition.
H-1B Cap Exempt Employer Rules
Under the Final Rule, many employers who
would have otherwise been subject to the H-
1B cap will now be able qualify for cap
exemption. The most significant change
 relates to non-profit organisations which are
affiliated with universities.
Before, USCIS required an affiliation based on
shared ownership or control by the same
board or Federation. Where the non-profit
organisation was attached to a university,
USCIS required that the non-profit be a
member, branch, cooperative or subsidiary.
Now, cap-exemption may be approved in
cases where the non-profit entity has entered
into a formal written affiliation agreement
with an institution of higher education that
establishes an active working relationship
between the non-profit entity and the
institution of higher education for the
purposes of research or education, and a
fundamental activity of the non-profit entity is
to directly contribute to the research or
education mission of the institution of higher
education.
Whistleblowers Protection for H-1B
Workers
The Final Rule allows workers who are fired
for reporting on employers to make the
argument for extraordinary circumstances
for failure to maintain status and change
employers, or to change status, without
having to first leave the US.
H-1B Licensing Regulations
The Final Rule provides options in cases
where a state requires licensure for a job,
however licensure cannot be obtained by
an otherwise fully qualified H-1B worker
before they begin work in the US and
therefore, their failure to possess a licence
is simply due to their immigration status
and not for substantive reasons.
For example, licensure may require a social
security number, and the H-1B worker cannot
provide this until they have been admitted in
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H-1B status. In such cases, this provision may
allow temporary approval of an H-1B visa for
otherwise qualified workers that is valid for
one year as long as the H-1B worker has filed
an application for the licence.
AC-21 H-1B Extensions Beyond Six-
Year Limit
The Final Rule provides clarification on several
issues related to AC-21 one-year and three-
year H-1B extensions.
One-year extensions will now be
available to beneficiaries who are
not in the US;
One-year extensions will be
allowed when the petitioning
employer is not the employer that
submitted the labour certification
or I-140 petition serving as the
basis for the one-year extension
which allows the employee
greater job mobility during the
green card process;
Critically, the Final Rule
establishes a requirement that H-
1B extensions beyond the six-year
limitation will not be granted if
the beneficiary does not file for
adjustment of status or apply for
an immigrant visa (consular
processing) within one year of the
immigrant visa becoming
available.
The immigrant visa becomes available when
the relevant priority date becomes current
according to the final action date in the Visa
Bulletin. Should the immigrant visa numbers
retrogress during the one-year tolling period,
a new one-year period will begin once an
immigrant visa becomes available again.
 Green Card Portability
The Final Rule confirms the ability of an I-485
adjustment of status applicant, who is also the
beneficiary of an approved I-140 petition to
port the I-485 to the same or similar job at
another employer so long as the I-485 has
been pending for 180 days or more.
However, for the first time, USCIS is requiring,
under the Final Rule, that porting I-485
applicants complete Form I-485SJ
(Supplement J) with required supporting
documentation to demonstrate the new
employment meets portability
requirements. At this time, it is not entirely
clear when the Supplement J must be filed
we await further guidance from USCIS on this
issue.
The new rule clarifies that an I-485 applicant
may port even before the I-140 has been
approved, but USCIS confirms that approval of
the I-140 will be required in order for the I-
485 to be approved. Supplement J will not be
adjudicated before the I-140 has been
approved. The Final Rule also provides
guidance regarding the definition of same or
similar occupation.
Preserving I-140 petitions
The 180-Day Rule
Foreign national workers who are
beneficiaries of an employers petition on
their behalf for an employment based green
card (Form I-140 Immigrant Petition for Alien
Worker) may be subject to automatic
revocation of their green card application in
the event it is withdrawn by the employer, or
the employers business ends. However, the
Final Rule clarifies that the foreign national is
not subject to automatic revocation of the
Form I-140 submitted on the foreign
nationals behalf (EB-1, EB-2 or EB-3), if the I-
140 has been approved for at least 180
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days. In addition, automatic revocation does
not occur when the I-140 remains
unadjudicated, provided that the beneficiarys
I-485 has been pending for more than 180
days.
Employment Authorisation for Compelling
Circumstances
Foreign national workers with approved I-140
petitions whose priority dates arent current
and hold E-3, H-1B, H-1B1, L-1 or O-1 non-
immigrant status can apply for separate
employment authorisation for a limited
period under compelling circumstances at
the discretion of DHS.
The Final Rule does not define what would
constitute compelling circumstances but
simply states:
USCIS determines, as a matter of discretion,
that the principal beneficiary demonstrate
compelling circumstances that justify the
issuance of employment authorisation.
In the preamble to the Final Rule, DHS does,
however, provide examples of what may
constitute compelling circumstances, such as,
serious illness or disability, other substantial
harm and significant disruptions to the
employer.
The application for an Employment
Authorisation Document (EAD) can be
submitted at any time before the expiration of
the relevant non-immigrant status. EADs
granted under this provision will be limited to
one year and the worker will need to continue
to provide evidence of compelling
circumstances to renew the EAD.
Changes in EAD processing and
Extensions
The Final Rule provides some very important
changes and benefits to the EAD
 process. Some of the most important
provisions include:
Instead of the current 120-day
window, workers can apply for an
EAD renewal up to 180 days
before expiration;
The Final Rule will grant an
automatic extension of the
validity of expiring EADs for up to
180 days if the extension of the
EAD is submitted on time, on the
same basis as the previous EAD,
or on a basis which does not first
require adjudication of an
underlying application or petition.
(For example: an adjustment of
status applicant, asylum seeker or
refugee.)
USCIS has recently confirmed that
eligible EAD renewal applicants
only include those who have
submitted timely renewals on or
after 17 January 2017.
Action Items
Employers sponsoring foreign
national workers in the US should
note the above changes which
allow greater job mobility and
flexibility.
BAHRAIN New Visas
Introduced; Visa Rules
Changed
As part of its new visa policy, Bahrain has
recently introduced two new visas. There
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have also been several changes to existing
visas.
New Visas
The new visas are a single-entry visa and a
one-year multiple re-entry visa, both available
online to nationals of 114 countries. This
number has been recently increased from the
original list of 38 countries. Residents of Gulf
Cooperation Council (GCC) member states are
also eligible for the new visas.
The single-entry visa is valid for a stay of up to
two weeks, and the one-year re-entry visa
allows a stay of up to 90 days.
Visa Changes
Holders of a three-month multiple re-entry
visa can now stay in the country for up to one
month per visit, compared to the previous
limit of two weeks.
Citizens of Canada, Ireland, the UK, and the
USA who hold a five-year multiple re-entry
visa to Bahrain can now stay for a period of up
to 90 days, as opposed to the previous limit of
30 days.
Bahrain has also increased the number of
countries that are eligible for visa on arrival to
67 countries. A list of these countries, along
with the list of 114 countries eligible for the
newly introduced visas, can be found on
the Bahrain eVisas website. Citizens and
residents of GCC member states are also
eligible for visas on arrival in Bahrain.
Action Items
Qualifying business travelers to
Bahrain should consider taking
advantage of the new and
amended visa types.
 UNITED KINGDOM 2017
Allocation of Certificates of
Sponsorship
UK Visas & Immigration (UKVI) have advised
that sponsors are now able to apply to renew
their allocation of Certificates of Sponsorship
(CoS) in Tier 2 (General).
Key Points
The present allocations will expire
on 5 April 2017.
Some sponsors allocations will be
"automatically renewed, in
which case nothing is required
from the sponsor.
UKVI will contact other sponsors
via email three months before
5 April 2017, and monthly
thereafter, by way of reminder.
If a sponsors allocations expire, it
is not possible to assign a CoS
until a renewal request is granted.
It is not possible to request an in-
year CoS increase for an expired
allocation.
The standard processing time for
a CoS is up to 18 weeks. Sponsors
may request expedited CoS
processing for a 200 UKVI fee.
Action Items
Sponsors should ensure that
requests to renew allocations are
made to UKVI in time to facilitate
a CoS allocation on 6 April 2017,
to minimise the risk of allocations
expiring.
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UNITED STATES
Employers Must Use the
New Form I-9 From 22
January 2017
Employers have until 22 January 2017 to
incorporate the New Form I-9 into their
onboarding processes.
The previous Form I-9 may continue to be
used to verify the employment authorisation
of new hires and to re-verify expiring
employment authorisation until 21 January
2017.
What Is New?
The new Form I-9 includes additional
instructions as well as additional completion
pages. The new Form I-9 is also a "smart
form" which, when completed online,
includes helpful dropdown boxes,
explanations, validations and automatically
fills in the employee information at the top of
Section 2/Page 2 (a common omission when
the previous Form was released) and autofills
"n/a" into fields that do not apply based upon
other information entered into the form.
This functionality currently requires Abode
Acrobat 8 or higher, so some users may find
themselves in need of an update.
What Is Form I-9?
Form I-9 is used for verifying the identity and
employment authorisation of individuals hired
for employment in the United States. All US
employers must ensure proper completion of
Form I-9 for each individual they hire for
employment in the United States.
 Action Items
Employers of foreign nationals in
the US should review Form I-9
procedures and compliance.
ISRAEL Upcoming
Program to Attract Hi-Tech
Workers
On 15 January 2017, the Israeli government
announced that a new, expedited process will
be launched in 2017 to allow technology
companies to obtain Hi-Tech status, with
benefits for employers and employees.
It is thought that this program may be
implemented in the first and early second
quarter of 2017. Other planned changes to
the immigration system have also been
announced.
Benefits for Hi-Tech Companies
It is expected that hi-tech
employers will be waived from
the requirements of ensuring
adequate housing, providing a
written contract and obtaining
documents at the employers
work site.
Initial recognition of eligibility for
Hi-Tech status will be made
within three weeks of submission.
Benefits for Employees of Hi-Tech
Companies
Spouses of hi-tech employees
will be allowed to work in Israel.
It is expected that the Ministry of
Interior will provide a full waiver
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from the need to have medical
checks prior to consular
processing.
Additional Planned Changes to the
Immigration System
A prevailing wage of double the
average salary will be imposed on
the STEP (45-90 days) work visa.
An online system is expected to
be implemented to allow
submission and tracking of
applications for work permits and
visas.
Expected publication of detailed
Hebrew and English regulations,
outlining the work visa process,
including time lines for each
stage.
The regulations regarding
research at academic institutions,
will be valid for research in the
private sector, for projects that
are part of a funded European
Union Program.
Action Items
Stay tuned for further updates on
these planned changes as more
details are announced by the
Israeli government.
SAUDI ARABIA Job
Advertisement Period
Extended to 45 Days
Effective immediately, the Ministry of Labour
and Social Development has announced the
 extension of the job advertisement period on
the Taqat Gateway. Jobs now posted on the
portal need to remain for a period of 45 days,
up from the previous requirement of 14 days.
Background
On 1 August 2016, the Ministry of Labour
introduced a new labour portal and database
named Taqaat. Employers are now required
to first advertise job roles via the portal
before applying for new block visas. The job
vacancy must be posted for at least 45 days,
to ensure that there are no locally qualified
Saudi nationals who could fill the role. Proof
of efforts to employ local applicants (evidence
of interviews and justification for
acceptance/rejection) is required in support
of the block visa application.
Action Items
Employers in Saudi Arabia
planning to apply for new block
visas for foreign national
employees should take this longer
advertising period into account
when planning the timing of
projects, and should consult an
immigration provider.
HONG KONG Pre-Arrival
Registration Required for
Indian Nationals
Effective 23 January 2017, Indian nationals
intending to visit Hong Kong visa-free for up
to 14 days must now apply for and obtain pre-
arrival registration before travelling.
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Previously, this registration procedure was
not required.
What is Pre-Arrival Registration?
Indian nationals intending to visit Hong Kong
for up to 14 days should visit the designated
GovHK website for pre-arrival registration
(PAR).
After entering the required information, the
system will process the registration
automatically and the registration result will
be made known to the applicant instantly.
Successful applicants must print the
notification slip generated by the online
system on a sheet of blank A4 white paper.
A pre-arrival registration is normally valid for
six months or until the expiry date of the
Indian passport linked to it, whichever is
earlier. Subject to meeting normal
immigration requirements, a registrant may,
during the validity of the pre-arrival
registration, use a valid notification slip
together with the specific and valid Indian
passport linked to the successful pre-arrival
registration to make multiple visits to Hong
Kong visa-free. On each visit, a registrant may
stay in Hong Kong for up to 14 days.
In case the pre-arrival registration cannot be
completed, an Indian national must apply for
an entry visa to the Immigration Department
if he/she intends to visit Hong Kong. Such
applications must be submitted directly to the
Immigration Department.
Detailed information on the PAR process is
available from the Hong Kong immigration
authorities here.
Action Items
Ensure that any Indian nationals
intending to visit Hong Kong visa-
 free for business or tourism for up
to 14 days know that they must
apply for and obtain pre-arrival
registration before travelling.
QATAR New Sponsorship
Law takes Effect
A new sponsorship law which came into effect
at the end of last year (Law No.21 of 2015)
changes the rules for the processing of
residence permits, changing jobs, and
obtaining exit permission. Law No.1 of 2017,
which amends some of the provisions of Law
No.21 of 2015, was issued at the beginning of
January.
However, as of 2 February 2017, Executive
Regulations clarifying the new law have not
been published.
Below is a summary of the provisions of the
new law and amendments:
Residency Permit Processing Times
Under the new law, foreign nationals moving
to Qatar will now have 30 days to process
their residency permits, rather than the
previous deadline of seven days. However,
foreign nationals who do not begin the
process within this time will be subject to a
fine of up to QAR10,000.
Transferring Jobs
Previously, foreign nationals had to request a
No Objection Certificate (NOC) from their
sponsor before they could change
employment. Should their sponsor refuse to
issue an NOC, the employee would have to
wait for a period of two years before they
could join a new company. Under the new
law, any foreign national on an open-ended
contract will no longer need an NOC from
their sponsor once they have completed five
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years of service. Foreign nationals on a fixed-
term contract will no longer need an NOC
from their sponsor once their agreement has
finished.
Instead, all foreign nationals will have to seek
the permission of the Ministry of
Administrative Development, Labour and
Social Affairs (MADLSA) to change
employment. Those on a fixed-term contract
are required to give notice 30 days notice
before their contract ends. Those on an open-
ended contract are required to give 30 days
notice if they have been employed for five
years, and 60 days notice if they have been
employed for more than five years. Foreign
nationals over the age of 60 years are not
permitted to seek a job change. The above
terms and conditions are meant for the
private sector only.
Leaving the Country
The process to obtain an exit visa has
remained unchanged. Law 21 from December
stated that an automated system was to be
set up for granting exit permits directly to
foreign nationals. However, Law No.1 of
January 2017 amends Law 21 and requires
foreign national employees to seek
permission from their employer in Qatar to
exit the country for holiday purposes,
emergencies, or permanently.
Employers can approve exit permits
electronically instantly through
the Metrash2 app, MOIs website or Hukoomi.
The exit permit duration can now be chosen
(i.e. issued for 1 day up to 1 year) and all exit
visas are now for multiple exit and re-
entry. Exit permits are now granted for free
and no paper receipt is issued.
The employer is compelled to approve any
leave owing to the employee which is stated
in the contract between them. The employer
 is also liable to grant leave to his employee in
the event of emergencies. Should an
employer refuse a request to exit the country
the employee is entitled to lodge a complaint
with the new Exit Permit Grievances
Committee, which was set up in accordance
with Law No.21 of 2015. The committee has
already received over 500 applications for exit
permission.
For any enquiries please contact
info@peregrine.im or +44 (0)20 7993 6860.
DISCLAIMER: The information contained in this immigration newsletter has been
abridged from laws, court decisions, and administrative rulings and should not be
construed or relied upon as legal advice. If you have specific questions regarding the
applicability of this information, please contact Peregrine 2015 Peregrine
Immigration Management Ltd.

Action Items

Note the changes to the rules for

the processing of residence
permits, changing jobs, and
obtaining exit permission;
Note that further amendments to
the new sponsorship law may be
implemented by the Executive
Regulation due to be published
soon.

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