Global Immigration Updates | Week Beginning 3 May 2021

May 7, 2021

COLOMBIA: Temporary Protection Statute for Venezuelan Migrants

The Special Administrative Unit of Migration Colombia has implemented the Temporary Protection Statute for Venezuelan Migrants, consisting of the Single Registry of Venezuelan Migrants (RUMV), and the Temporary Protection Permit (PPT) with a validity of 10 years.

Venezuelan nationals who register with the RUMV and obtain a Temporary Protection Permit may remain in Colombia, exercising any legal activity or occupation including work, and accumulating time towards qualifying for a Residence Visa.

Pre-registration is an online process and is followed by in-person biometric registration. The issued permit will be valid until 30 May 2031 and is not extendable

The permit applies to Venezuelan migrants who meet any of the following conditions:

  • In Colombia on a permanent basis as holders of a valid Entry and Permanence Permit (PIP), Temporary Permanence Permit (PTP) or a Special Permanence Permit (PEP).
  • In Colombia on a permanent basis as holders of a Safe-pass of Permanence SC – 2 within the framework of the processing of an application for the recognition of refugee status.
  • Being undocumented in Colombian territory on 31 January 2021.
  • Entering Colombian territory through an immigration control post, complying with the requirements established by the immigration regulations, during the first two years of validity of the Statute.

In the first three cases, registration is open between 5 and 28 May 2021 and, in the last case, registration is open from 29 May 2021 until 23 November 2021.

HUNGARY: 2021 Minimum Salary Level

The minimum salary level (MSL) for Hungary is HUF 167,400 per month (gross). Effective July 2021, this will increase to HUF 169,000.

For skilled positions requiring at least a secondary school level education, the minimum salary level (MSL) for Hungary is HUF 219,000 per month (gross). Effective July 2021, this will increase to HUF 221,200.

For a combined work and residence permit application, the salary should be no less than 80% of what a local resident worker would expect to receive for the same position. If payroll is split between the home country and Hungary, the part paid in Hungary should still reach the amounts according to rules described above. The average salary used in Hungary over the previous year for the specific job title must be considered too when a new employment contract is concluded. Foreign workers may require a higher monthly salary when applying for the work and residency permit, on the assumption that their living costs may be higher than those of a local worker.

PANAMA: New Immigration Routes for Manufacturing Services

The government has published regulations for the new EMMA licence issued to multinational companies, whether foreign or national, that from Panama provide manufacturing services to related or affiliated companies (not to unrelated or client companies).

The new immigration routes created by these regulations include the following:

  • EMMA temporary personnel visa, for foreign nationals providing operational or training services to the company, granted for up to 2 years (extendable) and also applicable to dependents;
  • EMMA permanent personnel visa, granted for up to 5 years (extendable) and also applicable to dependents;
  • Permanent residence, for foreign nationals who have held a temporary or permanent EMMA personnel visa for at least 5 years

Dependents of holders of EMMA or SEM (Multinational Companies Headquarters) visas can request work permits once their dependent visa has been approved. Previously, dependent visa holders could not apply for work permits.

RUSSIA: Changes to Purposes of Entry for Visas and Invitations

Effective 8 February 2021, the Ministry of Foreign Affairs (MFA) has approved a new list of the purposes of entry for issuing letters of invitation and visas to foreign nationals. The implementation of the new list may lead to some processing delays.

  • The “Work for hire” purpose of entry has been renamed to “Work activities”
  • The “Technical services” purpose of entry has been renamed to “Installation works” and the category of the relevant visa has been changed from “Business” to “Work”
    • Note that all work visas are issued as single entry visas for 90 days with possibility of in-country extension (with exception to HQS employees and their family members who are eligible to multiple visas valid for 3 years)
  • The “Commercial” and “Aim tourism” purposes of entry are not included in the new list. A regular business visa should be requested for any type of business activities in Russia
  • The “Private” purpose of entry has been renamed to “Guest”
  • Work visas with “accompanying family member” purpose of entry may be issued only to HQS dependents as well as dependents of foreign mass media workers
    • Note that the new list does not provide for issuance of dependent visas to family members of employees who work based on regular (non-HQS) work permits

Please note:

  • The filing of work visa invitation applications in the Moscow migration department (Pokrovka Street 42) has been temporarily suspended due to technical reasons and in connection with the above changes
  • Some Russian consulates abroad have suspended the filing of applications for work visas and technical services visas
  • Applicants may experience delays due to temporary suspension of application submission and processing at migration departments in Russia and Russian consulates abroad

UNITED STATES: USCIS Delays Rule Prioritizing High-wage Earners in the H-1B cap Selection Process; and Announces Cap Registration Period

The Department of Homeland Security (DHS) has delayed the effective date of the 7 January H-1B Selection final rule, which prioritized high-wage earners for the H-1B cap selection process, until 31 December 2021. Therefore, the fiscal year (FY) 2022 H-1B cap registration and selection process will proceed as in previous years, with selection based on a random lottery.

USCIS also announced that the FY 2022 H-1B cap initial registration period will be open from 9 March 2021, 12:00 p.m. EST to 25 March 2021, 12:00 p.m. EST.

Our Advice

Employers who may be affected by any of these immigration changes are encouraged to contact Newland Chase for case-specific advice.