United States: Global Directions: Mobility Trends In November 2018

United States

Department of Homeland Security Publishes Updated Regulatory Agenda

At the end of October 2018, the Department of Homeland Security ("DHS") published an updated regulatory agenda that aligns with President Trump's "Buy American and Hire American" executive order. Areas that will see key changes with the agenda include:

  • H-1B lottery program: The proposed rule would require companies to preregister for the H-1B lottery prior to submission of petitions. Only companies selected for the lottery would be permitted to submit cap-subject petitions. In addition, the agency has proposed reversing the order of the bachelor's and master's cap lotteries so that beneficiaries with a master's degree have better odds of being selected. Finally, DHS has proposed a new prioritization scheme where petitions are prioritized based on wages, education requirements, and other key criteria.
  • H-1B eligibility criteria: Changes include revisions to the definitions of "specialty occupation," "employment," and employer-employee relationship," with the aim of attracting the "best and the brightest foreign nationals."
  • H-4 employment authorization: The proposed rule would eliminate H-4 visa holders' eligibility for employment authorization.
  • F-1 visa duration: The proposed rule would change the maximum period of stay for F-1 visa holders by eliminating the "duration of status" and imposing visa end dates.
  • Biometrics: Biometrics would be collected for all foreign nationals when entering and exiting the United States, and photographs would be captured for use by facial recognition technology. In addition, a second rule proposes expanding the use of facial recognition technology for all travelers, including US citizens.

In addition, it is anticipated that USCIS will publish a new fee schedule in February 2019.

Legalization of Marijuana in Canada May Present Challenges to Adult Residents When Seeking Entry into the United States

On October 17, 2018, the purchase, use,  and possession of marijuana by adults became legal across Canada under the Cannabis Act (Bill C-45), which was approved by the Canadian Senate in June 2018. Though dozens of US states have legalized marijuana for medical or recreational purposes, the use, possession, cultivation, and distribution of marijuana remain illegal under US federal law, which regulates immigration and controlled substances and supersedes state law. Under the federal Immigration and Nationality Act ("INA"), marijuana users traveling to the United States may face severe consequences, including a permanent bar from entering the country, on health-related or criminal grounds.

Although Customs and Border Protection ("CBP") has yet to issue any formal guidance on whether legal use of marijuana in Canada is considered a de facto basis for inadmissibility, media reports indicate that Canadians traveling to the United States who admit to marijuana use may be denied entry. In response to the Cannabis Act, CBP issued a statement advising that "any arriving alien who is determined to be a drug abuser or addict, or who is convicted of, admits having committed, or admits committing, acts which constitute the essential elements of a violation of (or an attempt or conspiracy to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance, is inadmissible to the United States."



Qatar Eliminates Exit Permit Requirements for Foreign Workers

In an effort to relax its strict rules imposed on employers who hire foreign workers, the Qatari government recently announced that it would no longer require companies to file exit visa applications on behalf of foreign workers prior to repatriation. Employers may still require certain foreign workers to obtain permission prior to leaving the country, but the number of employees required to obtain an exit visa prior to departure has been capped at 5 percent of the company's foreign workforce. This change took effect on October 28, 2018.


Vietnamese Government Issues New Regulations on Foreign Workers

On October 8, 2018, the Vietnamese Ministry of Labor, Invalids, and Social Affairs ("MOLISA") issued Decree 140/2018/ND-CP, which implements a number of changes to the country's work permit rules. Key changes include:

  • Notarized passport copy no longer required: Work permit applicants are no longer required to submit a notarized passport copy with their work permit applications. MOLISA will now accept a regular photocopy. However, the Ho Chi Minh City labor department continues to require certified copies of passports.
  • Elimination of work permit cancellations: Work permit holders are no longer required to cancel their work permits prior to leaving the country.
  • Faster processing times: The processing time for a work permit application is now five days, as opposed to seven. In addition, the chairman of the provincial People's Committee is no longer the only authorized body to approve work permit applications. Instead, the actual provincial People's Committee is now authorized to approve applications, thereby making the application process more efficient.
  • Broader work permit requirement exemptions: The decree establishes that certain foreign nationals are exempt from work permit requirements. These include foreign nationals who are responsible for establishing a commercial presence in Vietnam, including an economic organization with foreign investment capital, a representative or branch office of a foreign trader, and an operating office of a foreign investor pursuant to a business cooperation agreement.

Aimed at promoting business opportunities in Vietnam, these are welcome changes, although implementation at the local provincial level may vary.



Irish Authorities Clarify Rule on Temporary Work Permission

Effective immediately, the Irish government will grant temporary work permission to non- European Economic Area ("non-EEA") foreign nationals who seek temporary work authorization upon arrival in Ireland. In these instances, work permission may be granted for a maximum period of 14 days and is limited to once in a 90-day period. With temporary permission to be granted at the discretion of border agents, applicants are not guaranteed entry under this scheme. If non-EEA foreign nationals are required to work in Ireland for more than 14 days in a given 90-day period, they must obtain a work permit through the proper channels.


Spanish Immigration Authorities Restrict the Scope of Intracompany Transferee Permits

The Spanish government recently announced that it was limiting the use of intracompany transferee permits ("ICT"). Going forward, only highly qualified individuals working in a  "specialist" capacity are eligible for an ICT work permit. Previously, employers could sponsor workers in non-managerial or non-specialist positions under this visa scheme. In addition, companies must now provide a justification for seeking to employ a foreign worker as opposed to a local worker and must have a compelling reason why a local worker could not reasonably perform the duties of the specific position. This change is an effort to promote local hiring.


Turkey Will No Longer Provide Visas on Arrival

The Turkish government is in the process of canceling its visa-on-arrival system. Effective immediately, foreign nationals who were previously permitted to obtain visas on arrival must now purchase an e-visa online prior to arrival. Visas should be obtained at least 48 hours prior to departure. All e-visa holders must carry a copy of their valid e-visa, along with a visa passport,  when entering Turkey. This new requirement will increase fee collection and data collection and will facilitate arrival processing when entering Turkey, ultimately reducing the amount of wait time at ports of entry. This change impacts citizens of 37 countries, including Australia, Austria, Bahamas, Bahrain, Belgium, Canada, Hong Kong, Indonesia, Ireland, Mexico, the Netherlands, Norway, Oman, Poland, Portugal, Spain, the United States, and the United Kingdom.

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2018. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions