International Immigration Updates

Update on Travel Advisory for the Western Hemisphere  (Posted December 06,2006)

This is an update of the travel alert we sent out October 13th. Beginning January 23, 2007, passports will be required for air travel in the Western Hemisphere.

On November 24, 2006, the Department of Homeland Security and the Department of State published a final regulation in the Federal Register implementing the Western Hemisphere Travel Initiative (WHTI). The regulation establishes new passport requirements for citizens of the United States, Canada, Mexico and Bermuda when entering the United States by air from any part of the Western Hemisphere beginning January 23, 2007. The Western Hemisphere is comprised of the United States, Canada, Mexico, the Caribbean, Central and South America, and Bermuda.

Presently, citizens of Canada, Mexico, and Bermuda do not have to present a passport when entering the United States from the Western Hemisphere. Mexican citizens entering the United States by air or sea ports of entry from a contiguous territory need only to present Form DSP-150, a combined B-1/B-2 visa and a Border Crossing Card (BCC). Citizens of Canada and Bermuda arriving from within the Western Hemisphere are not required to present a passport to enter the United States, as long as they present evidence of identity and citizenship.

WHTI is a two-part initiative that will abolish all passport waivers for citizens of the United States, Canada, Bermuda, and Mexico upon entry into the United States from within the Western Hemisphere. The only exceptions to this requirement are for United States citizens who are members of the United States armed forces traveling on active duty; travelers who present a Merchant Mariner Document (MMD) traveling in conjunction with maritime business; and travelers who present a NEXUS Air card used at a NEXUS Air Kiosk.

A separate proposed rule regarding land and sea travel will be published at a later date with specific requirements for travelers entering the United States. This rule for land and sea travel could be effective as early as January 1, 2008. While recent legislative changes permit a later deadline, the Department of Homeland Security and Department of State are working to meet all requirements as soon as possible.

It is our recommendation that travelers who might be affected by the implementation of WHTI apply for a passport now to avoid any possible future problems at the U.S. border. Greenberg Traurig will continue to monitor this and other regulations affecting travel.
 

A Step Towards Integration in South America? (Posted November 29, 2006)

Last week twelve (12) countries in South America signed an agreement that is expected to enter into effect in ninety (90) days that will allow citizens of the twelve countries to travel to the other signatory countries without a visa. The twelve counties who have signed the agreement are: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela.

Many of these countries already allow visa free travel; however, citizens of Colombia, Peru and Ecuador, who frequently require visas to travel to neighboring countries, will greatly benefit by this agreement.

Saudi Arabia Implements Tourist Visas

On May 2, 2006 Saudi Arabia announced that foreigners are now able to obtain a tourist visas for non-religious travel into the country. The holy cities of Mecca and Medina will still be off limits to non-Muslims, however tourist will be allowed to visit other ancient sites such as Mada'in Saleh as well as local villages and small towns.

Tourist Visas will be granted by certified tour operators, certification of tour operators is underway. Special permits for tour guides are expected to be in place by June 2006.

This move by Saudi Arabia seems to be prompted by the Kingdom's recent membership into the World Trade Organization (WTO).

Italy Defines Border Control for Easter Holiday

Due to the upcoming summer season and increased travel from and to Italy during the months of March, April and May, there is concern over the ease of travel for employees stationed in Italy. The Italian Government has instructed their Police Headquarters that foreigners who have filed an application to obtain or extend a permit of stay (and are in possession of the receipt that certifies the application is pending) should be authorized to depart and re-enter Italy between March 15th and May 15th 2006 provided the following:

1. departure and re-entry is done at the same border;
2. the foreigner has:
   1. a valid passport;
   2. the receipt of the application; and
   3. a copy or the original (expired) permit of stay in cases where the foreigner has applied for an extension;
3. the trip is not through other Schengen Countries because the receipt from the Police Headquarters is not actually a visa.

In other words, visa nationals, those who require a visa to enter the Schengen area, will be unable to travel through the Schengen area until the permit of stay is issued or extended. Non-visa nationals, such as US and Canadian citizens will not be impacted as they do not need a visa to travel through the Schengen area.

The Passport Control Authorities will provide a clearance stamp on the receipt of the application as well as on the passport when the foreigner crosses the border. If your employees does not meet the following criteria we suggest that they remain in Italy until the permit of stay is processed or risk not being able to reenter.

Italian Government Issues 2006 Visa Quotas

On March 7th the Italian authorities announced the 2006 visa quota numbers for non-EU nationals. The decree allows for a total of 170,000 visas for the 2006 fiscal year. However, only 1,000 of these visas will be available for skilled workers. There are an additional 1,500 visa available for self-employed foreign consultants. Italy is one of the many countries that ensures foreign workers do not take jobs away from Italian nationals. This quota system is a way of tracking numbers and keeping the number of non-EU workers issued work permits in Italy in check. Generally, Italy has a very decentralized immigration system and it is important that companies utilize expertise when applying for a business visa, considering short-term work assignments and long-term relocation. GT coordinates these matters with a network of local attorneys. Please contact Dawn Lurie for more information.

The United States Department of State Has Begun to Issue Electronic Passports

On February 17, 2006 the Department of State (“DOS”) announced that it had begun to issue the new United States Electronic Passport (e-passport) in order to strengthen security at American borders and to ease the travel of American citizens. The Department of State began producing the new e-passports in December of 2005. The passports issued thus far are part of pilot program. Thus far only diplomatic passports have been issued in the new electronic format, but the DOS expects to begin issuing official e-passports soon.

The e-passport is on the cutting technological edge. It combines facial recognition software to increase border security and contactless chip technology. This chip contains the same information as the passport: the name of the passport-holder, their date and place of birth, gender, date and place of passport issuance and expiration, passport number and a photo of the passport-holder. United States citizens will be able to travel with their old passports until their date of expiration and will be issued e-passports upon passport renewal.

The DOS included an anti-skimming device in the front cover of the passport to ensure privacy. The DOS has also introduced basic access control (BAC) technology to prevent unauthorized persons or machines from being able to read the passport-holders passport information.

By the end of 2006, the DOS hopes to issue e-passports at all domestic passport agencies and they will become available to the general American public later this year.

Your Nonimmigrant Employees May Need a Visa to Travel Outside the U.S.

After traveling outside of the country, your employees in nonimmigrant visa status (e.g., H-1B, L-1, etc.), will generally only be able to reenter the United States if they have a valid unexpired visa in their passports that corresponds to their current visa status. For example, if your employees last entered the U.S. on an F-1 student visa and later change their status to that of an H-1B, they will need to obtain an H-1B visa at a U.S. embassy or consulate abroad prior to reentering the U.S. They will not be able to reenter the U.S. using their F-1 visas, even if those visas still have a valid end date. Employees who possess visas that correctly correspond to their current visa status but have an expired validity date will also need to obtain a new visa regardless of the expiration on their USCIS-issued I-797 approval notice.

GT lawyers are readily available to provide counsel to your employees regarding travel-related issues and obtaining visas at the individual U.S. embassies and consulates abroad. Please visit our webpage regarding our Global Outbound Immigration services for more information.

U.S. Citizens Need Passports to Enter Some Countries but Not Others (And Other Travel Requirements)

Before traveling abroad, your U.S. citizen employees should make sure that they have all of the required documentation necessary to enter their desired destinations. Different countries have different entry requirements that must be followed. Not all countries require U.S. citizens to carry passports with them for short-term visits, however, GT always recommends that when traveling internationally individuals carry their passport to avail themselves of the protection of the Department of State in emergency situations. At present, these countries include Aruba, Bermuda, Canada, the Dominican Republic, and Panama, among others. However, these requirements will change with the implementation of the Department of State’s Western Hemisphere Travel Initiative in the next several years. It is important that your employees know that they must carry adequate documentation proving their U.S. citizenship and identity both for entry into their destinations as well as reentry into the U.S. Such documentation may include certified copies of birth certificates (to prove citizenship) and valid drivers licenses (to prove identity). Some countries require visas even for short-term visits (e.g., Cuba, India, Russia), while others require passports but no visa for a short-term stay that does not involve employment (e.g., France, Italy, Spain, Morocco). Moreover, some countries require passports with at least six months’ validity (e.g., Brazil, Ecuador, Singapore), while others require passports plus proof of a roundtrip ticket (e.g., Cyprus, Honduras, the Philippines). The requirements for entering different countries can change at any time. GT provides regular travel updates to our clients and it is important that your employees contact the GT professional with whom they work with prior to leaving the U.S. for specific country information.

Global Immigration: Traveling With the Right Visa

More Things for Companies to Consider: Thinking ahead… or at least trying to

As immigration attorneys we often find ourselves expediting visas for clients whose employees are expected to travel “tomorrow at the latest.” With increased focus on security concerns worldwide, however, it is important to realize that tourists are not the only ones who need to think ahead; companies need to understand that planning ahead is imperative, if they want their employee to travel with the correct visa and reach their destination as quickly as possible. In today’s world we have seen not only foreign consular officials scrutinizing application forms and supporting documentation with more focus, but processing times taking longer. Greenberg Traurig’s (GT) Global Outbound Immigration Group is in constant contact with embassies and consulates around the world to update the requirements, steps and processing time-frames for visa applications. Often, we will be able to process complete visa applications in a few days but it is important to remember that each country is different, for this reason planning and managing expectations is critical.

Passport Compliance

U.S. citizens and permanent residents traveling abroad must ensure that their passports are in compliance with foreign country requirements prior to their departures from the United States. Most countries do not admit individuals and consulates will not stamp passports that have less than six (6) months left until their date of expiration. GT provides our clients assistance in obtaining new and renewed passports for employees. Additionally, various countries including the United States have implemented regulations concerning the use of machine readable passports upon entry, without which travelers will have to obtain an entry visa for the intended destination.

Carefully complete, review and sign

While the processing time may seem to be the number one priority; we strongly recommend that every step of the process be carefully considered as this will likely guarantee an easier filing process. From completing and reviewing every item on our questionnaire, to taking the correct pictures, to timely providing the necessary documents, including an accurate description of the trip’s purpose in full detail, is essential. This will provide foreign consular officials the necessary documentation and confidence to--in most cases-- issue the necessary travel visa. During GT’s review and analysis we determine which visa is the most appropriate and whether the activities to be performed in the foreign country should be categorized as “business” or “work.” There are significant differences between these two categories; and as such the requirements, place of filing, processing times and fees are different.

Many times, U.S. citizens and permanent residents will not require a visa to enter a foreign country for the purposes of a business trip if their visit is for a period of time less than ninety (90) days. However, it is important to note that business visitors are limited in the activities they may participate in, in the country of destination. Often activities outside the scope of general business activities require a work permit. Failure to adhere to the regulations in many countries may result in penalties for both the corporation and individual. For that reason, GT takes the time to research all entry requirements and specifications to best advise our clients on what type of entry visa is best suited for their needs.

In general, business visitor activities may include the following:

• Participation in professional meetings for the mutual benefit of the home country employer and the local entity, including sales meetings with customers.
• Participation in training sessions and/or exhibitions and seminars organized by the company, trade organizations, and universities.
• Aiding the establishment or review of financial or human resources concerns.
• Representation of shareholders or exercise if fiduciary oversight of local affiliates or branches, particularly for senior managers or executives.
• Assisting local host country lawyers in resolving American legal issues. Visiting U.S. lawyers usually may not advise on the host country laws unless they are registered with the host country Bar Association.
• Soliciting orders, providing product information, negotiating contracts and resolving issues with customers for sales and marketing personnel.
• Negotiating with unrelated third parties who are potential acquisition targets, or negotiating contracts for joint ventures, manufacturing affiliations, joint marketing, sourcing and licensing agreements.

Generally to obtain a business visitor visa and establish an individual’s qualification, the following requirements will need to be satisfied:

• Maintenance of a residence and an employer outside of the host country. The business visitor must intend to visit the host country for a limited and pre-set time period and may not be subordinated to the management of the entity doing business in the host country.
• Receive compensation/salary from the employer in the home country; however, in certain cases, incidental expenses such as hotel room, cost of travel, and meals may usually be paid by the host company.
• Verification of adequate funds to defray expenses while on the business visit.
• Present specific and realistic plans for the stay in the host country.
• Period of intended stay must be consistent with the intended purpose of the trip.

We are here to help…

Greenberg Traurig continues its tradition of providing complimentary presentations to companies on global outbound immigration issues as well as discussions on money saving tax strategies and human resources considerations for employees and employers. GT’s Global Outbound Immigration Group is chaired by Dawn Lurie. For any questions or further information on outbound visas, residence and work permits please contact us by e-mail (luried@gtlaw.com) or phone at: 703-749-7527.