Immigration weekly update: May 27, 2021

Immigration updates for the AMER and APAC regions


Americas

Brazil: Quarantine requirements

Travelers with origin or history of passing through India, Northern Ireland, South Africa and the U.K. in the past 14 days must quarantine for two weeks. International flights to  Brazil originating in or passing through the above-mentioned countries are temporarily banned.

This summary was prepared using information obtained from the Diário Oficial da União (in Portuguese).

United States: Suspension of Biometrics requirements

The Biometrics requirement will be suspended for certain applicants filing Form I-539 to extend/change their non-immigrant Status, requesting an extension of stay or a change of status to H-4, L-2, or E non-immigrant status. This suspension will last until May 17, 2023, unless the USCIS director affirmatively extends or revokes the suspension period.

This summary was prepared using information obtained from the U.S. Citizenship and Immigration Services.

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Roberta Carnaccini, Global Operations Director, Immigration.


Asia-Pacific

China: Post-Arrival Quarantine adjustment in Shanghai2019 AmCham Shanghai HR Conference

Due to recently detected domestic Covid cases, the Shanghai government is requiring international arrivals to undergo an additional seven days at-home health monitoring alongside the 14 days centralized quarantine after arrival (exceptions to centralized quarantine on a case-to-case basis). At least six nucleic acid tests will be administered during the 21-day period.

During the seven days health monitoring, arrivals will be asked to:

  • Measure their body temperature twice a day.
  • Avoid non-essential outings.
  • Wear face masks.
  • Refrain from attending any gatherings.
  • Inform the authorities and seek medical treatment in the event of displaying any symptoms.

Arrivals are encouraged to contact their local residential management, as each community is at liberty to set any extra requirements. Several hotels/ serviced apartments have confirmed they will not allow residents to leave their rooms and the new policy effectively becomes a 21-day quarantine period.

This summary was prepared using information obtained from the State Council of China (in Chinese).

Philippines: Temporary travel restrictions

The Bureau of Immigration has implemented the new temporary travel restrictions about the Memorandum from Executive Secretary dated May 14, 2021.

Under the new restrictions:

  • All passengers coming from or have been to India, Pakistan, Nepal, Sri Lanka, Bangladesh, Oman, and the United Arab Emirates (UAE) within 14 days on arrival shall be prohibited from entering the Philippines until May 31, 2021.
  • Any repatriation program of the national government covering Filipinos coming from the foregoing countries shall not be prohibited from entering but shall be required to undergo a facility-based 14-day quarantine period despite a negative result of an RT-PCR test.
  • Filipinos and foreign passengers transiting through India, Pakistan, Nepal, Sri Lanka, Bangladesh, Oman, and UAE shall be subject to the following rules:
    • Passengers transiting through these countries shall not be deemed as coming from or having been to these countries, if they stayed in the airport the whole time and were not cleared for entry into these countries by their immigration authorities.
    • Upon arrival transit passengers do not need to complete a full 14-day facility-based quarantine but comply with the existing test and quarantine protocols.

This summary was prepared using information obtained from the Bureau of Immigration.

Issuance of Employment Permit – revised

All foreign nationals who intend to engage in gainful employment in the Philippines and employers intending to hire foreign nationals can file Alien Employment Permit (AEP) application at the DOLE Regional Office (DOLE-RO) within ten working days from date of signing of the employment contract or prior to the commencement of the employment.

The estimated processing period for a new and renewal of AEP is five working days after publication (with complete documentary requirements and payment of required fees). Only one AEP shall be issued to a foreign national and it should be valid for the employment term approved by the DOLE, position and the company for which it was issued. In case of any change in the foreign national’s position or employer, they shall be required to file a new application and surrender the previously issued AEP Card for cancellation.

The renewal of AEP can be filled 60 days before its expiration and if the foreign national was elected/appointed for a different position, an application for a new AEP must be filed within 15 working days after the date of appointment or election, together with a duly notarized Board Secretary’s Certification.

Foreign nationals working with expired AEP or had been working without the AEP and employers employing such foreign nationals are barred from filling AEP application for five years and will be subjected to pay penalties.

The DOLE-RO, upon request of the employer, may issue an Order for cancellation of an AEP of a foreign national for termination of the latter’s employment or term of office in a hold-over capacity before the expiration of the employment contract or validity period of AEP. Foreign nationals can cancel their existing AEP by providing a clearance or certification issued by their employer.

This summary was prepared using information obtained from the Department of Labor and Employment.

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debra Jane Beynon, Regional Immigration Manager (APAC).


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