Immigration newsletter 24 May 2006

Western economies such as Australia, large parts of Europe, Canada and New Zealand are finding that they are attempting to draw from a similar labour pool. In general, competition for highly skilled workers in a variety of industries and professions is increasing. 

In particular, Britain, Australia, New Zealand and Canada are aggressively recruiting immigrants from around the world to cover shortages in critical skills. Of note, nursing and health care workers, education professionals, engineers, and information technology are in high demand, along with skilled and experienced tradesmen.

New Zealand is currently engaged in the most comprehensive review of their immigration laws in 20 years. The Immigration Act of 1987 has been amended several times over the years, but is now intended to be replaced by legislation that will be drafted this year. 

Due to public participation, the citizen comment period was just extended until June 30th of this year. The New Zealand Cabinet will review all submissions and introduce a Bill to the Parliament in early 2007. 

New Zealand has been engaged in many immigration and visa activities recently. Increased border control to ensure legal migration has been one priority for the region this year. They continue to aggressively recruit skilled workers in a wide range of categories, with a focus on education and an increasingly information-based economy. New Zealand is actively attracting expatriates who migrated to Australia in the past decades, hoping to attract many citizens who have increased their skill sets. 

At the same time, loopholes in visa and immigration policy are being identified and tightened up. This week, changes to the Guardian visa were approved. The New Zealand government recognizes that younger students coming to New Zealand require the protection and guidance of parents and guardians. These people are granted Guardian Permits, designed specifically to provide for the welfare of students generally under the age of 18. However, guardians will no longer be granted full time work and study visas. 

They may still apply for variations to their Guardian Permit that will allow part-time work and study opportunities. In addition, they may apply for and receive different visas, but will not be eligible to hold a Guardian Visa simultaneously.

Debate on immigration, citizenship, worker status and border control continues in the US as congress attempts to form and pass related legislation before the impending Labor Day holiday. Some of the rhetoric is becoming thick as political parties use the issue to position for the upcoming elections. 

Among the topics proposed are the establishment of English as the national language. While approximately 160 countries have protection for national languages in their constitutions and legislation, the United States is one of the few countries that has historically not done so. 

Protecting and sealing the border with Mexico as part of a larger border control and homeland security policy remains controversial. 

Use of military personnel, the cost of the proposals, humanitarian concerns and the impact upon business and the national economy are all making the debate complicated.

Amnesty for many illegals and a path toward citizenship are also under consideration and highly controversial. 

Talk of some sort of a guest worker program is another topic at the top of the news. 

The Government has just released updates on current targets for H-1B and H-2B visas for the U.S. 

The most popular and commonly known category to employ professional level employees in the US is the H-1B visa. People granted these visas may begin working under them at the beginning of the fiscal year, which begins on October first 2006. 

Approximately 60% of the annual 66,000 positions have been approved or are under review. They may be granted for a total period of six years. 

The H-2B visa is designed to be used to fill temporary worker peak demand for skilled or unskilled jobs. Often the work is seasonal, but it may also be used to fulfil other temporary demand in industry for various reasons. 66,000 are also granted every year, with 33,000 targeted in each of the first and second six-month periods of the fiscal year. 

All H-2B visas have been allocated for fiscal year 2006 now, a trend in recent years. No visa applications for start dates earlier than 1 October 2006 will be accepted. Current H-2B holders may petition to renew for an additional six months. Previously, it was common for the U.S. not to reach its H-2B caps.

We look forward to continuing to bring you latest news on visas and work permits Worldwide.