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Crown Relocations occupies three of Brazil’s major markets with facilities located in Rio de Janeiro, Curitiba and Sao Paulo. The new facility is a gated complex with 24-hour security. It consists of a 4,500 square meter warehouse, spacious office space, state of the art training and conference facilities. The enclosed weather-proof dock helps Crown staff safely load and unload clients’ precious belongings. The facility’s location provides access to main highways connecting the major ports, airports and downtown Sao Paulo. Bill Whaley, country manager Brazil, commented: This new facility is a showcase for Crown and to corporate clients. We are well positioned to support our growth in Sao Paulo. I’d like to thank the entire team in Sao Paulo for their hard work in preparation of the relocation of the Crown branch.

During the dedication of the facility, Frank Hochgesand, managing director of Crown Latin America commented: I would like to thank the Executive Board for their support of this project. It is no secret that Brazil is a key market for Crown. The growth experienced by Crown Brazil clearly has reflected this.

Complete address of Crown Sao Paulo:
Crown Relocations
Avenida Honorio A’Ivares Pentaeado No. 97
Modulos ASM Galpoes 27,37,47
Santana de Parnaiba, Sao Paulo, Brazil
Telephone: 55 11 4208 5550

Please visit Crown on the Web, at crownrelo.com.

A bill introduced by Sen. John Cornyn (R-TX) would streamline the permanent residence process and allocate 55,000 employment-based immigrant visas to STEM advanced-degree graduates. EB-1, EB-2 and EB-3 foreign nationals would be eligible to file an adjustment of status application before an immigrant visa became available, on payment of an additional fee. Unused employment-based immigrant visas would be carried over to the following fiscal year. Sens. Chris Coons (D-DE) and Lamar Alexander (R-TN) are expected to introduce their own STEM proposal today.

Sen. John Cornyn (R-TX) has introduced the Securing the Talent America Requires for the 21st Century Act (STAR Act), a bill that would streamline the permanent residence process and add 55,000 more employment-based (EB) immigrant visas for foreign nationals holding a U.S. advanced degree in a designated science, technology, engineering or math (STEM) field.

The bill also seeks to alleviate the consequences of lengthy employment-based immigrant visa backlogs by allowing unused EB visa numbers to be recaptured and permitting certain EB immigrants to file an application for adjustment of status before an immigrant visa became available (though the adjustment could not be approved until a visa number was available).

New EB-2 Subcategory for STEM Advanced-Degree Holders

The STAR Act would create a new EB-2 immigrant visa subcategory for qualifying STEM Master’s and Ph.D. graduates of U.S. research institutions. A U.S. research institution is defined as a university that has received at least $5 million in federal research and development funding (or is part of a university system that has received such funding) or has been in existence for at least 10 years.

STEM advanced-degree graduates would be given preferential access to EB-2 immigrant visa numbers. They would also have access to an additional 55,000 immigrant visa numbers, which would not be subject to per-country quotas. To offset the additional visa numbers, the Diversity Visa Lottery program would be eliminated.

Qualifying STEM F-1 graduate students would benefit from “dual intent,” meaning that they would be permitted to pursue permanent residence without jeopardizing their nonimmigrant status and would not be required to maintain a foreign residence abroad.

Streamlined Labor Certification Procedures

EB-2 STEM advanced-degree holders would subject to labor certification, but could qualify for streamlined processing. STEM Ph.Ds. would have their labor certifications treated as shortage occupation cases, meaning that their employers could bypass the PERM process and apply for labor certification directly with U.S. Citizenship and Immigration Services.

STEM master’s degree graduates would be eligible for “special handling” of their labor certifications, much as college and university teacher cases are treated under current law. Unlike standard applications, STEM special handling cases would not be judged by whether minimally qualified U.S. workers were available. Instead, if the STEM master’s graduate were more qualified than U.S. workers who met the employer’s minimum requirements, the employer would be entitled to certification. STEM special handling certifications would remain valid indefinitely, unlike standard labor certifications, which expire after six months.

Early Adjustment for Employment-Based Immigrants, Recapture of Unused Immigrant Visas

For a $500 fee, foreign nationals with an approved or approvable EB-1, EB-2 or EB-3 petition would be permitted to file an application for adjustment of status before a visa number became available to them. (The adjustment could not be approved, however, until a visa number was made available.) This accommodation would not be limited to STEM advanced-degree graduates. In addition, unused EB immigrant visas would carry over to the following fiscal year. Under current law, unused immigrant visa numbers evaporate at the end of a fiscal year.

Prospects for the STAR Act

The STAR Act is in the very early stages of the legislative process and has yet to be scheduled for review and mark-up by the Senate Immigration Subcommittee. Sen. Cornyn’s bill joins several other STEM immigration proposals that have been introduced in Congress in recent months, including Rep. Zoe Lofgren’s (D-CA) IDEA Act. Senators Chris Coons (D-DE) and Lamar Alexander (R-TN) are expected to introduce their own STEM bill today. Though STEM provisions typically enjoy bipartisan support in principle, none has advanced beyond the proposal stage.

Source: Fragomen

Congratulations Daria from the FEM Team

Effective immediately, foreign nationals extending their visas in Mexico City can no longer schedule their own appointment time; one will be assigned to them. The principal and all dependents must attend the appointment together.

The Mexican National Immigration Institute (INM) recently implemented strict new procedures for visa renewals in Mexico City, effective immediately. Foreign nationals extending visas there will be assigned an interview appointment time approximately 15 days after they file a renewal application. They can no longer schedule their own interview appointments.

The five- to ten-minute appointments are now scheduled during a limited timeframe on weekday afternoons. The new procedures are likely to lengthen the renewal process to 15 to 20 business days.

The principal foreign national and any family members must attend the appointment together. During the appointment, they will be issued their renewed work and residence visas.

Foreign nationals who arrive late or miss an appointment can reschedule for the following day. Missing two consecutive appointments will reportedly result in fines and cancelation of the applicant’s immigration documents, though these sanctions have not been officially announced.

The INM implemented the new procedures after an increase in missed and re-scheduled renewal appointments in Mexico City. The INM is not expected to change renewal procedures anywhere else in Mexico at this time.

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to lar@fragomen.com.

Source: Fragomen

Companies that are certified by the Board of Investment of Thailand (BOI) and employ less than ten foreign employees must begin using the new online system immediately. BOI certified companies with ten or more foreign employees have until October 1, 2012 to move to the new system.

The Board of Investment of Thailand (BOI) is implementing a new online portal, known as the e-Expert System, for the filing of work permit and visa applications. The new system will be mandatory for BOI certified employers filing initial and renewal applications. There are no changes to the standard work authorization application process for non-BOI certified companies.

Effective immediately, BOI certified companies with less than ten foreign employees are required to register for the system and start using it to file applications. These companies should contact their Fragomen representative for assistance in the registration process.

BOI certified companies with ten or more foreign employees must register and use the system by October 1, 2012.

BOI certified companies are those engaged in approved priority projects in accordance with the BOI’s investment promotion policies.

The BOI expects that its new system will facilitate the approval of applications through electronic file sharing with the immigration and labor departments.

Fragomen worked closely with Dej-Udom & Associates Ltd. (Bangkok) to prepare this alert. It is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to APCCInitiations@fragomen.com.

Source: Fragomen

Simple tasks such as taking elderly or less able dependents to medical appointments are increasingly common place. However, if your assignee is seconded overseas, they may need to rely on someone else to help whilst they are unavailable.

Dedicated to the requirements and needs of globally mobile assignees around the world, independent relocation experts HCR are introducing an innovative new service – Reassurance.

Reassurance is a unique support package tailored to aid the relocating assignee with elderly or less able dependents in the UK whilst they are overseas.

HCR’s pioneering new service provides:

• An elderly care advice line
• A tailor made service designed to support and assist the needs of your overseas assignees and their domestic dependents in need of care
• Empathetic network of dedicated Care Advisers

The new Reassurance service was created with the modern assignee in mind, and tailored to support, assist and advise in all manners needed to create a situation comfortable for all associated stakeholders. From choosing the best care option to selecting the right care provider, we give your assignees the information and reassurance they need to make the right decisions for their dependents.

Our network of Care Advisers includes professional Nurse Practitioners who will support your assignee and provide insider knowledge, experience and advice. They will also, if required, explore the UK for the best care providers – both at home and in care facilities.

If the circumstances require, Reassurance can also provide your assignee’s dependents with Property Management Services and Funding where we will professionally manage the selling of a property and, if necessary, release funds to pay for care.

As part of the service HCR will offer guidance and counsel to the care giver and receiver for as long as either or both parties feel they need it – domestically or internationally. This can range from a debilitated relative – which in itself can range from lack of transport to a period of recovery after illness or injury, to support for long distance dependents.

Assignees with elderly dependents can feel incredibly isolated as they struggle to find the best possible solution for themselves and their dependents. The stress involved and the time needed to find the best care can become a distraction from work responsibilities, which could ultimately result in repatriation – and assignment failure. Care statistics reflect that the peak age group for looking after an elderly dependent is 45-64; assignees at higher management level with invaluable international business skills and experience.

HCR’s Commercial Manager Richard Inglis commented:

“Family issues remain one of the top reasons for assignment failure. Many corporations offer support for those relocating with children and partners, but there continues to be a growing demand to consider support for assignees with elderly dependents. We hope that our new Reassurance service will help to tackle this growing problem and continue to offer our client’s assignees complete family support.”

HCR will be officially launching Reassurance at the Totally Expat Show on Monday 14^th May.

For more information on our Reassurance service, contact Commercial Manager Richard Inglis on +44(0)1256 313780 or via email ringlis@hcr.co.uk.

To address the above concerns, the government proposes to limit the availability of LAFH benefits by introducing the following changes:

• Only employees who maintain a residence for their own use in Australia, and who are living away from that home for work purposes, will be entitled to LAFH food and accommodation benefits;

• Individuals will be required to substantiate their actual expenditures on accommodation and food beyond a statutory amount;

• The tax concession will only be available for a maximum period of 12 months for an employee in respect of a particular work location.

The 12-month limitation will not apply to “fly-in-fly-out” workers.

The Treasury has indicated that draft legislation will be released in May 2012 and the changes, if enacted, will apply to new arrangements entered into after 7:30pm (local time) on 8 May 2012, starting on 1 July 2012. Transitional rules mean that existing arrangements will be grandfathered until 1 July 2014.

Impact of Changes

As stated above, the changes will significantly limit the availability of LAFH benefit tax concessions for foreign nationals who are working on temporary assignments in Australia. Access to the LAFH benefits for foreign nationals will be limited to those employees who maintain a home for their own use in Australia (the home must be available at all times and not be rented out) and are required to live away from that home for employment, i.e., fly-in-fly-out arrangements within Australia. This means that, effectively, very few foreign nationals will be eligible to receive LAFH benefits tax concessions from 1 July 2012, subject to being eligible under the transitional rules.

Those temporary residents who continue to receive LAFH benefits but are not living away from a home in Australia will be taxed on the LAFH allowances. Alternatively, their employers will be liable for Fringe Benefit Tax (“FBT”) on the LAFH benefits provided.

Extension of LAFH Policies to Australian Citizens and Permanent Residents

The budget announcement now extends the limitation on LAFH arrangements to Australian citizens and permanent residents, which is a significant departure from the initial announcement in late 2011.

Tax Treatment of LAFH Benefits

Where a cash LAFH allowance is provided to employees, the allowance will now be taxable income to the individual. However, the individual will be entitled to a deduction in his or her Australian income tax return for accommodation and food costs that can be substantiated.

Where employers reimburse accommodation and food expenses, the expenditure will continue to be taxed as an employer fringe benefit. An FBT exemption for the employer will be available for eligible employees provided the accommodation and food costs can be substantiated.

KPMG Note

Impact for Employers

The LAFH changes will increase the cost of employment in Australia. The following measures should be considered by employers:

• How they will approach the provision of LAFH benefits from today.

• A review of new assignments to help ensure the additional costs are being captured.

• An update of any internal check-lists to determine whether employees will be eligible for the concession.

• What the additional payroll tax and Superannuation Guarantee implications and costs are that will arise on LAFH benefits that do not qualify for the tax concessions.

Other Aspects

It is welcome that the government acknowledged the content of various submissions by concerned parties including transitional measures previously not included. However, it was surprising that the measures were extended to domestic assignments and a shorter time limit imposed than currently in practice.

Source: KPMG

The cap filing total is increasing steadily and continues to outpace the rate of the last two years. At around this time in 2011, USCIS had received roughly 17,500 cap filings, while in 2010 it had received approximately 25,600 cases during a comparable period. The pace at which H-1B filings are now being received continues to confirm that this year’s quota will likely be reached earlier than the FY 2011 and FY 2012 caps. The rate of filing could accelerate further over the next few weeks, as university graduation season begins.

If your organization is planning to petition for H-1B employment in FY 2013, contact your designated Fragomen professional as soon as possible so that cases can be filed promptly.

Fragomen closely monitors the H-1B cap count and will provide further updates as the filing period proceeds. If you have any questions about this Client Alert, please contact your designated Fragomen professional.

As you may have heard profound legal, tax and HR changes have occurred in China and India this year.    In her presentation Daisy will explain the impact of these changes and provide insight into the Asian business environment.  If you would like to attend please email us at: info@birchtreeglobal.com for the registration link.

Space is limited.  

This program is approved for 1 GPHR/SPHR credit.