Poland: New Work Permit Procedure

Recently, the Polish Labor Office introduced a new legislation that modified the work permit application procedures.

This new legislation eliminated the requirement of 'obtaining Promise of Work Permit, based on issued visa.' Now, the Work Permit can be obtained and will be completed at the home country when the foreign national applies for a visa in order to legalize the stay in Poland. Please note however, that a Work Visa or Residence Permit must be obtained first to validate a Work Permit.

The whole procedure is approximately completed within 60 days from the date the complete application packet is submitted.

The Work Permit Validity is now seen to last for maximum of three years. However, authorities advised that in 2009, the permits will only be for 12 months. This is most likely a strategy to transition for the longer validity of the Work Permit.

Intra Company Transfer (ICT) has been simplified by eliminating 'workforce demand step'. The process is shortened for a month after eliminating that particular step.

The following must be met in exchange to the local market information.
a. Foreign national must remain on the payroll of the home country outside Poland
b. There is no employment contract with host entity based in Poland
c. The transfer is done within the same capital group


Observations:
The above procedure will help both the sponsoring company and the visa recipient in regards to timing and simplification of both application process. The ICT is very supportive to the business goals of both the home country company and host country company plus convenience of the employee. The key to success is that all entities involved must be synchronized and compliant to the regulations. Guidance from an experienced professional is essential if you are not certain on the components of the regulations.

For any questions or need guidance about the above changes and procedures, please send to info@jntconsulting.com

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USA: Nonimmigrant TN Visa Proposed Enhancement

In May 2008, the USCIS notified about the Notice of Proposed Rulemaking (NPRM) which intends to increase benefits of visa holders under the TN Nonimmigrant Visa. This type of Visa is provided under the North American Free Trade Agreement (NAFTA) which include Canada and Mexico.

NPRM intends to provide;
1. An increase of a maximum increments up to 3 years to remain in the US by a professional worker from Canada or Mexico. Currently, this is limited to one year and extended each year
2. Dependents of Primary TN Visa Holder will receive the same benefit (applicable to spouses and unmarried, minor children who meet the requirements of the nonimmigrant classifications as NAFTA dependents
3. Professional worker can remain in the United States before seelking readmission or obtaining an extension of stay

TN Nonimmigrant Visa is intended for a professional worker from Canada and Mexico with a minimum of bachelor degree or appropriate professional credentials listed in Appendiz 1603.D.1 to Annex 1603 of the NAFTA and under the DHS regulations at 8 CFR 214.6(c).

Final rule will be provided as soon as USCIS has completed the period required under the Federal Register. Additional information can be found at: http://www.uscis.gov/ and http://www.regulations.gov/

=This proposed regulation will benefit the Employer/Petitioner, the visa holder and dependents enormously. The time and efforts spent on an annual extension of stay will be redirected towards increased productivity in the work environment.

For comments and inquiries please contact:  info@jntconsulting.com 




This is not a legal advice but for informational purposes only.