WORLDWIDE

IMMIGRATION
TRENDS REPORT
2023 Q2 SUPPLEMENT
Impact of Economic and
Political Turmoil
 Table of Contents
Executive summary 3
Section 1: Evolution of Themes 4
Theme 1: Restrictivism update - today’s disruptors shape tomorrow’s 4
immigration policy
Theme 2: Competition for talent update - the shift to skills-based 6
immigration policies
Theme 3: The digital transformation update 9

Section 2: Emerging Trends 13

Mergers and acquisitions and their impact on immigration practices
and polices

Section 3: Appendix 16
Regional updates
⊲ U.S. updates 18
⊲ Europe updates 21
Industries under stress
⊲ Energy 25
⊲ Semiconductors 28
General topics
⊲ Best practices for immigration programs to relieve the growing global 31
worker and skills shortage
⊲ Hybrid work – how labor law and immigration law interact 32
Strategies for Success and Risk Management. A checklist for high-level 33
immigration risk management and strategy planning

Section 4: Sources 36

Evolution of Emerging Strategies for

Appendix Success Checklist
Themes Trends

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 Executive Summary
As central banks attempt to reduce inflation with higher
interest rates, the world is still in the midst of a sharper-than-
expected economic slowdown, with inflation higher than we
have seen in several decades.

“From Melbourne to Manchester to Miami,

people are struggling under the weight of hefty
price increases for the things they buy each
day. The worst spike in inflation that many
advanced economies have seen in decades
underscores the global forces driving prices
higher, namely the disruptions set in motion by
the coronavirus pandemic.”
-From It’s a World of Inflation, NY Times article (July 5, 2023)

As a backdrop to these economic conditions—and

with continued global skills and labor gaps (especially
in technology and other sectors crucial to economic
development)—is a challenging labor market, where
employees are more cautious in their work-related decisions
than in previous months, and employers are clinging
to their skilled and increasingly discerning employees.
Also, as the use of remote work and hybrid work policies
continues to evolve, it leaves affected employees exposed
to serious immigration implications. This environment
leaves organizations struggling to adapt, with immigration
professionals and migration departments now fully integrated
in key organizational decision-making and strategy-building
processes.
Government processing delays remain a key issue as
backlogs are heavy from COVID-related closures; the effects
of which have been compounded by the ongoing Ukrainian
refugee crisis. Despite these setbacks and to encourage
immigration, some governments have deployed creative
measures to ease the work authorization and business travel
processes. For example, skilled occupation lists are replacing
traditional employment-based immigration schemes to access
a new pool of candidates and relieve depressed market
conditions.
As governments are increasing their immigration-related
management and spending and, with that, their compliance-
checking measures, employers have more to track in order to
comply with immigration regulations. This quarter especially,
we note an unprecedented growth in artificial intelligence (AI)
use in government functions. The spike in chat bots, neural
networks and other AI tools is presenting new and unique
challenges in the immigration environment.
This report will help guide mobility professionals and travelers
during this tumultuous era by examining the progression of
the main drivers and themes in immigration policy worldwide,
and projections related to these important factors.

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 Restrictivism update—today’s disruptors
shape tomorrow’s immigration policy

Listen to a summary of the

key points here

The economic downturn, the war in Ukraine and its impacts on the global economy, and the long-term impacts of COVID-19
have created unstable economic and political environments in many countries. In many ways, they have changed the course of
immigration policy. As the world bends to maintain a travel environment that is conducive to global business, immigration policy
has remained reactive in most parts of the world. Governments that fail to shift their policy to keep up with these events are falling
behind economically and politically. Below, we analyze the top four long-term impacts of these disruptors on travel and immigration
policy. Understanding the basis of these impacts will help those interested in immigration policy to project when, why and how future
immigration policy changes could occur.

Employers and governments will adopt fast policy making. A travel testing or on-arrival health checks) will allow governments
central crisis management unit focused on proactive strategy to research and prepare for the spread of a virus or new
building proved to be arguably the most important part of a variant, with limited effects on the country’s economy. The use
company’s rebuilding efforts during COVID-19. of quarantines during the COVID-19 pandemic was novel and
is likely to be used when necessary (whether mandatory or
⊲ Quick policy decision-marking in organizations was
optional). Quarantines have already been implemented in a non-
necessary for business survival, but it was also necessary
COVID-19 situation in Oman, which in April 2023, temporarily
for personal safety in many cases. Prepared organizations
required individuals arriving from countries affected by the
were able to gather data and move people to safer
Marburg virus to isolate themselves upon entry if they showed
locations quickly in the face of volatile travel rules. Those
symptoms.
that did not have a central decision-making team learned a
valuable lesson. Technology will bring benefits, but also compliance
responsibilities, to employers. At the height of the pandemic
⊲ In terms of reactive policymaking by governments,
and thereafter, companies realized how important it was
the precedent set by the exemptions to strict entry
to access critical information on their employees, including
requirements for essential workers during COVID-19 will
their location, citizenship and any other immigration record
serve as a blueprint for reactive action plans and quick
relevant to workforce planning, relocation or evacuation. The
policy creation in times of global and other emergencies
locating, tracking and information maintenance technologies
(for more information on such concessions, see the Q2
that came out of COVID-19 will remain key not only in times of
2022 edition of this report). These exemptions highlighted
health emergencies, but also during political disruptions and
to governments the possibility for the quick deployment of
sudden events that create safety concerns, and for longer-
individuals with critical medical, technical, tactical or other
term strategies that require helping employees leave unsafe
unique skills—without the typical prolonged analysis that
or unstable locations. On a more practical day-to-day basis,
precedes new immigration policy roll out.
pre-travel authorization and tracking technology also helps
Health-related rules will become more common. We can now companies avoid noncompliance with immigration and other
expect governments to implement limited temporary health laws, especially important in this era of remote work, gig work
rules in future global health emergencies. Prior to the COVID-19 and shorter-term work.
pandemic, health rules in immigration policy were far and few
between and limited to specific virus vaccinations, mostly in
African countries. More widespread health rules (such as pre-

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The tracking platform that stemmed from efforts to contain the
COVID-19 pandemic allowed companies to create initiatives
around business travel compliance which will have a lasting
legacy across organizations. Lastly, on a more analytical scale,
location databases help employers access data-informed insights
to guide the development of protocols based on trends across
their workforces. For example, digital health apps have been
developed to help manage health records needed for safe return-
to-work policies and ensure appropriate home support, if needed,
while preserving data privacy. Conversely, COVID-induced digital
systems have pushed compliance and monitoring responsibilities
to employers, where government actors were previously in charge
of checking for violations. This shift will be a lasting trend that will
ultimately help employers reduce overt violations of immigration
laws.
Employers need to be better prepared for delays that could
stem from global events. The crises of the last few quarters
have created long-term government processing delays that
impact companies’ plans to send employees abroad for short-
and long-term assignments. Immigration departments, like
many government agencies, are often under-resourced and
underfunded, and exposed to operational disruptions during
global events. Any unusual world events (such as influxes of any
category of immigrant, tourist rushes, or political upheaval or war)
can prolong government processing times or interrupt service
indefinitely. Organizations that start to plan assignments earlier
(especially for key employees essential to business continuity) and
that have contingency measures to manage delayed start dates
will fare better in the face of unexpected events. Additionally,
improving the maintenance of workforce data can support faster
moves in times of emergencies, and can reduce delays that stem
from the employer.

Noteworthy Considerations
⊲ Be transparent about talent acquisition decisions in response
to the economic downturn. Let your employees know how
the economy has impacted the roadmap and reinforce your
company’s commitment to plan for success over the upcoming
year(s).

⊲ Enlist recruiters and hiring managers’ support to re-assess start

dates in light of continued government application processing
backlogs. Craft or review your business contingency plan or policy
to address “parking” affected employees in the home country.
Establish cancellation parameters: At what point should your
business reassess the business travel need if the delay is too
long?

⊲ Establish a crisis management group if you do not already have

one to:
1. Identify a point-person or group to make quick decisions in
case of a crisis
2. Evaluate potential crisis scenarios, including potential
responses
3. Establish strategies for both internal and external
communications during a crisis
4. Periodically review your crisis management strategy

To discuss these and other key action items,

contact your Fragomen professional.

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 Competition for talent update—the shift
to skills-based immigration policies
Listen to a summary of the The drivers of the shift to skills-based programs
key points here in immigration policy

A confluence of factors—from the Great Reshuffle to other COVID-19 pandemic

aftereffects, to the emergence of newer industries—have led to a significant
shortage of skilled workers in many countries.

-Image from Financial Times, July 4, 2023 Europe Express article

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As a result, countries such as Australia, Germany and the For example, in New Zealand, foreign nationals seeking
United Kingdom have been revising and creating skills-based to immigrate under the Skilled Migrant Category submit
immigration programs, shifting away from traditional-employer an Expression of Interest. From there, the government
led occupation-based programs to fill their current talent invites promising applicants to apply for the visa based
needs. The key drivers of this policy change include: on national needs. The EU Talent Pool initiative creates
a similar pool of candidates who are ready to be hired.
⊲ High-growth industries have worker shortages. One
(Although the EU Talent Pool is currently only in use
of the main drivers for the shift towards skills-based
for those fleeing the Ukraine war, there is a proposal to
immigration systems is that high-growth industries,
expand the program to all individuals seeking jobs in the
including technology and the semiconductor industry,
European Union.)
require workers to have specific skills that can be
acquired through experience, credentialing and on-
the-job or vocational training—pathways that are not
always valued by traditional immigration systems (where
academic degrees still hold the most clout). For example,
in the United States, the H-1B visa is the most popular
way to obtain foreign workers in the tech field. Yet this
visa requires a bachelor’s degree or its equivalent. This
rigid framework automatically disqualifies many workers
who may otherwise have the potential to fill much
sought-after skills.

“Hiring for skills is five times more

predictive of job performance than
hiring for education.”
Quote from World Economic Forum, Building a Common
Language for Skills at Work A Global Taxonomy (January
2021)
A World Economic Forum study found that only half
of the surveyed countries’ working populations were
employed in roles that were well-matched to their formal
education level, leading to workforce underutilization.
This data shows that not only is a U.S.-type immigration
system not optimal for meeting employers’ skills
requirements, but it also demonstrates that there is
untapped potential within the workforce that could
increase productivity. Conversely, countries that are
successfully attracting workers to the technology
industry, for example, have specific programs geared at
attracting specific skills – in lieu of or in addition to an
academic degree requirement.
⊲ Traditional immigration systems are slow and create
a lag time in hiring. In traditional immigration systems,
employers seeking to hire a foreign candidate to fill a
job opening must typically jump through a number of
hoops designed to protect the local market, including
advertising the position to demonstrate that the
candidate’s skills and background are unique and
cannot be sourced locally; and evaluating qualified
candidates. Only then are they able to initiate the visa
and work permit process, which is lengthy and can lead
to unpredictable results. On the other hand, a skill-
based system allows employers to hire workers faster
as the system will have already identified a group of
qualified candidates through an independent process.
⊲ Government decisions, allotments and assessments
lack flexibility. Many immigration systems only
contemplate visa allotments for either highly skilled
workers with degrees or for temporary seasonal workers,
with large gaps of labor needs falling somewhere in
the middle. In Switzerland, the government only allows
individuals from non-EU countries to work if they are
“highly qualified,” hold a university degree and have
professional work experience. This had resulted in more
than 120,000 job vacancies by the end of 2020—a
number not seen since 2003. Governments using a
skill-based system that identifies labor shortages are
better aligned to employers’ talent needs and can
grant concessions if skills are not available in the local
workforce. Further, allowing consular exceptions based
on employers’ needs is virtually unheard of under
current standards. However, employers with a dire need
for specific types of skills see these critical positions
go unfilled and important projects delayed as a result.
Countries that provide consular officers with increased
discretionary authority for specific cases with a proven
need and a parallel lack of candidates are in a better
position to benefit their economy.
⊲ Gig workers are on the rise. As employers hire uniquely
skilled gig workers to staff specific projects, a more
generalized degree—an indicator of skill in more
traditional immigration systems—no longer suffices as
an accurate measure of a candidate’s suitability for a
position. Instead, employers will want to know that a
candidate for gig work has acquired experience and
skills from working on similar projects in the past.

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 Check our feature in the Appendix, where we examine some best practices for how immigration
programs can account for skills while tapping into more candidate pools to relieve the growing global
worker and skills shortage.

Noteworthy Considerations
⊲ If your company is affected by layoffs, consider how this may impact immigration compliance.

⊲ If your company is affected by talent shortages, review the job descriptions and qualifications for your
open positions to attract the right talent and expand your talent pool. Keep remote or hybrid opportunities
to access a wider pool of candidates, if this fits your companies’ goals. However, remember to seek
immigration counsel to ensure the arrangements comply with applicable law.

⊲ Consider whether current employees are given the same opportunities for remote or hybrid work as are
potential new hires — and if not, how this may impact retention goals. What policies are in place to ensure
equal treatment when some of these new benefits are only offered to attract new talent?

To discuss these and other key action items, contact your Fragomen professional.

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 The digital transformation continues

Online systems continue to grow

Listen to a summary of the
Digital transformation continues to accelerate around the
key points here
world. Systems are becoming more sophisticated and
inter-operability of online systems with other government
departments is increasing. One of the online systems with
the most focus and media attention is the European Travel
Information and Authorization System (ETIAS), set to be
implemented in 2024 (no date has been specified). For a
thorough discussion on this topic, click here.
The end-of-year edition of this report will cover other
important updates about online system development.

AI in immigration policy: Vast possibilities

despite significant risks
The adoption of Artificial Intelligence (AI) in immigration
processes by governments worldwide is proving
transformative, offering unprecedented efficiency and
precision in tasks traditionally managed by human operators.
Key examples include:
⊲ AI-assisted decisions making:
– Canada has been using AI to assist with some
portions of decision-making processes related to
immigration and visa applications.
⊲ Chatbot-powered help with immigration applications:
– The chatbot Kamu, in Finland
– The chatbot Tara, in Ireland
⊲ AI-based document and application validation:
– Portugal’s tool is used to help validate documents
for nationality processes (and many other European
countries use similar processes).
– Sweden’s system that cross-checks application
information and issues approvals if all requirements
are met. (Norway and Finland are planning similar
projects).
– Latvia’s automatic speech recognition tool is used
to verify knowledge and language proficiency for
citizenship applicants.
However, the advantages of AI use in immigration come
with a unique set of challenges. As an increasing number
of countries and territories incorporate AI systems into their
immigration procedures, they find themselves grappling with
potential issues such as ensuring the accuracy of information,
preventing biases, maintaining transparency in processes,
ensuring data privacy and upholding accountability for errors.

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⊲ Biases in AI systems. The United Nations Committee
on the Elimination of Racial Discrimination has further
warned that AI and facial recognition technologies could
reinforce racial bias and xenophobia, leading to human
rights violations. The committee also highlighted the risk
of AI systems perpetuating existing biases if trained on
inherently biased data. Furthermore, potential biases
don’t just involve race or ethnicity, but can also extend
to geographical disparities. For instance, individuals
residing in technologically advanced countries or regions
may have an undue advantage, such as facilitated access
to appointment scheduling that will not be available to
others.
⊲ Transparency and accountability. In Canada, the use
of AI in immigration has sparked concerns regarding
transparency, accountability and the potential system
exploitation. Technical challenges, such as faulty data
used for AI training or issues in system upkeep, can
affect the precision and dependability of AI. A notable
concern is the absence of human decision-makers.
This lack of the human touch (and lack of sourcing
information in AI-produced text, known as the ‘black
box’) can complicate the process of challenging or
appealing decisions. Appellants may not be able to
identify or recover the information on which decisions
were based, leaving them without the ability to challenge
interpretations or sources of information. Moreover,
it introduces accountability issues, as pinpointing
responsibility becomes difficult when mistakes occur. It is
Maintaining the human touch
crucial to address these concerns to preserve trust in the
immigration system.
“Although the impact of AI on the labor
⊲ Data privacy and other ethical concerns. AI is also being
used for border management, with Greece, Hungary and
market is likely to be significant, most jobs
Latvia having tested iBorderCtrl/iCross, a system that and industries are only partially exposed
analyses micro-gestures to assess truthfulness that was to automation and are thus more likely to
discontinued due to ethical concerns. Additionally, AI
tools are being used in refugee integration projects, crisis
be complemented rather than substituted
detection, speech recognition in asylum procedures, by AI…most workers are employed in
and identity fraud detection. The use of AI in immigration occupations that are partially-exposed to
processes, however, particularly in automated border
control systems, has raised data privacy concerns. The
AI automation and, following AI adoption,
use of biometric data, such as facial recognition, in will likely apply at least some of their
these systems has led to debates about the protection freed-up capacity toward productive
of personal data and the potential misuse of this data.
activities that increase output.”
Though some government agencies are attempting to
protect against their vulnerabilities because of the rise -From March 2023 Goldman Sachs report
of AI in their systems (as well as adversarial attacks
against their systems), this is an area that requires further
While AI holds the promise of streamlining and enhancing
development.
efficiency, it is crucial to address the accompanying risks and
⊲ Racial bias. In the United Kingdom, the Home Office’s ethical dilemmas. A key to mitigate these challenges lies in
use of an algorithm to streamline visa applications was preserving the human touch within immigration processes.
accused of racial bias. The system was designed to This human-centric approach can be kept and implemented
grade applications as green, yellow or red, and it was at various levels, from government agencies ensuring that
found that it discriminated against applicants from certain human oversight remains integral to AI-powered processes,
countries by design. to companies engaging professional immigration services
that leverage the human element.

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These professionals serve as a bridge between applicants
and the immigration interfaces established by governments,
be it a human immigration officer or an AI interface. They
offer alternative solutions and draw upon their experience
when complications arise, playing a crucial role in advocating
against potential algorithmic biases and providing case-
specific assistance. Human involvement enhances the user
experience, verifies the accuracy of information provided
by chatbots, and steps in to handle complex queries that
may exceed the capabilities of AI. Furthermore, these
professionals are instrumental in advising on data privacy
rights and advocating for individuals in cases of potential
biases, such as those that may arise from facial recognition
technologies. They also provide guidance on understanding
surveillance rules and norms, thereby safeguarding against
potential privacy infringements and discrimination.
In essence, while AI brings immense potential to revolutionize
immigration processes, humans remain essential to ensure
these technologies are employed responsibly and ethically.
As employers work to see how their businesses can benefit
from AI, they will need workers to fill in skills gaps created by
this new technology.
“By 2025, 85 million jobs may be
displaced by a shift in the division of
labour between humans and machines,
while 97 million new roles may emerge
that are more adapted to the new division
of labour between humans, machines and
algorithms.”
-World Economic Forum’s 2020 Future of Jobs report
Even as we redesign immigration process workflows to
harness the power of AI, the careful guidance of humans
remains indispensable to train employees to use AI, to check
decisions made by AI (as a supervisory function), and to
explain and manage the various risks associated with AI.
What’s next? – AI regulation under the
microscope
As governments and industry leaders contemplate AI
regulation, the potential implications for immigration policies
are vast. The future of AI regulation could take several forms,
each with its own strengths and challenges. However, the
path to consensus may prove difficult given the divergent
interests and the absence of a unified definition of AI. For
example, OpenAI, the non-profit startup behind ChatGPT, is
currently advocating for ‘light-touch’ regulations, while the
European Union is advocating for a more stringent control.
⊲ New agencies vs. expanded mandates. AI regulation
will significantly influence future rules and limits affecting
immigration processes. On one hand, certain groups
1 Evolution
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have suggested the formation of new federal agencies
dedicated to AI regulation as a possibility. While this
approach provides a focused platform for AI oversight,
it risks undue influence from the tech industry due to
close interactions, potentially leading to a bias towards
industry interests that may not align with broader
societal needs.
On the other hand, some propose empowering existing
agencies to enforce accountability in the AI sector.
This could involve expanding their mandate to include
AI-related issues and providing them with necessary
resources and expertise. This approach could utilize
the existing infrastructure and experience of these
agencies, offering a more balanced and integrated
regulatory framework. It could also involve the adoption
of comprehensive human rights laws at the outset.
However, it is likely that already over-worked and
under-staffed immigration agencies would not have the
time or funds available to properly regulate AI use in its
agencies.
⊲ Frontrunning AI regulation.
– China is seen as a global frontrunner in AI
regulation, having established a comprehensive
series of rules and laws governing AI. This
approach involves tighter government control, the
creation of hybrid corporate entities linked with the
Chinese Communist Party and initiatives to boost
public trust in AI. Moving forward, China is expected
to maintain its proactive stance, focusing on
mitigating AI risks and ensuring societal benefits.
Examples of existing AI regulations in China include
the National Privacy Law, which safeguards data
privacy and regulates the collection, storage, and
use of personal information; and the Code of Ethics
for New-generation Artificial Intelligence, which
sets ethical standards for AI development and use.
Additionally, Deepfake Regulations have been
implemented to protect against AI-generated fake
videos or audio. Recently, Chinese officials have
been preparing to release a new set of regulations
covering generative AI, building upon the deepfake
rules released in 2022.
– In the European Union, the proposed AI Act would
regulate AI systems based on the harm they can
cause, for instance by making impact assessments
mandatory for the most risky ones. However, since
the bill needs to pass various EU agency reviews, it
is not expected to come into effect before 2025.
The chosen direction of AI regulation—and the individuals
guiding the regulating principles—will profoundly influence
the evolution and application of AI in immigration, as well as
wider societal repercussions. We will continue to monitor the
progress of AI in immigration and the related regulations, in
future editions of this report.
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 Noteworthy Considerations
⊲ Evaluate your use of tech-based tracking platforms to keep employees
compliant with immigration laws.

⊲ Be mindful of the limitations of developing digital processes and platforms;

remind your employees to print out e-confirmations and carry them on their
trip to mitigate potential digital access failure.

⊲ For employers with remote or hybrid work arrangements, consult your

immigration professional as this is an area with growing regulatory
requirements.

To discuss these and other key action items, contact your

Fragomen professional.

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 SECTION 2:
EMERGING TRENDS

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 The trend: Mergers and acquisitions
in the post-COVID era – immigration
policy implications
Listen to a summary of the
key points here
Globally, companies responded and recovered from
pandemic conditions by implementing business
changes, and mergers and acquisitions played an
instrumental role in this journey.
In 2021, against the backdrop of the most challenging
conditions that the COVID-19 pandemic presented,
corporations and private equity firms spent an
unprecedented $5 trillion on mergers and acquisitions,
the highest threshold of activity ever recorded. A
record 62,600 deals were announced, approximately
25% more than in 2020.
What’s next?
As we move toward a post-pandemic world, companies
may look to mergers and acquisitions to address
strategic needs to expand markets, accelerate change,
fill talent gaps and capture market leadership. Beyond
2023, deal-making may accelerate. Companies with
strong capitalization could drive corporate acquisitions
in their core businesses despite an economic
downturn; private equity firms may seek to monetize
their portfolio holdings in the near term once the
financing markets stabilize; and companies around the
world may invest more internationally to fortify supply
chains.
History as an indicator of this activity
A 2023 Bain & Company Global M&A Report examined
the acquisition activity of 2,845 companies from
around the world during the global financial crisis
and economic downturn of 2008-2009. It found that
companies that executed at least one deal per year
during the economic downturn earned 120 basis points
more in total shareholder returns than companies that
were inactive in mergers and acquisitions. Surveying
around 300 executives globally about their outlook
and priorities for deal-making in 2023, the study found
that respondents anticipate closing a similar number
of deals, if not more, in 2023, encouraged by more
attractive asset availability and decreased competition.
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Sectors hard-hit by the pandemic such as aviation,
automotive, retail and hospitality, merged to
survive and maintain their market position. Other
sectors including health, shipping, technology, and
telecommunications, experienced a boost in demand
and initiated major merger transactions to increase
revenues and capture new markets.
However, the market slowed in the second half of
2022 and into 2023 as conditions rapidly evolved and
macroeconomic challenges caused a rise in commodity
prices, inflationary pressures, talent shortages and
waves of layoffs from big tech to financial services.
Further geopolitical risks, including the war in Ukraine,
hindered deal making. Even though macroeconomic
and geopolitical headwinds battered the market, there
were still 39 megadeals over USD 10bn announced in
2022.
What does this mean for companies and
the immigration-supported employee
population?
Corporate restructurings often trigger substantial
immigration compliance obligations in most countries
and may impact whether a company can continue to
employ foreign employees and whether foreign nationals
can continue working in the country. Key aspects that
can trigger immigration compliance are discussed below:
⊲ Quota compliance and capitalization levels.
One of the most important aspects of corporate
changes like mergers and acquisitions, is whether
the sponsoring company continues to meet visa
quota allocations for all foreign employees. Similarly,
in some countries and for certain types of work
authorization, local entities must meet minimum
capitalization levels to sponsor foreign nationals and
provide financial statements as proof. Newly formed
companies resulting from corporate restructures
may need to comply with capitalization requirements
to sponsor foreign employees.
⊲ Sponsorship and role contingencies. Many
employment-based visa holders are restricted to
working for the company that obtained authorization
to employ them, and for a specific position. In most
countries, corporate reorganization will require
specific actions to ensure these individuals and their
employer remain compliant with immigration laws.
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 As part of their planning, companies will need ⊲ Sponsor licenses. In many countries, local
to understand the business plans for these visa companies require a registration or a local
holders, including any planned changes in their “sponsor license” to employ foreign employees.
employing entity, role or job location. Significant Sponsor licenses are typically not transferrable
changes in the conditions of employment, between organizations; therefore, in corporate
including a change in employing entity, worksite transactions, businesses need to take action to
location, or position as the result of reorganization remain compliant as a sponsor to avoid the risk
may trigger compliance actions and impact the of having sponsor licenses being downgraded or
timing requirements of such actions. For example, revoked. For example, in the United Kingdom,
in the United States, a fundamental requirement how a corporate transaction impacts sponsor
of the L-1 intracompany transferees category licenses typically depends on whether there is a
rests on the corporate relationship between the change of ownership; if a controlling number of
foreign national’s previous employer abroad and shares in the business are sold; if a company is
their current U.S. sponsoring employer, which partly or wholly taken over by another business;
cannot always be preserved through corporate and whether the business is split into separate
reorganization. Certain deal structures that alter legal entities.
this corporate relationship risk the preservation of
⊲ Travel. Companies and foreign nationals should
L-1 status eligibility.
identify any critical business travel, as there may
⊲ Notifications. Corporate transactions may prompt be periods of time following a deal closing where
requirements to report certain changes relating international travel may be complicated by the
to the circumstances of sponsored foreign employment change.
employees within specific timeframes. These may
These are just a few potential immigration implications
include new work locations, a change in payroll
of corporate restructures. Companies should work with
entities, and end-of-sponsorship if employees
their immigration providers to identify potential risks in
end their employment relationship during the
the immigration context early in the process, as part of
transaction, among other reporting rules. In
due diligence. Early consideration of the immigration
many countries, a variety of employment-based
scope in multinational transactions allows businesses
status classifications require approval of an
to properly assess outcomes and adjust terms where
amendment or change of employer before the
needed to meet the ultimate goals of the deal.
foreign employee may start with a new employer.
Some changes even require new immigration
applications, which can take a significant amount
of time in some cases.

Please complete this 2-question

survey about this report.

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Trends 3 Appendix 4 Sources © 2023 Fragomen, Del Rey, Bernsen & Loewy, LLP,
Fragomen Global LLP and affiliates. All Rights Reserved. 15
 3

SECTION 3:
APPENDIX

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Fragomen Global LLP and affiliates. All Rights Reserved. 16
 Regional updates
⊲ United States
⊲ Europe

Industries under stress

⊲ Energy
⊲ Semiconductors

General topics
⊲ Best practices for governments to relieve worker and skills shortages
⊲ Hybrid work – how labor law and immigration law interact

Strategies for success checklist

1 Evolution
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Trends 3 Appendix 4 Sources © 2023 Fragomen, Del Rey, Bernsen & Loewy, LLP,
Fragomen Global LLP and affiliates. All Rights Reserved. 17
Form I-9 flexibilities and have not already undertaken physical
document inspection should begin physical inspections as
soon as practicable in anticipation of the end of the 30-day
grace period on August 30.
Employers that are enrolled in E-Verify and in good standing,
however, may qualify to use a new, alternative Form I-9
document inspection process that became effective on
August 1. Under a new ICE regulation, these employers
may now remotely inspect I-9 documentation according to
specific procedures outlined in the rule. This new alternative
procedure may be used by qualifying employers to satisfy
the physical inspection requirement applicable to employers
who were relying on the COVID-19 flexibilities, as well as to
complete the I-9 process for new employees hired on or after
August 1, 2023.
H-1B and L-1 updates
This year, U.S. Citizenship and Immigration Services
(USCIS) received a record total of 758,994 eligible H-1B
cap registrations for fiscal year 2024—a 60% increase over
last year’s eligible registration pool. USCIS selected 110,791
registrations to reach the H-1B quota of 85,000, for an
overall selection rate of 14%. In July 2023, USCIS selected
an additional 77,609 registrations in the second H-1B lottery
drawing, bringing the total number of selections to date
for FY 2024 to 188,400, and the overall selection rate for
eligible registrations to 24.8%. By contrast, during the FY
2023 cap season, the overall selection rate was 26.9%.
USCIS reports that 408,891 registrations were submitted on
behalf of individuals who were the beneficiaries of multiple
registrations, raising concerns about potential misuse of
the H-1B cap registration system. As a result, USCIS has
continued to conduct fraud investigations, deny and revoke
petitions, and make law enforcement referrals for criminal
prosecution.
The low rate of lottery selection has caused concern in the
business community, with many employers left unable to
meet their H-1B employment needs. Whether the agency
will conduct a third lottery selection for FY 2024 will depend
on how many H-1B petitions are submitted to USCIS by
employers with registrations selected in the second drawing.
If any additional lottery drawings are held, the final selection
rate for FY 2024 will ultimately be greater than the current
24.8% selection rate. During the FY 2021 and 2022 cap
seasons, USCIS conducted multiple selections to reach the
cap, but did not do so during the FY 2023 season.
USCIS has delayed to March 2024 the implementation
of a final rule to raise filing costs for many immigration
benefit petitions and applicants. The agency’s proposed fee
schedule, published in January of this year, sought significant
increases for many employment-based procedures, including
increasing the base H-1B petition fee by 70% and the L-1
petition fee by 201%, and instituting a new program fee that
would be paid by all employers filing Form I-129 nonimmigrant
petitions (for any nonimmigrant visa classification) and Form
I-140 immigrant visa petitions. The plan also included a
substantial increase to the H-1B registration fee. While it is
not yet known whether the final rule modifies the significant
fee increases proposed earlier this year, employers should
consider these potentially higher costs in budget planning for
the coming fiscal year.
1 Evolution
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H-4, L-2, and E derivative applicants
USCIS extended until September 30, 2023 its suspension of
the biometrics collection requirement for applicants seeking
H-4, L-2, and E derivative changes of status and extensions of
stay on Form I-539. The agency also plans to establish in the
coming months a permanent exemption of this requirement.
The biometrics suspension should continue to alleviate some
of the processing backlogs facing I-539 applicants as well
as for corresponding work authorization that depends on
obtaining spousal nonimmigrant status.
What’s next for H-1Bs and L-1s?
⊲ H-1B program modernization. DHS continues to pursue
a proposed rule to amend aspects of the H-1B category.
The rule is expected to redefine the H-1B employer-
employee relationship and provide flexibility for start-up
entrepreneurs, establish regulations and guidelines for
the longstanding Fraud Detection and National Security
(FDNS) site visit program, and further clarify cap-gap
benefits for F-1 students awaiting a change of status to
H-1B.
The agency also intends to provide limited flexibility
concerning employment start dates listed on petitions;
clarify when a material change to H-1B employment
occurs, necessitating an amended petition; and
streamline the required notification to USCIS when an
H-1B employee changes to a new worksite location.
The regulation is also expected to increase anti-fraud
safeguards in the H-1B registration system. The proposed
regulation was slated for publication in October 2023 but
has been rescheduled for December 2023.
⊲ H-1B / L-1 dependent employer fees. U.S. Customs and
Border Protection (CBP) continues to pursue a proposed
rule that would apply the $4,000 or $4,500 border
security fee to all H-1B and L-1 extension petitions filed
by employers subject to the law, instead of only to their
initial H-1B and L-1 petitions. The border security fees are
paid by certain employers of H-1B and L-1 nonimmigrant
workers who employ 50 or more employees in the
United States and more than 50% of these employees
are in H-1B or L-1 status. The proposal is slated for
publication in December 2023.
⊲ Prevailing wage increases delayed further. The
Department of Labor (DOL) has deferred its plans to
move ahead with a proposed rule to raise prevailing
wage rates for the H-1B, H-1B1, E-3 and PERM programs.
The proposal now appears on the agency’s long-term
agenda, with a scheduled publication date of June 2024.
Following a federal court’s invalidation of a prevailing
wage rule that had been scheduled to take effect in
November 2022, DOL began promulgating a new
prevailing wage regulation, based in part on feedback it
received in a request for public comments conducted in
2021.
⊲ Long-term L-1 plans no longer on agenda. USCIS has
removed its long-term plan to propose amendments
to the L-1 regulations that would revise the definition
of specialized knowledge, clarify the definition of
“employment” and “employer-employee relationship,”
and potentially impose wage requirements in the L-1
4 Sources © 2023 Fragomen, Del Rey, Bernsen & Loewy, LLP,
Fragomen Global LLP and affiliates. All Rights Reserved. 19
 category. This L-1 rule no longer appears on either the
USCIS current or long-term agenda.
Other updates affecting business
immigration
The following are other process and policy changes this
quarter.
⊲ PERM applications. On June 1, 2023, the Department of
Labor transitioned online PERM application filings from
its legacy PERM portal to the FLAG system, using a new
version of the Form ETA 9089, Application for Permanent
Employment Certification. The FLAG system was already
in use for Prevailing Wage Determination requests and
nonimmigration Labor Condition Applications (LCAs). As
a result of the revisions to the PERM application form,
employers and sponsored foreign workers may be asked
to provide more detailed information in several key
areas, which increases the time it takes to prepare and
review PERM applications before submission.
DOL also indicated that it would not begin processing
new PERM applications filed through the FLAG system
until it had completed processing of pipeline cases
pending in the legacy PERM portal. As such, applications
filed using the new form may take longer to process than
usual, and are not expected to be adjudicated until next
year.
⊲ Premium Processing expansion. In March 2023, USCIS
began expanding premium processing in phases to
certain F-1 students with pending and initial Form I-765
OPT and STEM OPT applications. In June 2023, USCIS
expanded the premium processing service, in phases,
to certain applicants seeking to change their status to F,
M, or J on Form I-539. USCIS is expected to announce
further premium processing expansion for applicants
seeking to change to other nonimmigrant categories on
Form I-539, as well as those seeking to extend certain
types of nonimmigrant status. The agency has not
provided a specific timeline for further expansions.
Humanitarian immigration programs and
related work authorization
This quarter, the Biden administration extended the
Temporary Protected Status (TPS) designation for El Salvador,
Honduras, Nepal and Nicaragua, and withdrew a Trump-era
plan to terminate TPS designations for these four countries.
Employers should continue to be able to employ those
currently possessing work authorization under the program.
Following President Biden’s approval of a two-year extension
and expansion of Deferred Enforced Departure (DED)
for Hong Kong residents earlier this year, in May 2023,
USCIS published a notice defining the eligibility criteria
for the extended and expanded program and the related
employment authorization document and advance parole
application process. The DED extension and redesignation
provides eligible Hong Kong residents with temporary
protection from removal and eligibility for employment
authorization in the United States through February 5, 2025.
Companies may employ those currently possessing work
authorization or those newly eligible under this program.
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What’s next in the United States?
In addition to the above, we anticipate the following
forthcoming changes to regulations and rules, as detailed in
the immigration agencies’ spring regulatory plans. Proposed
regulations generally can only be implemented after they are
published for public feedback, fully reviewed, and finalized
by the federal government. The normal rulemaking process
takes at least several months.
⊲ Green card processing.
– Adjustment of status process changes. DHS
continues to pursue a proposed rule that would
make changes to the process for adjustment of
status to permanent residence. The proposal is
anticipated to address the transfer of the underlying
basis of an application to adjust status, changes to
the way a child’s age is calculated for age-out relief
under the Child Status Protection Act, Temporary
Protected Status travel authorization and its impact
on eligibility to adjust status, and employment
authorization for derivative beneficiaries who are
awaiting immigrant visa availability and demonstrate
compelling circumstances. The proposal is slated
for publication in December 2023.
– Waiver of in-person requirement for immigrant
visas. The State Department plans to issue a final
rule that would permit a waiver of the requirement
for immigrant visa applicants to appear before a
consular officer to be interviewed and to execute
their application in person. Details of the rule,
including parameters of waiver eligibility, are
not available at this time. The rule is slated for
publication in October 2023.
⊲ J-1 intern and trainee program. The State Department
plans to publish a proposed rule that would update the
J-1 intern and trainee program rules. The proposal is
tentatively slated for release in January 2024 and further
details would be available upon its release.
⊲ USCIS filing fee increase. As noted earlier, USCIS
has delayed until March 2024 a final regulation which
would increase filing costs for many immigration benefit
petitioners and applicants, and particularly steeply
for employment-based petitioners. The proposed
version of the rule would raise base filing fees for most
employment-based immigration benefits and institute a
new program fee that would be paid by all employers
filing Form I-129 nonimmigrant petitions (for certain
nonimmigrant visa classifications) and Form I-140
immigrant visa petitions. It is not yet known whether the
final rule modifies the significant fee increases included
in the proposed rule.
⊲ State Department public charge proposal. The State
Department has delayed a proposed rule regarding the
public charge ground of inadmissibility. The proposal is
likely to largely mirror the DHS public charge rule that
went into effect on December 23, 2022. The public
charge proposal is slated for April 2024, delayed from
January 2023.
4 Sources © 2023 Fragomen, Del Rey, Bernsen & Loewy, LLP,
Fragomen Global LLP and affiliates. All Rights Reserved. 20
2. A growing trend: increased migration
spending
The increased focus on external border and irregular
migration management has translated into a rise in migration
spending at the national and European levels. Key examples
of spending patterns are discussed below:
⊲ National migration budgets increased. France and
Spain have increased the budgets for their immigration
authorities by 6% and 29%, respectively, from 2022 to
2023. France will increase spending on administration,
public service, digitalisation of the Ministry of Interior and
Overseas, as well as emergency accommodation abroad
and increased capacity of administrative detention
centres. EUR 630 million of the increased budget for
migration in Spain will change the finance model related
to the Humanitarian Care Programme.
⊲ New national migration authorities established. Greece,
Georgia and Portugal established new immigration
authorities, pointing to an interest in increasing and
directing funding towards migration management efforts.
Greece created the position of Fundamental Rights
Officer and a Special Fundamental Rights Compliance
Committee within the migration authority, responsible
for monitoring the treatment of third country nationals
and persons under international protection during the
reception process. The State Commission on Migration
Issues was established in Georgia in mid-2022 to
prepare proposals and recommendations in the field
of migration (promotion of regular migration, control of
irregular migration). In Portugal, the new authority has a
broader reach and is charged with border management,
issuing documents and migration and asylum policy
implementation at the EU level.
⊲ Frontex’s budget continues to increase. Frontex, the
EU border guard agency, already has the largest budget
(EUR 5.6 billion for 2021-2027) of all EU agencies and
has continually seen increased funding due to a growing
scope of responsibility and increased pressure to control
migration into the European Union.
⊲ Additional budget for reception and integration efforts.
The Asylum, Migration and Integration Fund (AMIF)
has tripled its funds between the former and current
financial period (EUR 9.9 billion 2021-2027, compared
to EUR 3.137 billion 2014-2020). The United Kingdom
has increased aid spent on UK-based refugees by
over 25% between 2016 and 2022 largely to ensure
the provision of basic rights such as shelter and food.
Similarly, Belgium granted EUR 20 million to cover the
cost of emergency accommodation for asylum seekers in
Brussels.
⊲ Financial support for Ukrainian refugees. Overall, a
total of EUR 72 billion has been dedicated to Ukrainian
refugees by the European Union and EU Member
States since the beginning of the war in February
2022. Notably, EUR 17 billion on refugee support
within the European Union included expenditures on
1 Evolution
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Trends 3 Appendix
implementation of the Temporary Protection Directive,
integration efforts through AMIF for urgent needs
such as healthcare, shelter, education and childcare,
as well as technical assistance and support for border
management.
⊲ EU funding for irregular migration management by
third countries. In June 2023, the European Union
offered Tunisia over EUR 1 billion to support the country’s
economy and specific grants of up to EUR 105 million
to bolster Tunisia’s border management network. In the
past, EU agencies have used similar financial incentives
to encourage third countries, in particular those
bordering or in close proximity to EU external borders, to
increase their own national border management activities
with the aim of halting irregular arrivals of third country
nationals in EU countries (e.g. the EU-Turkey Agreement
in 2016).
What’s next?
Going forward, we expect increased migration budgets at
the EU and national level and increasing urgency from EU
countries to overhaul asylum rules and their distribution
across the European Union. Funding for efforts like this
are likely to increase in times of increased nationalistic/
restrictionist political campaigns and platforms. Key specific
projections include:
⊲ Forthcoming digitization of borders. New systems
to monitor and control migration will be launched in
the region in the next 12 months such as the United
Kingdom’s ETA and European Union’s ETIAS/EES.
Further into the future, as the use and quality of
technology improves and AI systems grow in scope and
sophistication, we expect to see migration agencies
and governments investing a great amount of funds to
streamline immigration processes and reduce human
resources (see the AI section of this report in the Digital
Transformation section).
⊲ Forthcoming EU legislative reform in asylum and
migration. In June, the European Council set its
negotiating position for the reform bloc’s asylum
and migration framework, including a revision of the
Dublin rules and proposal for EU countries to accept a
minimum number of asylum seekers or make a financial
contribution in lieu, among other measures. The final
form of the legislative texts remains to be seen – the next
step in the legislative process is negotiations with the
European Parliament with the aim of finalizing before the
European Parliament elections in June 2024.
⊲ Continued EU funding for irregular migration
management by third countries. External border and
migration management continue to be at the forefront of
the European agenda. The European Union is expected
to continue its course of devising creative policy
solutions and financial incentives to balance the needs
of EU border states that are shouldering the brunt of
irregular migration.
4 Sources © 2023 Fragomen, Del Rey, Bernsen & Loewy, LLP,
Fragomen Global LLP and affiliates. All Rights Reserved. 22
3. Increased regulations and inspections
of remote workers in Europe
In Europe, although pandemic-era temporary leniencies have
come to an end, employees continue to demand flexibility with
their working arrangements. Authorities have taken steps to
regulate remote and hybrid work as the new normal way of
working, however, many policy (employer-led and government-
led) gaps remain. This has led companies and employees to
seek workarounds in working remotely, opening them up to
compliance risks. This becomes particularly risky as there is
an increased environment of data sharing and compliance
checks through new and improved technology, with some key
examples below:
⊲ Digitized compliance checks. The United Kingdom
defined various audit methods, formalizing digital
compliance checks trialled during the pandemic and
paving the way for increased digital audits.
⊲ Multilateral social security agreement for regulating
cross-border remote workers. In the absence of EU rules,
a dozen EU member states have signed up on a voluntary
basis to follow social security rules for cross-border
remote workers.
⊲ Regulation of hybrid arrangements. Several European
countries require that hybrid working arrangements are
indicated in the employment contract associated with an
immigration application (Belarus, Greece, Malta, Slovakia
and the United Kingdom). Ireland has a forthcoming bill
proposing a similar government notification on hybrid
work arrangements and this may include a requirement
which allows authorities to visit home office addresses.
⊲ Forthcoming digitalization of EU borders. Data-sharing
between Schengen countries enables authorities to
track overstays as external border management is a key
priority for the European Union. There have been several
instances of assignees being caught on overstays with
limited to no room for negotiation with authorities. Further,
some countries interpret the 90-day stay rule differently.
Assignees have been denied entry to Schengen countries
under these circumstances whether for tourism, business
or remote work. Furthermore, the implementation of
ETIAS and EES will equip national and EU authorities
to digitally monitor external borders and Schengen
compliance even more closely.
⊲ Scrutiny of employer of record/employee leasing.
Employers of record are an emerging workaround to
sponsoring local and foreign nationals in countries
where a company does not have an entity. However, EU
countries are formally and informally scrutinising these
scenarios where they are used as a loophole to remote
working arrangements.

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4. The inclusive definition of dependents
remains limited to the nuclear family and
does not trigger an automatic right to
work
Family issues surrounding spouse and partner employment
are some of the most frequent causes of concern during
proposed relocations. Whether a partner can work in the
destination country may hinge on the person’s marital status,
whether they are in a same-sex marriage or partnership,
whether they are considered ‘immediate’ family member, and
other factors that vary around the world based on differing
immigration laws.
The definition of a dependent and the associated work
authorization available to a dependent varies widely
by country and permit type, but generally this scope of
dependency and related work rights have expanded over
the last few years in Europe. Below, we analyze the top two
employment-based permit types in 38 European countries to
determine the scope of coverage under various laws.
Our survey revealed that the scope of the definition of
spouses and partners has broadened with the inclusion
of new types of unions over the past twenty years.
However, dependents are still mainly confined to the
nuclear family. The admission of other family members is
possible in some countries but remains the minority. This
dichotomy has consequences on work and dependency
rights of accompanying family members.
⊲ Same-sex spouses and partners—over two thirds of
European countries recognise same-sex spouses
as dependents. Since the late 1990s, the recognition
of same-sex marriages and civil/registered unions
has evolved and broadened in Europe. Today, all 38
European countries recognise opposite-sex legal
spouses as dependents, while 26 recognise same-sex
legal spouses. In some countries, there is an additional
minimum age that applies for applicants to qualify as a
dependent (e.g., over the age of 21 in Austria, Malta and
the Netherlands; over the age of 24 in Norway). Around
twenty European countries recognise same-sex partners
as dependents, though many require that the partner is
registered, recognized by the home or host country, and
many require proof of the stability of the relationship in
the form of affidavits, letters and other evidence. De facto
partners who can prove several years of cohabitation are
also recognized as dependents in some countries (e.g.,
Belgium, Croatia, Finland and Sweden).
26 out of 38 European countries recognize same-sex
spouses as dependents
⊲ Family remains restricted to the traditional nuclear
family. All 38 European countries surveyed consider
children under 18 as dependents. More than two-thirds
of countries include adopted children or stepchildren,
and approximately half include children over 18 with
disabilities or health issues as dependents (with Russia
further including children of any age).
1 Evolution
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Extended family members can also benefit from
dependent status in some countries (e.g., parents
in Belarus and Romania; parents-in-law in Slovakia;
grandparents in Poland; and grandchildren and even
spouses of adopted parents of the principal applicant in
Russia). All these numbers have grown over time. In all
these countries, the issuance of immigration documents
remains at the authorities’ discretion and generally
requires a demonstrated dependence (physical or
financial) on the principal applicant.
31 out of 38 European countries include adopted children
or stepchildren as dependents
⊲ Variable work authorization landscape for dependents.
Approximately half of the European countries allow
dependents to work under their dependent status
(without obtaining separate work authorization). This
number has grown over time due to the expansion
of the definition of immediate family members, which
has expanded the right to work to a larger number
of beneficiaries over the last 20 years. However,
conditions may be attached such as in Denmark, where
if dependents work for the same employer as the
principal or for a closely related employer, a special work
authorization must be obtained before their start date. In
other countries, work authorization can be conditioned
on the duration of the work authorization of the principal
(Sweden and Slovenia). Conversely, in 18 European
countries, dependents may be required to secure
their work authorization independently. For instance,
in France, dependents accompanying a local hire or a
service provider may apply for visitor status which does
not provide local work authorization or change of status.
19 out of 38 European countries allow dependents
automatic work authorization rights under their
dependent status
What’s next?
In June, the European Court of Human Rights ruled that
the absence of legal recognition for same-sex couples is
discriminatory and in violation of the European Convention on
Human Rights. This ruling opens the door for further litigation
on the matter on a national level in European countries where
same-sex marriage is not legally recognised.
Despite this development, in the absence of global
forthcoming changes or major reforms, the pattern of a
growingly inclusive definition of dependents is developing at
a fairly stable and steady pace.
The limitation of family members’ right to work currently
remains a major difficulty for the relocation and integration
of dependents into society. They will therefore have to turn
to alternative solutions such as family reunification or visitor
status. These routes can be complex, time-consuming,
discretionary and sometimes seen as administrative
duplication.
Opening dependents’ rights also has an impact on various
aspects such as access to the local healthcare and social
security system, taxes or/and government benefits. Employers
hiring employees with dependents should consider these
factors and consult the appropriate experts in these fields to
provide a comprehensive advisory package.
4 Sources © 2023 Fragomen, Del Rey, Bernsen & Loewy, LLP,
Fragomen Global LLP and affiliates. All Rights Reserved. 24
 “The industry would greatly benefit from Government policies will also play a significant role in
determining the impact of the shift towards renewable energy
governments changing their immigration on immigration patterns. For example, some governments
policies to favor STEM workers and make may offer incentives, such as tax breaks, for companies
it easier for highly-skilled workers in the entering the renewable energy sector, which may increase
hiring in certain countries with burgeoning energy industries.
energy industry to move where they are
For more information on the energy industry, listen to the
needed.”
Immigration Conversation podcast and read Fragomen’s
Can you comment more specifically on related White Paper.
how Brexit has impacted the energy
industry?
After Brexit, we saw a critical shortage of staff on energy
projects in the United Kingdom and Europe because of the
restrictiveness in entry rules that came out of Brexit.
In the United Kingdom, which has many ongoing energy
projects in both building up renewable energy and
decommissioning of oil and gas operations, planning
assignments has become more administratively burdensome
after Brexit. European nationals became subject to the
UK immigration system, which does not facilitate quick
turnaround times for entry, and is one of the most expensive
immigration systems in the world. Considering the oftentimes
urgent business needs of energy projects, this is not
conducive to the success of an organization’s project.
Therefore, we’re seeing a lack of workers, especially on
decommissioning projects, despite the high demand for
workers on these ventures.
In Europe, especially in the Netherlands, which boasts
many energy projects coming from its large coastline,
major ongoing gas mining, windfarm building and green
hydrogen activities, there is also a shortage of staff. For UK
workers (many of whom are experienced on these projects
from similar activities in their own country) to enter the
Netherlands, there are many immigration considerations
ranging from whether the employer has a trusted sponsor
license, prolonged work permit processing times, compliance
with Schengen stay limits, and costs of immigration
applications. When the Entry/Exit System comes into effect, it
will become even more important for workers to comply with
immigration rules as they will be digitally tracked.

How is the shift towards renewable

energy affecting immigration in the
industry, particularly in those countries
reliant on hydrocarbon production?
As renewable energy becomes more widespread, there may
be job losses in traditional fossil fuel industries, which may
lead to reduced immigration in this area as fewer jobs are
available.

“The transition to renewable energy

will also create new job opportunities in
industries such as solar and wind power,
attracting a new wave of immigrants who
have skills and experience in these fields,
to the advanced economies of the world.”

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 Contacts
Fragomen has a number of professionals who specialize in immigration
in the energy and maritime industry who can help employers strategize
mobility programs tailored to their individual needs, including the following
US. professionals:

Ryan Freel is the Managing Partner in the Houston office

and has worked in the immigration field since 1999. He
previously worked for a well-known oil field services
company where he successfully Implemented and co-
managed a comprehensive global immigration program.
He currently manages client relationships in the energy
and maritime industry, among others.

Diego Archer is a Client Services Manager who splits his

time between Fragomen’s Dallas and Houston offices,
where he provides advice to clients’ offshore workers
vessel and rig operators and commissions, engineers and
technical personnel. Diego works closely with clients on
the application of the International Labor Conventions for
Seafarers with immigration law.

Elizabeth Cleveland Wakefield is a Senior Associate

in Fragomen’s Houston office where she advises clients,
including several energy industry corporations, on
employment-based immigration matters. She is an
immigration expert on position and vessel exemptions as
well as the application of OCS-B1 visas and works to
implement and execute strategies to meet these clients’
most pressing U.S. immigration challenges.

1 Evolution
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Trends 3 Appendix 4 Sources © 2023 Fragomen, Del Rey, Bernsen & Loewy, LLP,
Fragomen Global LLP and affiliates. All Rights Reserved. 27
⊲ The United States recently passed the CHIPS Act. Native v. Foreign-Born Employees in the
Designed to provide tax-based incentives that reduce
the cost gap differential between manufacturing
Semiconductor Industry in the United
semiconductors in the United States versus abroad, the States
CHIPS Act is projected to create 30,000 to 100,000 jobs.
TSMC, the leading Taiwanese producer of processor
chips, has invested in a facility in Arizona, while Samsung
is investing in a production facility in Texas.
⊲ China is also working on a $143 billion support package
for its semiconductor industry.
⊲ The European Union recently passed the EU Chips Act,
which aims to double their share of global chip output to
20% over the next decade and takes steps to ensure the
chip supply chain is more secure by incentivizing local
manufacturing.
⊲ India announcing a $10 billion plan to boost
semiconductor manufacturing, will be approving two
semiconductor manufacturing plants in 2023 and,
according to some estimates, currently has 20% of the
total semiconductor design workforce in the world.
-Image from Brookings Institute, Smarter Immigration Policies
⊲ The semiconductor industry in the United Kingdom Could Help Alleviate Semiconductor Shortage
is lobbying the government for support so that major
players in the country are not incentivized to leave the Creating and improving specialized entry pathways for
country. graduates of foreign universities educated in STEM fields
However, for these countries to build or expand home-grown that are relevant to the semiconductor industry is key to
semiconductor industries, governments must address the increasing the much sought-after foreign talent to this industry.
growing skills gap, as this industry requires (and many of Focusing on schooling as the main eligibility criteria is an
these countries lack) specialized talent such as engineers, easy way to increase the number of scientists, engineers and
data analysts and software designers, among others. computer professionals to the depleted talent pipeline in these
countries—but this would require quick and extensive reforms
How could immigration policy support in some countries, especially those that instead focus on
the growth of, and alleviate the skills employment as an entry pathway.

gaps in, the semiconductor industry?
Immigration policy can play a large role in improving the
possibilities of success in the semiconductor industry in
a given country. Three avenues for potential success are
outlined below:
Attract foreign talent early in the training pipeline through
both education and skills-focused pathways. Proponents of
building the chip industry in the United States suggest that
to bring high-end manufacturing back to the United States,
the country must attract foreign workers. Though immigrants
already comprise a large share of talent in the semiconductor
industry in the United States (see table on the right), because
there is a shortage of engineers in the United States to fill the
need for semiconductor creation, and since employment in
the U.S. semiconductor manufacturing industry is projected
to grow by approximately 13 percent over the next decade,
there is opportunity for growth and skill filling from foreign
nationals. The Biden Administration has taken steps to
encourage employers to use existing immigration programs.
Shortage occupation lists could also be a useful tool in
attracting needed talent to fill the shortages in the chip
industry. Utilized in many European countries, these lists allow
governments to fast-track employers’ ability to tap talent for
occupations with little to no local talent available. These lists
are regularly revised to align with labor market conditions (e.g.,
the United Kingdom revises its shortage occupation list twice
a year). By putting the skills needed to grow the semiconductor
industry on these shortage occupation lists, employers may be
able to fill their labor needs in the short-term.
Retain talent in the home country through incentives.
Countries seeking to fill skills gaps in the semiconductor
industry must make efforts to retain foreign STEM graduates
(who outnumber native STEM graduates) from domestic
universities. Countries will need to offer incentives and
competitive pay to fill these jobs to compete with the high-
paying jobs in business or finance that new professionals
often favor. This is particularly critical as 15% of factory
workers in the semiconductor industry must have doctorates
or master’s degrees in fields such as material engineering,
computer science and physics. Such incentives can include
longer visa validity periods (to reduce the frequency of visa
renewals), reductions of or exemptions from government fees,
or attractive permanent residence pathways from temporary
residence status.

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Fragomen Global LLP and affiliates. All Rights Reserved. 29
Upskill local labor through knowledge transfer plans and
other avenues. Countries that are keen to decrease brain
drain of their educated populations should consider upskilling
the local population. This can be done through skills transfer
requirements, whereby foreign nationals hired to work for
local employers are required to train locals during their tenure
(such programs are prevalent in Africa), and other training
programs that can be made part of immigration requirements.
For example, in the United States, the Biden Administration
is creating five “work force hubs” to help train more women,
people of color and other underrepresented workers in the
semiconductor and other industries, and community colleges
are joining the private sector to offer “quick start” programs
to prepare students to become entry-level semi-conductor
technicians.

What’s next?
For countries to bolster domestic production and ease
their reliance on the import of semiconductors, they must
implement a combination of immigration and local labor
market strategies to secure the required talent and skills.
While it is unlikely that countries will see a domestic, end-to-
end semiconductor production industry, partnerships among
trusted countries may grow to complete a supply chain
lifecycle, potentially resulting in competing hemispheres
of semiconductor production. For example, a leader in
semiconductor design, such as the United States, a country
powerful in semiconductor manufacturing materials, such
as Japan, a country with the raw natural resources for
chips, such as Australia, and a country with low labor costs
and trained human capital, such as India, could create a
semiconductor ecosystem. Regional immigration agreements
often stem from shared business needs of neighboring
countries, and it is likely that cross-country visa waivers for
professionals skilled in STEM could grow in regions where
such growth is needed to support the economy. There are
already early signs of movement in this direction in North
America as U.S. and Mexican government officials are
exploring the use of Mexican technology plants to program
U.S.-made chips. We will track the progress of immigration
regulations related to the semiconductor industry in future
editions of this report.

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Fragomen Global LLP and affiliates. All Rights Reserved. 30
 GENERAL TOPICS
Best practices for how immigration ⊲ Create quickly adapting systems to recognize skills
across other countries. Governments should unite to
programs can relieve the growing global create a mutual skills recognition framework across their
worker and skills shortage internal systems. For example, in Europe, the European
⊲ Use forward-thinking metrics instead of backwards- Skills Recognition Framework facilitates the recognition
focusing data. Many countries currently track data of skills and qualifications across European countries
on shortage occupations across different industries. and helps individual countries better assess candidates’
This allows them to create shortage occupation lists, abilities, increasing mobility and employability. These
where foreign nationals with the skills that match the skills systems must be adaptable and easily modified in
occupations in demand can be added. However, this data response to changing labor demands; they must also be
is inherently backward-looking; a shortage examination customizable to address specific industry needs. With
that occurred six months ago may no longer be current this deployment, systems will be able to meet the talent
or it could simply result in a long wait-time for individuals needs of new and growing fields by leveraging skills
to be able to fill these positions once the occupation gained in similar industries, which may not be recognized
finally makes it onto the shortage list. Government can under a more traditional system. For example, with the
resolve this by using data, metrics, and statistical analysis rise of the renewable energy field, employers can utilize
to create projections on future shortages, including the skills gained by oil and gas professionals in project
those occupations on shortage occupation lists. For management and construction to create an adaptable
example, the European Union is piloting the EU Talent talent pipeline.
Pool Pilot through the EURES platform. The pilot seeks to
match jobseekers present in the EU benefiting from the
Temporary Protection Status with open occupations in
Member States. The platform has real-time data on close
to 4 million job postings split by region and occupation.
⊲ Incorporate the input of stakeholders, particularly
employers. Employers are the first to know what skills
are in shortage. Governments must seek employer
input when creating programs to attract specific skills
and address business pain points. Creating national
agencies, such as Australia’s National Skills Commission
and Singapore’s SkillsFuture, to consult and create buy-
in on a skills framework, should be a priority.
⊲ Remove degrees as a mandatory requirement from
job postings. Many employers are recognizing that
the candidate pool of foreign nationals with a four-year
university degree is shrinking. Also, candidates with
degrees may not have the necessary skills to meet the
business needs. This inadequate matching essentially
forces companies to hire a candidate that may not be the
best fit for the job. With the demonstration and vetting of
skills, removing degree requirements from immigration
requirements opens a new pool of qualified applicants
and could relieve the growing worker shortage in many
countries.

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Fragomen Global LLP and affiliates. All Rights Reserved. 31
Hybrid work – how labor law and
immigration law interact
Labor law governs many of the hybrid work/
remote work-related rules for employers and
employees in many countries, particularly
as it concerns the employee’s work location
and tasks performed offsite. For example,
Poland’s Labor Inspectorate has taken steps
to assess remote working arrangements,
looking specifically at when remote working
is permitted, how remote work differentiates
between companies, the popularity
of remote working arrangements, any
occupational risks associated with remote
working, health and safety risks associated
with such arrangements, and any allowances
provided for home working.
As an extension of these policies, governments are growingly
amending and passing immigration laws that require
government notifications for hybrid and remote workers in an
effort to align more closely with related labor laws (i.e., the UK
Home Office recently issued guidance about Right to Work
Checks for hybrid workers). We are tracking the progress
of immigration policy in this regard. Unanswered questions
about how hybrid work would be regulated in immigration
laws include:
⊲ Will a hybrid work arrangement affect the ability of
foreign workers to comply with the terms of their
residence and work permits in space where this is
unregulated?
⊲ How will governments determine whether hybrid work
arrangements satisfy certain immigration program
requirements? This can be done through audits,
government notification requirements or other methods.
⊲ How will politics play into a country’s decision to allow What’s next?
hybrid work (either within existing digital nomad visas The risks associated with the more-established remote work
or other remote work policies or in general immigration visas have been reduced for both employers and employees,
regulations outside the scope of these policies)? potentially leading to an increase in remote visa applications
Countries that seek to reduce economic immigration over the next 12-18 months.
may be more restrictive in their hybrid work arrangement
policies (including requiring government reporting Looking farther ahead, countries with disappointing results
requirements), while governments seeking to close skills from their remote work policies will likely revise them, or
gaps may allow hybrid work arrangements, but may cancel them altogether. Additionally, governments’ skepticism
require skills transfer for such entrants. of growing remote workforces may increase inspections,
audits and border interrogations for digital nomads and those
⊲ Will immigration policy one day become so flexible as entering for remote work.
to allow foreign nationals to enter a country under an
employer-sponsored visa and partially work from another We project that governments will growingly regularize hybrid
country? work policy as it relates to immigration requirements to
ensure alignment with labor, social security, tax and other
laws. We will monitor the growth of these immigration rules in
future editions of this report.

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Fragomen Global LLP and affiliates. All Rights Reserved. 32
 STRATEGIES FOR SUCCESS
& RISK MANAGEMENT
Use this checklist to help your business adapt to the post-pandemic recovery period. For more
comprehensive strategies, contact your Fragomen professional.
Displacements to grow, creating a need for regulation
Determine appropriate sources and develop processes, procedures and frameworks to be prepared for an agile
response to potential rapidly changing immigration environment.

Ensure that recommendations and instructions are consistent with national, regional and even local and health-
related measures.

Educate leadership and employees about immigration options, responsibilities and workforce planning challenges.
Especially ensure opportunities to educate talent acquisition teams/recruiters and human resources business partners
on an ongoing basis to ensure there are no delays or issues with changes in laws during the recruitment process.

Understand where important corporate and employee documents are located and with whom. For example, who
holds key employee information (e.g., salary, job descriptions, etc.)? Who is available to sign documents and is there a
backup? This will allow employers to be more agile to address new requirements and last-minute events.

Prepare for technological shifts

Work with immigration counsel to be aware of and understand the fast-paced immigration law and traveler technology
changes (both mandatory and optional online systems) implemented during the COVID-19 pandemic and beyond.

Support your employees

Identify employees with imminent visa expirations (e.g., within the next six months) and make related information
available to employees.

Extend visas and permits, where possible.

Create a plan for those who cannot extend their immigration status.

Educate your traveling workforce on digital system use risks before travel, at immigration checkpoints and in the
destination country, since the rate of traveler and immigration online systems is increasing.

Advise employees to be aware of potential immigration fraud. Unscrupulous individuals sometimes target foreign
nationals in attempts to obtain money or personal information. If an employee receives communication related to their
immigration processes that they believe may be suspect, they should contact their employer or Fragomen contact
before taking any action.

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Fragomen Global LLP and affiliates. All Rights Reserved. 33
Focus on workforce planning

Ensure that your business has the proper entity to sponsor employees. Is it viable and funded? Are all the necessary
corporate documents in place?

Plan and identify options well ahead of time for business-critical moves, including visa-free entry, pre-clearance and
pre-departure requirements.

Evaluate the impact of delays and sudden new requirements (e.g., health certificates) that may be introduced with
little or no notice.

Take steps to move people quickly once they can travel.

Educate your remote workers about risks associated with digital nomad visas and remote work visa programs.

Review your remote work policies against relevant laws (e.g., immigration, tax, labor, social security) and other
operational considerations.

Be mindful of the implications of layoffs on employees and employers—if you are a foreign national affected by a
reduction in workforce, there may be immigration consequences.

Consider how your workforce planning decisions impact your organization’s sustainable practices, if any. For example,
is your business planning to reduce the number of foreign national transfers to decrease your commercial real
estate footprint? If so, enlist immigration counsel to ensure your business is complying with government notification
requirements. There are also other ways to ensure your workforce planning supports or generates more sustainable
practices in your corporate strategies; expert groups can offer advice on best practices and provide additional
guidelines.

Remobilize

Make your employees travel ready as part of the individual and document procurement assessments by planning
moves early:

1. Assess eligibility and document requirements for planned destinations.

2. Research whether the work can be done in more than one country and assess options.

Look for opportunities to strategically plan your workforce (e.g., through H-1B contingency planning or mobility
schemes in the EU such as Posted Worker or EU ICT workforce solutions).

Be aware of your compliance duties to prepare for a likely increase in audits and investigations.

Prepare for potential cost increases and plan for immigration backlogs or delays.

Understand the risks of restrictionist and protectionist immigration policies and look for opportunities to advocate with
government authorities.

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Trends 3 Appendix 4 Sources © 2023 Fragomen, Del Rey, Bernsen & Loewy, LLP,
Fragomen Global LLP and affiliates. All Rights Reserved. 34
Fragomen resources

1 Access www.fragomen.com for general resources

2 Sign up for Fragomen immigration alerts and event invitations

3 Access up-to-date relevant information and insights via our Knowledge Center (available to clients only)

Contributors to this report include: Carlos Agana, Sarah Blackmore, Ada Blignaut, Sonya B. Cole, Thinley Chadotsang, Annabelle
Duchêne, Tanya Goldsmith, Nancy Morowitz, Sandrine Krasnopolski, Justin Rymer, Nina Joye Smith, Ana Sofia Walsh and Laura
Weingort

1 Evolution
of themes 2 Emerging
Trends 3 Appendix 4 Sources © 2023 Fragomen, Del Rey, Bernsen & Loewy, LLP,
Fragomen Global LLP and affiliates. All Rights Reserved. 35
 SOURCES
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America’s Semiconductor Boom Faces a Challenge: Not
Enough Workers, NYTimes (May 2023), available at
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Smarter Immigration Policies Could Help Alleviate the
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at https://www.brookings.edu/blog/up-front/2022/06/17/
smarter-immigration-policies-could-help-alleviate-the-
semiconductor-shortage/
SPECIAL REPORT: How Immigration Reforms Can Help
Counter China, National Defense (February 2023), available
at https://www.nationaldefensemagazine.org/
articles/2023/2/10/special-report-how-immigration-reforms-
can-help-counter-china
Perspective: 3 principles for nations grappling with AI,
Deseret News (May 29, 2023), available at https://www.
deseret.com/2023/5/29/23738971/ai-decisions-aidm-human-
rights-chatgpt
Don’t Let a Lack of U.S. Immigration Due Diligence
Derail Corporate Reorganization, Texas Lawyer
(September 14, 2022), available at https://www.law.com/
texaslawyer/2022/09/14/dont-let-a-lack-of-u-s-immigration-
due-diligence-derail-corporate-reorganization/
2023 M&A Outlook: 4 Trends to Watch as Deal-Making
Accelerates, Morgan Stanley (February 10, 2023), available
at https://www.morganstanley.com/ideas/mergers-and-
acquisitions-outlook-2023-trends

Thought Leadership:
Sonya Cole, How is Immigration Policy Adapting in the Face
of Growing Skills Gaps and the War for Talent?, GME Hive
article (May 10, 2023), available to members only at https://
gmehive.com/news/1540136
Chad Ellsworth, What You Need to Know About Global
Mobility and Immigration Policies for LGBTQ+ Staff, GME
Hive article (March 16, 2023), available to members only at
https://gmehive.com/news/1477694

1 Evolution
of themes 2 Emerging
Trends 3 Appendix 4 Sources © 2023 Fragomen, Del Rey, Bernsen & Loewy, LLP,
Fragomen Global LLP and affiliates. All Rights Reserved. 38