What’s new in global immigration?

16.04.2025

This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Ireland, Spain and the United States.

Ireland: Details of launch of new online employment permit system

The Department of Enterprise, trade and Employment (DETE) has announced that its new “Employment Permits Online” system will launch on 28 April 2025.

To facilitate the move to Employment Permits Online, the existing EPOS website will be taken offline. During this time no employment permit applications will be able to be submitted.

The EPOS website will be taken offline from 6pm on 17 April 2025 for 5 business days.

Importantly, all completed draft employment permit applications must be submitted before the EPOS system is taken offline. Draft employment permit applications prepared but not submitted before the EPOS system is taken offline will not be transferred to Employment Permits Online. Only fully completed and submitted applications will be transferred to Employment Permits Online for processing.

The new system will introduce a portal space with separate and individual accounts for both employers, employees and agents.

Registration:

Employment Permits Online will require all users (employer, employee and agent) to set up a portal account, in order to access the system and to submit future employment permit applications. This will involve confirming an email address and password and verifying these via a secure Multi Factor Authentication process (using mobile phone confirmation).

For employers, registration will also require the provision of some key additional documents, that is, Revenue and CRO details. Once these documents have been uploaded and validated (by the Employment Permits Unit) accounts will be ready to go.

The initial email address used to register a portal account will be set as the ‘Administrator’ for the account. More than one administrator can be assigned for an account.

Once the account is verified by the Employment Permits Unit, the administrator for any employer or agent account will be able to add or remove additional contact points (email addresses) listed under the account. There is no limit to the number of additional contact points that can be added to an account. All contact points can prepare and submit employment permit applications.

Portal account:

Once registration has been completed (including verification), users will have access to their new portal accounts. Portal accounts will provide a record of current and historic applications, as well as a new ‘status update’ feature – allowing users to see at what stage of the process any current applications have reached (draft, awaiting payment, processing, requested information, issued, refused, appeal and so on).

Another key feature of portal accounts is the level of control users will have over them. Accounts will be managed via the use of Core and Non-Core requirements. Changes to Core requirements such as the submission or renewal of Revenue or CRO documentation, involve additional validation by the Employment Permits Unit, while non-Core requirements (that is, employer business locations or additional contact details) can be updated directly by the user.

Enhanced data protection:

Requests from DETE will issue as an email from Employment Permits Online direct to the verified email addresses of the parties (employer, employee or agent) linked to the application. The parties can then ‘reply’ to this email, which is then returned directly to the application record on the employment permits system.

The portal itself can be used by the account holder to update their profile as well as certain permit information. Changes to core requirements such as business address, renewal of Revenue or CRO details, involve additional validation by the Employment Permits Unit. While non-core requirements (business locations or additional contact details) can be updated directly by the relevant party.

Additionally, the submission of requests for permit; renewals, change of employer, appeals, withdrawals, cancellations, and so on) all take place through the portal account. Any relevant documents associated with the processing of these requests by the employment permits team, will also be requested to be provided.

Joint applications:

An additional feature of Employment Permits Online, is that all employment permit applications will be jointly completed online by the parties involved, the employer and prospective employee (as well as the appointed agent, if applicable). The employee will directly provide the personal information relevant to themselves, with the employer completing the fields relevant to their sections of the application. For agents, they will be able to provide the details for the party on whose behalf they are acting. The application will be signed by all parties involved using an e-signature.

Trusted Partner initiative:

In order to set up and maintain a valid portal account, employers are required to submit relevant Revenue documentation in addition to their CRO number. These would be the key documents required for Trusted Partner status. Therefore, the Trusted Partner initiative will no longer operate under Employment Permits Online. As all employers will now operate from portal accounts, this will deliver more efficient processing of applications, benefiting all users.

Spain: Abolition of “Golden Visa” takes effect

Effective 3 April 2025, the Spanish government has ended the granting of residence permits based on real estate investments of more than EUR 500,000, known as Golden Visas. This eliminates the benefits currently available for residential investments, as well as for other investments, and will abolish residence visas for investors in Spain.

This fulfils the commitment made by the Minister of Housing and Urban Agenda, who justified the repeal of this measure because it undermines the right to housing.

The decision adopted by the Executive, similar to that taken by other countries such as Ireland and Portugal, is in line with the European Commission, which in 2022 urged Member States to repeal any existing investor citizenship system.

United States: USCIS announces Employment Authorization Document application procedures for certain Hong Kong residents covered by Deferred Enforced Departure

US Citizenship and Immigration Services today posted a Federal Register notice for public inspection establishing procedures for certain Hong Kong residents covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) that will be valid through 5 February 2027. The notice automatically extends through 5 February 2027, the validity of current Hong Kong DED-related EADs with an expiration date of 5 February 2023, or 5 February 2025, and a Category Code of A11. Employees may present this EAD as evidence of identity and employment authorization for Form I-9, Employment Eligibility Verification.

A memorandum on DED was issued on 15 January 2025, deferring through 5 February 2027, the removal of certain eligible Hong Kong residents who were present in the United States as of 15 January 2025.

There is no application for DED. Certain Hong Kong residents are covered under DED based on the terms described in the memorandum and are authorized to work in the United States. Eligible Hong Kong residents can apply for an EAD by filing Form I-765, Application for Employment Authorization. The Department of Homeland Security may provide travel authorization at its discretion to those covered under DED. Individuals who wish to travel outside of the United States and re-enter must file Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records.

USCIS adjudicates each request for an EAD on a case-by-case basis to determine if it meets all standards and eligibility criteria and completes screening and vetting to determine if there are any fraud, public safety or national security concerns.

On 9 April 2025, US Citizenship and Immigration Services (USCIS) began considering aliens’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. This will immediately affect foreign nationals applying for lawful permanent resident status, foreign students and foreign nationals affiliated with educational institutions linked to antisemitic activity.

This policy is consistent with the executive orders on Combatting Anti-Semitism, Additional Measures to Combat Anti-Semitism and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.

Under this guidance, USCIS will consider social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests.

United States: Minor Changes to Form I-9 and E-Verify Updates

On 2 April 2025, US Citizenship and Immigration Services (USCIS) announced that it has made minor changes to Form I-9, Employment Eligibility Verification, to align with statutory language, and updated the DHS Privacy Notice.

Form I-9, Employment Eligibility Verification, to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. This includes citizens and aliens. Both employees and employers (or authorized representatives of the employer) must complete the form.

The revised Form I-9 with an edition date 01/20/25 and an expiration date 05/31/2027 is now available for download, while multiple previous editions remain valid until their respective expiration dates:

Form I-9 (08/01/23 edition) that is valid until 05/31/2027 (31 May 2027)
Form I-9 (08/01/23 edition) that is valid until 07/31/2026 (31 July 2026). (Employers using this form must update their electronic systems with the 05/31/2027 expiration date by 31 July 2026).

Key updates include:

Renaming the fourth checkbox in Section 1 to “An alien authorized to work”
Revising the descriptions of two List B documents in the Lists of Acceptable Documents
Adding appropriate statutory language and a revised DHS Privacy Notice to the instructions .

Starting 3 April 2025, E-Verify and E-Verify+ will have updated the Citizenship Status selection during case creation to reflect this statutory language. The selection “A noncitizen authorized to work” will be updated to “An alien authorized to work.”

Employers should note:

If an employee attests on Form I-9 as “A noncitizen authorized to work,” the employer must select “An alien authorized to work” in E-Verify.
E-Verify cases will display “An alien authorized to work,” while employees and employers may continue to see “A noncitizen authorized to work” on Form I-9, depending on the form edition being used.
E-Verify+ participants will see the updated 01/20/25 edition date and 05/31/2027 expiration date reflected in Form I-9NG.

Additionally, E-Verify users creating cases through Web Services applications will see the employee status attestation automatically updated to “An alien authorized to work”—even if the WS application submits “A noncitizen authorized to work” if the employee selected citizenship status number four on Form I-9.

This change does not affect the current Interface Control Agreement (ICA) version 31.1, which already provides the necessary guidance for Web Services developers. WS developers should update their platforms to transmit “An alien authorized to work” instead of “A noncitizen authorized to work” as soon as possible.

A better way to manage global immigration

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This partnership will greatly enhance our global footprint and enable us to meet the growing needs of our clients even more effectively.

If you would like to find out more about the enhanced level of global immigration services now available to your business, please contact us today.