Integrity Legal

Archive for June, 2017

26th June 2017

It recently came to this blogger’s attention that there are new penalties associated with violation of the laws and rules regarding foreign nationals working in Thailand as set forth by the Thai Ministry of Labor. Specifically on June 22 of 2017 an Emergency Decree was promulgated stipulating some new rules and new penalties associated with both new and old regulations. Please see below for a distilled translated summary of the important points noted in this recent decree:

  1. Should an employer employ a foreign national to work in a position specifically restricted to Thai nationals, such employer shall be fined between 400,000 and 800,000 Baht per employed foreign national.
  2. Should an employer allow a foreign national to work outside the scope of the employment specifically noted in the work permit they shall be fined no more than 400,000 Baht for each employed foreign national.
  3. Should a foreign national work without first obtaining a work permit or work in a position specifically restricted to Thai nationals, they may be subject to imprisonment of no more than five years and/or fined between 2,000-100,000 Baht, or both.
  4. Should a foreign national work on a matter which is deemed immediate and important and do so without acknowledgment of a Labour Ministry officer by receiving form WP-10, they may be fined not more than 100,000 Baht.
  5. Should a foreign national work outside the scope of the job description set forth in the work permit, they may imprisoned not more than 6 months and/or fined not more than 100,000 Baht, or both.
  6. If an individual, through deceptive means, explicitly or implicitly advertises that they are able to bring a foreign national to work in Thailand in a dmestic capacity without a work permit, they may be imprisoned 3-10 years and/or fined 600,000-1,000,000 Baht, or both.
  7. Anyone found operating as a foreign job placement agency without a proper license shall be subject to possible imprisonment for 1-3 years and/or fines ebtween 200,000-600,000 Baht, or both.
  8. There appears to be a deposit/pre-authorization requirement being imposed by this decree, but the implications of this section are somewhat unclear. We will update this posting or post again to provide clarification on this point if necessary.

It should be noted that the above summary and translation is for informational purposes only and should be viewed as neither exhaustive nor as a substitute for fully analyzed legal research and translation. Those interested in delving further into this topic are urged to view the full decree in its entirety by following this link provided by the official wesbite of the Royal Thai Gazette.

As has been noted, in recent weeks and months there has been increased scrutiny from the Royal Thai Immigration Police with respect to Thai business visa applicants in the form of surprise inspections. This recent announcement regarding heightened penalties associated with imporperly obtained Thai work permits leads this blogger to infer that heightened scrutiny and possible inspections could be imposed upon foreign nationals working in Thailand in the relatively near future.

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22nd June 2017

It recently came to this blogger’s attention that President Trump recently promulgated an executive order which amends a prior Obama administration order which dealt directly with processing procedures for non-immigrant visas to the United States of America. This Presidential executive order was enacted on June 21, 2017. The most pertinent section of the order, in this blogger’s opinion, reads as follows:

Section 1.  Amendment to Executive Order 13597.  Executive Order 13597 of January 19, 2012 (Establishing Visa and Foreign Visitor Processing Goals and the Task Force on Travel and Competitiveness), is amended by deleting subsection (b)(ii) of section 2 of that order.

In order to better understand the importance of this amendment, it is important to quote directly from the aforementioned order, specifically the section being deleted:

(b) The Secretaries of State and Homeland Security, in consultation with the Assistant to the President for Homeland Security and Counterterrorism, the Director of the Office of Management and Budget, and the heads of such agencies as appropriate, shall develop an implementation plan, within 60 days of the date of this order, describing actions to be undertaken, including those that build upon efforts underway, to achieve the following…

(ii) ensure that 80 percent of nonimmigrant visa applicants are interviewed within 3 weeks of receipt of application, recognizing that resource and security considerations and the need to ensure provision of consular services to U.S. citizens may dictate specific exceptions;

As the underlined portion noted above points out the specific section which has been deleted seems imply that fast non-immigrant visa processing is no longer a significant priority of the administration. Moreover, the President has specifically ordered Department of State personnel to disregard the previous administration’s clear policy of using best efforts to quickly process visa applications of those seeking non-immigrant visa benefits for the USA.

What type of visa applicants will most likely be affected by this policy change? Applicants for visas such as the B-1 visa (business visa), the B-2 visa (tourist visa), F-1 visa (student visa), J-1 visa (exchange visitor visa), as well as any other visa which is considered a non-immigrant visa (with the probable exception of so-called “dual intent visas“) will be directly impacted by this recent order. Concurrently, what will this mean in practical terms for processing of future visa applications? On the bright side, it takes time for policies to be enacted and thus result in a substantial impact on applicants. Furthermore, as the previous administration enacted policies to speed up non-immigrant visa processing and made practical provisions associated therewith it seems logical to infer that such measures are unlikely to be reversed quickly. Therefore, those seeking non-immigrant visa benefits in the near future are unlikely to be overwhelmingly adversely affected. That stated, those seeking similar benefits in a longer term context could see application processing times lagging compared to present time frames.

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