Global Immigration Recap: January 2026

Our January global immigration recap includes the latest on France’s new requirements for multi-year residence permit applicants, Malaysia’s updated Employment Pass salary policy, practical considerations for Brazil’s business visitor visa, and guidance on obtaining certified copies of U.S.-based documents for immigration purposes.

France – New Civic Exam and Language Proficiency Requirements for Multi-Year Residence Permit Applicants

As of January 1, 2026, foreign nationals applying for multi-year residence permits or citizenship are required to complete a four-day civic training course organized by the French Office of Immigration and Integration (OFII) and demonstrate their understanding of French society by passing an exam at the end of the course. Moreover, a minimum A2 level of French language is now required for multi-year residence permit applicants. Those seeking a 10-year residence permit must have at least a B1 level, while those applying for citizenship must demonstrate a B2 level or higher.

These new requirements particularly impact foreign national employees (salarié) of French companies applying for their first multi-year (2-4 years) residence permit after their first year of residence in France. Applicants for intra-company transfer (ICT) and “talent” visa and residence permits are EXEMPT from the above criteria; however, “talent” visa holders who wish to apply for a 10-year residence permit or French citizenship after five years in France must meet the outlined civic and language requirements.

Additional exemptions to these requirements exist for some foreign nationals, including those born in France who have resided there for at least eight years, senior citizen over the age of 65, and those unable to take the exam or demonstrate language proficiency due to a disability.

Malaysia – Updates to EP Salary Policy and Current Processing Times

Malaysia has announced several changes to its Employment Pass (EP) salary policy that will take effect on June 1, 2026. The following changes are designed to protect the local workforce and ensure that foreign talent is being utilized strategically and in accordance with current labor market needs.

• Increased Salary Thresholds
  Effective June 1, 2026, all new and renewal Employment Pass (EP) applications will be subject to the following minimum monthly salary thresholds:
  • EP Category 1: RM20,000 and above
  • EP Category 2: RM10,000-RM19,999
  • EP Category 3: RM5,000-RM9,999

Any current EP2 holders who do not meet the revised minimum salary requirement will be recategorized as EP3 upon renewal. Employers are encouraged to plan ahead to ensure compliance with these revised thresholds and avoid any disruptions in the workplace.

Replacement Plan

Malaysian authorities will also require employers to submit a “Replacement Plan” demonstrating that their need for foreign labor is temporary and that relevant knowledge and skills will be transferred to the local workforce. This measure is not intended to restrict the entry of foreign talent, but rather to ensure that foreign workers complement the local labor market.

Under this plan, employers will be expected to replace the foreign national’s role with a local employee within a defined timeframe, with the objective of reducing prolonged reliance on foreign workers. Further details regarding implementation of the Replacement Plan are expected in the coming weeks.

Launch of 1:3 Internship Policy Postponed Until March 31

Employers now have until March 31, 2026, to ensure they are in compliance with the new National Structed Internship Program (MySIP), which requires employers to offer three (3) structured and paid internship placements to local talent for every one (1) foreign national employee hired.

This postponement gives employers additional time to familiarize themselves with the policy and plan for implementation.

Current EP Processing Times

Following the announcement of the above salary increases, the Malaysia Digital Economy Corporation (MDEC) has reported a surge in EP applications, presumably from employers who wish to file applications for Foreign Knowledge Workers (FKW) before these take effect. This increase in filings has resulted in significant processing delays.

The current processing time for EP and Dependent Pass (DP) applications is approximately 6-8 weeks. Employers are encouraged initiate new EP and DP applications approximately four months in advance of the anticipated start date. Additionally, renewal applications should be submitted at least three months prior to pass expiration to avoid interruptions in status.

Brazil – New Business Visitor Visa Activities Challenged at Ports of Entry

Technical assistance and technology transfer activities were recently added to the list of activities permitted under a Brazilian business visitor visa. In practice, however, travelers entering Brazil to perform such activities with a business visitor visa have encountered difficulties at the port of entry, and in some instances, have been denied admission. This is due to an inconsistent interpretation and application of this new provision by Brazilian authorities. Until this issue is resolved, those traveling to Brazil to undertake technical assistance and technology transfer activities may instead wish to obtain the specific residence authorization that has traditionally been required, as a precautionary measure. 

China –Visa Waiver Program Extended to UK Nationals

Following the British Prime Minister’s recent visit to China, the Chinese government has extended their popular visa waiver program to UK passport holders. This allows travelers from the UK to visit China visa-free for up to 30 days for business, tourism, to visit friends and family, or in transit to other destinations.

WReal Global Immigration Tips: Certified Copies for Visa and Immigration Purposes: What U.S. Notaries Can (and Cannot) Do

Certified Copies of US-based Documents for Visa and Immigration Purposes

Overview

Visa and immigration applications frequently require submission of “certified copies” of documents such as passports, educational credentials, corporate records, or identity documents. Confusion often arises because notarial authority in the United States is governed entirely by state rules, and each state’s notary handbook strictly defines what a notary may and may not certify. As a result, a document that can be properly certified by a notary in one state may be impermissible in another — even for the same document type. This article provides a practical overview of certified copy rules, highlights common pitfalls, and suggests work arounds to overcome common issues.

Key Principles Applicable Nationwide

Regardless of state, several rules apply almost universally:

1. Vital records are excluded.

Birth certificates, marriage certificates, death certificates, and divorce decrees are generally considered recordable or public records. Notaries may not certify copies of these documents. Certified copies must be obtained directly from the issuing authority (e.g., a vital records office or court clerk).

2. Public or government-issued records are often excluded.

Many states prohibit notaries from certifying copies of documents that are recorded or maintained by a government entity, even if they are not vital records.

3. State law controls — not the consulate.

A notary may not perform an act simply because a foreign consulate requests it. The notary’s authority is limited to what state rules permits.

4. Refusal does not always mean impossibility.

In many cases, a notary’s refusal reflects unfamiliarity rather than a government prohibition. A different notary — or one familiar with immigration-related requests — may be able to perform the certification.

Spotlight: Texas as a Common Example

Texas rules illustrate the distinction clearly:

• A Texas notary may certify a copy of a “non-recordable” document.
• A Texas notary may not certify recordable documents, including vital records or documents filed with a public office.
• Common immigration documents that can be certified in Texas include:
  • Passports
  • Educational diplomas
  • Corporate records not filed with a public authority
  • Employment letters

If a Texas notary claims they “cannot certify copies at all,” that statement is incorrect. The Texas Notary Handbook expressly authorizes copy certification of non-recordable documents and provides sample certificate language.

Alternatives When Copy Certification Is Not Permitted

When state law prohibits notarial copy certification, the following alternatives may be available:

1. Certified copy from issuing authority

Required for vital records and many court or government documents.

2. Custodian affidavit (Affidavit of True Copy)

The document holder swears that the copy is true and accurate; the affidavit (not the copy itself) is notarized. Acceptance varies by consulate.

3. Apostille or authentication

Some countries require a certified copy from the issuing authority followed by apostille or legalization, which is a separate process involving different government agencies.

Practical Immigration Practice Tips

• Always confirm both state notary law and the destination country’s requirements before obtaining certified copies.
• If a notary refuses, ask whether the refusal is based on state rule or their company policy — and consider consulting another notary.
• For multi-jurisdictional clients, obtaining certified copies in a more permissive state may be advisable when lawful.

Conclusion

Certified copies remain a routine — yet frequently misunderstood — component of immigration and visa filings. Understanding state-specific notarial authority is essential to avoiding delays, rejections, and unnecessary repeat submissions. When in doubt, consultation with immigration counsel or direct review of the applicable state notary handbook is strongly recommended.