BUSINESS IMMIGRATION –CANADA AND U.S.

What You Need To Know Right Now

MELISSA BABEL

B.A. (Hons) LL.B, Barrister and Solicitor

Babel Immigration Law

Canadian Immigration update

New Minister of Immigration, Refugees and Citizenship Canada

On July 26, 2023, Prime Minister Justin Trudeau shuffled his cabinet and appointment Marc Miller as the new Minister of Immigration, Refugees, and Citizenship. Minister Miller takes over from the portfolio from Minister Sean Fraser.

Recognized Employer Pilot

On August 8, 2023, the Honourable Randy Boissonnault, Minister of Employment, Workforce Development and Official Languages, launched the Recognized Employer Pilot (“REP”) under the Temporary Foreign Worker Program. This goal of the three year program is to resolve labour shortages, and streamline processing for repeat employers involved in the program.

Originally known as the ‘Trusted Employer Model’ and announced in Budget 2022, The REP will grant eligible employers access to Labour Market Impact Assessments for up to 36 months, simplifying the LMIA application process for these employers.

To participate in the pilot, employers must have at least three positive LMIAs for the same occupation in the last five years from a list of occupations that have been designated as in-shortage and supported by Canadian Occupational Projection System data. Employer applications for REP will close in September 2024.

New Express Entry Exemptions for Foreign National Physicians Seeking Canadian PR

On April 25, 2023, Immigration, Refugees and Citizenship Canada introduced measures to facilitate the issuance of permanent resident visas for foreign national physicians providing publicly funded medical services in Canada. These new exemptions will be in effect indefinitely until revoked by the Minister.

The new measure considers the reality of self-employment for physicians and is expected to allow more foreign national physicals to qualify for permanent residence in the Express Entry system.

New Permanent Residence Pathway for Ukrainians with Canadian Family Members

On July 15, 2023, Canada unveiled a new pathway for permanent residence for Ukrainians who have temporary resident status in Canada. To be eligible for the program, applicants must have one or more close family members who is a Canadian citizen or permanent resident.

Canada adds 13 More Countries to Travel Visa-Free

On June 6, 2023, IRCC announced the addition of 13 countries to the electronic travel authorization (eTA) program. Eligible travelers from these countries who have either held a Canadian visa within the last 10 years or possess a valid United States Non-Immigrant Visa can now apply for an eTA instead of a visa when travelling to Canada by air.

Eligible countries that can benefit from this newly implemented change are:

• Antigua and Barbuda

• Argentina

• Costa Rica

• Morocco

• Panama

• Philippines

• St. Kitts and Nevis

• St. Lucia

• St. Vincent and the Grenadines

• Seychelles

• Thailand

• Trinidad and Tobago

• Uruguay

U.S. Immigration Updates

USCIS Launches Online Appointment Request Form

On August 21, 2023, U.S. Citizenship and Immigration Services launched a new online form for individuals, attorneys and accredited representatives to request an in- person appointment at their local field office without having to call the USCIS Contact Centre.

This new form is intended for individuals or legal representatives who need in-person appointments at a field office for ADIT stamps, Emergency Advance Parole, Immigration Judge Grants, and other related purposes. It is important to note that this is not a self-scheduling tool. Instead, the USCIS Contact Center will review submitted forms and the availability of in-person appointments. Depending on the appointment’s urgency and reason, the Contact Center may contact individuals either by phone or email.

USCIS Will Conducted Second Random Selection from Previously Submitted FY2024 H-1B Cap Registrations

On July 27, 2023, USCIS announced that they planned to run a second lottery of FY 2024 H-1B cap registrations. This decision was made due to a shortage of H-1B cap petitions received during the initial filing period from April 1, 2023, to June 30, 2023.

The second selection process involved the random selection of additional electronic registrations that were previously submitted. Petitioners who have been selected will have their myUSCIS accounts updated to include a selection notice, informing them of when and where to file. 