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

2024-2026 Immigration Levels Plan

The IRCC Immigration Levels Plan for 20242026 aims to welcome growing numbers of new permanent residents: 485,000 in 2024, 500,000 in 2025, and the same level in 2026. The plan is focused on promoting economic growth, family reunification, and responding to humanitarian crises. A notable increase are the targets for Francophone immigration outside of Quebec, which are planned to rise to 8% of economic immigrants by 2026.

To qualify for the new program, Ukrainian nationals must be present in Canada with a temporary resident status and have a Canadian citizen or permanent resident family member in Canada.

Starting January 1, 2024, employers are mandated to annually review wages of temporary foreign workers, to ensure alignment with prevailing wages for their occupation and region. Clarity has now been provided that employers are to review the wages offered to a foreign worker at the beginning of the foreign worker’s period of employment and subsequent reviews by January 1 of each year of employment.

Canadian employers should take note of changes to the prevailing wage for a number of occupations. Prevailing wage is relevant to many employers’ who employ foreign workers under the International Mobility Program and the Temporary Foreign Worker Program (LMIA).

No Express Entry Draws in November 2023

There have been no draws from the Express Entry pool in the month of November. We understand that there are technical issues with the pool that are impacting IRCC’s action on issuing invitations. We are hopeful that these issues will be resolved and that we will return to regular rounds of invitation shortly. It is expected that Category-Based selection (where IRCC invites applicants with specific occupational experience) will continue to form a significant part of the rounds of invitation under Express Entry

Changes to the International Student Program

The Canadian government is taking steps to enhance its International Student Program and protect genuine students from fraud. The measures include:

1. Starting on December 1, 2023, post-secondary Designated Learning Institutions (DLI) must verify every applicant’s letter of acceptance directly with IRCC to prevent fraud and ensure study permits are based on genuine acceptance letters.

2. By the fall 2024 semester, a “recognized institution” framework will be introduced, benefiting postsecondary DLIs that provide high-quality services and support to international students, giving priority processing of study permits to their applicants.

3. In the coming months, the Post-Graduation Work Permit Program criteria will be assessed and reformed to better align with the Canadian labor market and immigration goals.

Pathway to Permanent Residence for Ukrainian Families

On October 23, 2023, Immigration, Refugees and Citizenship Canada (IRCC) announced the launch of a new permanent residence pathway for Ukrainian nationals. The pathway is now open for applications and eligible Ukrainian nationals have until October 22, 2024, to apply. To qualify for the new program, Ukrainian nationals must be present in Canada with a temporary resident status and have a Canadian citizen or permanent resident family member in Canada.

U.S. Immigration Updates

Israel is now Part of the Visa Waiver Program

The U.S. Department of Homeland Security (DHS) has announced that eligible Israeli citizens and nationals can now travel to the United States for short-term visits without needing a U.S. visa. This follows Israel’s admission into the U.S. Visa Waiver Program, which allows for online applications through the U.S. Customs and Border Protection’s Electronic System for Travel Authorization (ESTA). The program permits tourism or business travel to the U.S. for up to 90 days without a visa. Israeli citizens with valid B-1/B-2 visas can still use them for such travel.

Israel has made commitments to the United States regarding reciprocal travel privileges. To be eligible for visa-free travel, Israeli citizens and nationals must have biometric passports.

For some travelers, obtaining a U.S. visa might still be the better choice, especially if they plan to stay longer or change their status in the U.S. ESTA applications can be submitted online or through the ESTA Mobile app.