At Brown Immigration Law, we strive to be your company's partner in growth and innovation, on a global scale. We continue our commitment to demystifying the complex immigration laws of the United States and Canada to provide efficient and effective immigration and global mobility support. Please find this month's business immigration news below.
This month, Brown Immigration Law sent teams of attorneys to both the annual American Immigration Lawyers Association Conference and the international Collision Conf. The annual AILA Conference brings together U.S. immigration agencies, experts in the field, and other speakers for important updates and presentations about legal best practices in immigration law. Collision brings together the people and companies redefining the global tech industry, where our Managing Partner, David Brown, gave a presentation on Global Talent: Immigration Solutions for the U.S. and Canadian Markets – more information below. Follow us on LinkedIn to stay up to date on all the great things happening at Brown Immigration Law!
U.S. BUSINESS IMMIGRATION UPDATES
Brown Immigration Law
On June 18th, in Toronto, Founder and Managing Partner, David Zaritzky Brown, recognized by Business Insider as a Top Immigration Attorney, hosted a masterclass at Collision Conference. David highlighted key programs designed to make it easier for Canadian companies to enter the U.S. market (the largest market by GDP), and for both U.S. and Canadian companies to hire highly skilled foreign talent.
Alongside David, attendees had the opportunity to connect with industry experts, Bailey Anderson, Clinton Green, and Cheryl Anderson, SHRM-CP.
In his Masterclass David shared visa strategies for Canadian companies to enter and access the U.S. market – whether to access capital or a larger market for your products, or attracting more qualified candidates, David highlighted seamless approaches to tackling visa challenges to ensure worry free access – whether the individual needs work authorization or simply worry-free travel. In addition to highlighting strategies for U.S. market entry David also highlighted how to manage immigration programs in both the U.S. and Canada to ensure you hire the best and brightest from around the globe to power your company. As technology becomes increasingly complex companies need the next generation of technology professionals to remain competitive, and with many of the top graduates from North American schools attending on student visas every company needs to have a strategy for immigration. David's talk outlined how to best manage these opportunities to maximize the success of your organization to help it reach its potential, while also recognizing the benefits of diversity. We thank those who were able to join us for David's talk!
Biden Execution Action on Pathways for Certain Undocumented Spouses and Children of U.S. Citizens
In a policy move reportedly impacting approximately half a million people, the Biden Administration announced new policy guidance providing a pathway to citizenship for certain undocumented spouses and children of U.S. citizens. As reported by the New York Times, "under the new policy, some 500,000 undocumented spouses will be shielded from deportation and given a pathway to citizenship and the ability to work legally in the United States. It is one of the most expansive actions to protect immigrants since Deferred Action for Childhood Arrivals, or DACA, was enacted 12 years ago to protect those who came to the United States as children." President Biden also announced that the Administration would make it easier for young immigrants, including Dreamers, to gain access to work visas. We will continue to monitor for forthcoming guidance. If you are interested in taking advantage of these programs, reports indicate that more information should be available by the end of the summer.
In his remarks, President Biden stated "We're a much better and stronger nation because of Dreamers." With this sentiment, we agree. Common sense immigration reform which provides protections and streamlined pathways to permanent residency for our country's immigrant population are not only important as an issue of human rights, but also to support the economy in nearly every sector.
Update on TN Denials in Mission Mexico
The American Immigration Lawyer's Association reports that it has received numerous reports over the past year for visa denials in Mission Mexico for TN visa applicants, specifically in the following categories: Scientific Technicians/Technologists (STT), Animal Scientist, Animal Breeder, Agriculturalist, and Engineer. The trend of denials are occurring within specific industries, namely, agriculture and food safety.
Among other reasons, the Department of State's liaison indicated that consular officers felt applicants were conveying different information during their interviews than presented in the packet of materials. As a standard practice at BIL, we prepare each client before going to interview so they are well versed on the potential questions from the officer and how to best prepare. Please contact your BIL attorney ASAP if you have questions about an upcoming consular interview. More information can be found at AILA Doc number 24060761.
July Visa Bulletin
The July Visa Bulletin has been published. USCIS will continue recognizing the Final Action Dates in July. In the EB-1 category, all categories besides those listed ("ROW"), Mexico, and the Philippines remain current; China moves from 9/1/2022 to 11/1/2022; and India moves from 3/1/2021 to 2/1/2022 (Biggest Jump). For EB-2, ROW, Mexico, and the Philippines move from 1/15/2023 to 3/15/2023; China moves from 02/01/2020 to 03/01/2020; India moves from 4/15/2012 to 06/15/2012; and Mexico and the Philippines move from 1/15/2023 to 3/15/2023. For EB-3, ROW, Mexico, and the Philippines move from 11/22/2022 to 12/1/2021 (Retrogression); China stays the same at 09/01/2020; and India moves from 08/22/2012 to 09/22/2012. We will continue to monitor for next month's visa bulletin.
CANADIAN BUSINESS IMMIGRATION UPDATES
New Pilot Programs Launched to Support Caregivers and Canadian Families
The Government of Canada has announced their intention to launch pilot programs designed to support caregivers and Canadian families. These programs aim to address the labor market gap in the caregiving sector and meet the needs of Canada's increasingly diverse population. They are set to launch in 2024, following the closure of the existing Home Child Care Provider and the Home Support Worker Pilot programs on June 17th, 2024.
Key Features of the New Programs
- Permanent residency upon arrival in Canada.
- Lower language benchmark and education requirements.
- Caregivers can now work for organizations providing temporary or part-time care.
Program Objectives
These pilot programs are intended to:
- Increase the number of qualified caregivers in Canada.
- Provide greater flexibility for caregivers to meet the needs of Canadian families.
- Enhance the caregiving experience for both caregivers and recipients.
The new pilot programs represent a significant and positive development in Canadian immigration law.
Express Entry- Monthly Summary
Express Entry is the primary system for managing immigration in Canada. Individuals (Express Entry candidates) become eligible based on three federal immigration programs: the Federal Skilled Worker Program (FSWP); Canadian Experience Class (CEC); and Federal Skilled Trades Program (FSWP). Once they are eligible and their Express Entry profile is created, individuals are entered into a pool of candidates.
In addition to being eligible for Express Entry, candidates must be competitive to receive an Invitation to Apply (ITA) for permanent residence. Express Entry candidates are assigned Comprehensive Ranking Score (CRS) points based on criteria such as their age, education, work experience, etc.
Generally, the Government periodically reviews the pool of Express Entry candidates and invites the highest-ranking individuals to apply.
Over the past four weeks, Canada issued 1,861 Invitations to Apply (ITA) for permanent residence (PR) under Express Entry. Please see below for a high-level summary:
- IRCC held two targeted draws for candidates who received a nomination under an enhanced provincial nomination stream), inviting 1,339 Express Entry candidates; the cut-off scores were 676 and 663 respectively.
- IRCC held one targeted draw for candidates falling under the Canadian Experience Class, inviting 1,400 Express Entry candidates; the cut-off score was 522.
If you have any questions about Express Entry, Permanent Residency, or any Canadian immigration programs, please contact your Brown Immigration Law attorney to schedule a consultation.
NEW LEARNING OPPORTUNITIES
The North American Hiring Strategy – How to Flex Immigration to Create an Engaged Culture
This talk will borrow themes from Managing Partner, David Zaritzky Brown's MasterClass at the Collision Conference in Toronto where he talked about building worldclass North American teams by leveraging immigration programs to find key talent globally. David will compare and contrast elements of the Canadian system with the U.S. model and highlight how employers can create a dedicated funnel of opportunities to one or both countries and leverage the differences in each system to full advantage. For over a decade the U.S. and Canada have maintained the top two spots in global rankings for interest in immigration, and this session will highlight how to turn that interest into a strategic corporate advantage in hiring key talent. Whether it is employee directed intracompany transfer opportunities to Canada or the U.S. – or special opportunities specific to a country, now is the time to consider a North American immigration strategy to manage your staff and keep them fully engaged. These approaches support both large and small employers in different ways. After walking through a variety of scenarios and best practices David will throw it open to questions so you can better understand how these ideas may work for your recruiting needs.
Once registered, you will receive an email with a link to use to join the video chat on the day of the event. Please note: This link should not be shared with others; it is unique to you. If you ever misplace the invitation link, simply visit the webinar schedule on our website.
If you have colleagues who may benefit from our talks, you are welcome to invite them to join by sharing our webinar schedule where they can subscribe for further information.
Don't miss these opportunities to increase your knowledge on important immigration issues!
Thank you and we look forward to having you at the event.
Best Regards,
The Team at Brown Immigration Law
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.