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IMPACT – HIGH
The government issued guidance on April 9 regarding travel to Canada to provide essential services.
Key Points:
Additional information: It is recommended to provide additional supporting documentation when submitting new work permit applications for those who will provide essential services, and for those seeking entry on an existing work permit to provide essential services.
Analysis & Comments: Employers are advised to consult the list, as they may benefit from faster processing times and prioritization of work permit applications if the work a foreign employee will carry out is deemed essential.
This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.
The United States and Canada have agreed to close the border to nonessential traffic, and U.S. Citizenship and Immigration Services has closed its office to the public and suspended in-person services until at least April 1.
Additional information: The USCIS announcement only applies to in-person services at USCIS field offices, asylum offices, and Application Support Centers, and does not refer to USCIS Service Centers where immigration applications are processed. BAL will continue to monitor the impact of COVID-19 on immigration in the United States and will update clients as new information becomes available.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
What is the change? Canada has announced that it will close its border to all foreign nationals this Wednesday.
What does the change mean? All foreign nationals, with the exception of U.S. nationals, permanent residents, diplomats, and family members of Canadian citizens, and personnel providing essential services, who have resided in a country other than the U.S. in the last 14 days, are banned from entering Canada. Any exempt personnel, and Canadian citizens, entering the country will be required to self-isolate for 14 days after arrival. The closure was announced during an address by Prime Minister Justin Trudeau yesterday.
Additional information: The new travel ban expands upon measures introduced by the Canada Border Services Agency earlier this week that require all Canadian airports to screen international travelers for exposure to COVID-19. In addition to the restriction on inbound travel, all remaining international flights will be diverted to four airports: Pearson Airport in Toronto, Trudeau Airport in Montreal, Vancouver International Airport and Calgary International Airport, effective Wednesday at 12:01 a.m. EDT.
Analysis & Comments: The new restriction on inbound travel represents Canada’s latest efforts to mitigate the spread of COVID-19. Employers should note that the COVID-19 outbreak is a fluid situation that is changing rapidly, and additional controls may be implemented in the coming days.
This alert was prepared by Garson LLP, an independent law firm, allied with Deloitte LLP in Canada.
For the past year, U.S. Customs and Border Protection (CBP) has been refusing to process L-1 petitions for Canadian nationals who have previously held L-1 status with the same employer. This abrupt and unannounced shift has caused major delays for companies transferring Canadian executive, managerial, and specialized-knowledge personnel to the U.S.
The situation, however, may be changing, at least for certain Canadian L visa holders who work less than six months per year in the U.S. At several ports of entry (POEs), CBP is now consistently allowing so-called “intermittent” Canadian L holders to renew their L-1 status at the border.
Under longstanding regulations, multinational companies have been able to move key Canadian staff to the U.S. quickly and reliably by having their L petition adjudicated by a CBP officer without prior approval by U.S. Citizenship and Immigration Services or applying for a blanket L from a U.S. Consulate. Furthermore, CBP has historically permitted Canadian L-1 holders to renew their status by simply returning to a POE and submitting another L-1 petition; again, without the need to file a lengthy petition with USCIS or wait for a consular appointment. This process allowed Canadian L visa holders to conveniently renew their L-1 status during business or holiday travel. CBP is now turning away Canadians seeking L renewals and instructing their employers to file an L-1 extension of stay petition with USCIS.
However, recent trends indicate CBP will now renew “intermittent” L-1 petitions. Initially this policy was applied inconsistently, though as of late, CBP officers at several ports of entry are adjudicating intermittent L visa renewals.
Intermittent L-1 status allows employees who reside in Canada to work in the U.S. for shorter periods not to exceed six months in any given year. An added benefit of being classified as intermittent is that the L status is not subject to the same five/seven-year maximum stay limits and may be extended indefinitely; again, as long as the employee spends less than six months per year in the United States. Canadians seeking to classify as intermittent L-1s must document all entry and exit dates during their previous L-1 visa validity period, demonstrating their total number of days in the U.S. during the preceding period of admission.
CBP border processing is an important option for companies to efficiently move their sales, engineering and other critical personnel between their Canadian and U.S. operations. Companies are encouraged to work with their BAL professional to determine whether their Canadian employees are eligible for border adjudication as intermittent L employees.
Timothy Thiel is an Associate Attorney in the Walnut Creek, Calif., office of Berry Appleman & Leiden LLP.
The information contained here is meant to be informational, and while BAL has made every effort to ensure the accuracy of the information, it is not promised or guaranteed to be complete. Readers of this information should not act upon any information contained on this alert/blog without seeking professional counsel. This alert does not constitute legal advice or create an attorney-client relationship. Any reference to prior results, does not imply or guarantee similar future outcomes.
IMPACT – MEDIUM
What is the change? Canada has begun biometrics collection at 58 Service Canada locations across the country. With the opening of these new centers, foreign nationals who are submitting applications from within Canada are now required to provide biometrics.
What does the change mean? Those applying for work or study permits, visitor extensions or permanent residence from within Canada must provide their fingerprints and photo during the processing of their application. U.S. citizens are exempt from the requirement, as are Canadian citizens, temporary resident applicants who have provided biometrics for a pending permanent resident application, temporary resident applicants who are submitting a subsequent temporary resident application within the 10 years since biometrics enrollment, diplomatic passport holders, applicants under 14 or over 79, and refugee applicants.
Background: Canada began requiring biometrics in July 2018, and has gradually expanded the requirement to additional foreign nationals applying from abroad. The opening of the biometrics service centers in Canada marks the final phase, and eliminates the previous exemption for applicants applying from within Canada.
Analysis & Comments: Foreign nationals who are submitting applications from within Canada and are required to provide biometrics should factor in the additional time to complete the biometrics requirements, and should be sure to pay the applicable biometrics fees at the time of applying.
What is the change? Canada has updated prevailing wage rates for a number of occupations.
What does the change mean? Employers sponsoring foreign workers in certain work permit and permanent resident categories are affected by the new rates.
Background: Employers are required to pay foreign nationals the median prevailing wage for most work permit categories. Prevailing wage rates are determined by Employment and Social Development Canada and will vary by occupation as well as by geographic location. Employers have an obligation to review and adjust the wages for any applications filed under the LMIA and/or Global Talent Stream LMIA on an annual basis in order to ensure compliance. Under all other categories, the new prevailing wage will only apply to new work permit or extension applications.
Analysis & Comments: Employers are encouraged to review the wages they are paying foreign workers to ensure they are in compliance with new wage minimums. It is possible that officials may ask for employers to amend pending applications so that offers of employment match the new wage requirements. Employers should also note that other wage floors may apply in some circumstances, such as for workers in the Global Talent Stream.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
CANADA (Oct. 1, 2019) – Pilot program allows sponsorship of undeclared family members
IMPACT– MEDIUM
What is the change? A two-year pilot program has been introduced to allow previously undeclared or excluded dependent family members to immigrate to Canada.
What does the change mean? Foreign nationals under the family class or the spouse or common-law partner in Canada (SPLPC) class will be eligible to apply for permanent residence until Sept. 9, 2021, in situations where the primary applicant did not declare the dependent in the initial application.
Background: Previously, foreign dependents who were not declared at the time of their family member’s initial application were considered non-accompanying family members and therefore not eligible to apply for lifetime permanent residence. The pilot program, announced on May 31, allows previously excluded spouses, partners or dependent children to apply for permanent residence. The program is limited to those who initially immigrated to Canada under refugee or close family member status and are now seeking to sponsor undeclared family members.
Analysis & Comments: The change is good news for individuals who originally immigrated to Canada but failed to declare family members. Although this is a positive step toward family reunification, the pilot program does not include undeclared or unexamined dependents where the initial application was filed under one of the economic categories. More information on the pilot program can be found here.
What is the change? Brazil has introduced digital work booklets that can be obtained online without having to make an in-person visit.
What does the change mean? Work booklets must be obtained from the Ministry of Economy for foreign workers to begin working on local payroll in Brazil, and the change is expected to make the admission process easier. Companies will no longer need to include the work booklet number and PIS (social contribution tax) number when adding someone to local payroll, and will instead be able to do this by providing only the employee’s CPF number (taxpayer ID).
Background: The introduction of digital work booklets, or e-CTPS, is part of a broader government effort to improve internal procedures and simplify the admission process. The idea for digital work booklets has been discussed for several years, and employers have been expecting their arrival. The program will allow companies to use Brazilian tax ID numbers to submit online applications for admissions. Officials have also created a digital app that enables employers to check contracts and labor condition requirements.
Analysis & Comments: The introduction of digital work booklets is good news for companies in Brazil because it is expected to speed up the overall admission process. It is possible, however, that there will be delays associated with the new system and employers should be prepared to make adjustments if necessary.
Source: Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/aboutto learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? Quebec’s National Assembly has passed a bill that includes changes to the Regular Skilled Worker Program.
What does the change mean? Applicants must submit Certificate of Selection (CSQ) applications through the electronic management system, Arrima. Applicants who currently work in Quebec and have intermediate-advanced knowledge of French and one year of work experience in Quebec can also submit a CSQ application through the Quebec Experience Program (mail-in application).
CSQ applications submitted through the previous online system, Mon Projet Québec, prior to Aug. 2, 2018, have been cancelled, and candidates must instead submit an Expression of Interest through Arrima. The Quebec Experience Program for foreign workers remains open for eligible applicants.
Background: The Ministry of Immigration, Diversity and Inclusion proposed Bill 9 earlier this year. The bill aims to improve the selection of immigrants and strengthen the language requirements for those seeking permanent residence in Quebec. As the Quebec authorities have yet to release the selection criteria, further information on eligibility requirements is pending.
Analysis & Comments: Regular Skilled Worker Program applicants who submitted CSQ applications before Aug. 2, 2018 must resubmit their applications through the Arrima system. New applicants will submit and process their CSQ directly through Arrima. The Ministry of Immigration, Diversity, and Inclusion will review CSQ applications and issue invitations on the basis of labor need, taking into account language knowledge, education, and work experience, among other factors. Once selected, the applicant can submit an official immigration application. The changes are expected to improve processing times and to help recruit more French-speaking foreign nationals.
What is the change? Canada has updated the Global Talent Occupations list for Category B of the Global Talent Stream.
What does the change mean? Computer network technicians have been added to the list and engineering, architecture and science managers have been removed. Additionally, new minimum wage requirements have been released for certain professions.
Background: On June 12, 2017, Canada launched its Global Skills Strategy, a three-pronged plan to attract high-skilled foreign talent by providing a faster and more predictable process for qualifying companies and employees. The plan introduced short-term work permit exemptions and two-week work permit processing, and launched the Global Talent Stream pilot program.
Analysis & Comments: Employers should note the changes to the Global Talent Occupation list. Any Global Talent Stream applications for professions recently removed from the list cannot be submitted after Aug. 4. Employers should visit the Canadian government site for more information regarding minimum wage requirements.