EXEO Attorneys | Immigration U.S. & Canada, July 2023

The monthly newsletter gives you an overview of recent notable changes in Canadian and American immigration. Here is an overview of the most recent news as of July 3, 2023.

CANADA

Addition of 13 new countries to the Electronic Travel Authorization (eTA) program

With the intention of fostering cultural exchanges and promoting tourism, the Minister of Immigration, Refugees and Citizenship, Sean Fraser, announced on June 6 that travelers from these countries who have had a Canadian visa within the past 10 years or who currently hold a valid U.S. visa (issued for purposes other than immigration) may apply for an eTA instead of a visa application if traveling to Canada by air ( the conditions may vary according to the mode of transportation and the purpose of the trip). The countries are:

Canada expands francophone Mobility program to increase Francophone immigration

Immigration Minister Sean Fraser announced the expansion of the French Mobility program in Canada. This measure allows French-speaking workers with a moderate command of French to apply for employment in various occupations, with the exception of primary agriculture. Language criteria have been updated to allow for greater eligibility. Applicants must provide proof of proficiency in French, such as test results or a diploma from a French-speaking institution. This expansion aims to provide French-speaking workers with work experience in Canada and the possibility of applying for permanent residence.

New approach within the North American technology conference

Canada’s Tech Talent Strategy at the Collision 2023 conference on June 27th. This strategy aims to attract the talent needed to drive innovation and emerging technologies. Key measures include opening the work permit to H-1B visa holders, options for their family members, work permits for industrial innovation, fast-tracking for work permits linked to global skills, promoting Canada as a destination for digital nomads and improvements to the Start-up Visa Program. The goal is to position Canada as a leader in attracting foreign technology talent to create the jobs of tomorrow.

Temporary public policy to allow foreign nationals with valid work permits to study without a study permit

The Canadian government has implemented a temporary public policy allowing foreign nationals with valid work permits to study in Canada without a study permit. This policy aims to support temporary foreign workers and provide them with opportunities to upgrade their skills, credentials, or licensing, thereby enhancing their chances of finding higher-skilled and higher-paid work, especially in essential occupations like healthcare. The policy applies to eligible foreign nationals who hold a valid work permit or have applied to renew their work permit by June 7, 2023, and are authorized to work under specific regulations. The exemption from study permit requirements will remain in effect until the work permit application is refused, the work permit or associated application expires, or until June 27, 2026, whichever comes first. The policy became effective on June 27, 2023, and may be revoked at any time without prior notice.

UNITED STATES

Extension of validity for E1 and E2 Visa

After the decision taken by the American authorities in 2019 to reduce the validity period of the E1 and E2 visas for French applicants from 60 to 15 months, the Macron administration began negotiations with the American government seeking advantages for its citizens.

Initially, the duration of the visas had been negotiated with the French administration to be extended from 15 months to 25 months. However, last May, the Minister of the Interior succeeded in establishing a new measure for French entrepreneurs and investors wishing to settle in the United States and the validity of E1 and E2 visas was extended from 25 to 48 months.

USCIS Releases Updated Eligibility Criteria for Compelling Circumstances EADs

On June 14, 2023, the United States Citizenship and Immigration Services (USCIS) released detailed guidance regarding the eligibility criteria for the Compelling Circumstances Employment Authorization Document (EAD) application. The new guidance delineates seven eligibility criteria applicants must meet to qualify for the Compelling Circumstances EAD, and provides specific examples of situations that USCIS may find sufficiently compelling to warrant issuing the EAD. This guidance provides employers clarity on a benefit that may bring relief to foreign nationals who are facing difficult decisions in maintaining their immigration status and work authorization in the United States.

• The foreign national must be presently residing in the United States in valid, unexpired E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status (including any applicable grace periods).
• The foreign national must be a principal beneficiary of an approved I-140 petition.
• The priority date of the approved I-140 petition must not have yet reached the current date on the final action chart of the Department of State Visa Bulletin.
• The foreign national must not have filed an I-485 adjustment of status application.
• Has not been convicted of a felony, or two or more misdemeanors; and
• The foreign national can demonstrate circumstances, which prevents him or her from continuing employment or otherwise maintaining nonimmigrant status, and USCIS finds these circumstances sufficiently compelling to justify issuing the EAD.

Spouses and minor children of qualified foreign nationals may also apply for the Compelling Circumstances EAD. The EAD is valid for one year and can be renewed if the applicant can show that compelling circumstances continue to exist or the applicant’s I-140 priority date is no more than one year away from the current date on the Visa Bulletin.

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