EXEO Attorneys | Canada & U.S. Immigration April 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 April 18, 2023.

CANADA

Extensions to submit work permit applications from within Canada

All foreigners who are in Canada as visitors will be able to apply for and receive a work permit without having to leave the country. This temporary public policy has been extended for 2 years, until February 2025, allowing visitors’ visa holders (with a valid work permit within the last 12 months) to apply for a temporary work authorization in order to start working as soon as possible.

Suspension of the Quebec Immigrant Investor Program until 2024

The Quebec Immigrant Investor Program will remain suspended until January 1, 2024. The decision of the Quebec Ministry of Immigration, Francisation and Integration was announced in a decree published on March 29, 2023. This development fuels the uncertainty as to the future of this coveted immigration program, which has been suspended since 2019 due to the Ministry’s announced desire to reform its eligibility criteria. No other explanation was provided by the authorities to maintain the suspension. Our team will continue to assess the situation as announcements are made.

In the interim, people interested in immigrating to Quebec or Canada through a business or investment project are invited to contact our team so that we can assess the alternative paths that may be available to you.

Amendments to the Prohibition on the Purchase of Residential Property by Non-Canadians Act’s accompanying Regulations

The Act was passed by Parliament on June 23, 2022, and the Act and Regulations came into force on January 1, 2023, as part of the Government of Canada’s strategy to make housing more affordable for Canadians. To enhance the flexibility of newcomers and businesses looking to add to Canada’s housing supply, the Government of Canada is making amendments to the Regulations. These amendments will further support individuals and families seeking to build a life in Canada by pursuing home ownership in their communities sooner and address housing supply issues.

These amendments came into force on March 27, 2023:

• Enable more work permit holders to purchase a home to live in while working in Canada.

• Repealing existing provision so the prohibition doesn’t apply to vacant land.

• Exception for development purposes.

• Increasing the corporation foreign control threshold from 3% to 10%.

Regularization project for people “without status”

Ottawa seeks to regularize the status of immigrants in the country. This strategy aims to tackle the labor shortage by granting access to the possibility of becoming a permanent resident to workers with their families. In January, IRCC announced that up to 1,000 workers could benefit from the program, but applications will stop being accepted on January 2, 2024.

Pilot project to reduce the load of Immigration files

Federal deputies are launching a pilot project where they are proposing to hire a full-time person who will handle more complex immigration cases to help offices facing an increase in applications. Constituency assistants are not accustomed to dealing with a high volume of immigration files, which prevents them from handling less recurrent cases. Agreement between Canada and the United States for the closure of Roxham Road. The purpose of the closure is to curb irregular migration. Under the agreement, Canada commits to accept 15,000 asylum seekers. However, the Safe Third Country Agreement will be enforced along the Canada-US border. The policy will apply to those who are not Canadian or American citizens, and who are intercepted within 14 days of crossing the border. If these people are intercepted in Canada, they will be deported to the United States, and vice versa.

Extension of immigration measures for Ukrainians and their families

Canada is committed to supporting those affected by the Russian invasion of Ukraine. This is why the government will extend the end dates of the measures to enter the country. That means:

• Submitting an application for AVUCU (Canada-Ukraine Emergency Travel Authorization) – July 15, 2023

• Travel to Canada as part of the AVUCU program – March 31, 2024

• Access to settlement services in Canada – March 31, 2025

• One-time financial assistance (conditions)

UNITED STATES

USCIS Announces End of COVID-Related Flexibilities

Following up on our January Newsletter, the flexibilities regarding reproduced signatures first announced on March 20, 2020, became policy as announced on July 25, 2022.

You must respond to any notices or requests from USCIS dated after March 23 by the deadlines listed in the notice or request. This includes:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers;
• Notices of Intent to Withdraw Temporary Protected Status; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Additionally, if you wish to file Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), regarding a decision dated after March 23, 2023, you must comply with the deadlines in the form instructions.

Please see the Immigration Relief in Emergencies or Unforeseen Circumstances webpage for more information about remaining case-by-case flexibilities.

New Legal Settlement to H-4 and L-2 Dependents

On January 19, 2023, the Department of Homeland Security reached an Agreement that requires United States Citizenship and Immigration Services (USCIS) to adjudicate Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization at the same time for H-4 and L-2 dependents when these forms are filed with the underlying Form I-129 nonimmigrant petition. The new change went into effect on January 25, 2023, and will remain in effect for two years after the effective date.

Completion of annual H1-B selection process

USCIS announced it has completed the annual H-1B selection process (“lottery”) for Fiscal Year 2024, with early reports indicating a record number of registrations submitted. Each year, it becomes increasingly difficult to obtain one of the 85,000 H-1B visas allotted under the congressionally mandated quota or “cap.” In light of the news, employers and foreign-national employees are now reviewing their contingency plans for those whose registrations were not selected. Employers must understand the duration and limitations of their employees’ current visa status and evaluate potential opportunities to retain these talented individuals. For instance, some employees may be able to remain in the United States on their current visa to retry the H-1B lottery next year.

Compliments of EXEO Attorneys – a member of the EACCNY.