EXEO Attorneys | Immigration U.S. & Canada, January 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 January 31th, 2023.

CANADA

Prohibition on the Purchase of Residential Property by Non-Canadians Regulations

As announced at the end of last year, the Act prohibiting the purchase of residential immovables by non-Canadians came into force on January 1, 2023, and so for the next 2 years. This Act is the result of collaborative work between the Ministry of Housing, Diversity and Inclusion and the Ministry of Finance and aims to stabilize the real estate market in the country by curbing real estate speculation and responds to the concerns expressed by Canadians about housing affordability. Concretely, what does this mean?

• This new Act prohibits people who are not Canadian citizens or permanent residents from buying residential real estate in Canada for a period of two years, including preventing non-Canadians from using corporate structures to avoid the ban;

• Sanctions will be issued to non-Canadians who buy residential properties and to people who assist them. The Act provides for a fine of $10,000 and the possibility of asking a court to proceed with the judicial sale of an immovable purchased in violation of the prohibition.

To learn more and know the exceptions to this Act, we recommend reading the Government Gazette, here.

Increase in fees for the services of MIFI

As of January 1, 2023, the rates of the Ministry of Immigration, Francisation and Integration will be indexed by 3% in order to comply with the Act limiting the indexation of several government rates for the period 2023-2026 .

For example, government fees for a temporary work permit application or for an LMIA application go from $210 to $216. To see the full price list, go here.

Suspension of Stream 1 of the Non-Francophone Entrepreneur Program

The Minister of Immigration, Francisation and Integration, Ms. Christine Fréchette, announced on December 21, 2022, to suspend the receipt of applications for non-French-speaking candidates in the Stream 1 of the Entrepreneur program, as well as in the self-employed, starting December 28, 2022.

This decision by the Legault government is part of an idea of preserving French, and Ms. Fréchette said in a press release: “Thanks to this decision, we are acting for the sustainability and vitality of the French language while promoting the success of the integration of immigrants into Quebec society”.
First Express Entry round of 2023

IRCC issued the first round of invitations to apply for Permanent Residence under the Express Entry program on January 11, 2023. 5,000 invitations were sent to candidates from Express Entry programs including Skilled Workers (Federal), Skilled Trades (federal), the Provincial Nominee Program and the Canadian Experience Class, an increase in selection, compared to the 4,750 invitations in the previous round.

The minimum score for this round is 507. There are currently 64,866 people in the 451 to 500 score bracket.

UNITED STATES

Premium processing expansion for EB-1 and EB-2 Form I-140 Petitions

USCIS announces the final phase of premium processing for EB-1 and EB-2 Form I-140 petitions. Good news for all applicants! Premium processing is not available for all petitions, but USCIS is committed to making efforts in 2023 and has announced a plan for the coming months.

Premium processing therefore applies to new petitions, in addition to all Form I-140 petitions previously filed under an E13 multinational executive and manager classification or an E21 classification as a member of graduate professions.

Applicants who wish to request premium processing (for a new petition) must file Form I-907 with their application. As of January 30, 2023, USICS is accepting Form I-907 requests for :

All pending petitions from E13 multinational executives and managers and E21 NIW (National Interest Waiver) petitions; and

All initial petitions from E13 multinational executives and managers and E21 NIW petitions.

USCIS extends COVID-19-related flexibilities

USCIS is extending certain COVID-19 related flexibilities through March 23, 2023. This will be the last COVID-19 related accommodation (barring unforeseen circumstances) and all applicants will need to complete their response requirements after March 23, 2023.

Under these flexibilities, USCIS will accept a response received 60 days after the due date specified in the requests before taking any action. This concerns requests issued between March 1, 2020 and March 23, 2023 from the list below:

• Requests for Evidence;
• 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.

Changes in the US citizenship test

The American naturalization test, which includes two distinct parts, will be reformed in 2023 following an announcement by the Department of Homeland Security on December 15, 2022. The aim is to minimize the risk of discrimination. The English reading and writing portions of the test are standardized and will not change, but US authorities want to standardize the speaking portion of the English test as well as the civics assessment, the exam result of which may vary depending on the maintenance officer.

USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751 or Form I-829

Effective January 11, 2023, to address long processing times, USCIS is extending the validity of conditional permanent resident cards for petitioners who properly file Form I-829. The extension is also valid for Form I-751 since January 25, 2023.

The language on Form I-751 and Form I-829 receipt notices has been updated to extend the validity of a Green Card for 48 months for individuals with a newly filed Form I-751 or Form I-829. New receipt notices will be issued to eligible conditional permanent residents who previously received notices with an extension shorter than 48 months and whose cases are still processing.

This is good news for the EB-5 investors who have already received their conditional green cards but who are nervous with the processing of the third and final step of their immigration process!

H4 and L2 petitions will now be processed at the same time as H1B and L1 by USCIS

Due to an out-of-court agreement signed between the Department of Homeland Security as well as various plaintiffs, H-4 and L-2 visas for accompanying spouses will now be processed at the same time as principal applicant’s H-1B and L-1 visas. The agreement, which came into force on January 19, 2023, will allow spouses accompanying workers with H-1B and L-1 visas to obtain their status and their open work permits (Employment Authorization Document, or EAD) faster, provided that the Forms I-539 and I-765 are properly accompanied by the Forms I-129 required at the time of filing the application.

While putting an end to a class action filed in March 2022, this conclusion is good news for these accompanying spouses, who could sometimes wait a long time before obtaining their immigration status and their work permit.

Opening of registrations for H1B applications : March 1, 2023

On January 27, 2023, USCIS officially announced that registration for H1B visa applications for fiscal year 2024 will open on March 1, 2023. Applicants will be able to submit their application online between March 1 and March 17, 2023 and expect to be drawn in the lottery. They will be assigned a confirmation number following their registration and will receive a notification by March 31, 2023 if they are drawn.

Compliments of EXEO Attorneys – a member of the EACCNY.