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Posts Tagged ‘Foreign workers’

USCIS proposes regulatory change to permit stateside processing of unlawful presence waivers

Thursday, January 19th, 2012

On January 6, 2012, the Department of Homeland Security announced that it was proposing a regulatory change that would allow spouses and children of U.S. citizens who are in the United States but need an immigrant waiver of unlawful presence bar to apply for the waiver within the United States.

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Tags: children of U.S. citizens, Department of Homeland Security, employment law, Foreign workers, immigrant visa, immigrant waiver, Immigration and Nationality Act, United States, United States Citizenship and Immigration Services, unlawful presence bar
Posted in Corporate Immigration, Human Resources | Make a Comment »

Citizenship and Immigration Canada announces excessive demand cost threshold for 2012

Thursday, January 19th, 2012

On December 30, 2011, Citizenship and Immigration Canada (“CIC”) issued Operational Bulletin 373 (“OB 373”). OB 373 provides additional information relating to the Excessive Demand Cost Threshold (the “Demand Threshold”) for 2012, which became effective on December 1, 2011.

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Tags: barred from Canada based on health grounds, Canadian Institute for Health Information, Citizenship and Immigration Canada, employment law, Excessive Demand Cost Threshold, expected medical costs of the foreign national, foreign national, Foreign workers, health or social services, Operational Bulletin 373, permanent residence in Canada, temporary residents
Posted in Corporate Immigration, Human Resources | Make a Comment »

Canada-U.S. Beyond the Border Action Plan proposes immigration-related initiatives

Thursday, December 15th, 2011

On December 7, 2011, US President Obama and Canada’s Prime Minister Harper released their Beyond the Border Action Plan, which discusses their shared vision for perimeter security. In furtherance of this objective, the plan proposes several immigration-related initiatives.

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Tags: Beyond the Border Action Plan, business travel, Canada-US border, Electronic Travel Authorization, employment law, Foreign workers, Immigration Law, screening methodologies and programs, Security and Economic Competitiveness, United States
Posted in Corporate Immigration, Human Resources, Privacy and Security | 1 Comment »

Liberal promise of immigrant tax credit is a divisive issue

Friday, September 16th, 2011

Most Ontario residents are already aware of the recent controversy that has brought immigration to the forefront of the upcoming provincial election. It started with the Ontario Liberal pledge to offer tax credits of up to $10,000.00 to employers who hire new immigrants in Ontario who have been here for five years or less. Ontario Progressive Conservative leader Tim Hudak responded by calling it an “affirmative action” program.

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Tags: affirmative action, employment law, Foreign workers, immigrant tax credit, ontario, provincial election, temporary work permits
Posted in Corporate Immigration, Human Resources, Recruiting and Hiring | Comments Off

Canada-Colombia Free Trade Agreement comes into force as of August 15, 2011

Thursday, August 18th, 2011

The Free Trade Agreement (“FTA”) between Canada and Colombia was originally signed on November 21, 2008. However, it did not come into force until August 15, 2011. As in the case of other FTAs, the Canada-Colombia FTA contains provisions for the temporary entry of treaty nationals pursuant to Section 204 of the Immigration and Refugee Protection Regulations. These provisions appear in “Chapter 12 – Temporary Entry for Business Persons.”

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Tags: Canada-Colombia FTA, employment law, Foreign workers, Immigration and Refugee Protection Regulations, Temporary Entry for Business Persons, The Free Trade Agreement
Posted in Corporate Immigration, Human Resources | Make a Comment »

CIC issues additional guidance on specialized knowledge intracompany transferees

Thursday, July 21st, 2011

On July 4, 2011, Citizenship and Immigration Canada (“CIC”) issued Operational Bulletin 316 (the “Bulletin”). The Bulletin contains additional instructions regarding the assessment criteria that should be considered when adjudicating specialized knowledge intracompany transferee work permit applications.

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Tags: Citizenship and Immigration Canada, employment law, Foreign workers, intracompany transferee, National Occupational Classification, NOC, Operational Bulletin 316, Required salary or wage, specialized knowledge, specialized knowledge intracompany transferees, temporary foreign worker, work permit
Posted in Corporate Immigration, Human Resources | Make a Comment »

Bill C-35 comes into force and new immigration regulator in place

Thursday, June 30th, 2011

Legislation cracking down on crooked immigration consultants (Bill C-35) comes into force on June 30, 2011. At the same time, the Immigration Consultants of Canada Regulatory Council (ICCRC) is confirmed as the new regulatory body for immigration consultants. The ICCRC will…

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Tags: Canadian immigration system, Canadian Society of Immigration Consultants, Foreign workers, Hiring foreign workers, immigration consultants, Immigration Consultants of Canada Regulatory Council, legislation cracking down on crooked immigration consultants, recruiting, regulatory body for immigration consultants
Posted in Corporate Immigration, Human Resources | Make a Comment »

Opportunities Ontario provides guidance on the requirement of recruitment efforts

Thursday, June 16th, 2011

The Ontario Bar Association Citizenship and Immigration Section recently met with representatives of Opportunities Ontario, the province’s Provincial Nominee Program (“PNP”). During this meeting, they provided insight into the level of recruitment activities that would be expected from an employer who files a PNP application on behalf of a prospective employee.

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Tags: Canadian citizens, Citizenship and Immigration, employment and training opportunities, foreign national, Foreign workers, Human Resources and Skills Development Canada, Labour Market Opinion, NAFTA, Ontario Bar Association, Opportunities Ontario, provincial nominee program, recruitment, Skilled Workers, training
Posted in Corporate Immigration, Human Resources, Recruiting and Hiring | Make a Comment »

A stunning example of mistreatment of migrant workers

Friday, June 3rd, 2011

This case is a stunning example of mistreatment of migrant workers: a live-in nanny recently launched a wrongful dismissal claim against her employer in the Ontario Superior Court seeking damages in the amount of $195,000 for breach of contract, unpaid wages, statutory holiday pay and vacation pay.

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Tags: breach of contract, employment law, employment rights, employment standards act, Employment standards complaint, foreign national, Foreign workers, immigration agents, Immigration and Refugee Protection Regulations, isolated foreign workers, language barriers, Lilliane Namukasa, live-in nanny, Live-in-caregiver program, migrant workers, mistreatment of migrant workers, six month limit to recover unpaid wages, statutory entitlements, temporary work permit, terminated without notice, The Employment Protection for Foreign Nationals Act, two-year limitation period, unpaid statutory holiday pay, unpaid vacation, unpaid wages, wage theft, wrongful dismissal, wrongful dismissal claim
Posted in Corporate Immigration, Employment Standards, Human Resources | Make a Comment »

USCIS updates H-1B cap count as of April 15, 2011

Monday, April 25th, 2011

United States Citizenship and Immigration Services (“USCIS”) has updated its H-1B cap count for the current fiscal year. As of April 15, 2011, approximately 7,100 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 5,100 H-1B petitions for aliens with advanced (master’s or higher) degrees from the United States.

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Tags: Business, employment law, Foreign workers, H-1B cap count, H-1B category, Immigration Law, specialty occupations, United States Citizenship and Immigration Services, USCIS
Posted in Corporate Immigration, Human Resources | Make a Comment »

CIC issues operational bulletin on temporary foreign worker program amendments

Thursday, April 21st, 2011

On August 4, 2010, the governor-general-in-council published amendments to the Immigration and Refugee Protection Regulations, which were expected to adversely affect many temporary foreign workers; these regulatory amendments became effective on April 1, 2011. On April 1, 2011, Citizenship and Immigration Canada (“CIC”) issued Operational Bulletin 275-C, which provides operational instructions to both CIC and the Canada Border Services Agency in relation to these recent regulatory amendments.

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Tags: Canada Border Services Agency, Citizenship and Immigration Canada, employment law, Foreign workers, HRSDC, Human Resources and Skills Development Canada, Immigration and Refugee Protection Regulations, Immigration Law, Live-in-caregiver program, LMO, offer of employment, Operational Bulletin 275-C, temporary foreign worker, work permit
Posted in Corporate Immigration, Human Resources | 2 Comments »

Canadian government reduces immigration targets for parents and grandparents

Thursday, February 17th, 2011

On February 13, 2011, Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism announced that, in 2010, Canada welcomed the highest number of legal immigrants in more than 50 years (280,636 permanent residents). A day later, New Democrat immigration critic Olivia Chow stated during a press conference that information obtained under an Access to Information Act request revealed that the federal government intends to further reduce the immigration targets for parents and grandparents from 15,300 in 2010 to 11,000.

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Tags: Citizenship, Citizenship and Immigration Canada, employment law, family sponsorships, Foreign workers, Immigration and Multiculturalism, workforce
Posted in Corporate Immigration, Human Resources | Make a Comment »

Fact or fiction: The use of illegal employment in provincial nominee applications

Thursday, January 20th, 2011

Earlier this month, the QMI Agency reported that senior Citizenship and Immigration Canada officials had said illegal work experience could count towards a permanent residence application filed under a Provincial Nominee Program. Was this fact or fiction?

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Tags: Citizenship, Citizenship and Immigration Canada, employment law, foreign nationals, Foreign workers, illegal employment, Immigration and Multiculturalism, Immigration and Refugee Protection Act, provincial nominee program
Posted in Corporate Immigration, Human Resources | Make a Comment »

New free trade agreement will allow certain Colombian citizens to work in Canada

Thursday, September 16th, 2010

On June 30, 2010, the Minister of International Trade announced that legislation to implement the recently signed Canada-Colombia Free Trade Agreement had received Royal Assent. From the perspective of immigration practitioners (and perhaps HR professionals), this is exciting news because once the legislation is effective, several additional work permit categories will become available to Colombian Citizens.

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Tags: Canada-Chile Free Trade Agreement, Canada-Colombia Free Trade Agreement, canadian employment law, Colombian citizens, employment law, Foreign workers, Free Trade Agreement, Hiring foreign workers, Immigration and Refugee Protection Regulations, Immigration Law, North American Free Trade Agreement
Posted in Corporate Immigration, Human Resources, Recruiting and Hiring | Make a Comment »

When does your Canadian employee need a U.S. work permit?

Tuesday, August 31st, 2010

On occasion, Canadian HR professionals will be asked if one of their employees requires a work permit to enter the United States. The answer to this question depends on whether the proposed activity falls within the scope of the B-1 business visitor category. The problem lies in the lack of clear guidelines for B-1 business visitors and the considerable amount of discretion given to USCBP officers, who inspect foreign travelers seeking admission to the United States.

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Tags: Alien, B-1 business visitor category, business visitor, Department of Homeland Security, Foreign Affairs Manual, Foreign workers, Hiring foreign workers, HR professionals, Immigration and Nationality Act, licensed immigration lawyer, NAFTA, North American Free Trade Agreement, U.S. Department of State, United States, United States Citizenship and Immigration Services, United States Customs Border Protection, US work permit, work permit
Posted in Corporate Immigration, Human Resources, Recruiting and Hiring | Make a Comment »

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