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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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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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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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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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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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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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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Friday, August 20th, 2010
The Ministry of Labour just laid charges carrying fines of up to $17,000,000 against two companies that ran and supplied a platform that collapsed last year. There were also charges against executives and supervisors that could carry fines and time in jail.
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Thursday, August 19th, 2010
I previously reported that Citizenship and Immigration Canada (CIC) had posted a notice on its website stating that it would no longer process work permit extensions filed concurrently with pending Labour Market Opinion applications. In response to concerns raised by the Canadian Bar Association National Citizenship and Immigration Section, CIC has now provided further clarification of this notice.
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Thursday, August 19th, 2010
I previously reported that following the issuance of its Ministerial Instructions, Citizenship and Immigration Canada (CIC) also revised its IMM 5612 Document Checklist, which is used for the initial filing of Federal Skilled Worker applications with the Central Intake Office. The revised IMM 5612 imposes a requirement that applicants also submit all documents listed on the specific visa office document checklist applicable to the consular post where the application will be processed. CIC has now clarified some of the issues raised by its revised IMM 5612.
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Wednesday, July 28th, 2010
Following the issuance of revised Ministerial Instructions in June 2010, Citizenship and Immigration Canada also revised its IMM 5612 Document Checklist, which is used for the initial filing of Federal Skilled Worker applications with the Central Intake Office. The language proficiency assessment was an expected addition to IMM 5612. However, what was not expected is the requirement that applicants also submit all documents listed on the specific visa office document checklist applicable to the consular post where the application will be processed.
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Wednesday, July 28th, 2010
Until recently, a work permit extension application (for a NOC 0, A, or B occupation), which required an approved Labour Market Opinion (“LMO”), could be filed concurrently with a pending LMO application. However, in July 2010, Citizenship and Immigration Canada (“CIC”) posted a notice on its website indicating that concurrent filing would no longer be permitted.
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Wednesday, June 30th, 2010
On June 25, 2010, Citizenship and Immigration Canada published Ministerial Instructions and proposed regulations that significantly alter the Federal Skilled Worker Program, Federal Immigrant Investor Program and Canadian Experience Class. An overview of the resulting changes, which became effective on June 26, 2010, is provided herein.
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Tuesday, April 6th, 2010
Starting April 16, 2010, Citizenship and Immigration Canada (CIC) will be conducting a public consultation on immigration and labour market needs in Canada.
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