Author Archive - Henry J. Chang, Dentons LLP

Henry J. Chang is a partner in the firm’s Employment and Labor Group. He currently practices in the areas of Canadian and United States business immigration law, international business law, and cannabis law. Read more

E-1 Visas for Canadian production companies

March 18, 2020 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring, 0

Canadian production companies that sell films and/or television productions to US-based companies (including US studios, independents and streaming services) can face difficulties when sending their key personnel to the United States. The issue frequently arises when some or all of the Canadian production is scheduled to take place on location in the US.

employment law, foreign nationals, Labour Law, trade workers, visas, work permits

DHS commences pilot project to collect DNA from certain travellers

February 13, 2020 Henry J. Chang, Dentons LLP Employee Relations, Human Resources, Privacy and Security, 0

The Department of Homeland Security (DHS) recently announced a pilot project to collect DNA samples from certain travellers, which commenced on January 6, 2020. This announcement has prompted questions from Canadians (and other foreign nationals), who are concerned that they may be required to provide a sample of their DNA when travelling to the United States.

cross-border travel, DNA collection, employment law, privacy and security risks, travel to the US

The Government of Canada implements its New Preclearance Act

September 18, 2019 Henry J. Chang, Dentons LLP Corporate Immigration, Employee Relations, Human Resources, Human Rights, Privacy and Security, 0

On August 15, 2019, US Department of Homeland Security announced that the United States and Canada had implemented its Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of the United States of America and the Government of Canada (Preclearance Agreement). The Preclearance Agreement was signed by the US Secretary of Homeland Security and Canadian Minister of Public Safety and Emergency Preparedness on March 16, 2015, as part of the Beyond the Border Action Plan.

border searches, border searches of electronic devices, border security, Canada Border Services Agency, employee travel, employment law, New Preclearance Act, State Immunity Act, USCBP

An overview of Canada’s Start-Up Business Class

July 17, 2019 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring, 0

Despite the fact that the United States (and many other western countries) have adopted more restrictive immigration policies, Canada remains relatively open to accepting new immigrants.

corporate immigration, employment law, immigrant entrepreneurs, immigration program, work permits

Cannabis in the United States and its implications in naturalization applications

June 12, 2019 Henry J. Chang, Dentons LLP Corporate Immigration, Health and Safety, Human Resources, Human Rights, International HR Law, 0

In April 2019, the media reported that the United States Citizenship and Immigration Services (USCIS) had denied the naturalization applications of at least two lawful permanent residents who had worked for state-licensed cannabis businesses in the State of Colorado.

cannabis, Cannabis legalization, Citizenship and Immigration, Controlled Substances Act, employment law, marijuana, US Immigration and Nationality Act

Immigration consequences of Canadian criminal offences

May 10, 2019 Henry J. Chang, Dentons LLP Human Resources, Penalties and Fines, Recruiting and Hiring, 0

When criminal lawyers represent their clients, they may not always consider the immigration implications of the case. However, unless their client is a Canadian citizen, many criminal offences will have potentially adverse consequences. A brief discussion of immigration consequences arising from Canadian criminal offences is provided below.

criminal offences, employment law, hybrid offences, Immigration Law, serious criminality

How US federal cannabis legalization would affect US immigration laws

April 12, 2019 Henry J. Chang, Dentons LLP Employee Relations, Government Budgets, Throne Speeches and Plans, Human Resources, 0

During the 115th United States Congress, several Bills were introduced to legalize marijuana at the federal level. The Bills that received the most attention were:

cannabis, employment law, foreign nationals, grounds of inadmissibility, marijuana industry, marijuana legalization, travel to the US

A review of U.S. border crossing issues one month after cannabis legalization

November 20, 2018 Henry J. Chang, Dentons LLP Corporate Immigration, Health and Safety, HR Policies and Procedures, Human Resources

As we are now at the one-month anniversary of cannabis legalization in Canada, it would be an appropriate time to revisit the issue of U.S. border crossings, in the context of cannabis.

cannabis, employment law, Foreign workers, international travel, investing in cannabis companies, marijuana, recreational cannabis, recreational marijuana, U.S. border crossing, use and possession of marijuana

Canadian companies should educate their employees prior to marijuana legalization

October 12, 2018 Henry J. Chang, Dentons LLP Employee Relations, Government Budgets, Throne Speeches and Plans, HR Policies and Procedures, Human Resources

In order to minimize the risk of employees being barred from the United States, Canadian employers should educate their workforce on the above issues prior to (or soon after) October 17, 2018.

border searches, cannabis, Cannabis legalization, managing a travelling workforce, marijuana, marijuana legalization, travel to the US

Does the Canada Border Services Agency have the authority to search your electronic devices?

August 15, 2018 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Human Rights

Travellers may feel that searches of their electronic devices at border crossings are an unreasonable violation of their privacy rights. However, they need to be aware that refusing to provide their password can have serious consequences.

authority to search electronic devices, border searches, Canada Border Services Agency, cross-border travel, employment law, violation of privacy rights

Recent changes to impaired driving offenses and their effect on Canada’s immigration laws

July 17, 2018 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

Once Bill C-46 becomes effective, even impaired driving offences not involving bodily harm or death will be considered serious criminality under IRPA 36(1).

Bill C-46, criminal code, employment law, immigration laws, impaired driving offenses

How the legalization of marijuana will affect your ability to travel to the United States

May 15, 2018 Henry J. Chang, Dentons LLP Employee Relations, HR Policies and Procedures, Human Resources

The legalization of marijuana (both in Canada and in some US states) has created considerable uncertainty for Canadian citizens, Canadian permanent residents, and other foreign nationals.

Cannabis Act, cross-border travel, employment law, Legalization of marijuana, marijuana possession, travel to the US, work permits

USCBP updates policy on border searches of electronic devices

January 17, 2018 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Privacy and Security

On January 4, 2018, United States Customs and Border Protection (“USCBP”) updated its official policy on border searches of electronic devices. The new policy directive[1] (the “New Directive”) supersedes its prior policy directive (the “Prior Directive), which was issued on August 20, 2009[2]. The New Directive addresses some, but not all, of the issues that arise in relation to border searches of electronic devices.

border searches of electronic devices, border security, Canada-US border, confidential information, detailed forensic search, employment law, foreign nationals, reasonable suspicion of criminal activity

President Trump’s latest travel ban and its effect on Canadian citizens and permanent residents

December 13, 2017 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

On December 4, 2017, in a 7-2 decision the United States Supreme Court lifted the temporary restraining order that had initially blocked President Trump’s latest travel ban.

employment law, foreign nationals, Foreign workers, latest travel ban, permanent residency

CETA offers enhanced labour mobility for EU nationals entering Canada

October 18, 2017 Henry J. Chang, Dentons LLP Corporate Immigration, Government Budgets, Throne Speeches and Plans, Human Resources

Canada and the European Union (“EU”) commenced their provisional application of the Canada-European Union Comprehensive Economic and Trade Agreement (“CETA”) on September 21, 2017.

Annex 10-E, Canada-European Union Comprehensive Economic and Trade Agreement, CETA, employment law, labour mobility, NAFTA, NOC