foreign nationals

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

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.

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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

Three popular articles this week on HRinfodesk

November 2, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Corporate Immigration, Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

The three popular articles this week on HRinfodesk deal with: a recent policy statement released by the Ontario Human Rights Commission, a proposed increase to administrative monetary penalties under Bill 148 and consequential and technical changes to regulations made under the Employment Standards Act if the proposed Bill 148, Fair Workplaces, Better Jobs Act, 2017 is passed.

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How foreign nationals can legally avoid Ontario’s foreign buyer tax

August 14, 2017 Henry J. Chang, Dentons LLP Corporate Immigration, Government Budgets, Throne Speeches and Plans, Human Resources, Recruiting and Hiring

There is no doubt that the NRST (and other Ontario Government initiatives) has caused a significant drop in residential real estate sales. However, it may not have as significant an impact on many foreign nationals.

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IRCC announces details of global skills strategy

July 19, 2017 Henry J. Chang, Dentons LLP Announcements and Administration, Corporate Immigration, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, Health and Safety, Human Resources, Payroll, Recruiting and Hiring, Union Relations, Wages and Compensation

On June 12, 2017, Immigration, Refugees and Citizenship Canada (IRCC) announced details of its Global Skills Strategy. First announced in November 2016, the Global Skills Strategy is intended to help promote global investment in Canada and support the Government of Canada’s Innovation and Skills Plan.

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Temporary Resident Visa requirements lifted: Mexican citizens

December 16, 2016 Henry J. Chang, Dentons LLP Corporate Immigration, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Recruiting and Hiring

As I previously reported, on June 28, 2016, Prime Minister Justin Trudeau formally announced that the Temporary Resident Visa (TRV) requirement for citizens of Mexico travelling to Canada would be eliminated as of December 1, 2016. Mexican citizens may now enter Canada without first obtaining a TRV from a Canadian embassy or consulate.

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Quid pro quo: Barring U.S. citizens from Canada for DUI offenses

October 19, 2016 Henry J. Chang, Dentons LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Union Relations

Last month, the Canadian media reported on several instances of Canadian citizens being barred from the United States because they admitted to smoking marijuana, even if they had never been charged with or convicted of controlled substance possession. Canadian Public Safety Minister Ralph Goodale described the banning of Canadians as a “ridiculous situation” that needed to be addressed. However, in order to examine this issue in the proper context, we should consider how the Government of Canada treats United States citizens who seek entry into our country.

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Government of Canada announces termination of the eTA leniency period

September 21, 2016 Henry J. Chang, Dentons LLP Corporate Immigration, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Recruiting and Hiring

I previously reported that Immigration, Refugees, and Citizenship Canada had published regulations implementing its Electronic Travel Authorization (“eTA”) program. The regulations initially required eTAs to be mandatory as of March 15, 2016. However, the new Liberal Government decided to delay the enforcement of the eTA requirement by implementing a “leniency period.”

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CIC publishes ministerial instructions establishing the start-up business class

April 17, 2013 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

On March 30, 2013, Citizenship and Immigration Canada (“CIC”) published Ministerial Instructions in the Canada Gazette, which formally establish the new Start-Up Business Class. CIC also published Chapter 27 of the Overseas Processing Manual, which provides further details regarding the processing of such applications.

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New federal skilled worker program to begin accepting applications as of May 4, 2013

January 17, 2013 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

As previously reported, last year Citizenship and Immigration Canada (“CIC”) imposed a “temporary pause” on the acceptance of new Federal Skilled Worker Program (“FSWP”) applications, which became effective on July 1, 2012. On December 19, 2012, Citizenship, Immigration, and Multiculturalism Minister Jason Kenney announced that the FSWP will once again begin accepting new applications on May 4, 2013.

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Canada and the United States sign visa and immigration information-sharing agreement

December 19, 2012 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

On December 13, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney and United States Ambassador to Canada David Jacobson signed the U.S.-Canada Visa and Immigration Information-Sharing Agreement (the “Agreement”). The Agreement authorizes development of arrangements under which one country may send an automated request for data to the other country, such as when a third country national applies to Canada for a visa or claims asylum.

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Canada to begin collecting biometric data from certain foreign nationals

December 19, 2012 Henry J. Chang, Dentons LLP Corporate Immigration, Employee Relations, Human Resources, Human Rights, Privacy and Security

On December 8, 2012, CIC published proposed regulations that will authorize the collection and use of biometric data from certain foreign nationals. Starting in 2013, temporary resident visa, study permit, and work permit applicants from certain visa-required countries and territories who seek to enter Canada will be required to have their biometric information (fingerprints and photograph) collected overseas before arriving in Canada.

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Employment termination and maintenance of lawful status in Canada

August 16, 2012 Henry J. Chang, Dentons LLP Corporate Immigration, Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring

Foreign nationals who hold work permits in Canada sometimes wonder what will happen to their immigration status if they quit their jobs or are terminated by their Canadian employers. Surprisingly, the termination of a foreign national’s employment does not automatically invalidate his or her work permit or underlying temporary resident status. However, foreign nationals who travel abroad after the termination of their employment might not be able to return to Canada even if their work permits technically remain valid.

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CIC’s Come to Canada Wizard helps to assess immigration eligibility

March 15, 2012 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

Approximately seven months ago, Citizenship and Immigration Canada (“CIC”) launched its Come to Canada Wizard (the “Wizard”). It is a useful tool for prospective visitors, students, temporary workers, and permanent residents. However, the Wizard is still not a substitute for formal legal advice. One important shortcoming of the Wizard is the fact that it assesses only eligibility under the federal immigration categories.

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