PEI Immigration Investor Program Fallout Continues

Posted by Veronica Zanfir|Global Immigration
Sep 11
28


Following the cancellation of the PEI Immigration Investor Program due to “mismanagement”, the investigation has taken a new turn as the federal government requested that the RCMP and CBSA investigate allegations of fraud and bribery in the program. Officers responsible for assessing applications accuse managers of the program of travelling to China on trips paid for with fees charged to immigration applicants, then receiving cash in exchange for pressuring the decision-making officers to approve applications that would have otherwise been refused or that had already been refused.


Posted by Veronica Zanfir » No Comments »

Canadian courts approve domestic servant visas for Husky Energy Executive

Posted by Veronica Zanfir|Global Immigration
Sep 11
28


Two domestic servants who had worked in their entire life with their employer overseas have now received visas to continue their employment with their employer while the latter heads a major Canadian corporation. Mr. Asim Ghosh, the president and CEO of Husky Energy employed the domestic servants, two brothers of Nepalese descent, to provide for the upkeep and maintenance of  Mr. Ghosh’s home in India for the better part of their lives. Once Mr. Gosh relocated to Canada, the two brothers applied for work permits to accompany their employer. The New Delhi visa post at first refused to issue the work permits, indicating that high income received in Canada would induce the brothers to remain here permanently. The Federal Court, however, overturned that decision indicating that the higher wages earned in Canada would be the very reason for coming.


Posted by Veronica Zanfir » No Comments »

Visit us at the The 27th Annual CanWEA Conference and Exhibition in Vancouver

Sep 11
26


Canadian Wind Energy Association (CanWEA) Conference and Exhibition

October 3 – 6, 2011,

Vancouver Convention Centre, Vancouver, BC

We are pleased to announce that our firm will once again be participating at this year’s CanWEA conference and exhibition.

Please visit us at Booth #1131 where several of our Canadian immigration lawyers and US attorneys will be on hand to answer any questions you may have relating to your organization’s immigration objectives.

Further information about the conference can be found at www.CanWEA.ca.


Posted by Karen » No Comments »

Intra-Company Transferees Now Able to “Recapture” Time Spent outside of Canada

Sep 11
20


Citizenship and Immigration Canada (CIC) has announced new guidelines enabling intra-company transferees to recapture time spent outside of Canada, thereby facilitating work permit extensions beyond the 5- and 7-year caps currently in place for work permits issued under this category.

Background
The intra-company transfer work permit category allows eligible specialized knowledge workers, senior managers and executives to obtain a Canadian work permit without requiring their employer to first obtain a positive Labour Market Opinion.

Under Canada’s current immigration laws, specialized knowledge workers may hold a work permit under the intra-company transfer category for a maximum duration of 5 years, while senior managers and executives are limited to a maximum 7 years. After intra-company transferees have held a work permit for the maximum time allowed, they must complete one year of full-time employment in the company outside of Canada before they may re-apply under this category.

New Guidance – Recapturing Time
Normally, the duration of the work permit is used to calculate the maximum five- or seven-year time limit that an intra-company transferee is allowed to work in Canada. As such, a specialized technician who has held a work permit for 5 years but only worked in the country for a cumulative 3 years would previously still be required to complete one year of work outside of Canada before reapplying under the intra-company transfer category. However, with CIC’s new guidelines, this has changed. While the caps are still in place, foreign workers who work in Canada on a periodic basis may now ‘recapture’ any documented time spent outside Canada for the duration of the work permit.

For example, if a senior manager intra-company transferee holds a work permit for one year and spends two 2-month stints over the course of the 12 months working in the U.S., then only 8 months would count against their seven-year limit. In summary, documented time spent outside Canada can be “recaptured” to allow the intra-company transferee five or seven full years of physical presence in Canada.

Recommendation
This new guideline, which echoes the recapture provisions utilized by US immigration authorities, comes as welcome news to many companies that rely on the services and expertise of intra-company transferees. In order to fully benefit from this new provision, however, all periods and locations of work must be documented.

For further details and updates regarding this and other Canadian work permit categories, contact PricewaterhouseCoopers Immigration Law LLP.


Posted by Melodie Hughes » No Comments »

BC PNP Suspended Entry-Level Semi-Skilled Pilot Project

Posted by Donna Habsha|Canada Immigration
Sep 11
19


The BC PNP has suspended the Entry-Level Semi-Skilled Pilot Project. No new applications are being accepted.

As noted on the BC PNP website:

The Entry-Level and Semi Skilled Pilot Project of the BC PNP expired on August 31, 2011. A review of this pilot project is currently being completed and an update will be posted on our website over the next few weeks.

Until further notice, applications will not be accepted for processing after August 31, 2011. Any ELSS applications received after this date will be returned unprocessed.

Applications received prior to the expiry of the pilot project will be accepted for processing only if the applicant meets the requirement of having at least 9 months of consecutive work experience with the same employer at the time the application is received.


Posted by Donna Habsha » No Comments »

Upcoming Consultation Sessions on the Temporary Foreign Worker Program

Posted by Donna Habsha|Canada Immigration
Sep 11
19


In a speech to the Calgary Chamber of Commerce, Minister Jason Kenney announced upcoming consultation sessions on the temporary foreign worker program will take place in Calgary next month. Human Resources and Skills Development Minister Diane Finley will co-host this consultation. Invited participants will include employers from the oil and gas, construction, agriculture and hospitality sectors, as well as labour representatives. The stated goal of the consultation sessions is to make the foreign worker program more responsive to Canadian labour market needs, protect employment opportunities for Canadians and support overall economic growth.


Posted by Donna Habsha » No Comments »

New Prevailing Wage Rates for H-2B Visas Cause Delays and Complaints

Sep 11
15


After assessing that the current wage calculation does not sufficiently reflect the rate necessary to ensure that U.S. workers are not adversely affected by the employment of the foreign workers (as required by immigration regulations), the Department of Labor (DOL) issued a final rule revising the methodology for calculating prevailing wages to be paid by employers to H-2B workers in January. This change will raise costs for employers who use the H-2B program. After the June 15, 2011 ruling by a U.S. District Court, the effective date of this change, which had been on or after January 1, 2012, is now set for all work performed on or after September 30, 2011.

The Office of Foreign Labor Certification’s National Prevailing Wage Center is in the process of reissuing 3,500 H-2B wage redeterminations, while at the same time adopting plans designed to minimize delays in processing the pending H-1B, H-2B and PERM prevailing wage applications. As DOL devotes its commitment and most of its human resources in the redetermination of wages, there have been resulting delays of the other wage determination applications submitted to the National Prevailing Wage Center. It was reported today that applicants were beginning to receive PERM prevailing wage determinations for requests that were submitted as early as June 23, 2011.

While DOL expeditiously works to comply with this new change, according to the New York Times, industries heavily dependent on immigrant workers fear that the DOL’s decision will cause immediate retroactive and significantly burdensome changes to wage rates, which will approximately double for some H-2B workers. Several Louisiana Food Associations have already brought federal lawsuits against the DOL and the Department of Homeland Security. In addition, U.S. employers are worried about the impact of this new H-2B prevailing wage rule in that it will stifle industries’ process and benefit only those foreign competitors who use illegal workers.

H-2B Seasonal Worker Visa is for temporary or seasonal workers in the nonagricultural fields, such as landscape, cleaning, construction, hotel, and restaurant workers. Under the current H-2B program, employers can bring in up to 66,000 temporary workers each year.

For further information about the H-2B visa, or in obtaining a prevailing wage determination in support of any immigrant application, please feel free to contact PricewaterhouseCoopers Immigration Law LLP at pwcimmigrationlaw-info@ca.pwc.com or at 1-800-993-9971.


Posted by Immigration Law Team » No Comments »

Visit us at the Canadian Employee Relocation Council Conference in Calgary

Sep 11
14


Canadian Employee Relocation Council Conference

September 25 – 27, 2011,

Hyatt Regency Hotel, Calgary, Alberta

We are pleased to announce that our firm will once again be participating at this year’s CERC conference.

Please visit us at Booth #5 where several of our Canadian immigration lawyers and US attorneys will be on hand to answer any questions you may have relating to your organization’s immigration objectives.

Janet Bomza will be making a presentation on ‘The New Temporary Foreign Worker Regulations: What Have We Learned?’ on Monday, September 26 from 3:45 to 5:00 pm.

Further information about the conference can be found at the CERC website.


Posted by Karen » No Comments »