Proposed Changes to E-2 Treaty Investor Category

Posted by Douglas Cowgill|US Immigration
Apr 15

U.S. Congressmen David Jolly is working on legislation that could significantly change the lives of E-2 Treaty Investors. Currently, this category is available to citizens of treaty countries who make a substantial investment in a U.S. business. It is a non-immigrant visa category, meaning that E-2 visa holders cannot become permanent residents unless they are eligible under an immigrant visa category.

At this time, the employment based immigrant visa categories are not directly in line with the E-2 visa. There are many situations where an E-2 visa holder would not be eligible for an employment based green card. For example, an E-2 investor would not be eligible under the fifth preference Employment category (EB-5), unless they had invested at least $500,000 in a Targeted Employment Area and created 10 full-time jobs. Further, an E-2 investor would not be eligible for the first preference Employment Category (EB-1C), unless they served as the Manager or Executive of an affiliated foreign business for at least one year.

The proposed legislation would rectify this problem by allowing E-2 visa holders to apply for permanent residence through a new category. The new category would require applicants to prove that they were physically present in the U.S. for at least 10 years in E-2 status. Additionally, the applicant must demonstrate that their U.S. business created at least two full-time jobs. If these criteria were met, the individual would be eligible for permanent residence.

In addition, the proposed legislation could have significant impacts for dependent children of the primary investor. Currently, children may only possess E-2 dependent status until they are 21 years old, and they cannot apply for work authorization. The proposed legislation would allow children to remain as E-2 dependents up to the age of 26, and would allow them to apply for work authorization once they are 18 years old.

It is important to note that at this time, the changes discussed above are merely proposed changes. To officially become part of U.S. law, the legislation must be approved by the U.S. House of Representatives, the U.S. Senate, and signed into law by the President. For further information about the E-2 visa category and the potential changes discussed above, please contact PricewaterhouseCoopers Immigration Law LLP.

Posted by Douglas Cowgill » No Comments »

Seventh Draw Held Under the New Express Entry Program

Posted by Pinaz Farzadi|Global Immigration
Apr 15

Citizenship and Immigration Canada issued 925 ITAs during their seventh draw which took place on April 11, 2015 at 00:00:01 UTC. Foreign nationals, who had a total of 469 points or more under the Comprehensive Ranking System, were issued an Invitation To Apply (ITA) to apply for PR.

This latest draw can be distinguished from all past draws as the number of ITAs issued has decreased and the minimum number of Comprehensive Ranking System (CRS) points has increased. However, the trend continues of ITAs being issued to those applicants who neither possess a valid employment offer with a Provincial Nominee Certificate nor a Labour Market Impact Assessment.

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Employment and Social Development Canada updates Provincial Median Wages for Canadian Provinces and Territories

Posted by Pinaz Farzadi|Canada Immigration
Apr 15

Effective April 30, 2015, Employment and Social Development Canada (ESDC) will be using an updated provincial median hourly wage chart when assessing applications within the Temporary Foreign Worker Program (TFWP).

The provincial median hourly wage is of utmost importance when filing a Labour Market Impact Assessment (LMIA) application since the wage dictates whether an LMIA application is considered to be a “high-wage” or “low-wage” position.

The figures for the top 10% wage earners for each province have also been updated. LMIA applications are eligible for 10-business day speed of service if the wage being offered for the position is at or above the top 10% of wages earned by Canadians or Permanent Residents in the province/territory, where the job is located.

The updated chart indicates an overall increase in the medium hourly wage from 2013 to 2014 in Canada, with the exceptions being Quebec and Northwest Territories, where the medium hourly wage has not changed. To access the chart please click here.

Posted by Pinaz Farzadi » No Comments »

Is your global workforce working within the law?

Posted by Immigration Law Team|Canada Immigration, Global Immigration
Apr 15

Companies seeking to fill talent gaps with foreign labour ignore immigration rules at their peril.  We’ve identified five ways your company can fill talent gaps with foreign labour while staying on the right side of the law.

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