Canada: Ontario Immigrant Nominee Program Re-Opens

Jan 18
18


In brief:
The Ontario Immigrant Nominee Program (“OINP”) announced today, January 18, 2018, that the federal government has increased Ontario’s 2018 allocation to a total of 6,600 nominations, and is once again accepting applications in most streams.

Discussion:
The increase of 600 nominations for a total of 6,600 nominations for 2018 follows the federal government’s recognition of the OINP’s past success, and its present and future importance to Ontario’s and Canada’s economy.

The OINP is currently accepting applications in the following streams:

  • Employer Job Offer: Foreign Worker Stream, International Student Stream, and In-Demand Skills Stream;
  • Ontario’s Express Entry: Human Capital Priorities Stream, French-Speaking Skilled Worker Stream, and Skilled Trades Stream;
  • Corporate Stream; and
  • Entrepreneur Stream.

The OINP advises all potential applicants to carefully review the recently updated OINP – Application Guides as processes may have changed since the coming into force of the new Ontario Immigration Act, 2015 (Bill 49).

The OINP will be monitoring the intake of applications for 2018, and once the intake limits have been reached, the OINP will provide an update. Programs are expected to pause and reopen until the nomination quota is reached, as was done in 2017. The OINP will also provide an update as soon as it begins accepting applications for the Masters Graduate and PhD Graduate Streams, respectively.

Impact:
The reopening of the online application system, and the allocation increase of 600 nominations for a total of 6,600 for 2018, are both positive developments. This will help individuals and employers alike, as well as Ontario and the country as a whole, to advance our economy forward.

For more information on Immigration to Ontario or any other immigration matter, please contact PwC LLP.


Posted by Immigration Law Team » No Comments »

US: Federal District Court orders DHS to partially resume the DACA program

Jan 18
12


In brief

On January 9, 2018, a federal district court judge issued an order directing the Department of Homeland Security (DHS) to resume accepting renewal applications from Deferred Action for Childhood Arrivals (DACA) beneficiaries. This order does not apply to new applicants who have never applied for DACA and all DACA-related Advance Parole applications.

Background

On September 5, 2017, the Trump Administration announced its plans to terminate the DACA program on March 5, 2018. United States Citizenship and Immigration Services (USCIS) would reject any initial DACA requests received after September 5, 2017 and would only process renewal DACA applications received on or before October 5, 2017 for DACA recipients whose benefits would expire between September 5, 2017 and March 5, 2018. (see prior alert)

Despite repeated efforts, Congress has yet to reach a deal on the continuation of DACA. On January 9, 2018, a federal district court judge issued an order directing DHS to partially resume the DACA program. As part of the order, the DHS is required to “maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the rescission on September 5, 2017” except with regards to applicants who have never applied for DACA and all applications for Advance Parole based on DACA. The DHS does not have to process applications relating to those two exceptions.

As part of the district court’s order, the DHS is required to post “reasonable public notice that it will resume receiving DACA renewal applications” and “prescribe a process” for accepting renewal applications. As of January 11, 2018, there have not been any further updates from DHS beyond noting that “more information is forthcoming”.

The Trump Administration has announced its intentions to appeal the ruling and could ask an appellate court to issue an emergency stay of the district court’s order. If a stay is granted, the DHS would not have to abide by the district court’s order.

Recommendations

In light of uncertainties on when and how the DHS will resume accepting renewal DACA applications, we recommend waiting to file DACA-based EAD extension applications until there is clearer guidance from the DHS.

For current DACA recipients, we recommend that they avoid international travel even with valid Advance Parole document. While the DHS has indicated they will honor the validity period for previously approved Advance Parole documents, Customs and Border Protection (CBP) has indicated Advance Parole does not guarantee admission into the US. Also, the DHS may revoke or terminate a grant of Advance Parole at any time.

PwC continues to monitor this matter and will be sure to update you as changes occur.

For further details regarding DACA or any other immigration matters, please contact a member of our team at PwC Law LLP.


Posted by Immigration Law Team » No Comments »