Law

USCIS issues guidance clarifying processes and requirements for expedite requests

On 21 March 2024, U.S. Citizenship and Immigration Services (USCIS) updated sections of its Policy Manual relating to expedite requests. The updated Policy Manual clarifies how USCIS considers expedite requests related to government interests, emergencies, and urgent humanitarian situations, including travel-related requests.

Canada bringing back visa requirements for Mexican nationals

Mexican citizens will now require a Canadian temporary resident visa for travel to Canada. Learn more.

EY CA Mobility: Immigration alert - February 2024 - New immigration stream under the Alberta Advantage Immigration Program

New immigration stream under the Alberta Advantage Immigration Program. Learn more.

USCIS Issues Final Rule to Adjust Certain Immigration and Naturalization Fees

USCIS Issues Final Rule to Adjust Certain Immigration and Naturalization Fees. Learn more.

USCIS announces strengthened integrity measures for H-1B program

USCIS announces strengthened integrity measures for H-1B program. Learn more.

Canada announces changes to student work permits and implements a cap on international student admissions

The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship (IRCC) has announced the implementation of a two-year cap on international student applications to stabilize the growth of the International Student Program for the next two years. As well, new limits on work permits issued to international students or their spouses have also been recently announced.

USCIS premium processing fees to increase in February 2024

United States Citizenship and Immigration Services premium processing fees to increase in February 2024.

EY CA Mobility: Immigration alert - December 2023 - Overview of key immigration updates for Québec

On 22 November 2023, the Ministry of Immigration, Francisation and Integration (MIFI) announced that beginning on 11 December 2023, employers can submit applications online for Quebec Acceptance Certificates (CAQ) and Validated Job Offers (VJO), via the ARRIMA platform. This platform is already in use for other types of applications. Electronic transmission will become mandatory as of 22 January 2024. An exemption will be maintained for certain sectors, such as the agricultural sector. Decisions will be issued electronically as well.

Government updates the Temporary Foreign Worker Program for LMIAs

The Canadian government has recently announced the extension of temporary measures and changes to the Temporary Foreign Worker (TFW) Program Workforce Solutions Road Map that will be in place until 30 August 2024.

Executive Order on the development and use of Artificial Intelligence

Executive Order on the development and use of AI. Learn more.

Visa processing delays at the Canadian High Commission in India

On Thursday 19 October 2023, Minister Marc Miller, Canada’s Minister of Immigration, held a press conference to provide an update on the situation between Canada and India, specifically as it relates to immigration processing. Amid the ongoing diplomatic dispute between the two countries, the Canadian government has announced a reduction in staff at the Canadian visa office in New Delhi, which will in turn negatively impact processing times for visas being handled at that office. While continued processing of applications is reassuring, clients throughout the Canadian immigration process may start to experience delays throughout the various stages of the immigration process over the coming months.

EY CA Mobility: Immigration alert - October 2023 - Pilot program launches to streamline work permit processing for Canadian employers recruiting in the Philippines

On 19 October 2023, the Minister of Immigration, Refugees and Citizenship, the Honourable Marc Miller announced the launch of the CAN Work Philippines program – a pilot program aimed at streamlining the work permit processing for eligible Canadian employers recruiting in the Philippines.

Work authorization and travel program updates end fiscal year 2023 on a positive note

As part of its continuing commitment to reduce processing times and backlogs, U.S. Citizenship and Immigration Services (“USCIS”) announced on 27 September 2023 that new updates to its Policy Manual reflect that certain initial and renewal Employment Authorization Documents (“EADs”) will now carry a maximum validity period of five (5) years instead of two (2).

EY US Mobility: Immigration alert - September 2023 - United States government set to suffer lapse in funding to begin fiscal year 2024

With just under a week before the federal government’s current funding will run out, the United States Congress appears no closer to authorizing more spending in order to avoid a partial shutdown.

USCIS issues policy guidance to clarify eligibility for Extraordinary Ability and Outstanding Professor or Researcher immigrant visa classifications

New USCIS policy guidance: Evaluating eligibility for Extraordinary Ability and Outstanding Professor or Researcher immigration visa classifications.

EY CA Mobility: Immigration alert - August 2023 - New Recognized Employer Pilot (REP) Program under the Temporary Foreign Worker (TFW) Program

The Minister of Employment, Workforce Development and Official Languages, Randy Boissonnault has just announced the introduction of a Recognized Employer Pilot (REP) under the Temporary Foreign Worker (TFW) Program. This is a three-year initiative to help reduce administrative challenges for compliant employers to hire worker they need.

USCIS announces completion of second random selection from previously submitted FY 2024 H-1B cap registrations

On 31 July 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it completed a second random H-1B selection from previously submitted electronic registrations for Fiscal Year (FY) 2024. All prospective petitioners with selected registrations from the second random selection will have had their myUSCIS accounts updated to include the new selection notice(s).

EY US Mobility: Immigration alert - July 2023 - July 2023 updates for Form I-9, Employment Eligibility Verification

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have announced an optional procedure as an alternative to the in-person physical examination of documentation required to complete the Form I-9, Employment Eligibility Verification (Form I-9). The optional procedure may be used by qualifying U.S. employers beginning 1 August 2023.

USCIS policy guidance on rescheduling biometrics services appointments

On 6 July 2023, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance outlining procedures relating to requests to reschedule biometric services appointments. The policy guidance clarifies what constitutes good cause requests to reschedule a biometric services appointment.

USCIS expands premium processing to change of status requests for applicants seeking F, M, or J status

On 12 June 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it will be expanding premium processing for certain nonimmigrant visa applicants. Applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, to change to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status will now be eligible for premium processing.

U.S. employers must ensure compliance with Form I-9 physical inspection requirements by 30 August 2023

Effective 31 July 2023, COVID-19 related flexibilities for employers completing Employment Eligibility Verification (Form I-9) procedures that have been in effect since March 2020 will sunset. A 4 May 2023 announcement from the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) clarified that all employers who have been relying on these flexibilities in completing Form I-9 will have until 30 August 2023 to physically inspect and review employees’ identity and employment authorization documents and update their I-9s accordingly.