On April 29, 2010 a number of Senators submitted the “Real Enforcement with Practical Answers for Immigration Reform” (REPAIR) as a proposal for immigration reform in the United States.  Some major highlights from the proposal include the following: (1) immediate green cards for foreign students who have obtained an advanced degree from a U.S. academic institution of higher education in particular fields and who have an offer of employment from a U.S. employer; (2) elimination of per country employment caps; (3) new H-1B and L-1 visa requirements; (4) elimination of family-based immigrant visa backlogs over a specified period; and (5) a registration and acceptance of responsibility program for unauthorized foreign nationals in the U.S. with a path to “Lawful Prospective Immigrant” status.   The REPAIR proposal is an attempt at significant immigration reform in the United States and will be the subject of much debate in the coming months. 

In a lunch meeting with James McNamee, Acting Director at NHQ and Patricia Nicoll, Director Service Innovation Projects, Centralized Processing Region, the requirements surrounding submission of a Federal Skilled Worker application by Temporary Foreign Workers (TFW) and International Students was addressed. Despite the admitted ambiguity of the Federal Skilled Worker manual and related application forms, Mr. McNamee and Ms. Nicoll confirmed that TFW and International students ought to be engaged in the Canadian labour market or enrolled at a Canadian academic institution, as the case may be, at the time of submission of their application. While the Immigration and Refugee Protection Regulations and the Federal Skilled Worker manual do not expressly indicate this requirement, Ms. Nicoll did confirm it is not sufficient to have had 12 months of experience as a worker or student at some time prior to submission of your application under this stream. Contact one of our immigration lawyers to discuss your eligibility for Canadian Permanent Residence under the Federal Skilled Worker Program.

The Bomza Law Group has successfully assisted clients in obtaining I-192 Waivers for individuals who are inadmissible to the U.S.  We recently received a speedy waiver approval after only four months of processing with the Admissibility Review Office (ARO).  Contact one of our U.S. attorneys to discuss your inadmissibility and potential waiver options.

USCIS has announced that as of April 15, 2010, approximately 13,600 H-1B cap-subject petitions had been filed. USCIS has approved 5,800 H-1B petitions for aliens with advanced degrees.

If you have an offer of employment for a U.S. employer, call the Bomza Law Group today to explore work permit options to the United States under the H-1B, TN, or other categories.

The Expedited Labour Market Opinion (E-LMO) pilot project, which has been in effect in both British Columbia and Alberta since 2007, will come to an end as of April 15, 2010.

As of April 15, 2010, employers who wish to hire temporary foreign workers must apply for a Labour Market Opinion through the regular process and must not only indicate, but also demonstrate that:

• the job offer(s) is/are genuine;
• the wage rate meets (or exceeds) the prevailing wage rate, for the occupation and region;
• the working conditions are consistent with Canadian standards; and
• efforts to hire Canadians or permanent residents have been made and the Temporary Foreign Worker Program advertising guidelines have been followed.

Employers in British Columbia and Alberta must take notice of the above termination terms and plan accordingly to ensure the timely transfer of temporary foreign workers to Canada.

For further information please contact the Bomza Law Group Canadian Immigration Lawyers at info@bomzalawgroup.com or 1-800-993-9971.

As of April 21, 2010, International PhD graduates who have graduated from a publicly funded Ontario university can apply to Ontario Provincial Nominee Program without a job offer.

For further information please contact the Bomza Law Group Canadian Immigration Lawyers at info@bomzalawgroup.com or 1-800-993-9971.