Global Immigration Counsel : Immigration Lawyer & Attorney : Littler Mendelson Law Firm : Permanent Residence, Labor Certification : Global Immigration Counsel

A recent report by the New York Times observes that, as global migration has increased, so has the importance and influence of the International Organization for Migration (IOM), an intergovernmental organization focusing on migration-related issues. IOM, founded in 1951 and comprised of 132 member countries (89 of which joined in the past 20 years), assists governments and individuals. For example, IOM has helped recruit meatpackers for Canada, assisted the U.K. government screen would-be migrants for tuberculosis, and installed microscopes in Bangladesh’s airports to detect passport fraud. Assistance for individuals has included aiding migrants’ repatriation during armed conflicts, and staging folk dramas to warn against sex trafficking.

The Times observes that IOM’s influence varies by location, noting that “[t]he United States and other rich donors largely dictate [IOM’s] agenda and ensure that it does not erode their power to decide which migrants they admit and how many.” In nations whose labor needs are satisfied via migrant workforces, and in nations that supply migrant workers, IOM plays a heightened role in guiding policy and educating and assisting workers. Although some of IOM’s actions have been criticized by policy groups and government officials, with a $1.4 billion budget, it appears that the group, originally established to resettle Europeans displaced by World War II, will remain an active participant in global migration affairs.

Photo credit: Vasare

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The federal government has announced changes to the Temporary Foreign Workers Program to enhance the protection of temporary foreign workers. To learn more about the changes and their implications for employers, please continue reading at our collaborative blog, Global Employment Law.

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The U.S. Mission in Canada has announced that, as of September 1, 2010, individuals who need a visa in order to travel from Canada to the United States will receive appointment services, including information and scheduling-related calls, at no cost. Additionally, visa applicants are directed to Consular Services Canada’s Visa Information Services to obtain information on starting an application for a U.S. visa. Under the new scheme, applicants must pay their application fee prior to scheduling an appointment. For those who previously paid the fee, but had not scheduled an appointment, there will be a grace period, until October 1, 2010, in which to schedule an appointment and apply that fee. Those failing to do so prior to October 1 will be required to pay the fee again to secure an appointment.

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Computerworld reports that the United States government is reviewing whether the recently-enacted border security law, funded through increased H-1B and L-1 visa application fees for certain foreign-owned companies, runs afoul of World Trade Organization rules, as the law’s opponents and India’s Commerce Secretary contend. However, the issue was only briefly addressed in a recent U.S. Department of State press briefing during which a spokesperson confirmed that discussions about the law were being held between U.S. and Indian officials. Some suggest that the law could increase Indian companies’ U.S. operating costs by $250 million per year.

In a separate article, Computerworld reports that the law has caused rare consensus among H-1B visa advocates and opponents. Individuals on both sides contend that the bill will not create IT jobs for Americans. They suggest that targeted companies—foreign entities operating in the U.S. whose workforce is 50% or more foreign—can easily shift operations to Canada or Latin America. Finally, there are concerns that the fees’ generated revenue is misdirected, and that the funds should be used to spur innovation in the U.S. technology industry rather than to increase law enforcement operations at the United States’ southwestern border.

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Canada is on the verge of a backlog of skilled immigrant applications, reports the Toronto Star. Recent government data shows that the average processing time is seven and a half years. Currently, 600,000 applications have been submitted for the 80,055 available 2010 skilled immigrant visas, more than half of which were submitted after March 2008.

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Over the past few years, the number of individuals using “trusted traveler” programs has increased, reports USA Today. These programs offer members the ability to expeditiously clear customs. The membership fee runs from $50 to $122.50 depending on the program, and membership lasts for five years. To qualify, applicants must pass a government-run background check (including fingerprint submission), a process that takes four to six weeks. Individuals with criminal records or who have violated immigration laws are ineligible.

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Citizenship and Immigration Canada has announced that temporary residents seeking work permits or extensions of their stays in the country now can apply online. The online option, however, will not be available for co-op program work permit applications.

The online application will reduce processing time because, unlike paper applications which might be submitted partially complete, thereby requiring their return, online applications must be fully completed at the time of submission.

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In an effort to boost trade with India, Canada has announced a new visa scheme for business visitors from India, according to expressindia.com. The new scheme will offer multiple-entry visas to Indian citizens, and business visa applications will be cleared within 24 hours. Canada also intends to double the number of Indian students to whom visas will be awarded. The move comes as Canada and India finalize nuclear cooperation and investment protection agreements.

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gantdaily.com reports that Canada will cut its immigrant visa quota by 3,000 while keeping the 2010 permanent resident visa quota at current levels of between 240,000 and 265,000. The lower immigrant visa quota is based on the 18-month processing time for applications of refugee status claimants. The quota, however, may go up again in 2011 and 2012 because vacancies on the Immigration and Refugee Board will soon be filled.

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Human Resources and Skills Development Canada (HRSDC) announced that it will no longer issue labor market opinions (LMOs) without expiration dates. This ensures that current labor market conditions are accurately assessed upon issuance.

In May 2009, HRSDC mandated that LMOs submitted with work permit applications would only be valid for six months. LMOs submitted after the expiration date will not be considered and those applications will be returned as incomplete.

Live-in caregiver applications in Quebec are an exception. In these instances, applicants first apply for an LMO and then, upon receipt but before applying for a work permit, must apply for the certificat d’acceptation du Québec (CAQ). These LMOs will be valid for three months following a CAQ’s issuance.

The LMO expiration date is different from the LMO duration of employment or the work permit expiration period. The LMO expiration date determines whether an LMO is valid when the work permit application is submitted, whereas the LMO work duration represents the timeframe of work the employer had requested and which was approved by HRSDC. The duration of work permits remains at the discretion of Citizenship and Immigration Canada and Canada Border Services Agency. It should be noted that if an employer has specific timelines for a short employment opportunity, HRSDC/Service Canada may issue LMO confirmations that expire in under 6 months.

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Canadian trade officials announced that the Canada-Peru Free Trade Agreement (CPFTA) became effective on August 1. In addition to addressing issues of trade, investment, and the environment, the CPFTA also details how immigration will be fostered between Canada and Peru.

Under the CFPTA, each country will issue temporary business visitor visas to qualified applicants. However, work permits can be denied when that person’s entry would adversely affect: 

• settlement of an ongoing labor dispute at the intended place of employment; or
• employment of a person involved in a dispute.

Additionally, the countries will:

• limit visa application fees for temporary entry of business persons; and
• issue decisions concerning business visa applications within 45 days of submission.

The countries have also agreed to exchange information concerning business visa requirements so that each could familiarize itself with the other’s policies and procedures. Furthermore, each country has agreed to collect, maintain and—upon request—distribute data pertaining to business visa programs as it relates to citizens of the partner nation.

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The Globe & Mail reports that the conservative-led Canadian government is expected to propose reforms to its refugee system in fall 2009. The reforms include adopting an application system that would fast-track asylum claims by individuals from countries generally considered safe. Under the current system, the Immigration and Refugee Board (IRB) is charged with hearing claims, issuing decisions and handling appeals. The reforms are aimed at expediting the process by allowing immigration officers to hear claims and issue decisions, leaving only appeals to the IRB. Canada has experienced an increase in asylum petitions, and seeks to curb unfounded claims while ensuring due process is afforded to qualified applicants.

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The Los Angeles Times has reported that President Obama believes immigration reform is unlikely this year and that it must wait until 2010. Although promises of immigration reform during his first year in office were made during the campaign—and high-ranking legislators predicted reform could occur in 2009—current pressing matters, such as economic recovery and healthcare reform, have forced the administration to reprioritize. The delay is upsetting to advocates who suggest that immigration reform will not be as complex and time-consuming as the administration appears to believe.

President Obama made his statement about immigration reform while in Mexico meeting with his NAFTA counterparts, Mexican President Felipe Calderon and Canadian Prime Minister Stephen Harper. Other topics discussed at the meetings were the “Buy American” provisions of the stimulus package and the United States’ restrictions on Mexican truckers.

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As of July 14, 2009, Czech and Mexican nationals must possess a Temporary Resident Visa to visit Canada.

Over the past four years Canada has seen a large increase in refugee claims filed by nationals of both countries. Since 2005, Mexican nationals have accounted for 25% of all claims filed in Canada. The second largest group is Czech nationals who have filed over 3,000 claims since October 2007, a sharp increase compared to less than 5 in 2006.

Citizenship and Immigration Canada has experienced significant cost increases, processing delays, and has instituted the visa restrictions for Mexican and Czech nationals because it believes the volume of claims submitted undermines its ability to help individuals fleeing real persecution.

Now, in order to visit Canada, Mexican and Czech nationals must demonstrate to immigration officials that:

• Their visit to Canada is temporary
• They will not overstay their visa
• They have enough money to cover their stay
• They are in good health
• They do not have a criminal record, and
• They are not a security risk

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Canada’s Citizenship, Immigration and Multiculturalism Minister, Jason Kenney, has announced  the release of “The Employer’s Roadmap,” which helps guide employers in hiring, assimilating, and retaining internationally trained workers.

The Roadmap is a tool for employers, human resources professionals, recruiters and managers in small to medium-sized enterprises and covers topics such as:

• the benefits of hiring internationally trained workers;
• how to hire and recruit such workers;
• how to assess qualifications; and
• how to integrate and retain employees with different professional and cultural backgrounds into the workforce.

This resource is one of several measures that the Canadian government is taking to help newcomers quickly and successfully integrate into the Canadian labor market. Another measure is Canada’s Economic Action Plan, which includes an investment of $50 million (Canadian) to help develop a common approach to foreign credential recognition.

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The United States’ Western Hemisphere Travel Initiative (WHTI), which heightens the document requirements for entering and re-entering the United States by land or sea, went into effect on June 1. The WHTI requires all citizens of the US, Canada, Mexico, Bermuda, and Caribbean nations to have a passport or other form of approved documentation in order to enter or depart the US. As reported by JURIST, some have voiced concerns about the rules’ impact on tourism in the US and Canada, whose border has been called the "world's longest undefended border." The WHTI rules were promulgated under the Intelligence Reform and Terrorism Prevention Act of 2004, which required the Department of Homeland Security and the Department of State to develop and implement a plan requiring travelers to present secure identification documents when entering or re-entering the United States.

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As reported at KableNET.com, the UK Border Agency plans to work with the United States, Canada and Australia to “introduce a system of appropriate data protection arrangements for fingerprint checks and data sharing.” This system, which is intended to help identify and bar foreign criminals from entering the UK, is one of the programs discussed in the agency’s business plan  issued on April 1.

Other highlights of the business plan include:

• As of December 2008, the agency had enrolled more than 3.6 million sets of fingerprints from visa applicants, finding more than 5,200 cases of identity swaps.
• By December 2009, the agency will open its National Border Targeting Centre, checking 60% of all international passenger movements (with the goal of checking 95% of movements by the end of 2010).
• By 2011, all new applicants coming to the UK for more than six months, or extending their stay, will need to have a biometric identity card.
   

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As reported in The Edmonton Sun, Canada’s immigration department is planning to give preferred treatment to some business travelers, allowing them to obtain visas much faster than other visitors. Under the plan to streamline the visa process for business visitors, employees of established companies with operations in Canada would get visas in as few as one or two days.

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