Consequence of the 3 month wait period for OHIP

Posted by Donna Habsha|Canada Immigration
Apr 11
25


A Toronto couple’s joy over the arrival of their twin daughters has been tempered by an unexpected OHIP bill totaling $22,000! The couple are young professionals in Canada on work permits. Their daughters arrived 3.5 months early and 17 days prior to their OHIP coverage commencing.

The Ontario Medical Association is recommending that the 3 month wait period to receive OHIP be scrapped for new Canadian Permanent Residents, returning Canadians and those on work permits. Often individuals in these classes cannot qualify for private insurance as their condition is pre-existing. Incidentally, being pregnant and seeking private insurance is considered a “pre-existing medical condition.”  

Ontario Health Minister, Deb Matthews states the three month wait period is important to counter abuse of the system. It remains to be seen what affect this unfortunate case will have on the policy in support of a three month wait period.


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USCIS Issues Final Rule on I-9′s

Posted by Karen|US Immigration
Apr 11
21


U.S. Citizenship and Immigration Services (USCIS) has recently announced that a new rule designed to improve the integrity of the Employment Eligibility Verification (Form I-9) process is being implemented.  The main changes that are adopted by this final rule include: prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.

Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.

The final rule is effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009).  The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on Jan. 5, 2011, and is available for review at www.uscis.gov/files/form/m-274.pdf.

If you have any questions regarding how this may impact your hiring of foreign workers, please do not hesitate to contact the U.S. immigration attorney’s at PricewaterhouseCoopers Immigration Law LLP.


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Quebec Immigration Changes for Agricultural Workers.

Posted by Karen|Canada Immigration
Apr 11
21


Citizenship and Immigration Canada has advised us that Quebec Law governing the Certificat d’acceptation du Québec (CAQ) for foreign nationals has changed. Effective April 1, 2011, it is no longer a requirement for foreign nationals working on a temporary basis in Quebec to work solely for the employer named on the CAQ.

An amendment to paragraph 50(c) of the Regulations to the Loi sur l’immigration au Québec relates solely to the work permit requirements of foreign nationals employed in Quebec as temporary agricultural workers. Following implementation of these amendments, it will no longer be a requirement under Quebec law for such foreign nationals to work exclusively for the employer indicated on the CAQ that permitted the foreign national to obtain a work permit.

To discuss how this may impact hiring foreign workers in Quebec, please do not hesitate to contact our bilingual avocats and lawyers at PricewaterhouseCoopers Immigration Law LLP.


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New Language Requirements for Business Applicants – Canada

Posted by Karen|Canada Immigration
Apr 11
21


Citizenship and Immigration Canada has announced that on March 16, 2011, the Immigration and Refugee Protection Regulations was amended.  Effective March 16, 2011, applications for permanent residence from business class applicants (investors, entrepreneurs and self-employed persons) must be accompanied by the results of the principal applicant’s English or French designated third-party language proficiency assessment in order for the applicant to be eligible for language proficiency points. Written evidence will no longer be accepted.

If you would like to discuss how this may impact your current or future application, please do not hesitate to contact the Canadian immigration lawyers at PricewaterhouseCoopers Immigration Law LLP.


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Federal Skilled Worker Cap Reached for 4 Out of 29 Eligible Occupations

Posted by Donna Habsha|Canada Immigration
Apr 11
21


The Federal Skilled Worker eligibility criteria changed on June 26, 2010 to allow a maximum of 1000 permanent residence applications per eligible occupation, to a maximum of 20,000, to be considered for processing until June 30, 2011.   These limits do not apply to Federal Skilled Worker applications with an offer of arranged employment in Canada (indeterminate job offer).

As of April 19, 2011 Citizenship and Immigration Canada (CIC) has received 10,840 applications out of the maximum of 20,000 that can be processed.

Professional Occupations in Business Services to Management, Registered Nurses, Pharmacists and most recently Restaurant and Food Service Managers, have reached the 1000 application cap.  Assuming they are still on the list for 2011/2012, applications in these four occupations may be submitted on July 1, 2011 to be counted toward next year’s cap.


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Decision by Federal Court Protects H-1B Employees from Wrongful Arrest

Posted by Karen Bingham|US Immigration
Apr 11
18


A federal judge in Connecticut recently ruled that the government may not arrest H-1B employees for whom there are pending and timely filed extension applications.  The decision in the case El Badrawi vs. United States recognized that a federal regulation allows H-1B employees to continue working for 240 days pending the resolution of their extension applications, and that “work authorization is part and parcel of their authorization to be in the country, not a separate matter.” According to the decision, authorizing the initiation of removal proceedings during this period would be unfair to both employees and employers.

The plaintiff, a Lebanese national, was employed as a medical researcher when his employer requested an H-1B extension in early 2004, more than a month before his H-1B status expired. Although his employer paid a premium processing application fee of $1,000, the government never resolved it and requests for information were never responded to. Almost seven months after the request was filed, immigration agents arrested the plaintiff for allegedly “overstaying” his initial period of admission. He was detained for nearly two months and was placed in removal proceedings.

Melissa Crow, Director of the American Immigration Council’s Legal Action Center commented on the ruling, saying: “The ruling is a victory for the rule of law and for common sense.  If H-1B employees can continue working while extension applications on their behalf are pending, it defies logic to argue that they can be arrested, detained and removed without notice.”

 For information regarding the H-1B visa and H-1B extensions, we invite you to contact PricewaterhouseCoopers Immigration Law LLP at 1-800-993-9971 or via email at pwcimmigrationlaw-info@ca.pwc.com.


Posted by Karen Bingham » No Comments »