Category: Visas and International Travel

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Canada Citizenship Path to Expand for Foreign Residents

In an effort to encourage foreign temporary residents to stay, the Canada citizenship path will expand to make it easier for them to become a permanent resident. Currently there are over one million temporary residents in Canada. However, the COVID-19 pandemic has reduced the number of immigrants entering the country.

Canada migration consists of both permanent and temporary residents. Net immigration statistics show the impact of the pandemic:

 2019 (annual)2020 (1st 6 months)
Temporary Residents+190,952-18,221
Permanent Residents+252,000 est.+128,430

Canada is seeking to add immigrants at an aggressive rate, with a goal of adding over 1 million immigrants by the end of 2021. The country’s plan for immigration includes the following:

2019350,000
2020360,000
2021370,000

Canada’s plan includes immigration relating to several factors:

  • Federal economic and provincial/territorial nominees
  • Those eligible for family reunification programs
  • Refugees

Why is Expanding the Canada Citizenship Path Important?

Canada is relying on immigrants to power its economy and counteract the long-term demographic impact of an aging population. Currently, Canada’s population is less than 37 million residents. Of these residents, nearly 20 percent are immigrants. The country is exceptionally welcoming to immigrants, with Prime Minister Trudeau publicly noting “Diversity is our strength #WelcomeToCanada.”

Canada is considered underpopulated, and as a result often has more jobs than workers. Immigration is key to helping the Canadian economy grow. The country’s population rate of growth for 2020 is only 0.89%, the lowest rate for the past several years. Expanding the Canada citizenship path will hopefully increase the population growth rate.

Programs to Draw Immigrants to Canada

The country has instituted many unique programs to draw immigrants. One immigration pilot initiative seeks to attract highly skilled immigrations to smaller cities and towns in the province of Ontario. Another initiative focuses on attracting students and youth of Hong Kong with a new open work permit and a broader Canada citizenship path. Criteria will include one year of work experience in Canada, and a minimum level of language proficiency and education. The new open work permit allows young people in Hong Kong to come to and hopefully stay in Canada while they gain work experience.

Among large industrialized countries, Canada has one of the lowest populations, ranking at #39. By comparison, countries including the US, UK, China, India, Germany, Mexico, France, Italy, and Spain all have much higher populations than Canada. The country’s best hope to keep residents in the face of the continuing pandemic is to expand the Canada citizenship path for its temporary residents.

What Does This Mean?

Canada’s immigration ministry is working to identify a new Canada citizenship path for the country’s temporary workers. It is also looking to expand opportunities to draw immigrants to Canada. The country’s economic growth depends on a steady supply of highly skilled workers. Also, increasing immigration will lessen the impact of an aging population on the country’s social services budgets.

What Should Employers Expect with an Expanding Canada Citizenship Path?

Employers in Canada should expect to see an increase in the number of immigrants seeking to leverage the expanding Canada citizenship path. With nearly twenty percent of the country comprised of immigrants, the atmosphere is welcoming and supportive. Employers should also expect to see a rise in job seekers utilizing the open work permit program.

Employers not currently in Canada should look into the country as a strategic location for future corporate expansion. The services of an International Professional Employer Organization (PEO) may be useful in this respect. International PEOs can help employers enter new markets quickly and determine the prospect for their future success.

What should Employers do as the Canada Citizenship Path Expands?

Work with a Qualified Relocation Management Company

Employers in Canada should review their talent acquisition program to ensure it aligns with a growing number of immigrants in their workforce. They should also work with a qualified Relocation Management Company (RMC). RMCs can help employers review their relocation and visa programs with a goal of encouraging highly skilled immigrants to choose their job opportunities.

Investigate the Services of an International Professional Employer Organization

Employers outside of Canada should consider utilizing the services of an International PEO. By working with an International PEO, companies can increase their international employment in Canada quickly and easily. RMCs can provide expert assistance to employers looking to expand their corporate presence through the services of an International PEO.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients develop relocation programs that attract and retain qualified employees. Our team can help your company determine how to benefit from an expanding Canada citizenship path.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to learn how your company can benefit from an expanding Canada citizenship path, or give us a call at 800.617.1904 or 480.922.0700 today.

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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Start Planning Now for the FY 2022 H-1B Visa Lottery

Young man applying for this year's H1B visa lottery

The FY 2022 H-1B visa lottery process requires thorough review and careful planning to ensure success. Foreign national talent with exceptional skills and experience are highly coveted for key positions by many prospective US employers. Specific jobs often filled by employees on H-1B visa sponsorship include information technology specialists, engineers, and scientists.

What are the Changes for the FY 2022 H-1B Visa Lottery?

The United States Citizenship and Immigration Services (USCIS) is expected to follow several of the new processes put in place for the most recent FY 2021 lottery. However, USCIS has not announced the date when the official process will open. For FY 2021, prospective petitioners could create accounts starting on February 24, 2020. A similar pre-petition account creation date is likely to be communicated for this year’s process.

The Department of Homeland Security (DHS) has also proposed a change in how USCIS selects registrations for filing of cap-subject H-1B petitions. The change will result in:

  1. USCIS first selecting registrations based on the highest prevailing wage level
  2. Wage level ranking would apply to the regular cap
  3. The ranking would also apply to the advanced degree exemption

This proposed change follows a previous Department of Labor (DOL) restructuring of the prevailing wage system for foreign national talent. The DOL instituted an Interim Final Rule (IFR) called “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The DOL wage system restructuring was meant to reduce program abuses that appeared to undermine wages and opportunities for US workers. However, later rulings have resulted in legal challenges and court orders to set aside the DOL’s IRF. The DOL noted it is taking steps to comply with court orders.

An additional factor that may result in changes is the inauguration of the next US President on January 20, 2021. With a new administration, a new focus on immigration is likely to change processes for the FY 2022 H-1B visa lottery process. However, changes will take time. Therefore, the upcoming year’s process may still follow a similar pattern as last year’s process.

Review of the Most Recently Defined H-1B Visa Lottery Processes

It is difficult to determine just how many changes there might be to the FY 2022 H-1B visa lottery process from the January 20 inauguration date to the lottery’s potential start date. However, a review of the FY 2021 H-1B visa lottery process will provide some insight into the most recently defined requirements.

Starting in FY 2021, petitioners had to submit an electronic registration. USCIS noted the registration should make visa processing more streamlined. It should also reduce excess paperwork and costs. Petitioners pay a registration fee and then only pay the visa lottery fee if the process successfully chooses their registration for processing.

Registration Expected for the FY 2022 H-1B Visa Lottery Process

The FY 2021 H-1B electronic registration process followed these simple steps:

  • Petitioners could create accounts starting on February 24
  • Petitioners input limited company data and information about the foreign national talent into the online registration portal
  • Registration fee of $10 applies to each entry
  • USCIS opened the initial registration period on March 1
  • A random selection process for H-1B visas on the registrations then chooses entries eligible to submit petitions
  • Fee is $10 and applies to all registrations submitted during the initial and future periods

Lottery Expected for the FY 2022 H-1B Visa Lottery Process

The FY 2021 H-1B visa lottery process followed this pattern:

  1. The first lottery included all petitions and was subject to the 65,000 cap limit
  2. Following the first lottery, the rest of the petitions are then eligible for the 20,000 visas reserved for applicants with advanced degrees from US educational institutions

DHS noted the lottery process was expected to actually increase the number of H-1B visa holders with a master’s or higher degree from a U.S. institution of higher education to be selected for further processing.

What Should Employers do about the FY 2022 H-1B Visa Lottery?

HR teams should fully prepare in order to submit electronic registrations on the date USCIS opens the portal. They should also review hiring plans and identify all necessary documentation. As a result, this will help ensure both the registration process and the petitioner process move along as quickly as possible. Employers should work with a Relocation Management Company (RMC) that has extensive experience in visa processing. RMCs will have knowledge and expertise that will help ensure a smooth FY 2022 H-1B visa lottery process. As a result, petitioners will have a much greater likelihood of success in hiring skilled foreign national talent.

Where Should Employers Begin?

Global Mobility Solutions’ team of global relocation experts can help your company with the FY 2022 H-1B visa lottery process. Our team’s knowledge and access to visa and immigration resources leads the relocation industry. We have helped thousands of companies understand how to successfully navigate the H-1B visa lottery process and mitigate talent shortages with global relocation.

Conclusion

Global Mobility Solutions’ team of global relocation experts has helped thousands of our clients prepare for the H-1B visa lottery. Our team can help your company understand how to prepare, register, and submit petitions in the FY 2022 H-1B visa lottery for the greatest chance of successful results.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to discuss your FY 2022 H-1B visa lottery plans, or give us a call at 800.617.1904 or 480.922.0700 today.

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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2020 Inbound Immigration to the United States: Where are the Workers Coming From?

indian students in a class room

The U.S. Department of Homeland Security (DHS) reports that 2020 inbound immigration for the Fiscal Year (FY) First Quarter saw over 117,000 foreign nationals enter as new arrivals. This number is the same as the FY 2019 First Quarter figure.

Table 1B in the report shows 6,839 new arrivals in the employment-based preferences category. This total is further delineated by several employment-based classes, including:

First: Priority workers 493
Second: Professionals with advanced degrees, exceptional ability 1010
Third: Skilled workers, professionals, and unskilled workers 3537
Fourth: Certain special immigrants 589
Fifth: Employment creation (investors) 1210

The U.S. Department of Labor (DOL) issues labor certifications for both permanent and temporary employment of foreign workers under several programs:

  • Permanent Labor Certification
  • H-1B Specialty (Professional) Workers
  • H-2A Temporary Labor Certification (Seasonal Agricultural)
  • H-2B Temporary Labor Certification (Non-agricultural)
  • D-1 Crewmembers Certification

Foreign workers hired under these programs represent a portion of the new arrivals for employment-based preferences in the 2020 inbound immigration figures reported by DHS.

2020 Inbound Immigration: Countries of Origin

New arrivals in the employment-based preferences are part of the category of “Lawful Permanent Residents.” DHS notes that thirty-seven percent of new lawful permanent residents arrived from six top countries of origin:

  • Mexico
  • People’s Republic of China
  • Vietnam
  • The Dominican Republic
  • India
  • The Philippines

According to the Migration Policy Institute (MPI), immigrants from Vietnam usually arrive to the U.S. through family reunification, not through employment channels. The same holds true for immigrants from the Dominican Republic.

By comparison, MPI notes that Chinese nationals received the second-largest number of H-1B visas in FY 2018, after Indian nationals. For Indian nationals, MPI reports that nearly half of the immigrants from India obtained lawful permanent residence through employer sponsorship.

2020 Inbound Immigration to the U.S. from India: Where are the Employment Centers?

The top 5 states where more than half of the 2020 inbound immigration from India reside are:

  • California
  • New Jersey
  • Texas
  • New York
  • Illinois

The top 4 counties that serve as destinations for 2020 inbound immigration from India are:

  • Santa Clara County, California
  • Middlesex County, New Jersey
  • Cook County, Illinois
  • Alameda County, California

The two counties in California comprise the bulk of Silicon Valley. Cities in Santa Clara County include San Jose, Mountain View, and Palo Alto. Alameda County includes the Bay Area cities and towns across the bay from San Francisco: Berkeley, Oakland, Hayward, Fremont, and Pleasanton.

Middlesex County in New Jersey includes the cities and towns of Edison, Woodbridge Township, New Brunswick, Sayreville, and South Amboy. This county is known for its long history of innovation.

Cook County in Illinois includes the cities and towns of Chicago (a high-tech hub), Evanston, Schaumburg, Des Plaines, Oak Lawn, Orland Park, and Elk Grove Village. Chicago is the third largest city in the nation.

According to MPI, immigrants from India have a much higher educational attainment compared to other immigrants and the U.S. population as a whole. This is due to how they enter the U.S.: either as international students, or as H-1B visa workers at jobs requiring a university degree. For FY 2016, immigrants from India accounted for 74% of the H-1B visa petitions (both initial and continuing employment) approved by the U.S. Citizens and Immigration Services (USCIS).

New National Education Policy in India Focuses on Technology

India’s Union cabinet has proposed significant changes to the country’s national education policy. The goal is to align education to the requirements of today’s workforce and employer needs. The policy recommends that education include teaching coding in school from the sixth standard onward. Ultimately, the policy aims to impart mathematical thinking and an interest in scientific topics in students. This trend has impacted 2020 inbound immigration from India.

The national education policy is being revamped to further align with India’s Sustainable Development Goals (SDGs). The SDGs were adopted by United Nations member countries in 2015 to serve as a call to action to eliminate poverty, protect natural resources, and bring prosperity and peace to all by the year 2030. SDGs aim to transform the world and strengthen universal peace.

What Does 2020 Inbound Immigration Mean for Employers?

Employers should learn about the current immigration trends and how they might impact their future ability to hire foreign nationals. While India has seen much success as the nation works to reach their SDGs, many other nations are also investing in education.

Also, several nations are pursuing significant educational reforms, including:

  • Mexico
  • Pakistan
  • Papua New Guinea
  • Poland
  • Vietnam

This may lead to greater competition from foreign nationals of these nations for immigration to the U.S. and the many opportunities this presents to them and their family members.

Where Can Your Company Get Help to Leverage 2020 Inbound Immigration?

Global Mobility Solutions has a team of global relocation experts who can help your company understand how to leverage immigration trends to benefit your talent acquisition and relocation programs. Our team’s knowledge and access to visa and immigration resources is unparalleled in the industry. We have helped thousands of companies navigate the U.S. visa program and H-1B visa lottery process reach successful results.

Conclusion

Global Mobility Solutions’ team of global relocation experts has helped thousands of our clients understand how to attract and hire the best candidates for job openings. Our team can help your company learn how to leverage visa programs and other creative solutions to hire foreign nationals. As a result, your company will have greater success with corporate objectives and be able to benefit from 2020 inbound immigration.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

New SafeRelo™ COVID-19 Knowledge Portal

GMS recently launched its new SafeRelo™ COVID-19 Knowledge Portal featuring a number of helpful resources including:

  • Curated selection of news and articles specific to managing relocation programs and issues relating to COVID-19
  • Comprehensive guide to national, international, and local online sources for current data
  • Program/Policy Evaluation (PPE) Tool for instant relocation policy reviews

Contact our experts online to learn more about how your company can benefit from the 2020 inbound immigration to the U.S., or give us a call at 800.617.1904 or 480.922.0700 today.

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2020 H-1B Visa Program: Department of Homeland Security Proposing Amendments

Shot of a young computer programmer working on source code

The 2020 H-1B Visa Program may receive further amendments. The U.S. Department of Homeland Security (DHS) issued a rule in September for the White House to review. This rule has been published in several agendas from Fall 2017 through Spring 2020. The rule pertains to several aspects of the program, including:

  • Definition of specialty occupation
  • Employer-employee relationship
  • Wages paid to H-1B visa holders

2020 H-1B Visa Program: The Basics

The FY 2021 H-1B visa lottery process opened on March 1, 2020. Many employers with job openings in specialty occupations offer H-1B visa sponsorship to foreign talent. However, there are cap limits in place for these visas. Because employers submit many thousands of petitions every year, they must plan accordingly. As such, the new amendments proposed for the 2020 H-1B visa program may not become effective until the FY 2022 H-1B visa lottery process.

Employer’s Requirements

For foreign talent seeking to enter the United States through the H-1B visa program, there are several requirements for their employer to follow, including:

Note: Foreign nationals may stay in the United States up to three years using their H-1B visa. However, subsequent renewals may not allow them to exceed a total stay of six years (with limited exceptions).

Reason for Amendments to the 2020 H-1B Visa Program

The title of the rule is “Strengthening the H-1B Nonimmigrant Visa Classification Program.” According to the description of the rule, DHS is revising definitions and imposing new requirements to ensure a number of objectives:

  1. Strengthen the program to obtain the “best and brightest” foreign talent
  2. Protect U.S. workers and wages
  3. Ensure employers pay visa holders appropriate wages

What Does This Mean for Employers?

Employers should follow the progress of this rule. Following the White House review, DHS may release the regulation to the public for comments. However, it may also be published as an “interim-final rule.” As a result, this may allow it to be immediately effective without public comment.

Changes to the definition of specialty occupations may have a direct impact on an employer’s talent acquisition programs relating to the 2020 H-1B visa program. Also, any changes relating to the employer-employee relationship or wages paid to H-1B via holders should be thoroughly reviewed to ensure compliance.

Where Can Your Company Get Help With Your 2020 H-1B Visa Program?

Global Mobility Solutions has a team of global relocation experts who can help your company understand how amendments to the 2020 H-1B visa program may impact talent acquisition and relocation programs. Our team’s knowledge and access to visa and immigration resources is unparalleled in the industry. We have helped thousands of companies with the H-1B visa lottery process reach successful results.

Conclusion

Global Mobility Solutions’ team of global relocation experts has helped thousands of our clients prepare for the annual H-1B visa lottery. Our team can help your company understand how to adjust your programs for the proposed amendments to the 2020 H-1B visa program.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to discuss your company’s need relating to the 2020 H-1B visa program, or give us a call at 800.617.1904 or 480.922.0700 today

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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Mexico Immigration Alternatives in Response to Proclamation 10014

View of the Guadalajaran skyline.

Mexico immigration alternatives offer additional routes for US employers looking to hire foreign nationals. The Trump Administration’s Proclamation 10014 limits the entry of foreign nationals under several classes of immigration visas. The concept of “nearshoring” lets employers leverage a creative solution that may fulfill several business needs. Many countries near the US have less restrictions on their immigration policies than Proclamation 10014.

What are Mexico Immigration Alternatives?

GMS spoke with Michelle LePage, Founder/Managing Partner and Senior Global Administration Advisor at Global Mobility Partners, LLC. Michelle agreed to share her industry knowledge and immigration expertise on Mexico immigration alternatives.

Recap of the Proclamation 10014 Situation

The Trump Administration originally unveiled Proclamation 10014 on April 22, 2020. The proclamation has been referred to as “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.” On June 22, the Administration determined that this proclamation is subject to continuance through December 31, 2020. These proclamations result in limiting the entry of foreign nationals under several classes of immigration visas, including the following:

  • H-1B Specialty Occupations
  • H-2B Temporary Non-Agricultural Workers
  • H-4 Dependent Spouses and Unmarried Children Under 21
  • J-1 Exchange Visitors
  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge

Many technology industry companies  use these immigration visas widely, including industry leaders Apple, Google, Amazon, Salesforce, Facebook, and Twitter. Amazon Corporate LLC has filed 4,481 labor condition applications for H-1B visas from fiscal year 2017 to 2019, ranking at number 21 among all visa sponsors.

According to the Trump Administration’s intentions, Proclamation 10014 should drive these technology industry companies and many others to hire workers who are already living in the US. Still, many highly qualified workers are currently located in other countries, and companies may want to hire them domestically. Mexico immigration alternatives might provide another avenue for hiring highly skilled foreign nationals.

What are Mexico Immigration Alternatives?

US employers who want to hire foreign national employees may be able to use Mexico immigration alternatives. These alternatives will bring/keep the employee closer to the US than perhaps their country of origin. For employers that can meet the requisite criteria, a number of benefits may accrue, including:

  • Ease of business travel to/from Mexico
  • Lower costs and less time for business travel
  • Living in Mexico will increase foreign national employees’ experience and knowledge of other customs and cultures of North America
  • Mexico is the center of Latin America’s technology revolution
  • Startup GDL is a nonprofit organization working to make Guadalajara, Mexico’s second largest city, a leading technology hub

The United States-Mexico-Canada Agreement (USMCA) creates new opportunities for beneficial trade and economic growth throughout North America. USMCA is effective as of July 1, 2020. The agreement modernizes the 25-year-old NAFTA trade agreement between the three countries. U.S. Customs and Border Protection (CBP) administers the USMCA. As the second largest individual country trading partner to the US, Mexico already offers many strategic advantages including strong and established business relationships.

What are the Key Criteria?

At Global Mobility Partners, LLC, we have created a number of helpful documents that describe the requirements for various countries. For Mexico, the primary immigration category for temporary expatriates is known as a Temporary Resident Visa for Remunerated Activities (TRV). TRVs are for foreign nationals who are transferred to Mexico for a temporary assignment.

Our Mexico Work Authorization Summary Sheet notes three key criteria:

  • Assignment must be at least 180 days in duration
  • There must be a local sponsoring Mexican company holding current registration with the National Immigration Institute
  • The Mexican company must pay a portion of the employee’s salary

Mexico immigration alternatives such as the TRV are initially valid for 1 year, but may be extended:

  • Up to 4 years
  • Employers should initiate the application to extend temporary work status at least 6 months prior to expiration

Note: Our recommendation to start the extension application nearly coincides with the start date of the temporary assignment! Processing times may be lengthy and subject to change due to unforeseeable political situations.

What Should US Employers do About Mexico Immigration Alternatives?

The specific requirements for Mexico immigration alternatives require a thoughtful approach. We recommend US employers contact us before taking action. Important points for employers to note include the fact that spouses are not work authorized. However, non-married partners are allowed to accompany the employee, as are same-sex partners and children up to 17 years of age.

Employers should be sure the foreign nationals they seek to hire are aware of these and other specific requirements. Consultation with an expert from Global Mobility Partners, LLC is highly recommended. As a result, this will help US employers develop appropriate and effective solutions for Mexico immigration alternatives.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients learn about important issues such as visa and immigration options for their organization. Our mobility consulting team can help your company understand if it can leverage Mexico immigration alternatives with the assistance of the experts at Global Mobility Partners, LLC.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. As a result, GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to learn more about Mexico immigration alternatives, or give us a call at 800.617.1904 or 480.922.0700 today.

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

Categories
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Canada Immigration Alternatives in Response to Proclamation 10014

A young heterosexual Indian couple are together standing in front of a white brick wall. They smile at the camera and proudly hold up the Canadian flag.

US employers looking to hire foreign nationals but limited by Proclamation 10014 might consider Canada immigration alternatives. By leveraging “nearshoring,” employers can use a unique and creative temporary solution. Countries near the US often have immigration policies that are less restrictive than those of Proclamation 10014.

What are Canada Immigration Alternatives?

GMS spoke with Michelle LePage, Founder/Managing Partner and Senior Global Administration Advisor at Global Mobility Partners, LLC. Michelle agreed to share her industry knowledge and immigration expertise on Canada immigration alternatives.

What is Proclamation 10014?

On April 22, 2020, the Trump Administration unveiled Proclamation 10014. The proclamation is sometimes referred to as “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.” Additionally, as of June 22 this proclamation is subject to continuance through December 31, 2020. These proclamations serve to limit entry of foreign nationals under several classes of immigration visas, including:

  • H-1B Specialty Occupations
  • H-2B Temporary Non-Agricultural Workers
  • H-4 Dependent Spouses and Unmarried Children Under 21
  • J-1 Exchange Visitors
  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge

These classes of immigration visas include several that are in wide use among technology industry companies such as Google, Apple, Facebook, Salesforce, and Twitter. Google alone is responsible for over 6,500 applications for H-1B visas in 2019. In theory, Proclamation 10014 should drive these companies to hire workers that are already in the US. However, Canada immigration alternatives might provide another avenue for highly skilled foreign nationals.

What are Canada Immigration Alternatives?

US employers with foreign national employees may be able to use Canada immigration alternatives that will bring/keep the employee close to the US. For employers that can meet the requisite criteria, a number of benefits may accrue, including:

The ease of immigration into Canada versus the US makes Canada immigration alternatives a particularly viable option for US employers.

What are the Key Criteria?

At Global Mobility Partners, LLC, we have created a number of helpful documents that describe the requirements for various countries. For Canada, the primary immigration category for temporary expatriates is covered by an Intra-Company Transfer (ICT) Work Permit. ICTs are designed specifically for foreign nationals who are temporarily transferred by their employer to an affiliate office in Canada for a temporary work assignment. A major benefit of the ICT is that it does not require a Labor Market Impact Assessment.

Our Canada Work Authorization Summary Sheet notes three key criteria:

  • Employee must meet minimum education and/or experience requirements in order to qualify as either a Specialized Knowledge Worker or a Manager
  • Must be transferred to a branch, subsidiary, or affiliate of the current employer
  • Employee must have worked continuously for the current employer at least one year in the preceding 3 years in a position similar to the Canadian position

Canada immigration alternatives such as the ICT are initially valid for 1-2 years, but may be extended:

  • Up to 5 years for a Specialized Knowledge Worker
  • Up to 7 years for a Manager

What Should US Employers do About Canada Immigration Alternatives?

Because of the specific requirements in the immigration process, we recommend US employers contact us before taking action. There are several important points for employers to note. For example, Canada has strict limits on allowable activities for business visitors. Also, any criminal history may render a foreigner as inadmissible to Canada depending on the nature of the infraction and length of time passed. A thorough legal analysis will determine if this is applicable. Consultation with an expert from Global Mobility Partners, LLC, will help US employers to develop effective plans and solutions for Canada immigration alternatives.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients learn about important issues such as visa and immigration options for their organization. Our mobility consulting team can help your company understand if it can leverage Canada immigration alternatives with the assistance of the experts at Global Mobility Partners, LLC.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to learn more about Canada immigration alternatives, or give us a call at 800.617.1904 or 480.922.0700 today.

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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Administration Limiting Immigration Visas due to High U.S. Unemployment Levels

The Trump administration will be limiting immigration visas in order to protect U.S. workers suffering from job losses during the COVID-19 pandemic. The order also bars groups of foreign workers. Several types of visas fall under the new executive order. The administration believes the new restrictions are necessary to counteract the impact of high unemployment levels.

The Proclamation issued on June 22, 2020, amends the Proclamation 10014 of April 22, 2020 to have an expiration of December 31, 2020. An important point to note in the Proclamation is that it only applies to any alien who, on the effective date of the Proclamation:

  1. is outside of the U.S.
  2. does not have a valid nonimmigrant visa
  3. does not have an official travel document other than a visa that permits travel to the US for entry

The Proclamation also requires three Secretaries to confer and consider any necessary modifications within 30 days of June 24 and every 60 days from then on. The three Secretaries that will review conditions limiting immigration visas are responsible for these U.S. Departments:

  • Homeland Security
  • State
  • Labor

Limiting Immigration Visas: Impact

The new executive order limiting immigration visas will impact several visa categories, including the following:

H-1B Specialty Occupations

H-1B visas are subject to the Trump administration’s skills-based immigration plan. They are also subject to the U.S. Citizenship and Immigration Services new online H-1B visa lottery registration system.

Basic Requirements:

  1. Theoretical and practical application of a body of highly specialized knowledge
  2. Bachelor’s Degree or higher level of education

H-4 Dependent Spouses and Unmarried Children Under 21

H-4 visas are a temporary, nonimmigrant visa for the spouses and unmarried children (under 21 years of age) of H-1B visa holders. In some cases the U.S. has provided work permits for H-4 visa holders that are valid as long as their H-1B visa holding spouse remains H-1B eligible. Visa holders in this category are dependent upon any issue limiting immigration visas for their H-1B visa holding spouse or parent.

Basic Requirements:

  1. Is the spouse (or child) of an H-1B nonimmigrant
  2. The H-1B nonimmigrant spouse:
  3. Must be the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers
  4. Has been granted H-1B status

H-2B Temporary Non-Agricultural Workers

Basic Requirements:

After USCIS approved Form I-129 Petition for a Nonimmigrant Worker, prospective H-2B workers who are outside the U.S. must:

  • Apply for an H-2B visa and then seek admission to the U.S.

or

  • Directly seek admission to the U.S in H-2B classification at a U.S. port of entry in cases where an H-2B visa is not required.

L-1A Intracompany Transferee Executive or Manager

Basic Requirements:

  1. The employee must have been working for one continuous year within the immediately preceding three years prior to U.S. entry
  2. Seeks to enter the U.S. to provide service in an executive or managerial capacity

L-1B Intracompany Transferee Specialized Knowledge

Basic Requirements:

  1. The employee must have been working for one continuous year within the immediately preceding three years prior to U.S. entry
  2. Seeks to enter the U.S. to provide services in a specialized knowledge capacity

Executive Order Limiting Immigration Visas Includes Exchange Visitors

The U.S. Department of State administers the exchange visitors program. The Department also designates the sponsors for exchange visitors. Many of the categories in the exchange visitor program cover students and teachers.

J-1 Exchange Visitors

J-1 classification is for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

Basic Requirements:

  1. Submit a Form DS-2019, Certificate of Eligibility for Exchange Visitor Status to the U.S. Department of State (no blank DS-2019 Forms exist; each is printed with a unique identifier)
  2. Upon obtaining Form DS-2019, apply for a J-1 visa through the U.S. Department of State at a U.S. Embassy or Consulate

What Should Employers do About the Administration Limiting Immigration Visas?

Companies should continue to stay informed about the administration’s interest and activities limiting immigration visas. This new executive order may have a significant impact on an employer’s ability to recruit and hire foreign talent. As a result, knowing what to expect can help companies determine how to leverage strategic resources and respond accordingly to meet corporate objectives.

Companies should also work with a knowledgeable and experienced Relocation Management Company (RMC). RMCs can help companies design a robust talent acquisition program. Also, RMCs can help a company design an industry-leading relocation program that will give them a competitive advantage in the global market for highly skilled employees.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients understand how to respond effectively to issues regarding travel and immigration. Our team can help your company understand how to develop plans to mitigate the impact of the administration limiting immigration visas.

GMS was the first relocation company to register as a .com. The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to discuss your company’s interest in learning more about the Trump administration limiting immigration visas, or give us a call at 800.617.1904 or 480.922.0700 today.

Request your complimentary Visa Program Assessment

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Immigration Application Fees May Increase to Cover USCIS Anticipated Shortfall

An Indian husband and wife are indoors in a new home. They are wearing Indian-style clothing. They are using a laptop computer and writing with a pen and paper.

U.S. Citizenship and Immigration Services (USCIS) is requesting to have a 10% surcharge added to immigration application fees. As a result of the COVID-19 pandemic, USCIS is experiencing a large decline in revenue from processing applications. The agency believes receipts will decline by over 60% through 2020. The U.S. restrictions on immigration due to COVID-19 has dramatically limited the number of applicants. However, USCIS is nearly entirely funded by these fees.

USCIS FY 2019 Final Statistics

For the FY 2019, USCIS breadth of services shows the expansive reach of the agency. Receiving immigration application fees is just one part of the agency’s mission.

Overall, in FY 2019 USCIS:

  • Granted lawful permanent residence to 577,000 individuals
  • Naturalized 834,000 new citizens
  • Received 2.2 million employment authorization applications
  • Approved 500,000 petitions for non-immigrant workers
  • Processed 40 million cases through E-Verify
  • Granted immigration relief to over 25,000 individuals

FY 2019 represents an 11-year high in new oaths of citizenship for the USCIS. However, the number of applications pending for green cards declined by 14%, and the number of applications for naturalizations declined by 12%.

What are Green Cards?

Green Cards, officially known as “Permanent Resident Cards” let the holders live and work in the U.S. on a permanent basis. The process to apply for a Green Card depends on the individual’s specific situation. Eligibility requirements vary based on the application’s submission category.

USCIS notes that most people who apply for a Green Card will need to submit at least two forms, along with the correct immigration application fees. Depending on the situation, the forms may include one or more of the following:

  • I-130 Form, Petition for Alien Relative
  • I-140 Form, Immigrant Petition for Alien Worker
  • I-730 Form, Refugee/Asylee Relative Petition
  • I-589 Form, Application for Asylum and for Withholding of Removal

Other USCIS petitions include:

  • I-360 Form, Petition for Amerasian, Widow(er), or Special Immigrant
  • I-526 Form, Immigrant Petition by Alien Entrepreneur
  • I-918 Form, Petition of U Nonimmigrant Status
  • I-929 Form, Petition for Qualifying Family Member of a U-1 Nonimmigrant

As a result, fees for forms can add up quickly. Adding a 10% surcharge on immigration application fees may increase the total amount of fees significantly, depending on the individual as well as their family members’ situations.

What are the Current Immigration Application Fees?

USCIS has several forms with associated fees depending on the specific applicant need. To apply for naturalization, applicants must submit Form N-400, Application for Naturalization. There is an online portal to help applicants calculate their total fees. Form N-400 fees include a fee for the form itself, and another fee for biometrics. An average Form N-400 fee includes:

Biometrics$85
N-400$640
Total$725

What will the Immigration Application Fees rise to?

If the 10% surcharge is added to immigration application fees, the total cost to file Form N-400 may rise by $72.50 to a total of $797.50 (assuming biometrics fee also rises by 10%). If an employer has several employees impacted by this surcharge, the increase in costs may be significant.

What Does This Mean?

Depending on the form, the 10% surcharge may be as low as $6.50, or as high as $1,779.50. In some cases, these fees may be paid by employers who employ H-1B visa holders. Employers should review the fees for the various forms to understand if the 10% surcharge may cause significant changes to budgets and costs associated with compliance to USCIS requirements.

 What Should Employers do About Immigration Application Fees?

Employers should work with a knowledgeable and experienced Relocation Management Company (RMC). RMCs with experience will be able to help employers understand how to identify costs and other issues that may arise from the USCIS surcharge request.

The RMC will also have knowledge of a number of alternatives that may provide employers with valuable and cost-effective solutions. As a result, employers may be able to mitigate the impact of the 10% surcharge and other issues surrounding immigration as it relates to COVID-19 restrictions.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients understand how to respond effectively to issues regarding the USCIS and immigration. Our team can help your company understand how to plan accordingly for increases in immigration application fees.

GMS was the first relocation company to register as a .com, created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to discuss your company’s interest in learning more about how to plan for increases in immigration application fees, or give us a call at 800.617.1904 or 480.922.0700 today.

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At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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Border Restrictions in the United States to be Extended Indefinitely

American and Canadian flags waving at sunset

The Centers for Disease Control and Prevention (CDC) has amended and extended a rule that allows the Trump administration to extend border restrictions for an indefinite length of time. The rule, effective May 19, is officially known as the “Amendment and Extension of Order Suspending Introduction of Certain Persons from Countries Where a Communicable Disease Exists.” The original order was issued on March 20, and then was first extended on April 20.

What are the Specific Areas that the Order Covers?

The order’s amendment is to clarify the areas that are covered by the order. Specifically, the order applies to U.S. Customs and Border Protection managed areas and installations including:

What is the Duration of the Order Implementing Border Restrictions?

As written, the duration of the order will depend on the determination of the Director of the CDC, Robert R. Redfield, MD, as to the following:

  1. The Director determines the danger of further introduction of COVID-19 into the US Is no longer a danger to public health
  2. The continuation of the order for border restrictions is no longer necessary to protect the public health

Who does the Order Apply to?

The order’s wording is specific, and states that it applies to all persons travelling from Canada or Mexico, regardless of the country of origin. This is an important point that greatly expands the range of the order and its impact on travel and immigration. A significant number of expulsions have been occurring at the border since the first order was put into place.

Are there Exceptions to the Order?

There are a few exceptions to the order for border restrictions. Certain persons will be able to pass through a POE or a Border Patrol Station. However, the U.S. Department of State has issued a Global Level 4 Health Advisory: Do Not Travel guidance. In general, people should avoid unnecessary travel. The exceptions to the order include:

  • U.S. Citizens
  • Lawful permanent residents, their spouses, and children
  • S. members of the armed forces, their spouses, and children
  • Associated personnel of the armed forces, their spouses, and children
  • Persons from foreign countries:
    • With valid travel documents arriving at a POE
    • In the visa waiver program, not subject to travel restrictions, arriving at a POE
  • Persons determined by customs officers to be excepted on a case-by-case basis subject to overall circumstances such as interests related to:
    • Law enforcement
    • Officer and public safety
    • Humanitarian
    • Public health

Ultimately, the U.S. Department of Homeland Security will consult with the CDC to determine how to approach these case-by-case exceptions to ensure consistency.

What Should Employers do About Border Restrictions?

Companies should continue to stay informed about U.S. border restrictions. These restrictions may have a significant impact on an employer’s ability to recruit and hire foreign talent. As a result, knowing what to expect can help companies determine how to leverage strategic resources and respond accordingly to meet corporate objectives.

Companies should also work with a knowledgeable and experienced Relocation Management Company (RMC). RMCs can help companies design a robust talent acquisition program. Also, RMCs can help a company design an industry-leading relocation program that will give them a competitive advantage in the global market for highly skilled employees.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients understand how to respond effectively to issues regarding travel and immigration. As a result, our team can help your company understand how to develop plans to mitigate the impact of US border restrictions.

GMS was the first relocation company to register as a .com. The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to discuss your company’s interest in learning more about the US border restrictions and their impact on travel and immigration, or give us a call at 800.617.1904 or 480.922.0700 today.

Request your complimentary Visa Program Assessment

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Best Travel Tools for Relocation Programs

Business meeting on the train

Companies should incorporate the best travel tools into their corporate relocation programs. Global Mobility Solutions’ industry benchmarking study shows that only 23% of Relocation Management Companies (RMCs) provide any form of travel tools. GMS is a leader in the relocation industry on this point, providing a full range of useful resources for transferees.

Industry Benchmarking Studies Highlight Best Travel Tools

GMS has recently published several Industry Benchmarking Studies to help companies learn whether their company’s relocation program is designed following industry-specific best practices. There are many benefits to a corporate relocation policy benchmarking. For example, companies can learn whether their relocation program offers the best travel tools as compared to those offered by competitors in their specific industry.

The relocation industry’s best practice is to schedule a relocation program and policy review every 12 to 18 months to ensure your company maintains its competitive position. This review will also help your company learn about the relocation industry’s many solutions to meet ever-increasing client requirements and employee needs.

Five Best Travel Tools for Relocation Programs

There are five best travel tools for relocation programs. All of these tools can be designed to work seamlessly with each client’s travel policy and relocation programs:

1. Compliance to Company Travel Policy

An online travel tool quickly and easily communicates guidelines to employees. Best travel tools for compliance also show specific features and options for each client’s policy. Limits that match policy guidelines should also be shown, to help employees choose the most appropriate options.

2. Tracking Travelers (GPS)

Tracking employee travel is important for several reasons. Companies need to ensure the safety of employees during their travels, so knowing where they are at any given time is extremely valuable. Also, companies need to track the number of days-in-country for reporting requirements.

3. Compliance for Entry, Re-entry, and Taxes

Companies need to track the number of days an employee stays within a country for reporting requirements that may relate to tax issues, or specific work permits. Also, countries may have specific entry/re-entry requirements.

4. Best Travel Tools Bill Direct to Client, or to GMS

Many companies appreciate the option of direct billing. Billing travel costs directly to the client, or to GMS with no markup back to the client, has many benefits:

  • Paperwork reduction
  • Administrative cost reduction
  • Simplified processes
  • Employees don’t need to submit for reimbursements
  • Itemized invoices show all travel expenses

5. Custom Reporting Options

Comprehensive reports that show every element of travel and costs are helpful to clients for managing travel budgets and programs. Reports that are customizable can help measure program effectiveness and readily highlight areas that are out of compliance.

How Can Companies Learn About the Best Travel Tools?

Companies should review their current travel policy and relocation program to determine if they are using the best travel tools. RMCs with expertise and experience in travel policies for relocation programs are a valuable resource for policy reviews. Companies should schedule a policy review on a regular basis to learn about the latest features to streamline and enhance reporting and compliance requirements.

Conclusion

Global Mobility Solutions’ team of corporate relocation experts has helped thousands of our clients benchmark their relocation program and incorporate the best travel tools into their business travel policy. Our team can help your company understand how to provide the best travel tools for your traveling employees.

GMS was the first relocation company to register as a .com. The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Learn how to incorporate the best travel tools into your company’s relocation program. Contact our experts online or give us a call at 800.617.1904 or 480.922.0700 today.

Request your complimentary relocation policy review

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About

Contact Us

About Us

GMS Client Login

Privacy Policy

Other Services

Our Technology

Global Relocation

Group Moves

U.S. & Canadian Relocation

Address

Global Mobility Solutions
15333 N. Pima Road
Scottsdale AZ, 85260

1.800.617.1904
Available 24/7/365

About

Contact Us

About Us

GMS Client Login

Privacy Policy

Address

Global Mobility Solutions
15333 N. Pima Road
Scottsdale AZ, 85260

1.800.617.1904
Available 24/7/365

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