Executive Summaries Sep 1, 2021

New Business Immigration Measures: What Your Foreign Workers Need to Know

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Every month, our Immigration and Business Mobility Team monitors major news that may impact your foreign workers. Check out these August 2021 business immigration updates.

Canadian Borders to Open to Non-Essential Travel as of September 7, 2021

The Public Health Agency of Canada has announced that should the epidemiological situation in Canada remain unchanged, Canada will be opening its borders to all fully vaccinated travellers as of September 7, 2021. Fully vaccinated U.S. citizens and permanent residents have been allowed to enter the country for non-essential travel since August 9, 2021.

Unvaccinated Children Under 12: 14 Days Without School or Daycare Upon Return From Travel

Unvaccinated children under the age of 12 who have travelled outside of Canada won’t be allowed to go to school or daycare for 14 days after returning home. Although no quarantine is required from them, they should keep contact with the general population to a minimum.

Québec and Ottawa Reach New Agreement to Update Some of their Hiring Programs for Temporary Foreign Workers

Québec and Ottawa have reached a new agreement regarding the implementation of three initiatives aimed at attracting and hiring temporary foreign workers to help alleviate labour shortage issues in the province of Québec. These initiatives include:

Making the Temporary Foreign Worker Program (TFWP) more flexible to ease the hiring process;
The possibility of an open work permit for some holders of a Certificat de sélection du Québec (CSQ) awaiting permanent residency in the province of Québec; and
Issuance of a work permit for CSQ holders living abroad and awaiting permanent residency.

Temporary Foreign Worker Program

The TFWP will temporarily be made more flexible so that the limit on the number of temporary foreign workers in some economic sectors can be increased and so that some low-skilled, high-demand occupations can be included on the Liste des professions admissibles au traitement simplifié, which will remain in effect until December 31, 2023.

Bridging Open Work Permits

As of August 31, 2021, there will be a new measure that will allow some temporary foreign workers to stay in the province of Québec and find work while waiting for their permanent residency to be granted. To qualify for a transitional work permit, these workers must:

Hold a CSQ issued under the skilled worker category; and
Have a regular acknowledgement from the Government of Canada of their application for permanent residency.

International Mobility Program Plus

A new pathway under the International Mobility Program (IMP), to be known as IMP+, is also being developed. This new improved program will allow for the issuance of 7,000 work permits per year without the need for a Labour Market Impact Assessment (LMIA) to holders of a CSQ from abroad.

With this new program, CSQ holders will be able to come to work in the province of Québec sooner and thus fulfill the labour needs.

U.S. Land Border to Remain Closed Until September 21, 2021

Canadians who wish to cross the U.S. land border for non-essential travel will have to wait until September 21, 2021. However, since August 9, 2021, the Canadian border has been open to fully vaccinated American travellers.

U.S. Company Sues for Abuse of the U.S. Immigration System

A U.S. court has refused to dismiss a lawsuit against Cognizant for fraudulent use of the federal government’s work visa program.

The lawsuit filed under the False Claims Act (FCA) by a former executive alleges that the IT giant brought in workers to the U.S. using business or intra-company visas, instead of using the more expensive H 1B work permits. Cognizant is among the largest sponsors of H-1B visas for foreign IT specialists.