Do you have an extraordinary ability or an outstanding profession and want to move to the US? The EB1 may be the perfect visa for you to make your move.
An EB1 visa is ideal for a foreign national with an extraordinary ability in the arts, sciences, education, business or athletics. Unlike an O visa (which is also used by extra ordinary individuals) an EB1 does not require a petitioner. But it does require that the applicant must be entering to continue working in their chosen field.
There are types of EB1 visas which are:
EB1A- Extraordinary Ability
EB1B- Outstanding Professors and Researchers
EB1C- Multinational Executive/Manager
Each category of an EB1 visa has its own requirements for example:
There are a number of benefits in getting an EB1. A job offer is not required, only the intent to continuing working in their chosen field. Another benefit is that labor certification is not required, which is used to seek whether the position could be filled by an American). Since an EB1 visa is an immigrant visa, upon obtaining this visa, you qualify for a U.S. green card.
An EB1 requires extensive paperwork, and complex legal strategy to show sustained national or international acclaim. To ensure your application is as strong as it can be contact Toronto lawyer, Janice Warren for her expertise in handling EB1 visas.
An Intra Company Transfer or ITC work permit allows international companies to temporarily transfer their senior executives or employees to work for its Canadian subsidiary, affiliate, or branch. In many respects, an ITC is the Canadian counterpart to the American L1 visa.
To obtain this work permit, 3 main requirements must be met:
If the applicant is an executive, that person must direct management, set goals and use discretion in high level decision making. As a functional manager, the applicant must operate at the senior level, be involved in overseeing daily operations, and coordinate with other functional managers and senior level executives.
For those applying under the specialized knowledge category, s/he must show that there is 'proprietary knowledge' and ‘advanced level of expertise' which contributes to the overall productivity of the Canadian company. This knowledge should be scarce within the foreign firm and the industry to qualify as specialized. It must also be proven that these skills are not easily transferable and critical to the position applied for.
The good news is that this work permit is LMIA (Labor Market Impact Assessment) exempt, which relieves the Canadian company of onerous paperwork and research. Once approved, the ITC will be valid for one year initially, and the visa can be renewed.
The documentation required for this kind of application is extensive, complex, and full of nuances. It is crucial to make your submission as robust as possible, as a refusal at the port of entry will complicate your immigration matter. To make sure you have the proper documentation, and to guide you through the process, contact Toronto lawyer, Janice Warren.
An L1 visa is a non-immigrant work visa that allows multinational/ growing companies to transfer their professionals to the United States. The L1 is divided into 2 categories, L1A for Senior Managers/Executives and L1B for Specialized Knowledge employees. Although it was initially created for multinational companies to transfer their employees to the U.S. it is also a very useful work visa for start-up businesses that wish to expand into the U.S.
An L1 visa is a dual intent visa which means that an L1 visa holder can apply for a green card without jeopardizing their current status. Even if an employee/executive is employed by foreign company on a full time basis, they do not need to be employed on a full time basis in the U.S. This is good news because it means the L1 visa allows for short term work.
There multiple other features and benefits of attaining an L1 visa
There are also a few drawbacks to the L1 visa
As you would expect, the paperwork for filing an L1 application is lengthy and complex. If you would like to learn more about the L1 visa, or determine whether you qualify for a visa, contact Toronto lawyer Janice Warren.
Canadians can expect long wait times and delays this summer due to an unprecedented overflow of illegal asylum seekers into Quebec. So far in 2018, Quebec has received almost 96% of illegal asylum seekers and it is expected that 400 people a day will be crossing the border in the summer months. In fact there are more people making illegal asylum claims than those doing so legally.
One of the reasons for this influx is attributed to the Safe Third Country Agreement. According to this agreement, asylum seekers must file their refuge claim in the first country they arrive except if they cross at an illegal entry point. In other words, both the US and Canada are required to refuse entry to asylum seekers at legal entry points, as both countries are considered safe, but asylum seekers can avoid being turned away at unofficial entry points in Canada. Furthermore, Canada does not treat these asylum seekers as criminals. Though it is illegal to enter Canada at an unofficial port of entry, once an asylum claim has been made, criminal charges are dropped.
How does this impact the average Canadian traveler?
Due to the crisis, border officers are being diverted to Quebec to help deal with the influx from May to September of 2018. This could affect major ports of entry including Vancouver, Montreal, Toronto, Niagara Falls and Windsor, in response to the growing need for resources in Quebec. Travelers should be aware that they can expect delays at these ports of entry and make plans keeping the current happenings in mind. For more information on this, contact Toronto Immigration lawyer, Janice Warren.
The Cannabis Act (Bill C45) is set to become law this summer. This may be joyous for some, it does have some serious implications for immigration. In particular, the legalization of marijuana will affect the ability of Canadian citizens’, permanent residents’, and temporary foreign nationals’ ability to enter the US.
Even though 29 States have legalized medical use of marijuana, and 9 States have legalized recreational use of the substance, its use still continues to violate US federal law. This means that simply the admission of use of marijuana to a border officer could render a person inadmissible to the US, under the US Immigration and Nationality Act (“INA”).
The stark contrast between Canadian and American policies on marijuana will have serious consequences for business. Under the INA an individual is inadmissible if an officer has “reason to believe” that they are illicit traffickers of the substance. Hence a person employed in the Canadian marijuana industry, in any capacity, travelling as a representative of a business related to the use, sale or cultivation of marijuana, could be rendered inadmissible based on such a “reasonable belief.” In fact, a Canadian citizen, applying for a NAFTA work permit in a U.S. based company involved in the marijuana industry could potentially be denied entry for the same reason, and consequently be permanently barred from the US. It is important to keep in mind that border officers have full discretion and because of the low threshold of proof required, they can choose to apply grounds that may not be reasonable. As Canadians we have no protection of civil liberties or due process.
Travelers and businesses alike need to start preparing for the changes which will occur in the coming months, as it is likely that the border crossings will be full of ‘hidden traps’. In general, travelers can expect longer delays, increased paperwork for pre-clearances, and more thorough checks at the border, not to mention the stress associated with the process. To learn more about the coming changes, and what you can do to prepare, contact Toronto lawyer, Janice Warren.
The Computer Systems Analyst is the only category of TN Visa for the field of IT. Many applicants may be confused about how to qualify for this visa, so it is important to understand what this category entails.
The Computer Systems Analyst observes and studies an organization to identify information needs and then designs computer systems to meet those needs. To do this, the Analyst uses data modelling, mathematical modelling, information engineering and other modalities. An important point to make here is that this title should not be confused with computer programming. Although system analysts may use computer programming, NAFTA has not expanded to include 'computer programmers.' This is crucial to point out because immigration officers must be convinced that the position is not that of a computer programming, and that programming is only one tool being used.
The requirements to obtain a Computer Systems Analyst visa are
1. A bachelor's degree in or closely related to computer science
2. Post-secondary diploma/certificate
3. Three years of related experience with this specific job title.
In addition, an applicant for a Computer Systems Analyst visa must provide:
1. Proof of Canadian citizenship
2. Detailed letter from prospective employer
3. Proof of Intent to return to Canada at expiration of TN visa stay
If you are considering a TN visa as a Computer Systems Analyst, contact Toronto lawyer, Janice Warren, for her expertise in dealing with TN visas.
The Management Consultant TN visa is a popular visa, poorly understood, and highly scrutinized. Management Consultant visas are for those who as consultants provide solutions to managerial problems to improve a business' operations and the bottom line. There are two main types of Management Consultant TN visas. One of these types is where an individual's role is to advise the U.S. employer on improving their operations in some way (no direct client contact). The second type is where an individual is hired by a consulting company in the U.S. Under normal conditions, this visa is for a three year period and renewable indefinitely. It can only be for one employer.
The Management Consultant TN visa is exceptional for it does not require university or college degree. Full time work experience of five years as a consultant, or experience working in the relevant industry is sufficient in establishingeligibility. For these reasons this particular kind of TN visa is most versatile. As a result, many Canadians apply for this visa because they do not qualify under other categories.
Over the years, border officers have grown more skeptical of individuals applying for a TN Management Consultant visa due to the volume of applications submitted. Not surprisingly, this has led to a high rate of denials. It is crucial for applicants to provide adequate and thorough paperwork the first time they apply. A denial by a border officer can result in complications if one chooses to apply a second time. The complexity of such petitions, and difficulty in securing this visa, makes it imperative for any potential applicant to consult a lawyer before beginning the process.
If you are considering applying for a TN management consultant visa, contact Toronto immigration lawyer, Janice Warren for her expertise in dealing with TN visas.
Even for the average traveler, getting to the other side of the border is no longer a straightforward process. Next time you cross the border, you could be asked not only for your immigration documents (passport, visa, etc…), but also your social media passwords. This means that immigration officers would then have access to years of private emails, text messages, photos, putting not only traveler at risk of exposure, but also all of their contacts.
As a result of stricter measures by the CBP, Canadians may find themselves in situations where they either compromise their social media privacy or forgo their wishes to travel to the U.S.
The CBP can still search your device, without having access to your accounts that require passwords, but refusing to comply could potentially result in your device being confiscated, denied entry, or being questioned more extensively on your future visits. What's even more concerning is that such searches can be conducted not just at the border, but also at Customs Clearance in Canada.
This trend is even more alarming for Canadians with a criminal record because of the increased likelihood of an Immigration officer requesting access to private information.
What can you do to protect your privacy at the border?
This trend in U.S. immigration is alarming and Canadians need to be informed and prepared of the new reality they may face at the border in the coming months and years.
To learn more about this, or if you think you need a criminal waiver, please contact Toronto immigration lawyer, Janice Warren.
Crossing the border to the United States is not what it used to be. Increasingly, Canadian citizens and residents have been encountering more uncertainty crossing the border, and are being denied entry. There are several reasons for which you may be denied entry to the United States.
Examples of crimes that can deem you inadmissible to the United States.
1) Crimes of moral turpitude.
These are crimes that are considered morally depraved or vile by society.
2) Crimes involving controlled substances
4) Money Laundering If you were charged with, but were not convicted or were acquitted, this may still lead to denial of entry. Of great significance is the fact that the United States treats a Conditional Discharge as a conviction. Even an Absolute Discharge is cause for caution; a border agent may still consider the admission of guilt. Withdrawn charges remain in law enforcement records and may also create problems for you at the border.
If you do not have a criminal record, but for some other reason are mentioned in any criminal record (police reports are created in medical emergencies involving traffic accidents or suicide attempts) you may risk being detained or denied entry at the border.
It is clear that with today’s uncertain climate around immigration, crossing the border for Canadians can be a tricky process, especially with a criminal record. Factors such as increased criminal record sharing between Canada and the United States as well as the fact that border agents are not trained lawyers, and do not always interpret or apply the law correctly to a given situation, have made it harder for Canadians to enter the United States.
If you are aware that you are inadmissible and still wish to travel to the United States, you must obtain what is called a U.S. Entry Waiver. This can be a complex
process, involves tedious paperwork, and will be very time consuming. If you think you need a criminal waiver, or you’d like more information on how the situation at the border may influence your travel plans and steps you can take to mitigate the chances of being denied at the border, contact Toronto Immigration Lawyer, Janice Warren.
Bill C23, Preclearance Act 2016, an Act which gives U.S. border guards new powers to question, search and detain Canadian citizens on Canadian soil, has been given Royal assent, and will soon made into law.
A preclearance allows Canadian visitors to the States to clear U.S. customs while still at a Canadian Port of Departure. Once a Canadian visitor has cleared this Preclearance, they will no longer need to go through any further requirements in the US. Although this may sound like a faster, easier and more convenient way to visit the States, it also has many cautionary implications.
Under the pre-existing laws, a traveler who changes their mind mid-way through the screening process may decide to walk back from the situation without questioning. Under the new passed bill such travelers could be forced to answer questions about the reason for their withdrawal and risk being detained for exercising the right to withdraw.
Another key power that the U.S. officers have on Canadian soil is conducting strip searches. In the existing framework, a strip search can only be conducted by a Canadian officer, though a U.S. officer may be present. Under the new Act, if a Canadian Officer is unavailable or unwilling (perhaps because it is not necessary in his/her judgement), U.S. officer can conduct a strip search despite this.
This bill also creates caution for permanent residents of Canada, as this new Act may threaten the automatic right of these persons to enter Canada. If an U.S. Border officer has reason to suspect that a Canadian permanent resident has violated his/her residency requirements they may deny the permanent resident from boarding their flight to Canada (although entry through land would still be possible).
It is predicted by many that Canada is going in the direction of imposing Exit Controls, and it also seems reasonable to predict that private vehicles will be facing increased scrutiny at the US border.
These changes spell caution for travelers to the U.S. and it is important to be informed of the situations you will potentially encounter at the border. To ensure that you have the information you need before crossing the border, contact Toronto Lawyer, Janice Warren.
In practice for 20 years, Janice P. Warren has concentrated her immigration law practice on helping Canadians move to the United States and finding ways to make their move as efficient and cost-effective as possible.