USCIS Proposes Significant Enhancements to EB-5 Processing

US Citizenship and Immigration Services (USCIS) proposed significant enhancements to the EB5 Program or USCIS Immigrant Investor Program. It will transform the intake and review process for foreign entrepreneurs as part of US President Obama’s commitment to improve the legal immigration system while meeting the economic and security needs of the USA.

Three fundamental changes have been proposed:

1.    Accelerate the processing of applications for job-creating projects that are fully developed and ready to be implemented. Applicants may opt to request “Premium Processing Service” which guarantees 15-day processing for an additional fee.
2.    Creation of new specialized intake teams who are experts in economic analysis and the EB5 requirements. Applicants will be able to communication with the said team via email to discuss issues and address their concerns.
3.    Convene and expert Decision Board” to deliver decisions regarding EB5 applications. The board will be composed of an economist, adjudicators and a support legal counsel.

This proposal will be online until June 17, 2011 – open for public comment giving stakeholders the opportunity to provide their feedback.

Source: USCIS Website

TFW Certified in Alberta Trades can now apply for Permanent Residency

 

Effective immediately, skilled temporary foreign workers with certification in Alberta’s optional trades can apply directly to Alberta Immigrant Nominee Program (AINP) for permanent residency instead of having their employers nominate them. To be able to cope with the coming labor shortages as the economies in different countries dictate higher demands for people with the same skills, Alberta is in need of skilled workers who can live in the province permanently.

 

This new policy will allow Alberta to nominate qualified tradespeople in in demand occupations. In 2011, Alberta can only nominate 5,000 people since the federal government limits the number of nominations that the province can put forth.

 

Presently, there are 50 designated trades- 31 of which are in the optional trades and 19 fall under compulsory trades- See List. For details on how to qualify for AINP Optional Trades Category, Click Here.

 

This change will simplify the process for temporary foreign workers from both trades in applying for permanent residency.

Immigration Amendments on Live-in Caregiver Program

 

In addition to the standard requirements, beginning April 1, 2011, Human Resources and Skills Development (HRSDC) will evaluate LMO applications under the Live-in Caregiver Program (LCP) based on the following criteria:

 

1. Employer must use the new LMO application specific to LCP and provide:

Canada Revenue Agency (CRA) business number

Explanation of how hiring a TFW is necessary

A signed statement attesting that the employer will abide by LCP requirements

 

The following documentation must be presented along with the LMO application:

Proof of age or disability of person requiring care

CHILD – birth certificate or other government issued document

SENIOR – birth certificate, old age identification card or other government issued document

DISABLED PERSON – medical certificate

Detailed description of the private accommodations provided for the live-in caregiver

An Option C-printout which can be obtained from CRA providing information on income and its sources. In cases where the person is not required to pay taxes he can submit paystubs and bank statements.

Employers may also be required to provide a provincial workers compensation clearance letter or other provincial documentation.

2. Employer must prove the genuineness of the job offer made to the live-in caregiver, based on whether he can:

Demonstrate a reasonable need for a full-time live-in caregiver

Provide adequate and private accommodation to the live-in caregiver

Comply with federal-provincial or territorial employment and recruitment legislations

 

3. Returning employer must demonstrate that he met the terms and conditions of employment set out in previous LMOs. Some employers may be required to support a more detailed compliance review and present documents such as: payroll records and timesheets, job descriptions, job contract, receipts of private health insurance if applicable, provincial documentations, receipts of transportation cost and information on accommodation provided by the employer.

 

In the event that the employer is unable to abide by the conditions in the LMO, he will have to provide a rationale. HRSDC may work with the employer for corrective actions such as providing compensation to the live-in caregiver. If found non-compliant, HRSDC will issue a negative LMO and revoke all confirmed LMOs for which work permits have not yet been granted. Moreover, the employer will not be able to hire a TFW for 2 years while his name, address and other information will be posted on the list of ineligible employers on the CIC website. Click here for the official advisory by HRSDC.