Work Permits

Noting that Canadian public policy properly emphasizes the priority of engaging domestics in positions of employ, there are instances of skill set shortage and other exceptions – availing certain alternatives.

As to, the pursuit of a positive or neutral labour market impact assessment (LMIA) is usually a pre-requisite to obtaining a Canadian work permit. The LMIA process involves a controlled test of the Canadian labour market – serving to establish a clear shortage of the specific skill set involved.

While the LMIA pursuit can prove to be burdensome and costly, care should be taken to gain full utility by considering not only the short, but the longer term implications. 

There are instances where an LMIA exception may be engaged – such as an International Agreement based professional work permit, a Canadian interest (economic/cultural) benefit permit, and emergency equipment repair permit, to mention but a few.

As well, in the business setting intra company transfer options may be of use.

Proper preliminary analysis is necessary – involving the provision of the foreign national’s curriculum vitae (resume), together with a clear understanding of the intended Canadian position and duties.

Investor / Entrepreneur

These options involve substantial financial considerations relative to the client’s objectives and qualifications. Of utility to those of certain purposes, proper preliminary consultation is essential.

Admissibility

There are instances where foreign nationals may be determined inadmissible to Canada due to prior conviction, medical condition and for other reasons.

Instances involving prior conviction(s) require specific analysis of the foreign criminal conviction by comparing to the equivalent under the Canadian Criminal Code (CCC).

In certain cases the foreign national may prove to be admissible by way of “Deemed Rehabilitation” based upon a single prior conviction where sufficient time has elapsed post sentence termination.

Distinct, where Deemed Rehabilitation may not be available, a permanent waiver – referred to as “Rehabilitation” may be considered.

Finally, if a Rehabilitation permanent waiver may be unavailable, an interim (temporary) waiver may be considered – known as a Temporary Resident Permit (TRP).

Citizenship

We act for clients in pursuit of both naturalized and derivative citizenship.

Preliminary analysis of the individual’s circumstances is necessary to determine viable approach.  In some instances a foreign national may be eligible to pursue a claim to derivative citizenship via a parent or in some instances, a grandparent.  When viable, this approach is best understood as the pursuit of documentation (Certificate of Citizenship / Passport) serving to confirm prior undocumented status.  In such instances we are not applying for citizenship, but rather documentation of existing citizenship status (perhaps otherwise previously unknown to the applicant).

Family Based Immigration

We enjoy working with couples of all ages (typically involving one being Canadian and the other US), in guiding and acting for the couple in achieving lawful Canadian permanent residence (CPR) for the benefit of the foreign national partner.

In certain circumstances an interim Visitor Record may be availed, subject to CBSA port of entry exercise of positive discretion. An interim Visitor Record can serve to enable the couple to reside with one another in Canada while awaiting CPR processing.

Work Permits

The US work permit options are subject to dated legislation and limited alternatives, often requiring creative solutions.

We are well versed in TN-1, H-1B, E, O, P, and importantly L intra company transferee work permits / visas.

Where TN-1 permits are concerned, it is necessary to reconcile the applicant’s educational credits with the scheduled vocation by drawing upon the O*NET with respect to occupational characteristics.

With respect to E Treaty Investor Visa’s – we have been instrumental in setting legal precedent – having gained approval on the first physician to qualify for an E.

Concerning L intra company permits, we are intimate with the legal and practical considerations. At times, navigating the subtle nuances involving qualifications, idiosyncrasies and port of entry practices can be as important as the proper application of the law and regulations.

Having successfully appealed adverse USCIS decisions, please visit [————————-] for an example of one of our successful appeals.

Citizenship

Having practiced in this area for over 30 years, we are and have been primarily engaged in the pursuit of derivative and naturalization applications, confirming and obtaining US citizenship for motivated US clients.

Of late and increasingly we are contacted by “expat” US citizens residing in Canada who wish to relinquish their US citizenship. Tax and other considerations are factors.

US Admissibility

Until the US Congress finally addresses long overdue legislative action, cannabis (marijuana) remains a Schedule 1 substance under the US Federal law.  As such, those having prior marijuana related possession convictions remain US inadmissible absent a waiver.

Apart, proper analysis of the infraction history is critical – for not all prior convictions result in US inadmissibility. If not a crime involving moral turpitude (CIMT), the foreign national may gain admission without need of a waiver.

The US does not presently utilize the equivalent to the Canadian “Deemed Rehabilitation’ practice.  As such, where a waiver is necessary, the maximum duration is presently five (5) years.

For a more in-depth understanding of the US inadmissibility and waiver considerations, see Article listed here at our site –entitled: Crossing the Canada – USA Border:  Strategies for Business Visitors and Workers.  Inadmissibility – When Your Past Catches up to You (Jan. 24, 2006 Ontario Bar Association Presentation).

Lawful US Permanent Residence

Similar to our Canadian side practice, we enjoy working with motivated couple’s intent upon making a life together in the US.

There are a variety of considerations at play, including processing avenues (distinguishing between I-485 adjustment and consular processing), scheduling requirements, medical coverage and tax (departure) considerations.

On the business side, we are well versed in achieving US lawful permanent residence (LPR) via employment based EB1 priority multi-national manager and executive petitions under INA 203(b)(l)(C). This avenue is far preferable to the EB-2 and EB-3 US DOL labour certification alternatives