The first significant revision of the program’s regulations since 1993. The final rule will become effective on Nov. 21, 2019.

The final rule in New developments are :

• Raising the minimum investment amounts;
• Revising the standards for certain targeted employment area (TEA) designations;
• Giving the agency responsible for directly managing TEA designations;
• Clarifying USCIS procedures for the removal of conditions on permanent residence; and
• Allowing EB-5 petitioners to retain their priority date under certain circumstances.

Under the EB-5 program, individuals are eligible to apply for conditional lawful permanent residence in the United States if they make the necessary investment in a commercial enterprise in the United States to create /preserve 10 permanent full-time jobs for qualified U.S. workers.

“Almost three decades back, Congress created the EB-5 program to benefit U.S. workers and develop the economy by providing an incentive for foreign capital investment in the United States.

USCIS Acting Director Ken Cuccinelli said “Since its inception, the EB-5 program has drifted away from Congress’s intent. Our reforms increase the investment level to account for inflation over the past three decades and substantially restrict the possibility of gerrymandering to ensure that the reduced investment amount is reserved for rural and high-unemployment areas most in need. This final rule strengthens the EB-5 program by returning it to its Congressional intent.”

Major changes in EB-5:

• The minimum investment amounts are raising with the effective date of the final rule and the standard of minimum investment level will increase from $1 million to $1.8 million.

It is the first increase since 1990, to account for inflation. The rule also keeps 50% of minimum investment differential between a TEA and a non-TEA, thereby increasing the minimum investment amount in a TEA from $500,000 to $900,000. The final rule also provides that the minimum investment amounts will automatically adjust for inflation every five years.

• TEA designation reforms: The final rule outlines changes to the EB-5 program to address gerrymandering of high-unemployment areas. Gerrymandering of such areas was typically accomplished by combining a series of census tracts to link a prosperous project location to a distressed community to obtain the qualifying average unemployment rate. As of the effective date of the final rule, DHS will eliminate a state’s ability to designate certain geographic and political subdivisions as high-unemployment areas; instead, DHS would make such designations directly based on revised requirements in the regulation limiting the composition of census tract-based TEAs. These revisions will help ensure TEA designations are done fairly and consistently, and more closely adhere to congressional intent to direct investment to areas most in need.
• Clarifying USCIS procedures for removing conditions on the permanent residence: The rule revises regulations to make clear that certain derivative family members who are lawful permanent residents must independently file to remove conditions on their permanent residence. The requirement would not apply to those family members who were included in a principal investor’s petition to remove conditions. The rule improves the adjudication process for removing conditions by providing flexibility in interview locations and to adopt the current USCIS process for issuing Green Cards.The rule offers greater flexibility to immigrant investors who have a previously approved EB-5 immigrant petition. When they need to file a new EB-5 petition, they generally now will be able to retain the priority date of the previously approved petition, subject to certain exceptions. www.masseylaw.in

If you love to make US as your second home contact@masselaw.in

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To help newcomer Canadian government will provide $800,000 for each for 15 projects designed to either provide employment supports for highly skilled newcomers or facilitate the foreign credential recognition process.

This news has been released by Employment and Social Development Canada (ESDC) said the government is looking for “innovative and collaborative concepts from stakeholders that address specific barriers to the integration of highly skilled newcomers into the Canadian labour market.”

“Helping newcomers obtain assistance to have their foreign credentials recognized will allow them to join the Canadian workforce faster,” Canada’s Minister of Employment, Workforce Development and Labour, Patty Hajdu, said in the news release.

“Through this call for concepts, we are giving more newcomers a fair chance at success in Canada.”

According to ESDC, this concept is open to eligible stakeholders involved in foreign credential recognition and the integration of highly skilled newcomers into the job market, such as regulatory bodies, professional associations, and unions.

Concept submissions are due by April 11, 2019.

Selected applicants will then be invited to develop and submit a full project proposal.

The Foreign Credential Recognition (FCR) Program works with Canada’s provinces and territories and stakeholders such as non-profit organizations, regulatory bodies, post-secondary institutions and employers to fund and implement programs designed to facilitate the assessment and recognition of professional credentials acquired outside Canada so skilled immigrants can find suitable employment and get to work faster.

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In an update published August 24, Ontario said it issued 15 Notifications of Interest (NOIs) to Express Entry candidates through the French-Speaking Skilled Worker (FSSW) Stream on August 23 and another 31 through this same stream on August 16.

These draws bring the total invitations issued through FSSW stream in 2018 to 977.

Ontario has been issuing invitations on a regular basis this year through this stream, which is for French-speaking candidates in the federal government’s Express Entry system who have strong English language abilities.

The federal government’s Express Entry system manages the profiles of candidates in Canada’s three main economic immigration categories: the Federal Skilled Worker Class, the Federal Skilled Trades Class and the Canadian Experience Class.

In order to qualify for Ontario’s FSSW stream, candidates must be eligible for either the Federal Skilled Worker Class or the Canadian Experience Class and have a Canadian Language Benchmark of at least 7 in French and 6 in English, among other criteria.

There is no minimum Comprehensive Ranking System (CRS) score requirement for the FSSW stream and Express Entry candidates who are nominated by Ontario receive an additional 600 points toward their CRS score.

Entrepreneur Stream issues new invitations

Ontario also announced the issuing of 21 new invitations to apply under its Entrepreneur Stream on August 20.

The minimum score for this draw was 110 — the lowest score yet for a draw through this stream since August 29, 2016.

Ontario’s Entrepreneur Stream welcomes business people who want to implement a new business idea or buy an existing business in Ontario.

Entrepreneurs can apply for permanent residence once their business has been successfully established in Ontario.

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Quebec’s Areas of Training List are giving a new edge to foreign degrees in actuarial science, information management and early childhood education, among others.

The Areas of Training List provides the number of points awarded for specified foreign and Quebec university, college and secondary-level vocational degrees under the Quebec Skilled Worker Program (QSWP), the province’s most popular immigration pathway.

Area of Training is one of the 10 factors that are considered under the QSWP’s points grid and can be worth up to 12 points.

Actuarial science, information management and early childhood education are among the seven most valuable foreign degrees, receiving the maximum 12 points under the updated list.

List linked to new Expression of Interest system

The revised Areas of Training List is one of a number of key changes to Quebec’s immigration system that came into effect August 2.

Chief among these is Quebec’s move to a new Expression of Interest (EOI) system for the QSWP, which will rank eligible candidates based on factors that now include work experience in the United States. This innovation makes Quebec the only Canadian province at the moment to specifically award points for U.S. work experience.

The EOI system replaces the first-come, first-served approach that Quebec had used to manage applications to the QSWP. This means that, rather than opening periodically for a set number of applications, Quebec will now require anyone who wants to be considered through the QSWP to submit an Expression of Interest profile to its Immigration Ministry (MIDI).

Profiles will be entered into a bank of candidates from which MIDI will select those who meet labour market needs and are most likely to integrate successfully into the the province’s economy and society, among other possible considerations.

Candidates in the EOI bank will be classed in two groups — one for eligible candidates who are either living in Quebec and meet specific criteria or have a job offer in the province, and the other for candidates living outside Quebec.

Candidates in both groups will be ranked based on their scores under a number of factors, such as age, proficiency in French or English, education and Canadian or U.S. work experience. Quebec lists Area of Training as one of the ranking factors for candidates applying from outside the province.

Area of training points are also considered once candidates have been invited to apply for a Quebec Selection Certificate (Certificat de sélection du Québec, or CSQ).

Candidates who reach this stage will have to meet the cut-off score for employability and obtain a minimum passing score of 50 (59 if accompanied by a spouse or common-law partner) under the QSWP points grid in order to be considered for selection. Area of training factors into both calculations and can therefore be instrumental to receiving a CSQ.

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The province of Quebec has announced the new quotas and application intake periods for its Investor, Entrepreneur and Self-Employed Worker immigration programs.

The Quebec Immigrant Investor Program will open from September 10, 2018, to March 15, 2019, to 1,500 applications. This number includes a quota of 1,235 applications from entrepreneurs in China.

Interested investors who can provide Quebec government-approved test results showing an advanced intermediate proficiency in French are exempt from the quota and application time frame.

Among other criteria, applications to the Quebec Investor Program will have to meet the revised net assets and investment thresholds of CAD $2 million and CAD $1.2 million, respectively, that come into effect August 2.

The previous requirements were net assets of CAD $1.6 million and an investment of CAD $800,000.

Entrepreneur Program

Quebec will accept 25 applications through the new Component One of its Entrepreneur Program and another 35 applications through Component Two between August 15, 2018, and March 31, 2019.

The criteria for the new components come into effect August 2.

Interested entrepreneurs who can provide Quebec government-approved test results showing an advanced intermediate proficiency in French are exempt from the quota and application time frame.

Component One is focused on startups supported by a business incubator / accelerator or university and Component Two is dedicated to owner-funded and operated businesses.

Under Component One, Quebec’s Immigration Ministry (MIDI) will consider entrepreneurs who, among other criteria:

• Have a passing score under Quebec’s Economic Class selection grid.
• Settle in Quebec to operate an enterprise that the entrepreneur creates, alone or with other persons, and that has received an offer of service from an enterprise accelerator, an enterprise incubator or a university entrepreneurship centre.

Component Two focuses on the operation of an enterprise that the immigrant entrepreneur creates or acquires.

Among other criteria, a foreign entrepreneur applying under this component is required to:

• Hold and control, alone or with the accompanying spouse or de facto spouse, at least 25 per cent of the equity of the enterprise he or she creates or at least 51 per cent of the equity of the enterprise he or she acquires. The value of that participation must be equal to or greater than the amount that must serve to start up the business project;
• Manage the enterprise himself or herself or participate actively as an associate in the management and daily operations of the enterprise;
• Provide a start-up deposit of $300,000 if the candidate wants to settle the business in Montreal and $200,000 if the candidate wants to settle the business outside the metropolitan region of Montreal;
• Obtain a passing score under the Entrepreneur program selection grid;
• Have at least financial resources of $900,000.

A key change between Component Two and the Entrepreneur program’s former requirements is candidates will now have to pay a performance guarantee deposit of $200,000 that is refundable if certain conditions are met.

Self-Employed Worker

Quebec will accept 50 applications through its Self-Employed Worker Program between August 15, 2018, and March 31, 2019.

Interested applicants who can provide Quebec government-approved test results showing an advanced intermediate proficiency in French are exempt from the quota and application time frame.

As of August 2, candidates accepted through the program will be required to have a minimum of CAD$100,000 in net worth.

Candidates who will be based in Montreal also will have to register a start-up deposit of $50,000 or more at a local financial institution, among other requirements.

The start-up deposit for candidates based in regions outside of Montreal must be at least $25,000.

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The Government recognizes the hard work that the City of Toronto has undertaken in the area of housing, and commends it for its partnership.

Due to the pressures Toronto is facing with the ongoing arrival of asylum seekers in its shelter system, the Government of Canada has booked hotel and motel rooms within the Greater Toronto Area to assist in accommodating the individuals who are currently staying in two college dormitories, opened as part of the City’s emergency response earlier this year. As of August 2, there were approximately 376 individuals in the dorms.

The Government will continue to monitor the situation with the City of Toronto and other municipalities over the coming months, including evaluating the situation again on September 1.

Although the Government of Canada has located, booked and paid for these alternate accommodations, the City of Toronto continues to be responsible for the transportation and logistics of the individuals.

The Government of Canada also continues to work closely with city officials in Ontario to plan for a triage system, which will be up and running in the coming weeks, to manage flows and ensure that asylum seekers are able to be housed in municipalities that have the capacity to do so.

In addition, the Government of Canada has now signed a memorandum of understanding that allowed it to directly provide the City of Toronto with $11 million to help offset the costs associated with the recent influx of asylum seekers. These initial funds have been allocated to help alleviate immediate pressures. The Government continues its discussions with its partners as it works towards longer-term solutions, including potential further financial support for temporary housing.

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New biometrics rules kick in July 31 for European, the Middle East, and African citizen. July 31, 2018 fingerprints and a photo will become mandatory for a Canadian visitor visa, work or study permit, permanent residence or asylum in Canada.

The biometrics, the fingerprints and photo will be required for identification purposes. This requirement will be extended to Asia, Asia-Pacific and the Americas on December 31, 2018.

Travellers from visa-exempt countries who are coming to Canada as tourists with a valid Electronic Travel Authorization (eTA) will not be required to provide biometrics. For a full list of exemptions, please see the end of this article.

The Government of Canada says the collection of biometrics will facilitate application processing and simplify entry into Canada for low-risk travellers.

All travellers between the ages of 14 and 79 must provide biometric information, except in asylum cases, for which there is no upper age limit.

The process of providing your biometric information only takes a few minutes and costs CAD $85 for an individual or CAD $170 for a family that is applying together.

How it works

Biometrics are used at both the application and entry into Canada phases. Biometrics allow visa officers to screen applicants for prior criminal convictions or Canadian immigration infractions. A traveller’s biometrics are also used when they enter Canada to confirm his or her identity.

Eight major Canadian airports will have self-serve Primary Inspection Kiosks where fingerprints will be verified, photos confirmed and travellers can make an on-screen declaration.

Fingerprint verification will be on a discretionary basis by Canada Border Services Agency (CBSA) officers at other Canadian airports and at land ports of entry.

Where to provide your biometrics

Outside Canada

If you are outside Canada and applying for the first time, you can provide your biometrics at a Government of Canada-authorized Visa Application Centre (VAC) when you’re applying for a visa in person.

There are 137 VACs in 95 countries where an applicant can give their biometrics.

New VACs have also been announced and are scheduled to open as follows:

• Kigali, Rwanda — Stockholm, Sweden — and Tel Aviv, Israel: mid-September 2018
• Athens, Greece — Berlin, Germany — Lyon, France — and Vienna, Austria: early November 2018
• Antananarivo, Madagascar and Cape Town, South Africa: early December 2018

The federal government says more VACs will open in 2019.

Transitional biometrics collection service points will also open to applicants at the following Canadian missions in Europe:

• From July 31 to mid-September 2018: The Embassy of Canada in Stockholm, ImmigrationSweden, for applicants from Sweden and neigh bouring countries.
• From July 31 to early November 2018: The Canadian embassies in Athens, Greece; Berlin, Germany; and Vienna, Austria for applicants from Greece, Germany, Austria and neighbouring countries.
• From July 31 to early November 2018: The Immeuble Le Bonnel in Lyon, France for applicants from France and neighbouring countries.

Anyone applying online or by mail will need to obtain a Biometrics Instruction Letter from Immigration, Refugees and Citizenship Canada (IRCC) and bring a printed copy of it to their nearest VAC.

In the United States, you can go to any of 135 Application Support Centers.

Inside Canada

If you are applying in person in Canada, you will be able to give your biometric information at specified Service Canada locations starting in 2019. Until then, IRCC says anyone applying for a visa, study or work permit or permanent residence in Canada is exempt from the biometrics requirement.

How long are biometrics valid?

If you are applying for a visitor visa or work / study permit, you only need to give your biometrics once every 10 years. However, if you have an application refused and you later reapply, you will need to renew your biometrics.

If you are applying for permanent residence, IRCC says you will need to give your biometrics and pay the fee regardless of whether you provided your biometrics in the past to support a visitor visa, study or work permit application or a different application for permanent residence.

Privacy

IRCC says fingerprints are encrypted and sent electronically to the Government of Canada’s secure Canadian Immigration Biometrics Identification System. Personal information is deleted from the collection system once it has been successfully transmitted to this database.

The Royal Canadian Mounted Police (RCMP) will check an applicant’s fingerprints against the fingerprint records of:

• criminals,
• refugee claimants,
• deportees, and
• temporary resident applicants.

Any matches to existing RCMP records will be analyzed by the visa officer treating the application, who will use the information to make a final decision.

Canada shares biometric information with the United States, Australia, New Zealand and the United Kingdom. IRCC says this is done in accordance with Canada’s privacy laws and civil liberties and human rights commitments, including the Canadian Charter of Rights and Freedoms.

The Government of Canada keeps fingerprints on record for 15 years from the time you provide them. They are deleted after this time or if the applicant is granted Canadian citizenship.

Exemptions

IRCC says the following are exempt from having to provide biometrics:

• Canadian citizens, citizenship applicants (including passport applicants), or existing permanent residents;
• visa-exempt nationals coming to Canada as tourists who hold a valid Electronic Travel Authorization (eTA);
• children under the age of 14;
• applicants over the age of 79 (there is no upper age exemption for asylum claimants);
• heads of state and heads of government;
• cabinet ministers and accredited diplomats of other countries and the United Nations, coming to Canada on official business;
• U.S. visa holders transiting through Canada;
• refugee claimants or protected persons who have already provided biometrics and are applying for a study or work permit;
• temporary resident applicants who have already provided biometrics in support of a permanent resident application that is still in progress.

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