Monday, 31 December 2012

NIREN & Assoc. NEWSLETTER


 
 
Newsletter | January 2013 Edition | Vol # 1-1-2013
 
 
 
Have a Happy New Year ! From the Niren & Associates Team

Niren & Associates would like to thank you for choosing our firm to assist you with your  immigration matters in 2012. We are delighted to have served you and, its been a pleasure helping you achieve your goals. We look forward to serving you again with any future needs. On behalfeveryone at Niren & Associates, we wish you a healthy and prosperous 2013!

 
 
Canada Immigration News
 

Federal Skilled Worker Program to Re-Open May 4, 2013

 

According to this news release from Citizenship and Immigration Canada, Citizenship, Immigration and Multiculturalism Minister Jason Kenney has announced that the Federal Skilled Worker program will re-open with several changes. The changes made to the program were in an effort to ensure the program attracts the kind of workers Canada needs.



New Official Changes to the Skilled Worker Program
The changes include:
  • Creating a minimum official language level and making language the most important factor in the points selection process by awarding more points for language abilities.
  • Offering more points for younger immigrants who will spend more years contributing to the Canadian economy.
  • Creating a program called the Educational Credential Assessment to better consider the value of foreign credentials compared to Canadian ones.
  • Creating the ability for employers to hire applicants faster by making changes to the arranged employment process.
  • Awarding points to the applicants for having work experience in Canada and for having spouses with language proficiency in English or French.
  • "The government's number one priority remains jobs, economic growth and long-term prosperity," he said. "The new Federal Skilled Worker program criteria will ensure Canada is selecting the skilled immigrants our economy needs, who are most likely to succeed and fully realize their potential in Canada."
The Skilled Worker Program is the largest economic immigration program in Canada, and these changes are expected to make it so that it only takes a few months to process applications instead of a few years. If you would like to immigrate to Canada under the Skilled Worker Program, please contact us to speak with one of our immigration professionals.

As this is a highly competitive program, we can help you determine if you are eligible to begin the application process. Best advice? Plan in advance!
 
 
 
 
 
New Federal Skilled Worker Point System
 

In our September 2012 newsletter we posted the new point system. Here is the new point system and details about how the points will be awarded to the applicants.

Old Points System Grid
New Point System with Changes
First Official Language:
Maximum 16 points
No official language ability required
First Official Language:
Maximum 24 points
New Mandatory Minimum
Basic
Approx. CLB/NCLC 4 or 5
1 Point per ability to max. of 2
Minimum threshold in all abilities
Initially set at CLB/NCLC 7
4 Points per ability

Understands the main points and important details of a conversation and can write routine business correspondence; able to participate in small group discussions and express opinions and reservations about a topic.

Moderate
Approx. CLB/NCLC 6 or 7
2 Points per ability
Threshold + 1 CLB/NCLC level
5 Points per ability
CLB/NCLC 8

Participates in business meetings and debates; understands a broad range of general and abstract topics; writes formal and informal notes and summary documents.

Second Official Language: 8 Points
Second Official Language: 4 Points
Maximum 8 Points
Maximum 4 Points
CLB/NCLC 5 in all abilities
Age: Maximum 10 Points
Age: Maximum 12 Points
21 to 49 yrs
10 Points
18 to 35 yrs
12 Points
20 or 50 yrs
8 Points
36 yrs
11 Points
19 or 51 yrs
6 Points
37 yrs
10 Points
18 or 52 yrs
4 Points
Less one point per year
--
17 or 53 yrs
2 Points
46 yrs
1 Point
<17 or >53 yrs
0 Point
47 and over
0 Point
Work Experience: Maximum 21 Points
Work Experience: Maximum 15 Points
1 yr
15 Points
1 yr
9 Points
2 yrs
17 Points
2 to 3 yrs
11 Points
3 yrs
19 Points
4 to 5 yrs
13 Points
4+ yrs
21 Points
6+ yrs
15 Points
Education: Maximum 25 Points
Education: Maximum 25 Points
Points will be awarded based on an assessment of educational credentials by a designated organization, indicating the foreign educational credential's equivalent in Canada.
Master's or Doctoral level (+17 yrs)
17 Points
Doctoral level
25 Points
Two or more credentials at the bachelor's level OR 3-year post-secondary credential (+15 yrs)
22 Points
Master's level or professional degree
23 Points
Bachelor's (2 years or more) OR 2-year post-secondary credential (+14 yrs)
20 Points
Two or more post-secondary credentials, one of which is a three-year or longer post-secondary credential
22 Points
Bachelor's (1 year) OR 1-year post-secondary credential (+13 yrs)
15 Points
Three-year or longer post-secondary credential
21 Points
One-year post-secondary credential (+12 yrs)
12 Points
Two-year post-secondary credential
19 Points
Secondary school
5 Points
One-year post-secondary credential
15 Points
Secondary school not completed
0 Points
Secondary school
5 Points
Arranged Employment: 10 points
Arranged Employment: 10 points
In order to receive points for arranged employment, applicants will need to have a LMO from HRSDC, plus an indeterminate job offer. In some cases, applicants will be LMO exempt and will only require the indeterminate job offer. New measures, including introducing a labour market assessment and genuineness elements in the regulations, are expected to increase program integrity, improve labour market responsiveness, and streamline processing for employers.
Adaptability: Maximum 10 Points
Spousal/partner education
5 Points
PA Previous Work in Canada (min. 1 yr at NOC 0, A, B)
10 Points
Previous Study in Canada PA or spouse/partner
5 Points
Or a combination of...
Previous study in Canada -- PA
5 Points
Previous Work in Canada PA or spouse/partner
5 Points
Previous study in Canada -- accompanying spouse/partner
5 Points
Relative in Canada
5 Points
Previous work in Canada -- accompanying spouse/partner
5 Points
Arranged Employment
5 Points
Arranged employment
5 Points


Revised: Rel. in Canada (18 years or over)
5 Points


Added:
Accompanying spouse/partner's official language (CLB/NCLC 4)
5 Points


Eliminated:
Accompanying spouse/ Partner education
3 to 5 Points
Pass mark = 67
Pass mark = 67

 
 
Immigration Videos this Month
 
 
 
US Immigration News
 
 
USCIS to Start Accepting H-1B Petitions for FY 2014 on April 1, 2013
 
Now is the time for employers to consider whether an H-1B is appropriate for an existing or new foreign worker for their company. U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise. Such workers include scientists, engineers, and computer programmers, amongst others.


The cap (the numerical limit on H-1B petitions) for FY 2014 is 65,000. The first 20,000 H-1B petitions filed on behalf of individuals with U.S. master's degrees or higher are exempt.


USCIS will monitor the number of H-1B petitions received and will notify the public of the date when the numerical limit of the H-1B cap has been met. This date is known as the final receipt date. If USCIS receives more petitions than it can accept, it may on the final receipt date randomly select the number of petitions that will be considered for final inclusion within the cap. USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap.


In addition to petitions filed on behalf of people with U.S. master's degrees or higher, certain other petitions are exempt from the congressionally mandated cap. Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at:

  • Institutions of higher education or related or affiliated non-profit entities;
  • Non-profit research organizations; or
  • Governmental research organizations.
Petitions filed on behalf of current H-1B workers who have been counted previously against the cap do not count towards the H-1B cap.


To find out whether your employee may qualify for an H-1B, please contact our offices and book an appointment to speak with an immigration professional.

 
 
 
 
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Michael Niren

Michael H. Niren
B.A., LL.B. Managing Partner and Founder of Niren and Associates


Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association's Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more about Michael Niren