BUSINESS IMMIGRATION –CANADA AND U.S. WHAT YOU NEED TO KNOW RIGHT NOW

Melissa Babel

B.A. (Hons) LL.B, Barrister and Solicitor Babel Immigration Law

United States

What is the proposed ‘Gold Card’ for Immigrants?

President Donald Trump has introduced a proposal for a “Gold Card” visa program, aiming to attract high-networth individuals by offering U.S. residency and a pathway to citizenship in exchange for a $5 million payment to the U.S. government. This initiative is intended to replace the existing EB-5 visa program, which requires a minimum investment of $1 million in a U.S. business and the creation of at least ten jobs.

President Trump asserts that the Gold Card program could significantly reduce the national debt, estimating potential revenue of $36 trillion. The authority to terminate an existing immigration program and create a new one lies with Congress and requires legislative action.

As of March 8, 2025, the administration has not released detailed guidelines for the Gold Card program and the EB-5 program is still live.

Recent Updates on the H-1B Visa Program for 2025 Modernization and Regulatory Changes

On January 17, 2025, the Department of Homeland Security (DHS) implemented a final rule aimed at modernizing the H-1B visa program. This rule introduces several key updates:

• Specialty Occupation Definition: The criteria for what constitutes a “specialty occupation” have been refined to ensure that H-1B positions require highly specialized knowledge and at least a bachelor’s degree in a directly related field.

• Protections for F-1 Students: The rule provides certain flexibilities for F-1 students transitioning to H-1B status, aiming to facilitate a smoother transition for international students seeking employment in the U.S.

• Program Integrity Measures: Enhanced enforcement mechanisms have been established to protect the integrity of the H-1B program, including measures to prevent fraud and abuse.

Fiscal Year 2026 H-1B Cap Registration

The U.S. Citizenship and Immigration Services (USCIS) has announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon EST on March 7, 2025, and run through noon EST on March 24, 2025. Prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically and pay the associated registration fee.

Beneficiary-Centric Selection Process

USCIS continues to utilize a beneficiarycentric selection process to prevent system manipulation. This approach ensures that each beneficiary has an equal chance of selection, regardless of the number of registrations submitted on their behalf.

Employer Obligations and Compliance

Employers are reminded to adhere strictly to the updated regulations to maintain compliance and uphold the integrity of the H-1B program. This includes ensuring that job roles meet the refined definition of specialty occupations and that all application information is accurate and truthful. These developments reflect ongoing efforts to balance the demand for skilled foreign labor with the protection of U.S. workers and the integrity of immigration programs.

Canada

Continued Support for Ukrainians

Immigration, Refugees and Citizenship Canada (IRCC) has announced further extension of Work and Study Permit Measures for eligible Ukrainian nationals and their family members who arrived in Canada under the Canada-Ukraine Authorization for Emergency Travel (CUAET) on or before March 31, 2024. Eligible individuals can apply for a new open work permit, renew an existing work permit, or apply for a new study permit until March 31, 2026. New open work permits issued under this extension are valid for up to three years.

These measures reflect Canada’s ongoing commitment to supporting Ukrainian nationals affected by the ongoing conflict, offering them opportunities for stability and integration within Canadian communities.

Immigration Levels Plan 2025–2027

On October 24, 2024, the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, announced the 2025–2027 Immigration Levels Plan. This plan aims to pause population growth in the short term to achieve well-managed, sustainable growth in the long term. For the first time, the levels plan includes controlled targets for temporary residents, specifically international students and foreign workers, as well as for permanent residents. The government plans to reduce the number of new permanent residents from 485,000 in 2024 to 395,000 in 2025, 380,000 in 2026, and 365,000 in 2027. Temporary resident numbers will also decline by 30,000, reaching around 300,000 in 2025. This policy shift is partially driven by rising housing prices and a growing belief among Canadians that the country has too many immigrants.

Support for Undocumented Migrants in Construction

Building on the success of initiatives such as the out-of-status construction workers in the Greater Toronto Area pilot, IRCC intends to create a pathway offering opportunities for undocumented migrants in the construction sector. These individuals, already living and working in Canada, contribute significantly to the sector. This pathway aims to regularize their status, allowing them to continue building the homes that the economy and communities need, while ensuring they receive proper protections.