Vancouver Immigration And Cross-Border Injury Law Blog

US immigration to allocate additional H2-B visas

Some of the British Columbia residents who applied for a seasonal guest worker visas in 2019 were disappointed. The U.S. immigration limits the number H2-B visas it allocates each year. The annual cap is 66,000 visas made available for non-agricultural foreign workers, half of which are allocated in January for the first half of the fiscal year, and the remaining 33,000 are then allocated to applicants who will start work in the United States in the second half of the fiscal year.

However, all is not lost because the United States Department of Homeland Security announced that there would be an additional 30,000 H2-B visas available for the second half of the current fiscal year. This will allow U.S. employers to bring in additional workers to fill the positions of jobs that American citizens will not do. The department says the increased number of visas are warranted by the tightening of the labour market.

ICBC changes will impact cross-border personal injury claims

On April 1, specific changes took effect in the Insurance Corporation of British Columbia car insurance regulations. These changes could severely impact the outcome of any claims that follow car accidents. It could be even more daunting to obtain benefits in a case of cross-border personal injury that happens while Vancouver residents are visiting Seattle or other destinations south of the border.

Although ICBC car insurance is said to be a no-fault system that pays benefits regardless of who was at fault, there are limits. Also, ICBC announced that the safety records of drivers would determine the rates they pay. Drivers with records of risky behaviour such as speeding and distracted driving will pay higher premiums than those who are regarded as safe drivers.

US immigration: Some Canadians are eligible for TN visas

Many British Columbia professionals engage in business activities across the border. Under the North American Free Trade Agreement, certain professionals qualify for TN nonimmigrant permits. They are classified as NAFTA professionals under the U. S. immigration's specially created trade and economic relationship with Canada. TN visas allow eligible professionals to engage in business activities in the United States on a temporary permit.

Professions that typically qualify for TN nonimmigrant permits include engineers, accountants, pharmacists, lawyers, teachers and scientists. To be eligible, the applicant must be a Canadian citizen whose profession qualifies him or her to practice in that capacity or take a prearranged part-time or full-time job in a United States company. It must be in a position that requires a NAFTA professional.

Cross-border personal injury: TBI can be devastating

Many have studied the ways in which traumatic brain injuries affect victims. British Columbia motorists who were victims of crashes that were caused by TBI victims will know the adverse impact it had on their lives, especially in cases of cross-border personal injury accidents. Travelling across the border to Seattle is part of the lives of many Vancouver residents, and accidents can happen at any time.

Studies show that a significant number of people who are involved in accidents or commit traffic violations have a history that includes traumatic brain injuries. Furthermore, researchers say that analysis of road test results indicates that almost one in three TBI victims fail road tests. The problem is that drivers who continue driving after suffering such injuries might cause accidents that result in death or injuries to other motorists or pedestrians.

US immigration: What are the benefits of dual intent visas?

Residents of British Columbia who wish to work in the United States and also apply for a green card might have many visa-related questions. U.S. Immigration laws require foreign applicants to show that they have no intentions to remain in the United States after the expiration of the work visa. They must also show the intent to leave the U.S. during the processing time of a green card.

However, foreign nationals have the option to apply for dual intent visas that include L-1, H1-B and O-1 visas. If an employer sponsors an employee with one of these visas, the worker will not have to leave the U.S. during the green card application and processing period. The dual intent means the intention to use the visa to work in the United States and also the intention to make an application for permanent residency during the time for which the work visa is valid.

Cross-border personal injury can have devastating consequences

With summer approaching, increased numbers of motorists will take to the roads, and this will also increase the chances of being involved in collisions. Car accident injuries could lead to hospitalization, doctors' fees, therapy sessions and lost income. If this happens to Vancouver residents while they travel in Washington state, the legalities of dealing with cross-border injury and insurance adjusters could be daunting.

Even accidents that do not result in catastrophic injuries can cause soft tissue and other injuries that could have long-term health consequences. These could include whiplash injuries that might lead to stretched, torn, sprained or strained ligaments, tendons and muscles. The rapid motion of the head during a collision can cause traumatic brain injury and damage to the intervertebral joints, ligaments, discs, nerve roots and cervical muscles of the neck.

US immigration options for investors

British Columbia residents who are considering relocation to the United States have various visa options. U.S. immigration laws offer two options for those who have substantial funds to invest. The EB-5 green card is for anyone who wants to establish and operate a business, and the E-2 visa is for those who simply want to live in the United States.

An EB-5 green card applicant must invest between $500,000 and $1 million in the United States to obtain immediate residency for him or herself, a spouse and children not yet 21 years old. This will allow the family to live and work, and also permit unrestricted freedom to travel or study anywhere in the country. It provides permanent residency although it will require a significant long-term investment.

Cross-border personal injury can complicate claims

Safety authorities say distracted drivers cause a significant percentage of automobile accidents in Canada. However, this is not limited to Canada, and sometimes British Columbia residents fall victims to distracted drivers when they travel to Seattle or other U.S. destinations. Navigating cross-border personal injury claims can be challenging without the support of legal counsel.

Distractions are classified as anything that causes a driver's attention to be on anything other than the roadway. Visual distractions cause drivers to look away, while manual distractions require drivers to take their hands off the steering wheel to do something else. Then there are cognitive distractions, which prevent drivers from keeping their minds on safe driving. Although these distractions might seem insignificant because they are brief, a crash can happen in the blink of an eye.

U S immigration: How and when to petition for family members

British Columbia residents who have been living and working in the United States for some time might want to make these circumstances more permanent. That is an important decision to make because it might mean leaving close family members behind. However, there are ways under U.S. Immigration laws by which to resolve this issue.

As a permanent resident with a green card, this person will be allowed to petition for his or her spouse and unmarried children only, regardless of their age. Sponsoring other family members is only permitted once the petitioner becomes a U.S. citizen. Being the holder of a green card is not enough because that just makes the holder a permanent resident, and it allows him or her to apply for U.S citizenship after two years and nine months.

Can I get deported from Canada for drunk driving?

As an immigrant in Canada, you probably realize that you’re under more scrutiny than most. Immigration authorities have a responsibility to keep their country safe—and to prevent nefarious individuals from entering it. One of the ways they do this is by restricting access to people with a criminal past.

If you’re a foreign national wishing to travel or move Canada, a criminal record could prevent you from gaining entry. If you’re a non-citizen already living in Canada, committing certain crimes could result in your removal from the country.

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