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An analysis of Canadian travel restrictions due to the COVID-19 outbreak

Update: On March 18, 2020, Prime Minister Trudeau announced that Canada and the United States had agreed to temporarily close the Canada-US border to non-essential travel, in order to preserve “critical” supply chains between the two countries. President Trump also announced this temporary closure in a tweet on March 18, 2020. Prime Minister Trudeau confirmed that travel for the purposes of recreation and tourism will be prohibited. Both Prime Minister Trudeau and President Trump have also stated that trade will not be affected. However, very little details have been provided regarding what will be considered essential travel. It is also not known at this time whether this measure will apply only to the land ports of entry or if it will modify the existing air travel ban that is already in effect.

Please click here to read the full Dentons client alert.

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An analysis of Canadian travel restrictions due to the COVID-19 outbreak

An overview of United States travel restrictions due to the COVID-19 outbreak (United States)

President Trump has recently issued several Presidential Proclamations in response to the 2019 Novel Coronavirus (COVID-19) outbreak, which have restricted the ability of foreign nationals to travel to the United States. Dentons immigration partner, Henry Chang (who is based in our Toronto office) provides a summary of the US travel restrictions that have resulted from the COVID-19 outbreak (that the World Health Organization declared a pandemic on March 11, 2020). Please click here to read the full Dentons client alert.

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An overview of United States travel restrictions due to the COVID-19 outbreak (United States)

E-1 Visas for Canadian production companies

Canadian production companies that sell films and/or television productions to US-based companies (including US studios, independents and streaming services) can face difficulties when sending their key personnel to the United States. The issue frequently arises when some or all of the Canadian production is scheduled to take place on location in the US. 

Canadian production companies often focus on traditional US work permit categories that were created with the film and television industry in mind, such as the O-1B for aliens of extraordinary achievement in the motion picture or television industry, or the O-2 for related essential support personnel. However, these categories are relatively difficult to use and many foreign nationals will be unable to satisfy the onerous eligibility requirements.

Fortunately, the E-1 (treaty trader) category is a viable alternative to the O-1B and O-2 categories. Despite this fact, Canadian production companies tend to overlook the E-1 category, because it was initially intended for entrepreneurs rather than the film and television industry. For a brief overview of E-1 eligibility requirements and to read the full article please click here.

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E-1 Visas for Canadian production companies

DHS commences pilot project to collect DNA from certain travellers

The Department of Homeland Security (DHS) recently announced a pilot project to collect DNA samples from certain travellers, which commenced on January 6, 2020.

This announcement has prompted questions from Canadians (and other foreign nationals), who are concerned that they may be required to provide a sample of their DNA when travelling to the United States. Although privacy advocates are concerned about this mandatory collection of DNA, the pilot project, as it presently stands, may not be a significant departure from current practices. Please click here to read the full article.

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DHS commences pilot project to collect DNA from certain travellers

The Government of Canada implements its New Preclearance Act

Effective August 15, 2019, the Preclearance Act of 2016 gives enhanced powers to US Customs and Border Protection officers working in preclearance areas located in Canada, much to the chagrin of many concerned Canadians. The Act was implemented in furtherance of the Preclearance Agreement, a treaty signed by Canada and the US in 2015. Please click here to read the Dentons client alert.

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The Government of Canada implements its New Preclearance Act

Federal legalization of hemp in the United States and its effect on US immigration laws

US immigration laws eased after the US 2018 Farm Bill removes hemp (and extracts of hemp such as CBD), from the list of controlled substances that have immigration consequences. Signed into law by President Trump on December 20, 2019, removes a major roadblock that hindered foreign investment and job creation in the US lawful hemp industry. Please click here to read the full article.

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Federal legalization of hemp in the United States and its effect on US immigration laws

Cannabis in the United States and its implications in naturalization applications

In response to requests from state and local officials for clarification and adjustment of United States Citizenship and Immigration Services policies negatively impacting the legal immigration status of individuals who work or have worked in the legal cannabis industry, USCIS has updated its Policy Manual—but has not retreated from its position that cannabis-related activities will likely bar a lawful permanent resident of the US from naturalization, even if such activities take place in a state that has legalized cannabis. For a deep dive into the updated manual—including cannabis-related activities which, while not grounds for deportation may still be grounds for inadmissibility if the LPR travels abroad and attempts to re-enter the US—please click here.

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Cannabis in the United States and its implications in naturalization applications

Immigration consequences of Canadian criminal offences

Many Canadian criminal cases have potentially adverse consequences for immigration status. Accordingly, when a criminal lawyer in Canada represents a client who is not Canadian citizen, it is imperative that the lawyer consider the two distinct grounds of criminal inadmissibility described in the Immigration and Refugee Protection Act 1 (IRPA)—A36(1), which addresses “serious criminality” and applies to both foreign nationals and permanent residents, and A36(2), which addresses “criminality” and applies only to foreign nationals. For a discussion by Dentons Toronto immigration partner Henry Chang on their respective implications, as well as the impacts of federal, provincial and juvenile offenses, as well as conditional sentences, please click here.

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Immigration consequences of Canadian criminal offences

How US federal cannabis legalization would affect US immigration law

During the 115th US Congress, several bills were introduced to legalize marijuana at the federal level. Those receiving the most attention were: (1) the Strengthening the Tenth Amendment Through Entrusting States Act (STATES Act); (2) Marijuana Justice Act of 2017/Marijuana Justice Act of 2018 (Marijuana Justice Act); and (3) the Marijuana Freedom and Opportunity Act (Marijuana Freedom Act). While all three died when the Congress ended on January 3, 2019, they are likely to be reintroduced (without change) during the 116th Congress. For our analysis of how they might affect the ability of foreign nationals to enter the United States, click here.

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How US federal cannabis legalization would affect US immigration law

An overview of Canada’s Start-Up Business Class

Many foreign nationals are now aware that US immigration policies are more restrictive than in years past. For example, to protect the economic interests of US workers, President Trump issued an executive order directing government agencies to rigorously enforce and administer immigration laws. Meanwhile Canada remains relatively open to accepting new immigrants and, according to a report published by Immigration, Refugees and Citizenship Canada, could accept as many as 1.1 million in total in the years 2019 through 2021. As a result, many foreign entrepreneurs who might otherwise have permanently settled in the US are instead considering Canada. Dentons partner, Henry Chang (who is based in our Toronto office) has provided a detailed discussion of Canada’s Start-Up Business Class, a permanent residence option for innovative foreign entrepreneurs. The full article appears here.

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An overview of Canada’s Start-Up Business Class