Nicklaus Misiti: I-9 Audits and Immigration

Nicklaus Misiti: I-9 Audits and Immigration: I-9 audits have replaced the immigration “raids” of years past as the modern day method to curtail the hiring of illegal and undocumented w...

Nicklaus Misiti: The Anchor Baby Myth

Nicklaus Misiti: The Anchor Baby Myth: Immigration has become a hotly contested issue with strong feeling on each side. Unfortunately, we have allowed our emotions to get the bes...

Nicklaus Misiti: The Dream Act Explained

Nicklaus Misiti: The Dream Act Explained: Immigration laws offer harsh punishments for individuals who do not cross the border lawfully. With rare exception a person who enters this...

Nicklaus Misiti: Boiler Plate Law for a Motion to Reopen due to Ine...

Nicklaus Misiti: Boiler Plate Law for a Motion to Reopen due to Ine...: Ineffective Assistance of Counsel The Board of Immigration Appeals ("BIA") has determined the criteria for ineffective assistance of counse...

Nicklaus Misiti: EB-5 Investment Based Green Card

Nicklaus Misiti: EB-5 Investment Based Green Card: Under section 203(b)(5) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are made available t...

Nicklaus Misiti: Legal Permanent Residence

Nicklaus Misiti: Legal Permanent Residence: by Amelia Wong, Legal Intern According to the United States Citizenship and Immigration Services, an “LPR” is a legal permanent resident. ...

Comparing Canada’s Business Investment Program with the EB-5 Immigrant Investor Program of the United States

by Jovi Federici, Legal Intern

Canada’s Business Immigration Program (BIP), similar to the EB-5 Investment Immigrant Program in the United States, facilitates immigration to Canada based on business investment. There are, however, some very important differences between Canada’s BIP and the EB-5 program in the United States, which should be explored in order to fully understand the program.

The purpose of the BIP is to promote economic development and employment in Canada, with a specific interest in encouraging international trade. The BIP includes three classes of immigrants who seek permanent residence in Canada: Investor, Entrepreneur, and Self-Employed. Immigrant investors engage in a passive investment, and the program is split between a Federal program and a Quebec program. Immigrants who express a desire to live in Quebec should follow the Quebec program, which is similar to the Federal program except that it is only for applicants seeking to reside in Quebec and Quebec guarantees the investment instead of the Federal government. Also the investment proceeds are allocated to Quebec only. Generally s peaking, processing time for the Quebec program tends to be less than the Federal program, although this is not always the case.