Americas

Americas immigration policy and labor market updates

Key trends shaping the Americas labor and immigration landscape

Labor market protection

Both Canada and the U.S. are implementing policies that prioritize local workers over foreign nationals, especially in sectors facing unemployment or oversupply.

Digitalization and efficiency

The move towards digitalization in immigration processes, such as Mexico’s online appointment system, is a trend seen across the region, aiming to reduce bottlenecks and improve service delivery.

Leadership and policy transitions

With the change in Mexico’s Instituto Nacional de Migración (INM) leadership, potential immigration policy shifts could impact procedures for foreign nationals. This aligns with broader trends in the LATAM region, where countries are reassessing immigration priorities to meet local economic goals.

Post-study work limitations

In Canada, stricter eligibility for post-graduation work permits aligns with global trends toward regulating the entry of foreign students into the job market, ensuring they meet the country’s long-term economic needs.

Country insights: policy changes and new regulations

Canada:

Stricter immigration controls to protect local labor market

Temporary Foreign Worker (TFW) Program Reforms

Effective September 26, 2024, Canada introduced tighter controls on the TFW Program, particularly in the Low-Wage stream, to reduce reliance on foreign workers in low-paying jobs. The changes ensure Canadians and permanent residents are prioritized for employment, signaling Canada’s commitment to safeguarding local job opportunities and addressing concerns over misuse of the program.

International student and post-graduation work permit changes

From November 1, 2024, international students will face new language requirements for post-graduation work permits. Additionally, the government will cap the number of study permits issued in 2025 and 2026 at 437,000 (10% fewer than 2024), limiting access to work permits for certain students. These reforms aim to better align immigration levels with Canada’s labor market needs while balancing the influx of foreign students and workers.

US:

Additional H-1B cap selection to meet skilled labor demand

In a bid to meet the fiscal year 2025 H-1B cap, U.S. Citizenship and Immigration Services (USCIS) conducted an additional lottery on August 5, 2024. This process was implemented to ensure the regular cap was filled by randomly selecting registrations from the pool of remaining applicants. The move underscores the U.S.’s strategic use of its visa programs to manage skilled labor demand while maintaining a cap on foreign workers.

Mexico:

Digitalization of immigration processes

Resumption of online immigration appointments

As of September 17, 2024, the National Immigration Institute (INM) has resumed granting online appointments for all immigration processes. This update reflects a broader regional trend toward streamlining immigration services through digital platforms, aimed at increasing efficiency and reducing administrative delays.

Change in Leadership at the INM

Mexico recently announced a new head of the INM, which may result in future adjustments to immigration application procedures. These potential changes highlight the evolving landscape of immigration policy in Mexico, as leadership transitions often lead to shifts in priorities and processes.

Colombia:

Updated visa deadlines and requirements

Resolution 9316 of 2024

Effective September 27, 2024, this resolution introduces key changes to Colombia’s immigration framework, including revised deadlines for transferring resident visas and updated requirements for certain Visitor – V Visas. The reforms reflect Colombia’s efforts to modernize its visa processing and adapt to shifting economic and social priorities in the region.

Want more information on Americas immigration policy and updates

Manish Daftari

Partner

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