Archives February 2024

In recent years, the momentum of overseas mergers and acquisitions by Chinese companies cannot be underestimated, and has created a wave of mergers and acquisitions in the United States. Chinese entrepreneurs can immigrate to the U.S. by acquiring U.S. companies, namely, the Small- and Medium-Sized Enterprises (SMEs), and for those Chinese executives selected for assignment to the U.S., they can also obtain a U.S. green card (occupational immigration EB1C) through acquisition.

For Chinese investors, acquiring a U.S. company with established market size and profitability is an excellent opportunity to tap into and quickly enter the huge U.S. market. So, how to successfully acquire a U.S. SME? WANG LAW LLC ( LAW FIRM) , after a large number of case experiences, now mainly focuses on the analysis of the acquisition price of $10 million or less, the acquired company’s employee size of less than 100 people in the United States small and medium-sized enterprises.

The procedures and steps for acquiring a U.S. SME are generally divided into the following phases:

1. initial negotiation and identification of the acquiring entity;
2. due diligence and signing of the transaction agreement;
3. transition monitoring, approval and delivery; and
4. subsequent integration and operation.

The first step is to conduct preliminary consultations to determine the main body of the acquisition.
Chinese investors can determine their own positioning based on the enterprise’s industry conditions, their own assets, operating conditions and development strategy, form an acquisition strategy, and through intermediary recommendations or business interactions to discover the acquisition target, the two sides can conduct preliminary negotiations on business terms, such as the number of shares to be acquired, the purchase price, the direction of business development, and the treatment of the original executives. It is crucial to understand the reasons for the seller’s disposal of assets in order to grasp the issues of greatest concern in the transaction; it is also necessary to consider the approximate time required for the acquisition process, so that both parties can reach an agreement on the objectives and determine the intention to acquire. Domestic enterprises to acquire U.S. companies, can be part of the acquisition, can also be all shares of the acquisition, but for the acquisition through the acquisition of a green card, then, do not need to acquire the full amount of the acquisition, only need to acquire more than half of the shares can be. The acquired U.S. company does not necessarily need to operate the same business with the domestic head office, the industry is very broad, can be a chain of hotels, car dealerships, trading companies, training institutions, wineries and other industries.

In the second step, due diligence is performed and the purchase price is formulated.
After the initial negotiation and determination of the acquisition intent, both buyer and seller need to start assembling their teams. Generally speaking, there are technical, commercial, legal, financial and board members involved. Of course, due diligence through legal or financial intermediaries is a much smoother channel than directly requesting due diligence from the acquired company. Therefore, depending on the needs of the transaction, the team will also engage external investment banks, accounting firms, law firms and other expert consultant teams. After signing a confidentiality agreement with the target company, the investor can conduct financial, commercial and legal due diligence on the target company in order to obtain more detailed information, including the target company’s financial situation in recent years, sales of products, the use of production equipment, the shareholding structure and so on. From the legal point of view, the investor needs to ensure that the acquisition target is valid and legal, and that there is no behavior prohibited by the court or administrative order. After fully grasping the real situation of the acquisition target, a preliminary acquisition offer can be made based on due diligence, roughly as follows: price, transaction structure, source of funds and so on.

In the third step, the share purchase contract is signed and the acquisition is implemented.
After an exhaustive on-site investigation, the target company is given a valuation, and the acquisition price is confirmed after comprehensive consideration, at which time the acquisition consideration remains the core. After the buyer and seller agree on the price and text, the two sides determine the acquisition method, pricing model, acquisition payment method (cash, liabilities, assets, equity, etc.), the production of legal documents, to determine the post-acquisition management staffing arrangements, the solution for the original employees and other related issues, and sign the transaction agreement or share purchase contract. Generally like we propose the acquisition price within 10 million dollars, the acquired enterprise employees in less than 100 small acquisitions, the share purchase agreement can be signed at the same time to complete the transaction; large acquisitions, usually signed before the delivery (need to be intermediate in order to obtain government approval).

The step 4 is Transition monitoring, approval and delivery. The signing of the share purchase contract is not the end of the acquisition; the time between the signing of the contract and the delivery of the shares can be short or long, depending on the approval process. The first is the approval of the transaction by the shareholders’ meeting, where a sufficient number of shareholders of the target company have approved the transaction; the second is obtaining governmental approvals or filings. Approval by Chinese government departments and other legal system support issues in takeovers.

1. Approval by the Chinese Government: Approval by the Ministry of Commerce (MOFCOM)/Local Commerce Commission (LCC): issuance of an Overseas Investment Certificate (OIC); Development and Reform Commission (DRC): issuance of a letter of approval; and the Bureau of Foreign Exchange (BFE): foreign exchange approval for capital projects. The State Council amended the Catalogue of Government Approved Investment Projects in early December 2013, significantly reducing the approval requirements for Chinese companies investing overseas. Only projects involving sensitive countries and regions or sensitive industries, or Chinese investment of more than 1 billion U.S. dollars shall have the approval of the National Development and Reform Commission (NDRC), in addition to investment of more than 300 million U.S. dollars in projects reported to the NDRC for the record. In other cases, the central enterprises shall report to the Ministry of Commerce for the record, and the local enterprises shall report to the provincial government for the record. In this way, most Chinese companies will not need to obtain prior approval from the Chinese government for their outbound investment projects, simplifying the process.
2. Approval by U.S. government agencies: foreign investment review, antitrust, etc. Depending on the nature and amount of the M&A project, some projects need to be reviewed by the U.S. Department of Justice or the Federal Trade Commission, sometimes including the U.S. Committee on Foreign Investment (CFIUS), and the relevant procedures are completed with no comments or objections. Foreign acquisitions of U.S. companies are also subject to U.S. antitrust and export control compliance review (Export Control). Foreign acquisitions are subject to U.S. antitrust and export control compliance. If the amount of the acquisition is very large, according to the Hart-Scott-Rodino Act, it is necessary to do the pre-merger notification (pre-merger notification) program, and the current amount of the requirement is more than 63 million U.S. dollars of mergers and acquisitions must be declared for review. When foreign capital acquisitions of U.S. companies, especially those involving sensitive high-tech projects, in general, information security, defense, telecommunications, energy, aerospace, transportation (ports, airports, shipping) and other areas corresponding to the higher sensitivity of national security, the need to further submit the relevant export control (Export Control) aspects of the application for review, CFIUS needs to be done mergers and acquisitions are “threaten to undermine U.S. national security” analysis and investigation, within 30 days of receiving the application to decide whether to withdraw or further investigation. All of these uncertainties need to be specified in the M&A contract to counteract some of the risks. While major asset acquisitions are subject to antitrust laws, ordinary asset sales are not. In the U.S., when a Chinese company wants to buy a U.S. company, their biggest concern is whether the merger will shift all the jobs to China. This is a very important question. If you can prove that through the M&A, not only will you not take away or shift existing jobs, but you will also invest in the existing company and help it expand, create more jobs, and boost local taxes and the economy, then they will treat the acquisition completely differently.
3. Practical experience. In practice, the investor hopes to achieve the immigration goal through the acquisition. USCIS does not require Chinese enterprises to acquire foreign capital must be approved by the Chinese government, the Immigration Bureau also did not personally go to China’s specific enforcement procedures, its focus is on the investor for the acquisition of U.S. businesses, the flow of funds path, as long as it can be proved that the acquisition of funds to the ins and outs can be. For Chinese investors, if through the EB5 direct acquisition of immigrants, you need to prove the legitimacy of the source of funds; if it is through the EB1C multinational executives immigrant applications, you need to prove that the funds out of the parent company in China, and ultimately into the U.S. target company, with a clear path of capital flow can be. Here, according to our experience, the Chinese parent company can be directly injected into the U.S. company, can also be injected into the name of the individual shareholders and other ways to flow, which does not need to be audited by the Chinese government, the program is simple.

In the fifth step, the project is delivered and the investor pays the price to complete the transaction.
Adjustment of the price after the period and claims: The price to be paid is generally adjusted according to the target company’s finances, based on the amount of net operating capital; and there are no significant negative changes in the target company from the day of the signing of the merger and acquisition contract to the time of delivery. After delivery, the target company shall also pay compensation to the Chinese investors if there is a claim event within a certain period of time for which the target company should be responsible as agreed in the transaction documents. It is a prerequisite for the delivery of the target company that the investor complies with the agreed responsibilities of both parties and that the representations and warranties of the investor are true. Transitional services. After the merger, the original executives of the target company will need to renegotiate their employment terms if they continue to work for the company; if the investor does not intend to continue to employ the same executives under the original shareholders, the target company can take 3-6 months to help the new shareholders take over the management of the company and provide transition services.

Step 6: Subsequent integration and operations, and closing of the merger and acquisition.
For enterprises, it is not enough just to realize the merger and acquisition of enterprises, but finally to integrate and fully mobilize the resources of the target enterprise, and to integrate the business of the target company, including sorting out and managing the personnel, business, finance, and the construction of upstream and downstream channels, so as to produce the expected benefits. Especially the integration after cross-border M&A will face more challenges.

M&A Transaction Considerations:

1. Focus on the target company’s representations and warranties. This section deals with representations and warranties made by the target company to the buyer on matters of material relevance to the company. However, if the target company’s representations and warranties are “incomplete” or disclosed in too general a manner, and buyer’s counsel, due to lack of experience, fails to request the target company to make representations and warranties on a material and relevant matter, the target company will generally not be liable if the problem ultimately arises from the failure to make representations and warranties.
2. Avoid business risks as much as possible: Due diligence must be thorough and exhaustive. Avoid unnecessary business risks, such as hidden debts or lawsuits of the target company. If there are claims in the future: Generally speaking, it is difficult to “return” an M&A transaction once it is settled. Define the main business and develop it steadily. Restrict the target company’s competitive business activities after the M&A transaction is finalized. Therefore, it is prudent to define the target company’s main business. If the definition is too narrow, it will be less restrictive to the original shareholders, who will be able to step down from the company and carry out similar business activities that may compete with the company’s business. Especially after the completion of the acquisition, the Chinese company should pay attention to dealing with labor and management as well as the relationship with the local government, and obtain their understanding and support; in the integration of the enterprise, make good use of the existing management and human resources, and try to avoid the “big blood change” and “big shake-up”. In the integration operation, the existing management and human resources should be utilized well, and “big blood change” and “big shock” should be avoided as much as possible.
3. In cases where green cards are sought through the acquisition of a business, attention is given to the name in which the investor is making the acquisition, the determination of affiliation between the United States company and the overseas company, and, most importantly, job creation!

Step 7, Immigration to the United States: Pathways for Corporate Executives and Employees

In the United States, there are multiple pathways for company executives and employees to obtain immigration status. These pathways involve different types of visas, including L1A, L1B, EB1-C, and H1B. These immigration pathways, as well as their requirements and application processes, are described below.

1. L1A visa: The L1A visa is available to senior managers or executives of multinational corporations to enable them to transfer to work in a U.S. branch or subsidiary of a U.S. company. Below are the main requirements for applying for an L1A visa:

• Within the last three years, served as a senior manager or executive in a foreign company and held the position for at least one year.
• Will hold a similar senior management or executive position in a U.S. branch or subsidiary of a U.S. company.
• The company must qualify as a multinational corporation and have a legal office or subsidiary in the United States.

2. L1B visa: L1B visas are available to employees with specialized knowledge or skills within a company that enable them to transfer to work in a U.S. branch or subsidiary of a U.S. company. Below are the main requirements for applying for an L1B visa:

• Holding a position with specific specialized knowledge or skills in a foreign company for at least one year within the last three years.
• Will be working in a U.S. branch or subsidiary of a U.S. company in a job related to specialized knowledge or skills.

3. EB1-C immigration:

EB1-C immigration is available to senior managers or executives of multinational corporations to enable them to obtain permanent resident status in the United States. Below are the main requirements for applying for EB1-C immigration:

• Within the last three years, served as a senior manager or executive in a foreign company and held the position for at least one year.
• Will hold a similar senior management or executive position in a U.S. branch or subsidiary of a U.S. company.
• The company must qualify as a multinational corporation and have a legal office or subsidiary in the United States.

4. H1B visas:

H1B visas are available to foreign employees with specialized skills or expertise in a particular professional field, enabling them to work for a U.S. company. Below are the main requirements for applying for an H1B visa:

• Must have a bachelor’s degree or higher in a specific area of specialization and a job position that requires specialized skills or expertise in that area.
• The company is required to file a petition with the U.S. Department of Labor and certify that the position requires specialized skills or expertise that cannot be filled by a suitable employee within the United States.

5. Other migration routes:

In addition to the visa types listed above, there are a number of other immigration pathways that allow company executives and employees to obtain U.S. immigration status, such as EB-5 immigrant investor, EB-2 or EB-3 immigrant professional, and family immigration. The requirements and application process for these pathways may vary, so they need to be evaluated and applied for on a case-by-case basis.

Conclusion:

Through the above immigration pathways, company executives and employees may have the opportunity to obtain immigration status to the United States through a small business acquisition. However, each immigration route has its own specific requirements and application process, and applicants need to choose the most appropriate route based on their own circumstances and prepare sufficient application materials to ensure a smooth immigration process. It is also recommended that applicants seek the assistance and guidance of a professional immigration attorney during the application process to ensure that the application process goes smoothly and that they are ultimately successful in obtaining their immigration status.

U.S. Citizenship and Immigration Services (USCIS) has recently released a set of Frequently Asked Questions (FAQs) concerning H-1B Organizational Accounts for the upcoming FY25 process. Here, we present key highlights from USCIS for your reference:

General Information

Q: What are the benefits of online H-1B organizational accounts?

A: Online H-1B organizational accounts offer numerous advantages. Multiple individuals from any entity, whether a company or other group, along with their legal representatives, can collaborate on H-1B registrations, Form I-129 (Petition for Nonimmigrant Worker), and related Form I-907 (Request for Premium Processing Service). Additionally, these accounts provide case management features, including an improved design and a more efficient process.

Q: When will organizational accounts be available?

A: Online filing of Form I-129 and related Form I-907 for non-cap H-1B petitions will be available on February 28, 2024. On April 1, 2024, FY25 H-1B petitions and related Form I-907 will be accessible for those selected for registration.

Q: How can I prepare for organizational accounts?

A: Preparation involves determining the Administrator for the company or organization, who oversees the group for the company and its legal representatives. This individual should possess the authority to complete registrations and petitions, including signing, paying for, and submitting all related documents. It’s crucial to coordinate responses to USCIS Request for Evidence (RFE) and Notice of Intent to Deny (NOID) in advance.

Q: How do I create an organizational account if I already have an existing applicant account? Do I need a new email?

A: Existing H-1B registrant account holders do not need to create a new account. Organizational account features will be available in existing accounts upon activation. However, if the existing account is an applicant account, a new online account with new login credentials must be created to access the H-1B electronic registration process.

Q: What if the wrong account type is selected during account creation? Can it be corrected later?

A: Unfortunately, users cannot switch to a different account type after creation. It’s essential to select Organizational or Legal Representative as appropriate during account creation. If the wrong type is selected, a new USCIS online account must be created.

Q: How do I access technical support?

A: Technical support is available via email at H1Btechsupport@uscis.dhs.gov. Users must provide specific information about the issue faced for prompt assistance.

Q: What are the new roles and permissions for Organizational Accounts?

A: USCIS provides a detailed table outlining the roles and permissions for Organizational Accounts.

Q: Can electronic registrations be submitted as before?

A: Depending on the setup of the Company Group, registrations can be submitted similarly to the past process. The Administrator of the Company Group initiates the process by logging into the existing H-1B registrant account.

Q: Are there changes to the FY25 H-1B electronic registration form?

A: The form remains similar, with the requirement to include valid passport information or a valid travel document for each beneficiary.

Q: Can I submit online applications for H-4 dependents concurrently with the online Form I-129?

A: No, concurrent filing for H-4 dependents must be done via paper filing.

Q: Can I submit premium processing for Form I-129 online?

A: Yes, both Form I-907 and Form I-129 can be filed online.

Q: Can I still file via paper?

A: Yes, paper filing remains an option for Form I-129 and Form I-907.

Q: How do processing times compare between paper-filed and online-filed?

A: Processing times are the same, but online filing offers time-saving features and faster receipt notices.

Q: Can paper-filed Form I-129 or associated Form I-907 be linked to the USCIS account after submission?

A: No, paper-filed submissions cannot be linked to an online account.

Company FAQs

Q: If I’m asked to be the Administrator for my Company Account, what do I need to do?

A: The Administrator initiates the Company Group creation process within their existing H-1B registrant account.

Q: If I’m not asked to be an Administrator but have an existing account, what do I do?

A: Wait for an invitation to join the Company Group from the Administrator.

Q: How do I build the members of the Company Group?

A: The Administrator invites others to the group, designating them as Administrators or Members.

Q: How do we invite legal representatives to the Company Group?

A: Administrators can invite legal representatives via the ‘My Representatives’ tab on the home page.

Q: What can an Administrator do in the H-1B organizational accounts setting?

A: Administrators have various permissions related to H-1B registrations, responses to RFEs and NOIDs, and managing the Company Group members.

Q: Can I add a Legal Representative after the case is submitted?

A: Yes, a legal representative can be added after the case is submitted.

Q: What should be done if an Administrator leaves the role?

A: USCIS recommends having at least two Administrators. If one leaves, a new Administrator should be chosen before their departure.

Q: Can a large company create multiple Company Groups for each sub-entity?

A: Yes, with each sub-entity requiring a different EIN.

Q: Do Company Groups need to be EIN-specific?

A: No, they do not need to be EIN specific, but the Administrator must have authority over all included entities.

Q: Can the beneficiary be included in the Company Group?

A: While beneficiaries can be added, there is no specific beneficiary role within the Company Group.

Legal Representatives FAQs

Q: Can paralegals be on more than one legal team?

A: For now, each paralegal’s account can only be associated with one Legal Team.

Q: Can law firms use their existing case management software using the myUSCIS online platform?

A: No, the application programming interface is not yet available for this purpose.

Q: How should the Legal Team be set up for multiple attorneys submitting cases for the same employer?

A: Each Legal Team operates independently, and each attorney constitutes a separate Legal Team.

Q: Can the Legal Team prepare and submit H-1B petitions without an online account?

A: No, the Legal Team is required to use the online account.

Q: How does a company change their Legal Team after forms are submitted?

A: The Administrator must withdraw the G-28 from all cases associated with the previous Representative.

Q: Will the Representative have visibility to H-1B registrations started by the company?

A: No, representatives do not have visibility to registrations initiated by the Company Group.

Q: Will invited Legal Teams have access to electronic registration selection notices?

A: Only the legal team member that prepared and submitted the registration will see the selection notice.

As always, Wang Law LLC‘s attorneys are committed to guiding our clients through the complexities of immigration law. For assistance with the FY25 H-1B process or any immigration-related matter, please don’t hesitate to contact us. Our experienced attorneys are here to provide tailored advice and support throughout the process.

Canada, located on the vast lands of North America, shares a long border with the United States and is north of the Arctic Ocean. As the second largest country in the world by land area and an industrial powerhouse, the capital Ottawa along with Toronto and Vancouver are economic hubs. Canada has a mature economy with abundant resources – energy, manufacturing and services sectors are well developed. Also, as an active participant in various international organizations and trade agreements, Canada holds a significant position on the global economic stage.

Benefits of Registering a Company in Canada

1. Stable Environment: Canada is well reputed for its stable political and economic landscape. Its robust legal system and transparent governmental decision making processes provide entrepreneurs with a solid foundation to operate their businesses.
2. Talent Pool: Canada’s emphasis on education has nurtured a large pool of highly skilled professionals. This rich human resource supplies enterprises with technically proficient and innovative employees, injecting vitality into business growth.
3. Tax Incentives: Canada’s tax policies are relatively lenient towards businesses, especially the relatively low corporate income tax rates and additional tax reductions offered to certain industries and regions, which greatly motivate investment interests.
4. Business Opportunities: As a global center of commerce and finance, Canada’s major cities provide enterprises with high-quality platforms to seamlessly integrate with the world. Moreover, the free trade agreements Canada has signed with many countries open wider access to markets, facilitating enterprises to achieve global expansion.
5. Cultural Diversity: While upholding societal harmony, Canada’s multiculturalism also brings enterprises diverse perspectives and innovation impetus.

Types of Companies in Canada

In Canada, business companies are mainly categorized into provincial and federal companies. Interestingly, most enterprises prefer to register as a provincial company.

Director Requirements

Documents Required for Company Registration in Canada

1. Company Name: An available English name is required when registering a company in Canada. Note that certain words like “Royal” and “Bank” cannot be included in the name, and it must end with “INC.” or “LTD” to ensure legitimacy and formality.
2. Director/Shareholder Information: Identification documents such as ID card and passport scans are required. For corporations, company license scans and English names are also required.
3. Nature of Business: Determine the company’s scope of business.
4. Authorized Capital: The standard is $10,000, no actual payment is needed.

Methods and Procedures for Company Registration in Canada

When deciding to register a company in Canada, you do not need to personally travel to Canada. The entire registration process only requires you to prepare necessary documents for signing, and our agency will assist you to complete the procedures and ensure all formalities are in order and compliant.

Company Registration Procedures in Canada

1. Documentation Preparation: First, you need to prepare all relevant documents as required by the federal or provincial government registration authorities in Canada.
2. Application Submission: Submit the prepared documents to the registration department of the federal government or specific province in Canada.
3. Government Review: The government will review and process your application. The specific review duration depends on the company type chosen and the jurisdictional region of registration.
4. Certificate of Incorporation Issuance: Once your application is approved, you will receive a registration certificate signifying your company is successfully registered in Canada.

Time Frame

From application submission to receipt of the registration certificate, the entire registration process is estimated to take 1-2 months. Once all procedures are completed, our agency will promptly mail you all necessary registration documents, ensuring you gain firsthand knowledge of the latest updates regarding your company’s registration status in Canada.

Company Registration Completion Documents

Upon completion of registration, you will receive the following documents and items:

Subsequent Maintenance for Registered Companies in Canada

Annual Filings for Companies in Canada

1. Contents of Annual Filings:

• Pay annual registration renewal fees to maintain legitimacy of operations.
• Confirm and update company registration information to ensure accuracy and currency.
• Renew company address and corporate secretary services to facilitate normal business activities.
• File accounting and taxation records in compliance with Canada’s tax laws and regulations.

1. Documents Required:

• Copy of the Certificate of Incorporation as proof of legal existence.
• Articles of Incorporation outlining internal governance and operational norms.
• Copies of incorporation documents, including all relevant documents when the company was incorporated.
• If changes made – copies of shareholder change, capital increase documents, or company name change documents.
• Identification documents (ID card/passport copies) of directors and shareholders to confirm identities.

1. Time Frame:

• Annual filings and fee payments must be submitted to the government yearly on the company’s anniversary date after incorporation to maintain good standing status.

Tax Filing for Companies in Canada

1. Types of Taxes:

• Income Tax: Divided into federal and provincial, levied by the federal and provincial governments.

2. Tax Filing Requirements:

• If the company is registered in Canada but does not operate locally or trade with Canada, no bookkeeping or tax filing is required, but nil reporting is still necessary.
• If the company has operations and incurs expenses in Canada, tax filing is required with bookkeeping done by a Canadian accountant. Tax rates depend on business revenues, usually 8-10% of profits.

3. Tax Filing Due Dates:

• Company income tax returns are due within 6 months after the fiscal year end.
• Tax payment deadlines are within 2 months of fiscal year end. For some private Canadian controlled companies, the deadline can be extended to 3 months.

4. Tax Filing Compliance and Penalties:

• Tax filing is an important process in Canada’s tax administration. Taxpayers must comply with filing requirements for each tax type.
• Non-compliant taxpayers are subject to penalties – 5% of taxes owed plus 1% interest each month, up to 12 months maximum. For repeat violations, penalties rise to 10% of taxes owed plus 2% interest each month, up to 20 months maximum.

This concludes the key content covered in this article. Please stay tuned for more updates, and do not hesitate to contact us if you have related business needs!

Introduction:
As legal practitioners, it’s imperative to comprehend the intricate web of laws governing our province. However, for the general populace, the labyrinth of statutes and regulations can be daunting, often leading to inadvertent violations. At Wang LAW LLC, we aim to shed light on some lesser-known laws in Ontario that individuals may unknowingly transgress, potentially leading to significant legal consequences.

In our day-to-day activities, we may find ourselves unwittingly on the wrong side of the law, facing penalties ranging from fines to imprisonment. Here are nine laws in Ontario that individuals may inadvertently breach.

Unnecessary Slow Driving:

Under the Ontario Highway Traffic Act, which prohibites operating a motor vehicle at a speed that impedes or obstructs the normal flow of traffic. While safety concerns might necessitate cautious driving, exceeding prescribed limits could result in fines ranging from $150 to $1,000.

Passing Snowplows:

It’s unlawful to pass snowplows on designated highways in Ontario. Violating this statute, particularly on highways with posted speed limits of 80 kilometers per hour or higher, can incur fines ranging from $150 to $1,000.

Ownership of Certain Dog Breeds:

The Dog Owners’ Liability Act delineates strict regulations regarding the ownership and breeding of specific dog breeds in Ontario. Contravening these provisions may lead to fines up to $10,000 or imprisonment for a duration of up to six months.

Crowding the Driver’s Seat:

The Highway Traffic Act prohibits drivers from crowding the driver’s seat with occupants or objects that may impede proper vehicle control. Breaching this provision could result in fines ranging from $150 to $1,000.

Smoking Restrictions:

While smoking is legal, the Smoke-Free Ontario Act imposes restrictions on smoking in certain public spaces. Non-compliance may lead to fines.

Cycling on Pedestrian Crossings:

Riding bicycles on pedestrian crossings is prohibited under the Ontario Highway Traffic Act. Individuals caught violating this provision may face fines.

Leaving the Roadway:

Passing or overtaking another vehicle by leaving the roadway is prohibited under the Highway Traffic Act. Offenders may incur fines upon conviction.

Specific Lane Usage:

Slower vehicles are mandated to travel in the right lane according to the Highway Traffic Act. Failure to adhere to this regulation may result in fines ranging from $150 to $1,000.

Driving Across Pedestrian Crosswalks:

Motorists must refrain from driving across pedestrian crosswalks until pedestrians have fully crossed the road. Violation of this law could result in fines.

Conclusion:
Navigating Ontario’s legal framework demands vigilance and understanding of the laws that govern our daily lives. At WANG LAW LLC, we are committed to guiding our clients through the complexities of the legal system, ensuring compliance and safeguarding against unintended legal entanglements. For comprehensive legal counsel and assistance, trust OUR Law Firm to navigate the intricacies of Ontario’s legal landscape with expertise and diligence.

IRCC Update:

1. Study Abroad Letter of Attestation, PGWP+SOWP Policies Fully Explanation
   On Monday, February 5, 2024, Immigration, Refugees and Citizenship Canada (IRCC) made an important update to its previous study abroad policy. The update not only elaborated on the details related to the new policy, but also clarified which groups of people are exempted from the requirement of providing a letter of support. At the same time, it was officially announced that the Post-Graduation Work Permit (PGWP, or Post-Graduation Work Permit) for short-term graduate students will officially launch on February 15th. Here are the specific details:

Supporting Letter PAL: Who needs to submit it?

Most students applying for postsecondary education
Most students in non-degree graduate programs, such as certificate programs and graduate diploma programs, Any other applicant not included in the list of exceptions below
For applications submitted after 8:30 a.m. ET on January 22nd, if a PAL is required but not provided, the application will be returned.

The Commonwealth and Quebec are currently exploring ways to upgrade the existing CAQ to a PAL. This move is intended to streamline the process and save time and resources by avoiding applicants having to duplicate applications between the two systems. Merging the CAQ and PAL would be a solution that is both efficient and logical.

Certification Letter PAL: Who doesn’t need to submit it?

This information release adds visiting exchange students and family members of renewal or work visa holders in Canada, further expanding the scope of exemptions for letters of attestation.

• -Elementary or secondary school students
• -Master’s or doctoral students
• -Visiting or exchange students (new group)
• -Renewal and work visa holders in Canada (including student visa extensions)
• -Family members in Canada of visa renewal or work visa holders (new members)
• -Applicants who submitted or have had their visa application approved by January 22nd

PGWP Graduate Work Visa

The PGWP for Master’s degree graduates is effective from February 15, 2024 onwards. Those who have graduated from a master’s degree program with a duration of no more than 2 years and meet all other PGWP eligibility criteria will be able to obtain a longer 3-year post-graduation work permit.

For students graduating from public-private partnership university programs who are still currently enrolled and meet the other eligibility criteria, they will still be eligible for the PGWP. however, new students enrolled in such programs will no longer be eligible for the PGWP.

For students in other programs, the length of the graduation work visa will still be determined by the length of the program.

SOWP Spouse Work Visa

The eligibility of spouses and common-law partners of international students for Open Work Permits (SOWP) will be updated in the coming weeks.

Eligibility is limited to spouses and cohabiting partners of students in graduate (master’s and doctoral) and professional degree-granting programs. Spouses and cohabiting partners of international students extending existing work permits will continue to be eligible for this category once these changes come into effect.

Who is not eligible for an open work permit?

Spouses and cohabiting partners of international students at other levels (including undergraduate and university programs) will no longer be eligible for an Open Work Permit for Spouses, unless they already hold this work permit.