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ABIL Global Update • August 2026

August 01, 2026/in Global Immigration Update /by ABIL

Headlines:

1. IMMIGRATION OPPORTUNITIES FOR VENEZUELANS: AN OVERVIEW – This article provides an update on immigration opportunities for Venezuelans in several countries.

2. CANADA – Significant changes have been made to the Ontario Immigrant Nominee Program. In other news, there is new guidance on C10 significant benefit work permits for physiotherapists and surgeons; temporary measures have been announced for Provincial Nominee Program work permits; and there has been confusion about the validity of citizenship certificates issued to “lost Canadians.

3. UNITED KINGDOM – The Home Office has issued another update to its new sponsor guidance on right-to-work checks. An expansion of those checks is also on the way.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – August 2026


1. IMMIGRATION OPPORTUNITIES FOR VENEZUELANS: AN OVERVIEW

This article provides an update on immigration opportunities for Venezuelans in several countries.

Italy

Venezuelan nationals, if meeting the requirements, can apply for any Italian visa available to foreign citizens. Below is a non‑exhaustive list of immigration paths to Italy:

  • Elective Residence Visa: For individuals with substantial passive income who wish to reside in Italy without working.
  • Investor Visa: For applicants making a qualifying investment in Italy.
  • Digital Nomad/Remote Worker Visa: For highly skilled workers performing their activities remotely.
  • Self-Employment Visa: For freelance activities, founders, Italian company officers, and renowned artists (quota-based).
  • Employment Visa: For workers hired by an Italian employer (quota-based).
  • Startup Visa: For establishing or joining an innovative startup in Italy (falls under the self-employment category).
  • Intra-Company Transfer Visa: For temporary transfers of qualified staff within the same corporate group.
  • EU Blue Card: For highly qualified workers hired by an Italian employer.

Other options:

  • Family Visa
  • Study Visa

Venezuelan citizens already in Italy who cannot return safely to their home country or renew their permit given the current situation, and if they face risks of persecution and harm if returning to their country, may apply for asylum or international protection in Italy.

Additionally, following the Ministry of Foreign Affairs decree of 17 November 2025, Venezuelan nationals who are descendants of Italian citizens and reside abroad may qualify for subordinate employment outside the quota system (Art. 27, paragraph 1‑octies, Legislative Decree 286/1998). Eligible nationalities include Argentina, Brazil, United States, Australia, Canada, Venezuela, and Uruguay.

Operational instructions, including application forms, are expected to be posted on the online portal. Documentation will be needed to prove Italian descent. In any case, the procedure remains subject to the availability of a job offer from an Italian employer (or a foreign employer legally residing in Italy) and follows the general work‑permit process: nulla osta application, labor market test, accommodation documentation, job offer details, and the employer’s attestation.

Mexico

Venezuelan nationals have several immigration options in Mexico depending on their specific circumstances and objectives. These options may include employment; temporary residence based on financial solvency, family unity, humanitarian protection, or asylum; investment and entrepreneurship; or study.

Mexico does not currently offer a special immigration program or blanket exemption for Venezuelan nationals. Venezuelan citizens are subject to the general immigration framework and visa requirements applicable to their individual circumstances. Humanitarian or protection-based options may be available depending on the facts of each case.

Potential immigration pathways may include:

  • Employment: A Mexican company may sponsor a Venezuelan national for the appropriate work authorization.
  • Temporary residence: Individuals may qualify based on financial solvency, including income, savings, or investments.
  • Family unity: Residence may be available based on qualifying family relationships with Mexican citizens or foreign residents.
  • Humanitarian protection or asylum: Individuals facing serious risks or persecution may explore humanitarian or refugee protection options.
  • Investment and entrepreneurship: Business owners and investors may explore immigration strategies connected to their activities in Mexico.
  • Study: Venezuelan nationals may obtain the appropriate immigration status to pursue studies in Mexico.

The appropriate pathway should be assessed on a case-by-case basis, considering the purpose of travel, family situation, financial resources, employment prospects, and any humanitarian concerns.

Türkiye

The Turkish immigration system does not ban any nationality from entry or acquiring status and does not have quotas or limitations on any particular nationality. Therefore, Venezuelan nationals, even those traveling on a Venezuelan passport only, do not encounter limitations or restrictions based on their nationality.

Additionally, Venezuelans benefit from visa-free travel into Türkiye. According to the Ministry of Foreign Affairs website, “ordinary [Venezuelan] passport holders are exempted from visa for their travels up to 90 days in each six-month period” for touristic and business purposes. Venezuelans wishing to obtain a work permit or other resident status can apply without any special restrictions or limitations. Applicants face the same background check procedures as others.

Although Turkish Airlines has long engaged in direct flights to and from Venezuela, during the current upheavals, those flights may not always be operational.

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2. CANADA

Significant changes have been made to the Ontario Immigrant Nominee Program. In other news, there is new guidance on C10 significant benefit work permits for physiotherapists and surgeons; temporary measures have been announced for Provincial Nominee Program work permits; and there has been confusion about the validity of citizenship certificates issued to “lost Canadians.”

Effective June 26, 2026, the Ministry of Labour, Immigration, Training and Skills Development implemented significant changes to the Ontario Immigrant Nominee Program (OINP), closing all eight existing streams and introducing a new single stream: the Ontario Workforce Priority Stream.

Here’s what we know so far:

Ontario Immigrant Nominee Program Redesign—Phase 1

The new Ontario Workforce Priority Stream is now in effect with updated language, education, and work experience criteria across all job categories. In addition to streamlining the categories into a single stream, the government has made several changes to the minimum requirements and criteria under the new framework.

All Expressions of Interest (EOIs) submitted under the previous program that have not received an invitation will be automatically withdrawn. At this time, no details have been released regarding the new points grid or selection criteria.

A new EOI system is expected to open later this summer. Once the system reopens:

  • Employers will be required to submit new job offers; and
  • Applicants will need to submit new EOIs under the updated framework.

This new stream is the first phase of a two-phase program restructuring that aims to:

  • Streamline pathways to permanent residence for individuals with arranged employment in Ontario;
  • Help employers retain talent in unique, hard-to-fill roles;
  • Introduce new program requirements with heightened language and education requirements intended to enhance the caliber of nominees supported by the province and in turn strengthen program integrity; and
  • Improve access for employers in rural and northern communities by creating more flexible business revenue thresholds.

The Ontario Workforce Priority Stream will have pathways for individuals with job offers in all National Occupational Classification Training, Education, Experience, and Responsibilities (TEERS) categories, and for self-employed physicians.

In addition, amendments to Ontario Regulation 422/17 under the Ontario Immigration Act, 2015 introduced changes to how notices of contravention are issued. These updates form part of the Ministry’s broader efforts to strengthen program integrity through enhanced compliance, inspections, and enforcement.

Candidates Who Have Already Registered an EOI or Submitted an Application

New EOIs can no longer be submitted, and no further invitations will be issued, under the former program streams. Any EOI or job offer that has been registered under the former streams that has not resulted in an invitation to apply will be automatically withdrawn over the coming weeks. Those affected will receive a notice directly.

Those eligible may register a new EOI under the new stream once the EOI system reopens. Previously registered employers will not need to re-register in the portal when the system reopens, but they will need to submit a new job offer and a new application for approval of an employment position to initiate a new EOI for the applicant under the new program stream.

Applications that have been submitted following an invitation under a former stream will be assessed using the eligibility requirements that were in effect when the application was submitted.

Program Integrity Changes

The OINP has reduced the response time from 60 days to 30 days for individuals who have been issued a Notice of Intent to Issue an Administrative Monetary Penalty (AMP) or Ban order. Regulatory amendments also allow notices of contravention to be delivered by email, mail, or in person, and to deem them delivered rather than requiring proof of receipt.

These changes align the response time and approach for AMP and Ban notices with those of other OINP processes, such as Notices of Intent to Refuse and Notices of Intent to Cancel a Nomination and enable faster compliance actions.

Key Takeaways

  • All previous OINP streams have been closed and replaced with a single stream (Ontario Workforce Priority Stream).
  • The new system is not yet open. No new EOIs can currently be submitted.
  • All existing EOIs under the previous system will be withdrawn.
  • Employers and applicants must reapply under the new framework.
  • Applications already submitted following an invitation under a former stream will continue to be assessed based on the eligibility criteria in effect at the time of submission.

Guidance on Significant Benefit Work Permits for Physiotherapists and Surgeons

Officers who process C10 significant benefit work permits have a great deal of discretion when deciding whether to issue a work permit. They must be convinced that there is an urgent need for the work in Canada and that the person’s work will bring significant economic, social, and/or cultural benefits to Canada and to Canadians.

Immigration, Refugees, and Citizenship Canada (IRCC) has released a new Operational Bulletin regarding the processing of C10 significant benefit work permit applications for physiotherapists. While the National Occupational Classification (NOC) code for physiotherapists, NOC 31202, indicates that physiotherapists are generally required to hold a master’s degree and to have completed a period of supervised practical training to be eligible to work in Canada, IRCC indicates that officers should not consider these to be strict requirements. Since the Canadian provinces have identified a shortage of physiotherapists, IRCC now states that an officer should evaluate whether an applicant can perform the work of a physiotherapist in Canada according to the Canadian Alliance of Physiotherapy Regulations (CAPR) framework, specifically that the applicant:

  • Completed physiotherapy education in a CAPR-approved jurisdiction;
  • Is eligible for assessment under CAPR’s Pre Approved Credentialling Pathway; and
  • Otherwise meets all applicable requirements, including that the employment will result in significant social or economic benefit to Canada.

Similarly, the NOC code for specialists in surgery, NOC 31101, generally expects people in this occupation to hold a certification from the Royal College of Physicians and Surgeons of Canada (RCPSC). However, given the shortage of surgeons in Canada and the lengthy certification process, several provinces have implemented alternative licensure pathways that allow specialists who have completed medical education and training in approved jurisdictions to obtain licensure without RCPSC certification. Their credentials must be assessed as substantially equivalent to Canadian standards by a provincial College of Physicians and Surgeons. In light of the direction of the provinces, IRCC has released a new Operational Bulletin indicating that an officer assessing a C10 work permit application by a specialist in surgery should be satisfied that the applicant:

  • Has completed medical education and specialty training in a jurisdiction recognized by the relevant provincial College of Physicians and Surgeons;
  • Is eligible for licensure through an alternative provincial pathway that does not require RCPSC certification;
  • Has provided sufficient documentation to demonstrate that their education and training have been assessed by the province as substantially equivalent to Canadian standards; and
  • Otherwise meets all applicable requirements, including that the employment will result in significant social or economic benefit to Canada.

Temporary Measures re Provincial Nominee Work Permits

Applicants who have applied in Canada for permanent residence (PR) under the Provincial Nominee Program (PNP) are often not issued an Acknowledgment of Receipt (AOR) letter until a few months after they submit their applications due to IRCC staffing cuts, leading to current completeness checks taking a significant amount of time.

Usually, bridging open work permit applications require an AOR to be submitted. For T13 provincial nominee work permit applications, the province or territory’s nomination certificate and work permit support letter, which is usually required for the application, may expire before the AOR is issued. To mitigate the impact of the AOR letter delays, IRCC has released a new operational bulletin allowing officers to temporarily accept evidence of PNP PR application submission other than an AOR, including:

  • A copy of the email confirming submission of the PR application through the online portal, together with proof of payment of applicable PR fees; or
  • Confirmation in IRCC systems that an application for PR has been received and remains pending, including prospective applications visible in the Global Case Management System.

Confusion Regarding Citizenship Certificates of “Lost Canadians”

Earlier in June, IRCC issued letters asking for the return of citizenship certificates of people who had already been granted citizenship certificates due to the change in Canadian citizenship laws allowing a descendant of a Canadian born outside of Canada to hold citizenship. The reason often cited was that documentation was not submitted with the proof of citizenship application. It was noted that opportunities would be granted for applicants to provide additional evidence as proof of their right to Canadian citizenship.

However, a week later, the government issued letters to some who received the initial cancellation letter that their citizenship was valid once again. This confusion has led to anxiety for those who believed they were Canadian citizens with the rights granted to all citizens.

So far, the Minister of IRCC’s office has said approximately 4,100 people have been granted citizenship under the amendment to Canada’s citizenship laws.

Some Indonesian and Malaysian Nationals Eligible for an eTA

Similar to other countries such as Mexico and Brazil, Canada is now allowing Indonesian and Malaysian citizens who have held a Canadian temporary resident visa (TRV) in the past 10 years or who currently hold a valid U.S. nonimmigrant visa to apply for electronic travel authorization (eTA) instead of having to apply for a new TRV.

An eTA application is a less arduous process than a TRV application, and a decision is typically rendered in a few minutes. The fee for an eTA is $7, while the fee for a TRV is $100. eTAs can be applied for at https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/eta/final-instructions-apply-eta.html.

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3. UNITED KINGDOM

The Home Office has issued another update to its new sponsor guidance on right-to-work checks. An expansion of those checks is also on the way.

New Guidance on Right-to-Work Checks

A recent previous Home Office guidance update said that sponsors needed to perform additional right-to-work checks on “any worker” they “directly engage.” There was a lack of clarity on what this meant and who sponsors needed to check. In April 2026, the Home Office issued new guidance, and another update published in May 2026 (version 05/26) includes several clarifications:

  • Clarification that sponsors must undertake right-to-work checks on any worker they sponsor or otherwise employ;
  • Deletion of a bullet point relating to Swiss Service Providers, as this route closed at the end of 2025;
  • Updates reflecting that most workers granted permission from May 20, 2026, will now receive an eVisa only, plus other minor drafting amendments; and
  • Other minor housekeeping changes.

The update is good news and will be a relief for many sponsors. However, as noted previously, new legislation is on the way that will expand right-to-work checks to non-employees. This will apply to all employers and sponsors. The new legislation is in section 48 of the Border Security, Asylum and Immigration Act. Section 48 could be in force as soon as October 1, 2026.

Given that section 48 will mean employers need to check the right to work of those under a worker’s contract (people who have the status of a worker in employment law), individual subcontractors, and those providing a service under any online matching service, employers should start to prepare for that now. Preparations could involve auditing the workforce and labor supply chains, reviewing contracts and onboarding processes, and training human resources staff.

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New Publications and Items of Interest

Alliance of Business Immigration Lawyers:

  • ABIL is available on X (formerly Twitter): @ABILImmigration
  • Recent ABIL member blogs are at http://www.abilblog.com/

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ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, has published several new podcast episodes in its Statutes of Liberty series: Episode 39: Becoming a U.S. Citizen (Part 1): The Basics of Naturalization and Episode 38: AOS or Consular Processing? What USCIS’s Policy Shift Means for You. Klasko also published E-Verify Enforcement: Preparing for Desk Audits, the final episode in Klasko’s Worksite Compliance series.

Klasko Immigration Law Partners, LLP, has published several new client alerts: Domestic Travel Advisory: Increased Risk of Airport Detentions; USMCA Review Process Begins; No Immediate Changes to TN Visa, The Post-Mullin v. Doe TPS Landscape, Supreme Court Upholds Birthright Citizenship, Supreme Court Rules TPS Terminations Are Final: What Employers Need to Do Before July 1, and SCOTUS Increases Re-Entry Risks for Green Card Holders with Criminal History.

Charles Kuck, of Kuck Baxter, and Stephen Yale-Loehr, of Miller Mayer, LLP, were quoted by Newsweek in How Trump Admin Has Changed Green Card Enforcement for US Citizens’ Spouses. Mr. Kuck said that “we have not seen a dramatically different approach to spouse-based permanent resident applications” under the Trump administration. “USCIS has historically been a ‘profiling’-based adjudicator. If the couple ‘looks’ like they can be together, USCIS has generally more easily approved them, while other couples who are “racially or societally different have always faced stricter scrutiny.” Mr. Yale-Loehr noted that for many spouses of U.S. citizens, the process to obtain a marriage-based green card is “technically” the same as it always was, but families where the spouse is not in the United States are being separated for a longer period of time while the petition is reviewed under the Trump administration’s heightened scrutiny.

Mr. Kuck was quoted by the New York Times in ICE Arrests Surge at Airports, Opening New Front in Deportation Drive. He said, “In 38 years practicing immigration law, I had never seen this. And I know it’s happening to lots of people.”

Mr. Kuck was quoted by Newsweek in $100,000 Green Card Applicant Bond Could Spark Lawsuits. He said, “There’s daylight between ‘bond tied to an individualized public-charge determination’ and ‘bond imposed categorically based on nationality or country-of-origin risk factors.’ ”

Mr. Kuck was quoted by the Atlanta Journal-Constitution in Georgia Stakeholders Cheer Supreme Court Upholding Birthright Citizenship. He said that if the Supreme Court had not upheld birthright citizenship, the consequences would have stretched far beyond the rural parts of the state: “There are vast swaths of cityfied Georgia where this is just as big an issue as it is down in the Vidalia onion fields. Just walk into any restaurant kitchen in metro Atlanta and you will see what I’m telling you is true.”

Mr. Kuck was interviewed on LiveNOW about the Supreme Court’s birthright citizenship ruling.

Cyrus Mehta, William Stock, and Mr. Yale-Loehr were quoted by Bloomberg Law in High Court Rulings Back Broad Executive Authority on Immigration. Mr. Mehta said that with the court largely backing the government’s reading of its statutory authority, invoking constitutional arguments would be a “sound litigation strategy” for grounds challenging Trump immigration policies. “Most courts didn’t feel the need to get into constitutional issues at all before. The statute was clear.” Mr. Stock said the justices largely showed that they are “not in the business of second-guessing the administration’s choices.” Mr. Yale-Loehr said that the Supreme Court’s ruling upholding birthright citizenship was the “exception to the general rule of giving the executive branch more power over immigration.”

Mr. Mehta was quoted by Forbes in Trump Immigration Policies Make It Harder To Get And Keep Citizenship. He said, “If you get convicted of a crime after you have naturalized, and the facts supporting the indictment or charges go back before you naturalized, that would be grounds to denaturalize the person for either failure to maintain good moral character within the relevant five-year period or for not truthfully answering the question on the N-400 on whether you committed a crime for which you were not charged or arrested.” Mr. Mehta also noted that “I still have not seen the Trump administration try to denaturalize citizens for what they may perceive as irregularities in the labor certification process such as not conducting a good faith test of the labor market or where the business necessity justification may not have been present. This is because the government has a heavy burden. In Maslenjak v. United States, the U.S. Supreme Court ruled unanimously that the federal government cannot strip a naturalized citizen of their U.S. citizenship for making a false statement unless the lie directly influenced the procurement of that citizenship.”

Mr. Mehta was quoted by the Times of India in Trump Administration Limits Visa Tenure of Students to a Fixed Period of Four Years and Limits Academic Flexibility. He warned that the elimination of Duration of Status (D/S) would have severe consequences. “Students could unknowingly accumulate unlawful presence due to technical status violations, potentially leading to re-entry bans.” Mr. Mehta noted that the “reduction of grace periods from 60 to 30 days would further impact students’ flexibility, hindering their ability to transition to other visa statuses, such as employment-based visas.”

Mr. Mehta and Kaitlyn Box co-authored several new blog posts: : ICE Targets Noncitizens at Domestic Airports Even When They Are Authorized to Remain, Beyond Loper Bright: Rodriguez v. Ortega and the Fifth Amendment Limit on Mandatory Immigration Detention, Trump v. Barbara: How the Supreme Court Dodged a Bullet on Birthright Citizenship, and Blanche v. Lau: The Supreme Court Has Degraded the Rights of Lawful Permanent Residents.

Mr. Mehta and Damira Zhanatova co-authored several new blog posts: H-1B for Entrepreneurs: Can You Transfer Your H-1B to Your Own Startup?, DHS Ends Duration of Status for F, J, and I Nonimmigrants: What the Final Rule Means, and Mullin v. Doe: Blessing a Race-Neutral Cover for Racial Animus.

Mr. Yale-Loehr co-authored What Does the New Duration of Status Rule Mean for International Students and Workers?

Mr. Yale-Loehr was quoted by the Los Angeles Times in Even Without Birthright Citizenship, Supreme Court Co-Signs Much of Trump’s Immigration Agenda. He said, “Despite this seemingly historic loss, the Trump administration is winning its war on immigrants.”

Mr. Yale-Loehr was quoted in several articles about the Supreme Court’s birthright citizenship ruling and other recent developments:

  • What to Know About the Supreme Court’s Birthright Citizenship Order (New York Times): “Despite this seemingly historic loss, the Trump administration is winning its war on immigrants. As a result, the United States has net-negative migration for the first time in 50 years, fewer international tourists are visiting, and U.S. companies cannot hire the workers they need.”
  • ‘I am relieved’: NY, NJ React to Supreme Court Ruling Backing Birthright Citizenship (Gothamist): “The Trump administration’s cruelty toward immigrants will continue unabated. This ruling is the exception, not the rule.”
  • Trump’s Immigration Wins Will Affect Millions Despite Birthright Loss (USA Today): Haitians and Syrians losing Temporary Protected Status are “now are at risk of deportation. That’s going to significantly enhance the Trump administration’s efforts to increase deportations and it’s going to significantly hurt companies that have relied on these individuals who had been working legally with work permits.” He also said, “The lower courts have been much more vigorous in rejecting some of Trump’s immigration policies. But when those cases have percolated up to the Supreme Court, the Supreme Court has often overturned those lower court decisions and allowed the policies to go ahead in restricting immigration.”

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