The H-1B visa is a United States work permit that allows foreign-born foreign nationals with specialized knowledge or “merit” fashion models to work in the United States. There are aspects of the H-1B visa program that can cause complications for workers, such as the time limit. Some H-1B visas are valid for up to three years with the option of a further three-year extension. Once the extension is completed, visa holders must leave the United States for a full year without re-entry, making it difficult for visa holders to settle down or start a family. There is also a low cap on the number of visas the United States issues each year, at 65,000, and an additional 20,000 visas for applicants with higher education, such as a master’s degree. While this may seem like a significant number of visas, it is quite small compared to the overall size of the United States workforce. Schedule a free work permit consultation with Cohen Immigration Law Firm Considering these difficulties, many skilled workers who wish to obtain permanent residence turn their attention to Canada. There are many temporary work permit options available for those with specialized knowledge, and many of these can be used as leverage to gain permanent residency. Overall, it may be more convenient to choose Canada as a place of work. Here are some options to consider:
Temporary residence
Global talent flow The Global Talent Stream is designed for foreign nationals working in the technology and IT fields or what an H-1B would define as a “specialty occupation.” It is considered part of the Temporary Foreign Worker Program (TFWP) and prior to hiring, employers must first receive a neutral or positive Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) to be eligible. ESDC assesses whether hiring workers from outside Canada will have a positive, neutral or negative impact on the Canadian labor market The stream was created to facilitate the growth of Canada’s technology industry and aims to achieve a two-week processing standard once the final application is submitted by the potential employee. Intra-company transfers Foreign nationals on H-1B visas are often employees of multinational companies, meaning they could have branches in both the US and Canada. Intra-company transfers (ICTs) occur when employees of multinational companies move to the company’s branch in Canada. The assignee is often someone in a management position or has other specialized knowledge. In addition, employees of US companies wishing to establish a presence in Canada can apply for an in-company start-up permit. This type of permit allows employees to start operating a Canadian branch of a multinational company. CUSMA Mexicans who have already received an H-1B visa may be eligible to work in Canada through the Canada-US-Mexico Agreement (CUSMA). Applicants must be qualified to work in their profession and able to work in Canada only in the role for which they were hired.
Using your experience for permanent residence
Express Entry Work experience gained through any of these work permits can be used to apply for permanent residence through Express Entry. Express Entry is an application management system used by Immigration Refugees and Citizenship Canada (IRCC) to administer the Federal Skilled Worker Program, the Federal Skilled Trades Program and the Canadian Experience Class. Once a candidate has self-assessed their eligibility for the Express Entry program, they can create a profile on the IRCC website. IRCC will then provide a Comprehensive Ranking System (CRS) score based on work experience, education, language skills and other human capital factors. The higher an applicant’s score, the more likely they are to receive an Invitation to Apply (ITA) for permanent residence. Once an applicant receives an ITA, they have 60 days to send their final application. IRCC has a six-month processing standard for all new applications. Provincial Nominee Programs It is also possible to become a permanent resident through the many streams in the Provincial Nominee Program (PNP). All Canadian provinces, except Quebec and Nunavut, have PNPs that work with IRCC. Under these programs, provincial governments select candidates they believe will be a good fit for the province. Several Canadian provinces have immigration streams that are tailored to attract talent for in-demand occupations such as technology and health care. Find out if you qualify for Canadian Immigration © CIC News All rights reserved. Visit CanadaVisa.com to discover your Canadian immigration options.
