Running Out of Time in The U.S.?

If you are on an H-1B visa in the United States, you may have to leave after a total of six years (or five years in L-1B status). New H-1B laws provide opportunities for Green Card applicants to stay in the U.S. under some circumstances beyond the six year limit. But not everyone will qualify under these provisions. Thousands of IT workers have been laid off recently, and for many that is the end of the Green Card process. Even if you can stay in the U.S., the retrogression in priority dates for all the employment categories means that many will be waiting years and years for their Green Cards to be approved.

Canada may provide the answer on both a short term and long term basis. If you leave the United States and work in Canada for one year, you are eligible for an additional six years in H status. If your employer has an office in Canada, you may be eligible to transfer to Canada as an intra-company transferee. If you are a software developer, you can probably qualify under Canada's Facilitated Processing for IT Workers project. These visas can be obtained quickly if necessary. If one spouse qualifies for a temporary work visa in a skilled category, the husband or wife can work as well. This is not usually true in the U.S.

You may also wish to apply for permanent residence in Canada. Due to the new "minister's instructions," the skilled worker category has now been limited to list of 38 occupations. However, even if your job is not on the list, you may still qualify if you have arranged employment in Canada, or if you have worked in Canada for one year on a work permit. Every province in Canada now has its own provincial nominee program as well.

There are opportunities for work throughout Canada. Canada has excellent social services and schools. Health care is free for all Canadian residents. Canada has a highly diverse and tolerant society, with large immigrant communities in all the major cities. Unlike the U.S., Canada also permits same sex and common law partners to immigrate along with the principal applicant.

We can advise you as to both U.S. and Canadian immigration law. Contact us now to work out a plan for you.

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