 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 mean 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. Or you may decide to stay in
Canada. How can this be done? Canada has a healthy job market,
and many foreign workers are able to get
work permits with employer
sponsorship through a Labor Market Opinion (LMO). Unlike the U.S.,
if one spouse qualifies for a temporary work visa in a skilled
category, the husband or wife can work as well. Another
possibility is for one spouse to attend a university in Canada,
which allows the other spouse to obtain an open work permit. If
your U.S. employer has an affiliate in Canada, you may be able to
transfer to Canada as an intra-company transferee. You may also
decide to apply for permanent residency in Canada. The best route
for this is to obtain a job offer as a temporary worker. Once you
have an approved job offer, you can apply as a
skilled worker in any skilled
occupation if you have the necessary points. Alternatively, once
you have worked in Canada for two years, you can apply through the
Canadian Experience Class.
Finally, all of Canada's provinces now offer
provincial nominee programs that
often provide a quick route to permanent residence. 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. Unfortunately,
it is now very difficult to immigrate to Canada as a federal
skilled worker unless you have a job or approved job offer
in Canada. The only exception is if you have work experience in a
limited
list of occupations. This list does not include any IT
occupations. Unlike most other lawyers, 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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