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. 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. Best of all, 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 decide to apply for permanent residency in Canada. Although Canadian immigration has undergone many changes recently, many professionals will still qualify. This is especially true now that the "pass mark" for immigration under the Canadian point system has been lowered from 75 to 67. Most workers with a bachelor's degree and four years of experience in a skilled occupation will qualify for immigration to Canada, without the need for an employer sponsor. Workers with advanced degrees may qualify with as little as one year of experience.

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.

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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