Latest H-1B news parallels spike in U.S. searches on
Canadian immigration
U.S. President Donald Trump said to be considering stricter
rules for visa extension program
Reports that U.S. President Donald Trump is considering
tougher rules around H-1B visa extensions has coincided with a sharp increase
in online searches using terms like “H1B Canada” since the news emerged in
recent days, CIC News has observed.
The New York Times and others previously have reported that
Canada could be the beneficiary of tougher H-1B rules, which primarily would
affect highly skilled foreign workers in specialized disciplines like science,
medicine and healthcare, education, biotechnology.
Lending weight to this theory was a surge in Google searches
originating in the U.S. using terms such as “H1B Canada” and “H1B Canadian”
starting January 2. That was around the time McClatchy D.C. first reported that
President Trump was considering acting on changes proposed by the Department of
Homeland Security, which would cap extensions for H-1 B Holders. Such a move
could force foreign workers waiting for a green card out of the U.S. before a
decision is reached.
Search queries using “H1B Canada”
Indian news media estimate the proposed rules could
effectively force between 500,000 and 750,000 H-1B applicants from India alone
to leave the United States if President Trump approves the new rules.The president has previously taken action against H-1B visa
extensions, issuing an executive order last April that called for a review of
the H-1B program and froze an expedited option for employers looking to
fast-track a potential employee’s application.
Critics of H-1B, which is meant to be a temporary
“non-immigration” program, say it has become a kind of backdoor pathway to
permanent residence.President Trump, who ran for office on a promise to defend
and create jobs for American workers, has repeatedly criticized H-1B for
protecting foreign labour at the expense of Americans.
However, he is also on the record speaking in favour of
H-1B, saying at one point during the Republican presidential nomination race
that keeping foreign brain power in the U.S. was essential.
A boon for Canada?
The skilled foreign labour that would be affected by H-1B
changes is highly prized by Canada’s federal and provincial governments, which
have tailored their immigration policies and programs in recent years to
facilitate the entry of such workers into Canada.A key change toward this end was the introduction of
Canada’s Global Skills Strategy and its Global Talent Stream component, which
cut processing times for temporary work permit applications for certain skilled
workers to two weeks.
These policies and others have combined with the Liberal
government’s rhetoric around inclusivity and diversity to help leverage Canada
as a kind of counterpoint to the immigration policies of President Trump.Indian nationals have enjoyed the most success through
Canada’s immigration system, topping the list of nationals invited to apply
through both the Express Entry system and the provincial nominee program run by
Ontario, Canada’s most populous province and the country’s most popular
destination for immigrants.
Canadian permanent residence
H-1B applicants looking to Canada have numerous options for
gaining Canadian permanent residence status, which is renewable after five
years and allows holders to live and work anywhere in the country.Express Entry is the federal government’s economic
immigration system, which candidates can enter through one of three classes —
the Federal Skilled Worker Class, the Federal Skilled Trades Class and the
Canadian Experience Class.
Through this system, eligible candidates are ranked
according to scores awarded for their so-called human capital factors, namely
age, education, language proficiency and work experience. A job offer is not
necessary to be a candidate in the Express Entry pool.H-1B applicants in the U.S. who have advanced proficiency in
English, advanced education and skilled work experience would have a distinct
advantage through Express Entry.
For example, a single, 29-year-old H-1B visa holder with
advanced English, a bachelor’s degree and three years work experience would be
eligible to enter the Express Entry pool through the Federal Skilled Worker
Class. Based on the results of Express Entry draws in 2017, their Express Entry
Comprehensive Ranking System (CRS) score of 441 would have seen them receive an
invitation to apply for Canadian permanent residence through Express Entry in
60 per cent of the 30 draws conducted last year.
Canada has set higher invitation targets in the three
Express Entry classes for 2018, which could mean larger draws from the pool of
candidates. If that’s the case, it’s likely that CRS cut-off scores will
continue to drop over the course of the year.
Provincial nomination
Canada’s provinces and territories are allotted an
immigration quota each year through Provincial Nominee Programs, which allow
them to nominate foreign workers for Canadian permanent residence based on
local labour needs.Many provinces also have enhanced PNP streams that are
aligned with the Express Entry system and Express Entry candidates with a
provincial nomination are awarded an additional 600 points toward their CRS
score.
Work permits
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