27 Apr Move your business and workers to Canada
Foreign workers moving from the USA to Canada have many options.
As the many visa programs in the United States face an uncertain future, for many workers and students that have lived in the USA including the H-1B visa holders for the last decade or two, the prospects of receiving a Green Card became a “not-in-my-lifetime” scenario. So, moving from the USA to Canada has become an attractive option that has been driving selection points in Canadian immigration up.
The H1B, H1B2, and H1B3 visas are employer-based, non-immigrant visas for temporary workers in the USA. US-based companies apply for their workers who wish to perform services in a specialty occupation (H1B), offer services of exceptional merit and ability relating to a Department of Defense cooperative research and development project (H1B2), or services as a fashion model of distinguished merit or ability (H1B3). There are many reasons why these types of visa could be refused: incorrect or incomplete petition, insufficient supporting evidence, current and history and immigration status. And data shows that the number of denials and requests for evidence had increased significantly, a trend that continues.
In addition, it has become increasingly difficult for many US employers to bring and retain and sponsor employees for the H-1B , 2 and 3 visa without losing their battle to the limited options available.
The most important factor, the H1B lottery is nothing but a “computer-generated random selection process” to pick the required number of H1B applicants from a larger pool of applicants. The lottery selection is done to select enough applicants to meet the H1B Cap of 65,000 for the Regular quota and 20,000 for the Masters’ quota. With the new process, recently introduced, the first lottery is conducted to select the overall regular cap quota to fill 65,000 petitions. The unselected Masters quota petitions are taken out and then a lottery is run to select the US masters quota cap for 20,000 petitions. Either way, it is a gamble and uncertainty.
What does Canada do? Canada’s immigration system is designed to support skilled workers based on selection factors and points. The potential immigrant has a chance to know in advance and increase points to be selected. There are also ways to start working within a few months of finding your employer or even to continue to work for a current US company. For workers in some occupations, the processing times are less than two months before arrival, about a year to obtain a Permanent Residency, and approximately two and half years to apply for citizenship. Overall, from start to finish selected foreign workers will spend only four to six years to become proud Canadian passport holders as opposed to the ordeal faced by H-1B visa holders in the US
Companies across the USA are now looking to Canada as the best option for retaining teams of top talent. Companies with offices in Canada have a distinct advantage of making this step as they can begin transferring global talent without delay through various immigration programs. It is also possible to make a move without opening affiliates or subsidiaries in Canada.
Here are five important steps for moving your talent to Canada:
- Connect with our Canadian immigration lawyers to discuss your plans for expansion, recruitment in Canada, or simply move workers. It is important to have a one-stop-shop solution to all issues at the same time without breaking them into pieces like immigration, relocation, COVID-restrictions, business planning, recruiting, and corporate compliance.
- Tap into Canadian immigration programs to speed up the process and have clear timelines.
- Set up your Canadian operations and start expanding into the market as aggressively as possible.
- Hire, move or recruit new workers in or outside of Canada as soon as you can.
- Retain and transition your employees to Permanent Residents as quickly as possible to increase the mobility of your team.
Our office can give your case the attention it deserves because we understand that each situation is unique. Canadian immigration lawyers have the experience in presenting each application and process high-volume relocation projects. We have a dedicated team of licensed professionals standing by, ready to answer your corporate expansion, payroll, immigration, and relocation questions.
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