Canadian Open Work Permits for U.S. H-1B Specialty Occupations Visa Holders
July 16, 2023
Starting today, Sunday, July 16, 2023, Canada will offer open work permits to any individuals in the United States on an H-1B Specialty Occupations visa. Canada’s strategy is to lure away highly-educated foreign nationals in the United States who are frustrated by the U.S. immigration process. In essence, Canada is capitalizing on a growing sense from international students and professionals that settling permanently in the United States is too slow and difficult.
The new recruitment strategy, which Canada unveiled at a North American technology conference held in Toronto last month, is designed to appeal to out-of-work foreign tech-sector workers in the U.S. whose immigration status is now in jeopardy after a recent series of layoffs.
Without the fast-track program, they would either need to apply for entry under the regular Canadian process or get a Canadian employer to obtain a work permit for them.
The program will last for either one year or until the cap of 10,000 applicants has been reached. This cap is on principal applicants and does not include family members.
If you are an H-1B Specialty Occupations visa holder and are interested in applying for a Canadian open work permit, please send an e-mail to firstname.lastname@example.org to obtain more information about the program and Abrams & Krochak’s related services and legal fees.
Changes to Parent/Grandparent Sponsorships
December 14, 2016
Today, Wednesday, December 14, 2016, The Honourable John McCallum, Minister of Immigration, Refugees and Citizenship Canada (IRCC) announced changes to Parent and Grandparent Sponsorships that, in his opinion, “will improve access to the application process, given that the number of applications accepted for intake is limited”.
Between January 3 and February 2, 2017, Canadian citizens and permanent residents who want to apply as sponsors must first complete an online form on the IRCC website to let the Department know they are interested in applying to sponsor their parents or grandparents. The online form will be available for 30 days, from noon Eastern Standard Time (EST) on January 3, 2017, to noon EST on February 2, 2017.
At the end of the 30 days, IRCC will remove the duplicates, randomly choose 10,000 people and ask them to complete the full application. IRCC will let everyone who completed an online form know whether they were chosen or not. Only those who were randomly chosen will be invited to apply to the Parent and Grandparent Program. Those who were invited to apply will have 90 days to submit their complete application to IRCC. The 2017 application kit and guide will be available on IRCC’s website on January 9, 2017.
Interested sponsors who are not selected will be able to indicate their interest to apply again in 2018.
If you are an existing client of Abrams & Krochak and were planning to apply to the Parent and Grandparent Program in January 2017, please contact Mr. Peter Krochak at email@example.com for further information.
Ministerial Announcement Regarding Parent/Grandparent Sponsorships Deferred to December 14, 2016
December 8, 2016
The Ministerial announcement regarding Parent and Grandparent sponsorships, which was anticipated today, Thursday, December 8, 2016 has been deferred to Wednesday, December 14, 2016. As soon as it is made, the contents will be made available on this website.
Minister Announces Improvements to Spousal/Partner Sponsorship Application Process
December 7, 2016
Immigration, Refugees and Citizenship Canada (IRCC) Minister, The Honourable John McCallum, made an announcement today, Wednesday, December 7, 2016, regarding improvements to the Spousal/Partner Sponsorship Application Process. Among the improvements are:
- processing times for all spousal/partner applicants, inside and outside Canada, will be cut from 24 to 12 months
- a simplified guide (reduced from 180 to 75 pages in simpler language)
- one checklist (not clear whether visa office checklists will be removed)
- one relationship questionnaire
- medical, criminality and security screening to be done after applying (no longer up front)
- a new application kit for use by all spousal/partner applicants. Applicants will no longer have to choose between two different kits depending on whether they live in Canada or outside Canada. All applicants will use the same application kit. Since some applicants may have already started filling out their application using the current kit, IRCC will continue to accept new applications using the current kit until January 31, 2017. After this date, only applications using the new kit will be accepted. Applicants are strongly encouraged to begin using the new kit, which is easier to use and understand, as soon as it is available on December 15, 2016.
- along with the new 12-month processing commitment, IRCC will extend its pilot program which gives open work permits to eligible spouses or partners who are being sponsored and are in Canada, giving them the freedom to work while their applications for permanent residence are being processed. This pilot program ensures applicants are able to work, provide for their families and contribute to the Canadian economy while waiting for their applications to be processed. The pilot, currently slated to end on December 22, 2016, will be extended until December 21, 2017.
These changes are to be online on December 15, 2016.
The Minister will be making another announcement tomorrow, Thursday, December 8, 2017 around the 2017 intake process and application kits for the Parents and Grandparents class and the announcement will be posted on our website just as soon as it becomes available.
Illegal in U.S. and Wish to Immigrate to Canada?
November 10, 2016
Abrams & Krochak receives a significant number of inquiries from individuals, who have no legal status in the country in which they are residing and who wish to immigrate to Canada. The vast majority of these inquiries are from individuals in the United States and the number has increased substantially since the recent U.S. election and talk of mass deportations. The two (2) primary concerns for these individuals, when considering Canada, are:
1. Whether their illegal status in the United States will render them ineligible to immigrate to Canada; and
2. Whether the Immigration process can take place while they continue to reside in the United States, albeit illegally.
Insofar as eligibility is concerned, illegal status in a third country will not render an individual ineligible to immigrate to Canada unless issues of criminality are involved. Even then, there is not an automatic disqualification and Abrams & Krochak advises on a case-by-case basis.
Insofar as the Canadian Immigration process is concerned, all applicants in the Federal Skilled Worker and Federal Skilled Trades categories are processed under a system called “Express Entry”. With the assistance of Abrams & Krochak, applicants create an Express Entry Online Profile and if they are invited by Citizenship and Immigration Canada to apply for Permanent Residence in Canada, the majority of the Application process takes place online. Therefore, if no interview is deemed necessary by Immigration officials (which applies to the majority of cases filed by Abrams & Krochak, to date), the applicant’s place of residence is irrelevant. Place of residence only becomes relevant if the applicant’s file must be transferred to a Canadian visa office for further processing and/or the scheduling of an Immigration interview.
The general rule is this: if a file needs to be transferred to a Canadian visa office for further processing and/or the scheduling of an Immigration interview, it will be transferred to the Canadian visa office in the country in which the applicant is currently residing if (i) the applicant has at any point in the past lawfully resided in that country for a period of one (1) year or more OR (ii) the applicant is in possession of a valid visa, authorizing him/her to remain in that country for a period of at least one (1) year (such as an H1-B, J-1 or F-1 visa in the United States). Otherwise, the file must be transferred to the Canadian visa office which normally serves the applicant’s home country/country of habitual residence/country of citizenship.
As long as you are accurate about your qualifications when you complete Abrams & Krochak’s Online Eligibility Assessment Questionnaire at https://www.akcanada.com/assessment1.php, should you receive a favourable assessment from Abrams & Krochak, then it is worthwhile creating an Express Entry Online Profile since, as was stated earlier, if you are invited by Citizenship and Immigration Canada to apply for Permanent Residence in Canada, the vast majority of Abrams & Krochak’s cases are approved without the need for a personal interview and you will have the chance to begin a new life with legal status in Canada instead of continuing to live in fear of deportation from the United States.
Should an interview be deemed necessary in your case and should you be required to attend it in your home country/country of habitual residence/country of citizenship or a third country whose Canadian visa office serves your jurisdiction, you can evaluate your personal circumstances at that moment in time and then decide whether you are willing to take the risk of leaving the United States and travelling to attend your interview or abandoning your Canadian Immigration plans altogether. Keep in mind, however, the fact that abandoning your Canadian Immigration plans does not necessarily mean that you can apply at a future date, should your personal circumstances change. Canadian Immigration laws, regulations and policies are always subject to change at any time without advance notice.
Number of 2017 New Arrivals to Canada to Remain the Same; Greater Percentage Economic and Family Class Immigrants
November 1, 2016
On October 31, 2016, the Government of Canada announced in the Canadian House of Commons that it will bring in 300,000 new arrivals in 2017. That is the same number that was established in 2016 to accommodate an influx of Syrian refugees.
While Canada will not increase the number of new immigrants being welcomed to the country next year, the Government claims that it is laying the foundation for a bigger boost in levels in the coming years.
Within this plan, the number of permanent residents selected in economic programs (i.e. Express Entry/Business Class/Provincial Nominee Programs, etc.) will increase. The Government also intends to increase Family Class (i.e. family sponsorship) levels to reduce processing times and reunite more families.