Studies suggest the United States may soon start losing skilled foreign workers to Canada, according to a report. Canada could attract H1B visa holders and their spouses by offering them employment.
H1B visa holders may qualify for automatic revalidation for trips lasting under 30 days to Canada and Mexico, however it's best to plan ahead.
Legal Requirements
H1B visa holders may work legally in Canada, Mexico and surrounding islands if they meet certain requirements. To do this, they need a valid passport, valid visa or an eTA (electronic travel authorization) and proof of employment - plus they must comply with all immigration laws in each country they're visiting.
To be eligible for an H-1B visa, one must possess both a bachelor's degree in your field of study and work experience in that same occupation. You also need a sponsoring employer who is willing to sponsor you for this visa - once approved, once your employer post LCAs in your workplace and submit them with USCIS they should post them right away!
USCIS will review your LCA to ensure it fulfills all the criteria for an H-1B visa, then approve or deny it based on that review. Once granted, you can begin working and remain in the USA for six years; if applicable to one of its immigrant-selection programs.
Apple, Google and Qualcomm were three prominent employers that hired H1B visa holders in 2018 through this program - hiring 23,812 workers through this visa scheme alone!
H1B visa holders also have the option of moving to Canada if they find work that matches their qualifications there. While Canada's immigration system is less generous than that in the US, it still provides plenty of opportunities for foreign workers. In addition to temporary work permit programs and permanent residency options for qualified immigrants.
A recent study has warned of the United States' risk of losing skilled migrants to Canada. Tens of thousands from India may choose Canada over America due to more flexible rules on spouse work authorization.
Visa Requirements
As long as they hold an H1b visa, holders are entitled to travel outside the US for either business or personal purposes, however certain guidelines must be observed in order to make their journey safe and legal. They should always make sure they possess both a valid passport and I-94 card - copies of important documents such as pay stubs, W-2 forms or bank statements should also be carried for reference.
Also required is a letter from their employer verifying they remain employed with the company and explaining why they need to travel. They should outline their itinerary as well as any pertinent details, and submit a DS-160 form along with paying any associated fees.
As much as foreign workers have long looked to the US as an attractive employment destination, recent visa restrictions by President Donald Trump's administration are prompting many skilled migrant workers to consider Canada as an alternative destination. More specifically, his new executive order limits which work-based immigration visas American businesses can use to recruit hundreds of thousands of workers annually.
H1B visas are the most frequently issued work permits in the US, permitting people to work here for three years at a time. Once on an H1B, holders can extend for another year at any time; however, any dual intent applications (i.e. applying for permanent resident status while on H1B status) cannot be accepted.
On the other hand, Canada provides immigration streams designed specifically for skilled workers. If an overseas national meets these criteria and meets Express Entry system criteria for Canadian work visa application consideration, top candidates will be invited to apply for permanent residency through invitation to apply process. However, to apply successfully they must possess a valid passport without criminal history records as well as seek advice from reputable immigration lawyer before planning their travel plans.
Passport Requirements
If your H-1B visa has expired and you plan to travel to Canada or Australia, obtaining a new stamp in your passport may require filing an H-1B petition with USCIS and attending an interview. As an alternative option, consider switching your status into another nonimmigrant status such as F-1 student or H-4 dependent visa; but bear in mind this will affect your ability to work in the future in the US.
Traveling internationally while your change of status petition with USCIS remains outstanding can be very risky; CBP officers at ports of entry have sole authority to decide who may or may not enter. Traveling outside the country could indicate abandonment and result in your change being denied - consult an advisor from ISSS before planning any international trips while in H-1B status.
H-1B visa holders generally do not require a new visa stamp in their passports for travel between Canada and Mexico. Before making your trip, be sure to research each country's specific rules regarding this matter and keep copies of your travel documents - such as flight itineraries, passport stamps and I-94 forms - just in case they may help extend your status or extend your visa or status extension process.
According to experts, the current political environment in the US may have led some workers to shift their attention away from it and towards Canada, particularly high tech professionals. Some individuals may even decide to relocate permanently after being granted an employment-based green card by their employer; this decision may impact your ability to reclaim any unused H-1B time or apply for citizenship; at least three years of residence must have passed in Canada in order to apply.
Visa Extensions
H-1B visa holders who plan to relocate permanently from the US to Canada should ensure they have enough time left on their visa before traveling. This requires applying for an extension and paying a premium processing fee and providing documentation; typically employers cover this expense; however it could be that an employee chooses to pay it themselves; an attorney should discuss this option with them first before making their decision.
H-1B visas offer foreign nationals who wish to work in the US for six years a significant benefit: it enables them to secure permanent residency without returning home at the end of their visas; however, due to limited numbers available annually it cannot guarantee they will obtain an H-1B extension before their expiration dates arrive.
Some individuals may be eligible to reenter the United States after their visa has expired if they take a short trip to Canada or Mexico and undergo automatic visa revalidation, provided that all other criteria for their visa application have been fulfilled; this option does not apply to citizens from countries designated state sponsors of terrorism, nor individuals convicted of certain crimes.
If someone wishes to switch from H-1B status to another type of visa, their petition with USCIS must remain pending before traveling internationally - otherwise USCIS could view this action as abandonment and reject their change in status request.
To extend their H-1B visa, an individual must file and pay fees associated with an I-129 petition, with their employer as petitioner. Once filed and approved by an evaluating officer, any motion to reopen may only be submitted if new information arises which could alter that officer's original decision.