Taking advantage of a “hole” in the US immigration system, Canada has just announced a program to grant more visas to skilled workers that could benefit many Colombians.
(Read here: X-ray: What is the profile of Colombians living in the United States today?)
For two weeks, this North American country began receiving residency applications from H-1B US visa holders which are those that are generally granted to work in sectors such as technology and innovation.
(You may be interested in: Visa exemption and other Colombian plans to facilitate migration to the United States)
In other words, Canada wants to take current H-1B visa holders who are looking for more stability in their careers and a clear path to becoming citizens.
Canada wants to take current H-1B visa holders who are looking for more stability in their careers and a clear path to becoming citizens
At the time, To access a visa of this type in the United States, you first need a job offer from an American company.
But once it is granted, the worker is obliged to remain employed by that company or another for the duration of the permit, which is usually three years with the possibility of renewal.
If the worker loses his job and does not get another one in a period of 60 days, he has to leave the country.
In fact, according to data from the US Citizenship and Immigration Service (USCIS), between October 2022 and April 2023, more than 50,000 people with H-1B visas had their visas revoked because they lost their jobs.
Something that has been accelerating given the cuts in many technology companies in the so-called Silicon Valley.
And that is the inconsistency that the Canadians have begun to exploit.
Under the new program, anyone with an H-1B visa issued by the United States is eligible for a Canadian work visa without having to have a job offer.
Likewise, the measure does not force them to leave the country if they are unemployed, as is the case in the United States. Initially, some 10,000 visas will be made available during the first year of the program. The visas will also be valid for 3 years and extend work and study permits to all dependents of the H-1B holder.
Canada’s bet is for two ends. On the one hand, the process of identifying these highly qualified immigrants is being saved -because the United States does that through its own selection mechanism-. On the other, what it does is offer a more permanent and secure alternative in a sector that does not offer many guarantees in the United States.
Likewise, the Canadian program seeks to take advantage of another weakness in the US immigration system. H-1B visas are generally viewed as a pathway to permanent residency or a green card. Something that can be aspired to from the sixth year under one of these permits or if the company processes a permanent work permit for its employee.
(See also: The reasons for the United States to approve the reunification that benefits Colombians)
The problem is that in the United States there is a maximum limit for this type of visa and also a maximum limit by origin. In other words, for people of certain nationalities, such as those from India – who receive almost 70 percent of the H-IBs available every year – the paths to obtain permanent residence are few given the quota system that places an annual limit on people coming from this country.
Many, in fact, spend decades working under an H-1B without that resulting in permanent residence. And always under the threat that they will have to leave the country if they lose their jobs.
The Canadian option, on the other hand, does not have these limits and almost guarantees permanent residence.
The issue is important for Colombia because there are many nationals in this same situation. In addition, the current government is negotiating with the United States to extend the quotas for this type of visa.
A “business” that would be successful for many, because by obtaining an H-1B visa from the United States they would automatically have the option of accessing the Canadian labor market.
SERGIO GOMEZ MASERI
EL TIEMPO correspondent
Washington
On Twitter @sergom68
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