The H-1B “Brain Drain”-- It’s NOT the Economy, Stupid
Bloggings On The H-1B Visa
by Anthony F. Siliato and Scott R. Malyk
Editor's note: Here are the latest entries from Anthony F. Siliato and Scott R. Malyk's blog.
September 25, 2009
Further to one of our more recent posts, it isn’t just the economy driving the “brain drain” associated with the ever-increasing numbers of talented workers opting to leave the U.S. Rather, the unrealistic immigrant visa quotas for employment-based green cards are also to blame as a formidable obstacle contributing to this recent trend.
The much-anticipated October visa bulletin issued by the Department of State did little to give new hope to the long line of skilled workers waiting for available immigrant visa numbers. Indeed, with quotas backlogged more than 7 years in the skilled worker category, countless thousands of talented H-1B workers are not only captive to their existing employers (with the hope that they will remain employed by their employer by the time they are permitted to file the final step of the green card process and achieve employment portability, if they wish), but are also constrained from seeking or accepting any significant promotions for fear of having to restart the green card process all over again.
A maximum of 140,000 green cards are issued to employment-based visa holders each year, and that quota is then divided into categories for classes of workers and set a percentage for each country. As such, because there are presently higher volumes of skilled workers from immigrating from India and China, those individuals are required to wait even longer than foreign nationals from other countries. This rigid system is not based on skill, merit or industry need, but simply because we have an antiquated, per country quota.
It should come as no surprise then that potential and existing U.S. H-1B workers are pursuing other options abroad—which not only avail such workers of more rapid career advancement, but an opportunity to obtain permanent residence in a far more efficient manner than the U.S. process currently offers. One need not look farther than just north of our border for an accelerated system of obtaining permanent residence for skilled workers. For example, the Province of Alberta Canada has a program which allows U.S. H-1B workers to gain permanent residency in Canada under a fast track (12 month) program. The program does NOT require the H-1B holder to have a job, employer or sponsor. The H-1B worker can apply independently. Alberta’s fast track program only requires that the applicant be working and have a minimum of one year of work experience in the United States pursuant to one of the temporary skilled worker visa categories (H-1B, H1-B1, H-1C, E-3) and that the applicant’s occupation be included in the “Regional Operations Under Pressure List” For Alberta.
So, while “It’s The Economy, Stupid” has been (and continues to be) a popular refrain since the Clinton administration, perhaps we need to ask why the United States continues to perpetuate a closed-minded, isolationist approach to immigration quotas that achieves nothing but drive out some of our hardest working, most talented foreign national workers – many of whom might otherwise help the U.S. return to a healthy and vibrant global economy.
Post Authored By: Anthony F. Siliato, Esq. and Scott R. Malyk, Esq. of Meyner and Landis LLP
Canadian universities focus sights on international students
OTTAWA — Across Canada, universities are under pressure to grow, but with stagnating or dwindling numbers of high school graduates at home, schools are increasingly looking overseas.
The selling point is Canada's cost competitiveness compared to similar institutions in the United States, Britain and Australia.
For instance, in Ottawa one out of every 10 Carleton University undergraduates settling into the new school year is from outside of Canada. For graduate students, the ratio is closer to one in five.
And, if the university meets its strategic target, within five years, 13 per cent of all undergraduates will be international students.
Mourad Soliman, 19, who was accepted at universities in Kuwait and Egypt, decided on Carleton after he met a recruiter at a universities fair in Kuwait.
Now in his second year of communications engineering, Soliman considers his decision a good investment.
"When you see a chance like this, you seize the chance right away," he said. "It might be a bit expensive, but it will provide a better life."
In 2008, 95,414 foreign students were enrolled in Canadian universities, nearly double the amount from a decade before, according to statistics from Citizenship and Immigration Canada.
Of those students, the bulk settled in Canada's major urban centres — one in five in both Toronto and Vancouver, about 12 per cent in Montreal, and another three per cent in each of Ottawa, Edmonton, and Calgary.
Between 1992 and 2007, the number of degrees, diplomas and certificates awarded to Canadian students increased 186 per cent, according to Statistics Canada.
In that same period, the number granted to international students increased by 343 per cent, the agency said.
China is the largest exporter of students, but Hong Kong, India, Vietnam and Malaysia are also considered strong markets, as are countries in the Middle East.
Pari Johnston, director of international relations with the Association of Universities and Colleges of Canada, said foreign students are attracted to studying here for a number of reasons.
"Our tuition fees are certainly very competitive if not lower than those in the United Kingdom and the United States," she said. "In general, it's a secure, safe environment, across cities and rural communities, to study in."
In some case, universities are even establishing campuses overseas.
According to a recent report from the London-based Observatory on Borderless Higher Education, there are now 162 international branch campuses around the world, a 43-per-cent increase in three years.
The United Arab Emirates alone is host to 40 branch campuses.
Carleton has offered MBAs in Tehran and Shanghai for a decade. Just a few weeks ago, the University of Waterloo opened a campus in Dubai to 22 engineering students.
The University of Ottawa is negotiating a similar agreement with a university in Egypt. Meanwhile, it is also building links to high schools and post-secondary institutions in China, Africa and the Middle East.
But increasingly, international students argue they are being used as cash cows to fund Canada's universities.
While fee increases for domestic students are regulated, international fees are not.
At Carleton, international students bring in $15,000 to $17,000 a year in tuition, more than twice what their domestic counterparts pay.
"Lots of people have parents who are working their tails off to pay," said Kimalee Phillip, president of Carleton's Graduate Students' Association and a native of Grenada. Phillip said she is carrying about $45,000 in debt.
Mark Langer, president of the 15,000-member Ontario Confederation of University Faculty Associations, has concerns about foreign students and how offshore campuses are funded.
"Where is startup money coming from? Is it coming out of operating costs in the hopes that they will be very profitable? These are speculative ventures," said Langer, a film professor at Carleton University. "This isn't a public service. This is an investment. It has to produce cash results for the university."
The Governments of Canada and Ontario Partner with the Regional Municipality of Niagara to Help Newcomers
Improving Job Opportunities For Skilled Immigrants in Ontario, Canada
Published Monday, 24 August, 2009 - 16:01
Internationally trained newcomers to Ontario will have greater opportunities to work in their fields as a result of expanded bridge training programs at York University.
- Since 2003, bridge training programs have helped more than 30,000 newcomers get jobs and get licensed in their field.
- About 70 per cent of Ontario's adult newcomers have post-secondary education or training.
The province is investing $5.2 million towards the university's new bridge training programs for information technologists and business professionals, in addition to an existing nursing program.
Bridge training programs help newcomers trained overseas get the local training they need to find a job in their field and contribute to Ontario's economy. The programs provide a variety of transitional supports such as international skills assessment, technical training, local work experience, occupation specific language training and mentorships.
Support for these programs is part of the government's plan to strengthen the economy by investing in the skills and knowledge of Ontarians.
N.S. lures young adult immigrants
Nova Scotia hopes to bring more young workers to the province with a new immigration plan.
On Tuesday, the provincial government announced a new stream for non-dependent adult children of immigrants already in the province under the nominee program.
The main goal is to meet Nova Scotia's labour needs, Immigration Minister Ramona Jennex said.
"Nova Scotia is facing an aging and declining population and increased immigration is one way to help ensure our economy grows and our communities thrive," Jennex said in a release.
According to provincial population projections, the 65-plus age group is set to nearly double by 2031 and grow by about 114,000 people. Over this same period, the 20-64 age group is projected to shrink by about 101,000.
The new program, which targets newcomers mostly in their 20s and 30s, has been in development for several months.
Office of Immigration officials aren't sure how many people will apply, but the department has heard from least 55 immigrants interested in getting their non-dependent children to Canada.
To qualify, applicants must be named on their parent's application form for permanent residence.
They must be at least 22 years old, able to become financially independent, intend to stay in the province, and speak basic English or French. They also need a degree, diploma or certificate, and have at least one year of post-secondary schooling.
The province issued 309 nominee certificates last year, down from 405 in 2007 and 400 in 2006.
Source: cbc.news
New report puts world population at 7 billion by 2011
By 2011, the world’s population should reach 7 billion, according to a new report put forth by the Population Reference Bureau’s 2009 World Population Data Sheet.
The report states that 97% of global growth over the next 40 years will occur in Asia, Africa, Latin America and the Caribbean.
“The great bulk of today's 1.2 billion youth - nearly 90% - are in developing countries,” said Carl Haub, a co-author of the report, to CNN.
Immigration of the rural youth into more developed places will probably continue into 2011.
“During the next few decades, these young people will most likely continue the current trend of moving from rural areas to cities in search of education and training opportunities, gainful employment and adequate health care,” Haub told CNN.
The U.S. and Canada will account for most of the growth in the developed world - half coming from immigration alone - the report states.
The report also says that high fertility rates combined with a young population base is the fuel behind most of the growth in the developing world. In Africa, women give birth to six or seven children on average, compared with about two children in the U.S. and 1.5 in Canada.
By 2050, the report shows that Canadian population will be up from 31 million to 42 million, while Uganda will increase a staggering 34 million to 96 million.
“Even with declining fertility rates in many countries, world population is still growing at a rapid rate,” Bill Butz, president of the bureau, told CNN. “The increase from 6 billion to 7 billion is likely to take 12 years, as did the increase from 5 billion to 6 billion. Both events are unprecedented in world history.”
The report forecasts that India will lead the world in population by 2050, increasing to 1.7 billion. Such a boost in population will overtake ranking leader China, where the population is predicated to reach 1.4 billion.
According to the report, the No. 3 slot in 2050 will go to the U.S., with a projected population of 439 million.
Canada to move to 5th place in economic performance in 2010: Conference Board
Canada's keeping its "B" grade on international economic performance this year and the next, but it's also expected to climb in the rankings, although it's partly because other countries have been harder-hit, according to the Conference Board of Canada.
The Conference Board's "How Canada Performs" forecast for 2010 said the country is expected in 2010 to move to fifth place out of the 17 countries ranked, just missing an "A" grade and jumping six spots from 2008.
Six "C" grades among the eight measures pulled down Canada's ranking in the last Conference Board report, although the country had scored highly on inflation and gross domestic product growth.
However, in 2010 Canada is expected to improve its relative ranking on GDP growth, unemployment, job growth, and both inward- and outward-flowing foreign direct investment performance, due mostly to the country's resilience in the face of harsh economic troubles worldwide.
"Canada is expected to weather the global recession better than most of its peers, which is a credit to its stable financial sector and a relatively healthier economic position upon entering the downturn," said Glen Hodgson, the board's chief economist and senior vice-president, in a statement. Still, he warned: "But achieving a higher rank because other countries are falling farther is not the basis for sustainable prosperity. Some of Canada's fundamentals, such as labour productivity, remain weaker than those of the global leaders."
The United Kingdom is expected to see one of the most severe drops in overall economic performance between 2008 and 2010, as the financial crisis has hurt the U.K. credit markets and housing prices, leading to weaker consumer spending and business investment, the report said.
However, the top and bottom rankings won't change, with Norway staying put as the strongest performer due in part to its large petroleum industry, while Ireland will continue to rank last.
The Emerald Isle fell from first to 17th place in 2008 amid a 2.7-per-cent contraction in economic output and a drastic deterioration in its domestic property market and construction sector. As well, its per-capita income, which was the third-highest in 2008, is forecasted to fall to 7th in 2010.
Available Options to Come to Canada under Category of Skilled Worker
Option One: skilled workers, professionals or managers who have a full-time, permanent job offer from a Saskatchewan employer.
You may qualify to apply under this Category if:
You live outside of Canada or you have proof of legal status in Canada, you are not a refugee claimant and you have one of the following:
An offer of permanent, full-time employment in Saskatchewan either in an occupation or trade in the NOC level “A” or “B”, or in a designated trade in Saskatchewan (Skilled Workers/Professionals Sub-Category);
An offer of permanent, full-time employment in Saskatchewan in a management position in the National Occupational Classification (NOC) Matrix level “0” (Critical Occupations Sub-Category); or
Have worked in Saskatchewan for at least six months on a temporary work permit either in an occupation or trade that is in the National Occupational Classification Matrix level “A” or “B”, or in a designated trade in Saskatchewan (Existing Work Permit Sub-Category).
Option Two: Physicians
Under this category, Saskatchewan can nominate individuals whose educational and professional certifications qualify them for employment in Saskatchewan as a physician. The applicant must be currently working on Temporary Work Permit for a Saskatchewan health occupation employer and be supported by the College of Physicians and Surgeons of Saskatchewan (CoPSS), Saskatchewan Health and the appropriate regional health authority.
Option Three: Nurses
Under this category, Saskatchewan can nominate nurses as Licensed Practical Nurses, Psychiatric Nurses or Registered Nurses, whose educational and professional certifications qualify them for employment in Saskatchewan. The applicant must be currently working on Temporary Work Permit for a Saskatchewan health occupation employer and be supported by the appropriate licensing body, Saskatchewan Health and the appropriate regional health authority.
Option Four: Other Health Professions Category
Under this category, Saskatchewan can nominate other health professionals currently working in health occupations that fall into the National Occupational Classification Matrix level "A" or "B" or requires at least one (1) academic year of post secondary education or 1 year of job specific training and is supported by the appropriate licensing body (if applicable), Saskatchewan Health, the appropriate regional health authority or other employer.
Many health occupations require a license or other credential in order to practice in Saskatchewan. There are twenty-three health regulatory authorities in Saskatchewan that license and certify health occupations. If you are not currently employed in Saskatchewan in a health occupation, you should contact the appropriate regulatory authority, to ascertain what further studies, examinations and/or certifications are needed in order to qualify to work in Saskatchewan. Here is a list of regulatory authorities in Saskatchewan.
Option Five: long-haul truck drivers
This program is to attract long-haul truck drivers to Saskatchewan trucking firms.
Under the Long-Haul Truck Driver Project, Saskatchewan trucking firms may be authorized to bring in foreign workers initially under SC’s Temporary Foreign Worker policy for occupations requiring high school diploma or specific on the job training, and subsequently retain them as permanent employees through the SINP. Long haul truck drivers can begin working in Saskatchewan for approved trucking firms on a foreign work permit and, if offered permanent employment by their employer after a minimum of six months employment, may apply to the SINP for permanent resident status.
Option Six: International Students
Graduated foreign students working for a Saskatchewan employer can apply for nomination and permanent landed status when:
The applicant has graduated from a program of at least one academic year of full-time study in Saskatchewan and has received a certificate, diploma, or degree from a recognized Saskatchewan post secondary educational institution;
The applicant has worked for a Saskatchewan employer for a minimum of six (6) months under a Citizenship and Immigration Canada (CIC) post graduation work permit; and
The applicant has a current permanent full-time job offer from their employer.
Source from Visa Serminar International
Canadian immigration launches Transit Without Visa Program
Citizenship and Immigration Canada (CIC) and the Canadian Border Services Agency (CBSA) have announced that they are to roll out the Transit Without Visa (TWOV) Program nationwide.
The programme applies to people from Indonesia, Taiwan, the Philippines, Thailand and China, although China is included on a trial basis for a year from 30 July 2009. Anyone from China hoping to transit Canada via the China Transit Trial scheme must have left for Canada from Shanghai, Taipei, Manila, Hong Kong, Guangzhou or Beijing.
People are only able to transit Canada under the scheme if they have a valid US visa, are booked onto an onward flight leaving Canada immediately and have passports proving citizenship of one of the participating countries. They must also have arrived in Canada on either China Airlines, Cathay Pacific or Philippine Airlines. Travellers transiting under the scheme are prevented from applying for temporary residency in Canada.
Although the scheme is being rolled out, Vancouver airport is currently the only one eligible to accept TWOV flights and passengers.
Source: Global Visas
Faster route to Canadian immigration offered by Quebec by Mark Johnstone
The province of Quebec has launched its own version of the Canadian Experience Class (CEC) route for people hoping to move to Canada permanently. The accelerated programme is for use by skilled permanent residency applicants who are working in Canada or have been studying in Canada for some time.
The new scheme, called the Quebec Experience Class (PEQ), was announced by Quebec Immigration Minister, Yolande James. She says that attracting skilled foreigners who have come to work in Canada and foreign students who are studying in Canada to settle in Quebec is essential for the region’s economic future.
Under the scheme, foreign students can apply for a Quebec Selection Certificate (CSQ) if they have completed a level B1 French course at a educational institution in Quebec, have studied in Quebec for two years and have completed a diploma or a degree at a recognised educational institution in the province.
People working in Quebec on temporary work permits will be able to gain a CSQ if they are employed legally in Quebec at the time of applying, have worked for 12 months in Quebec in a managerial, skilled or professional capacity and have completed a B1 level French course or can pass a French proficiency test.
Applying for permanent residency under the PEQ is simpler and quicker than doing so under the Canadian Experience Class, which was introduced earlier this year. The PEQ is to be launched before October 2009.
Source: Globalvisas.com