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  • The H-1B visa program is essential for bringing qualified

  • technical capability into the country.

  • We need to bring Americans back into the workforce and reform existing

  • programs before we expand immigration.

  • If 2 million more immigrants came to the U.S.

  • each year, we could reverse our predicted population and productivity decline.

  • After decades of deliberation surrounding U.S.

  • immigration policies.

  • High-skilled tech workers are looking towards a new country, Canada.

  • Many warn that if the U.S.

  • doesn't find a way to bring in more of the world's best talent, other countries like Canada will.

  • Canada has launched a new initiative to attract this talent, as well as so-called digital

  • nomads and skilled American workers.

  • But how did we get here?

  • And how does a country that is home to the world's biggest tech companies lose thousands of highly skilled

  • workers to Canada?

  • We spoke with several foreign tech workers and immigration consultants to uncover the story of how

  • the U.S.'s bureaucratic visa process pushes workers north.

  • It is very stressful.

  • Every single year the stress increases.

  • It's not straight forward, it's very convoluted and you have queues and

  • queues.

  • Your ability to even work in a country and contribute to the country is just going to depend on a

  • lottery.

  • The H-1B visa is a nonimmigrant work visa that allows U.S.

  • employers to hire foreign workers in specialty occupations.

  • Specialty occupations require an area of expertise and at least a bachelor's degree or

  • its equivalent. These jobs often include high-skilled workers in tech.

  • Since its creation in 1990, Congress has limited the amount of H-1B visas

  • available each year.

  • The current cap is 65,000, with an additional 20,000 made available for graduates of an

  • American university with a master's or doctorate degree.

  • Because the visa is sponsored by an employer, holders who lose their jobs have 60 days to find a new

  • job, transfer their visa status, or face deportation.

  • Shiva Koul is from India but came to the United States to study in 2013.

  • She started working at Microsoft in 2018, who sponsored her H-1B visa.

  • I was lucky enough for the first time, but I've had friends who've had to apply multiple times

  • and friends who did not get selected or picked up in the lottery at all.

  • Getting an H-1B visa has become increasingly competitive.

  • In order to get approved, an employee has to be sponsored by their employer and then go through a

  • rigorous application process.

  • Once vetted, they are entered into a pool of applicants who are randomly selected for a visa.

  • Harnoor Singh, a software engineer that has a bachelor's and master's degree from Georgia State and

  • is an H-1B visa holder, knows all about this.

  • I have been in the lottery three times, and it took me three times to get accepted in the

  • lottery. For the first year, I wasn't accepted.

  • For second year, I wasn't accepted.

  • It was very stressful because if things don't work out, you have to leave the country.

  • In 2021, nearly half of the eligible registrations received a selection for the random

  • drawing. But for the upcoming 2024 year out of the 758,000

  • registrations received by the government, only 188,000 were selected for the final random

  • drawing, meaning less than 25% received a visa and thousands were turned

  • away. Once someone receives an H-1B visa, they'll face a number of restrictions.

  • I've been living here for a decade.

  • I've been paying my taxes since my student years.

  • I don't have the same level of rights that a person who's from the states would

  • have, but I have the exact same and even more number of duties.

  • Since you're not a citizen, and since you don't have a green card, you can't even work at a

  • Subway.

  • Because you're restricted with your visa status in the U.S., and you don't even have

  • flexibility to move around.

  • You don't really have flexibility to change jobs.

  • Plus, the green card process, which is the pathway to permanence in the U.S.,

  • is a very, very tedious and a long one.

  • Since holders are at the will of their employer, they cannot change jobs or work side gigs.

  • The spouse or child of the holder also cannot work without applying for employment authorization.

  • So you have highly educated spouse that are just, you know, sitting in the U.S.

  • not able to work. Sometimes there are PhD holders that are just staying home cause they

  • can't even work.

  • A natural way to get past this bump is to apply for an employment-based green card.

  • But for holders like Shiva who come from highly populated countries, the backlog is longer than her

  • lifespan.

  • It's painful because all that's left between me and that green card

  • is one piece of paper.

  • That is the last step of the green card.

  • And because there's a backlog, that's why I can't get to that.

  • There is no other reason for that.

  • The U.S. implemented a country cap of 7% for green cards, which means H-1B visa

  • holders born in highly populated countries like India and China are experiencing lifetime

  • waits.

  • 75% of the people who are on H-1B visa in the U.S.

  • were born in India. Majority of Indians suffer by this wait time a lot.

  • They can never get permanent residency in their lifetime.

  • In 2023, the backlog reached a record high, with 1.8 million people

  • waiting and 1.1 million of those people came from India.

  • With the grim path to permanent residency, a lot of H-1B tech workers are exploring their

  • options.

  • H-1Bs were moving to Canada, applying on their own for the permanent residents and doing it.

  • Since I started 20 years ago, the highly educated foreign national is

  • really at the mercy of the US employer.

  • Big tech companies account for a large amount of H-1B visa approvals.

  • Amazon, Google, Microsoft, Apple and Meta accounted for over 60,000

  • approvals in the last two years, but all of these companies, except for Apple, underwent major

  • layoffs in the past year, leaving H-1B visa holders in limbo.

  • I got affected with the recent, tech layoff that is going on.

  • And per the U.S.

  • immigration rules. You have up to 60 days to leave the country.

  • You have to gather your everything and if you don't have anything, you have to leave the country.

  • Originally from Ghana, Anokye moved to the U.S.

  • in 2019 on a student visa.

  • He received a bachelor's and master's degree in material science and engineering.

  • After being laid off from Micron earlier this year, he transferred his H-1B visa status

  • to a visitor visa while searching for his next step.

  • I'm still looking for jobs in the U.S., it's not easy.

  • Even certain companies are still laying off, so it's kind of a bit difficult.

  • From October 2022 to April 2023, approximately 50,000 H-1B

  • holders lost their status due to unemployment, and 12,500 of these workers did not transfer

  • to another legal status, meaning they had 60 days to find a new sponsor or potentially face

  • deportation. Then, on June 27th, 2023, this happened.

  • Over the course of this year, Canada is going to be developing a specific stream for some of the

  • world's most highly talented people that will be able to come to Canada to work for tech companies,

  • whether they have a job offer or not.

  • And on July 16th, Canada opened visa applications for a pilot program that would allow up to

  • 10,000 H-1B visa holders in the U.S.

  • to apply for a three year open-work permit in Canada.

  • This is unprecedented.

  • Never heard of any similar program in the past.

  • And the program was a huge success, reaching its 10,000 capacity on the first day.

  • But this pilot program is only one part of Canada's Tech Talent Strategy.

  • A larger multi-year plan to recruit the world's top tech talent.

  • There's been an unprecedented labor shortage in Canada.

  • The tech field is growing, and the labor shortage has been significant in

  • that specific industry for years and years.

  • So that's why the focus is really it's really to be able to provide the businesses in

  • Canada and the economic situation in Canada, the economic immigrants it

  • needs based on their skills, basically.

  • Canada's tech market has grown 15.7% since 2020, outpacing the U.S.,

  • which grew at 11.4%.

  • The country now has 1.1 million tech workers, which makes up 6.5% of the

  • workforce. A CBRE study found that Toronto and Vancouver rank inside of the

  • top ten tech cities in the U.S.

  • and Canada, with Ottawa and Montreal ranking ahead of major U.S.

  • cities like Atlanta and Chicago.

  • Canada is also home to Shopify and other big tech companies like Dell,

  • Intel, Microsoft and Amazon all have a presence.

  • Both Anokye and Koul were affected by the tech layoffs and have applied for and received their

  • Canadian work permits.

  • I knew he was going to be very competitive, since there was a lot of

  • other U.S. workers who also have been affected on layoff, and even those who

  • have not yet been laid off.

  • My main reason was to have a sense of security.

  • I wanted to make sure that if nothing pans out, if I can get a Canadian work

  • permit and apply for positions in Canada before my grace period

  • expires, I can just move.

  • The open-work permit is not job-specific, which means they can work in any industry and are not

  • limited to tech.

  • And unlike the H-1B visa, they do not need to have a job lined up before moving to the country.

  • Currently, it is on my plan of trying to move to Canada.

  • If I'm not able to find anything within the U.S.

  • as soon as possible.

  • Personally, I prefer mostly like jobs in my

  • field of study. So, engineering.

  • Others, like Singh, didn't apply but had Canada as a backup plan.

  • I had already applied for a different program to have a work permit in Canada,

  • so I was already in the process to go to Canada as a backup option.

  • Not everybody is jumping on the next flight to come to Canada.

  • They're probably taking their time out of these 10,000 applicants and their families, how

  • many actually do arrive in Canada?

  • I also understand, at least from some of my clients who have applied for this

  • option only as a backup plan.

  • They don't intend to move to Canada in the immediate future.

  • They probably want to wait for six months, one year, probably see how it's going on.

  • The Canadian government issues work permits at the point of entry upon an approved applicant's arrival in

  • Canada. It says so far, more than 6000 work permits have been issued under the

  • H-1B temporary measure.

  • The H-1Bs are really good when they move to Canada because they establish economically, they

  • adapt really well.

  • And usually they like Canada because it's very similar to the U.S.

  • It's always been a pool of ideal candidates.

  • Canadian Immigration Minister Marc Miller wasn't available for an interview, but a spokesperson provided

  • this statement. The immense interest in Canada's H-1B visa application stream

  • is a strong indication of just how competitive Canada is on the global stage.

  • By 2030, the number of STEM jobs in the U.S.

  • is projected to grow by 10.5% to 11.3 million.

  • But in 2019, only 14% of U.S.

  • STEM students worked in STEM post-grad.

  • In fact, 62% of college students that studied STEM worked in non-STEM

  • fields. In Canada, after graduation, foreign students have an easier pathway to permanent

  • residency. The equivalent of the U.S.

  • green card.

  • In Canada,most of our work permits are study permit.

  • There is a direct facilitated pathway to permanent residence.

  • It's fairly new.

  • Our retention is very important because statistics show that people who studied here or worked here are

  • the best at establishing economically and contributing.

  • Harkunwar Kochar is a tech worker who came to Canada on a student visa from India.

  • He has since been able to gain permanent residency.

  • I didn't want to go to a country where I feel like I would always be a foreign resident for a

  • long time if I ended up working there, and to me, Canada feels like a much safer option.

  • I graduated in 2021, and within a one and a half year, I already have my

  • permanent residence.

  • Full-time tech workers in Canada have an average salary of

  • $94,800, while the U.S.

  • is $129,700.

  • However, this hasn't fazed many immigrants.

  • I'm pretty stable in Canada versus I know many similar friends who chose the

  • U.S. as an option, who didn't.

  • Who are still, like, struggling with that.

  • And many have ended up coming to Canada as well.

  • In Canada, the government uses a point-based system based on a number of factors, including language

  • skills, work experience, age, and education to determine visa eligibility.

  • Unlike the U.S., it does not base your permanent residency status on your country of birth.

  • The Canadian immigration system in Canada is not perfect, but it is more

  • responsive to the globalization and the change of the labor

  • market or the economic situation more than where the person comes from.

  • It offers a lot of permanent stability, peace of mind, and that is

  • not easily accessible in the current U.S.

  • immigration system.

  • Some say Congress needs to act in order to retain top talent in the US.

  • People should just take a step back and just revisit and make changes in one go,

  • instead of like taking eons to make those changes because it affects people's lives.

  • Reform is is needed based on the circumstances.

  • But I think that all civilized countries are moving towards, you know, shortage of labor,

  • especially qualified labor.

  • I mean, that's it's that train has left the station everywhere.

  • The policies are extremely inflexible.

  • And when I say inflexible, they haven't changed with times like there was a time when only a

  • few thousand people came in from a particular country.

  • Now you have, you know, plethora of people coming in from those countries.

  • As for the future, where do these tech workers see themselves?

  • If I had the opportunity, I would like to stay in the U.S., but if that doesn't work out, Canada is

  • also a great country, especially for immigrants.

  • I don't think. I would want to stay in the states long term for sure.

  • I think right now people are choosing to go more to Europe, Canada and Australia as opposed to the

  • states. And frankly, if somebody asks me today if I would suggest that they come

  • here, I would not recommend it.

  • So long term, I'm definitely going to stay in the U.S.

  • because at the point of career I am right now, I have more opportunities in the U.S.

  • I haven't really considered living anywhere other than Canada because I'm very happy here.

The H-1B visa program is essential for bringing qualified

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