for Foreigners in the US
By James E. Root
become an all too common scenario – a foreign
national from India who has been in the US for several
years working for an American company has been laid-off
and faces employment uncertainties. They may be
losing their job (which is bad enough), but now
they also need to be concerned with going “Out-of
Status” if they cannot find another job in
a “reasonable” time frame. Many employees
cannot port the H-1B to another sponsor and they
have no choice but the return to their home country,
otherwise, they face going “out-of-status”.
“Out-of Status”, dreaded words for non-immigrant
beneficiaries and now the future looks uncertain.
However, there IS ANOTHER OPTION. If you are currently
in the U.S on H1B, F1 or L1 visa, you may want to
consider Canadian immigration if you are encountering
immigration issues, particularly if you anticipate
In 1992, 1994, 1995, 1996, 1997, 1998, 1999 and,
again, in 2000, Canada was ranked No.1 by the United
Nations Human Development Index as the best country
in the world to live. Unlike the United States and
other countries, there is no quota based on either
nationality or occupation. The Canadian Government's
new immigration plan for the next five years and
beyond is to emphasize the admission of a greater
number of skilled immigrants with abilities to contribute
directly to Canada's economic and social development.
The rights of Canadian Permanent Residents are almost
the same as those of the Canadian citizens except
a few, such as right to vote.
1. After becoming a Permanent Resident you will
have the freedom to live and work anywhere in Canada.
2. You will also have the freedom to work in/with
any profession/employer of your choice.
3. You may purchase/sell any property, own and operate
any business anywhere in Canada.
4. A Permanent Resident becomes eligible for Canadian
citizenship after living in Canada for a period
of three years of the last four years prior to the
date of the application for citizenship.
5. The best of all, you and your family can enjoy
the benefits of free Canadian Healthcare, free primary
and secondary education and subsidized post secondary
education, security of unemployment insurance, old
age pension, child allowance etc.
Benefits for H1B, F1 or L1 holders:
1. Unlike US work visa for a specific employer/profession
a Canadian immigrant is free to work anywhere with
any employer or in any profession in Canada.
2. Unlike applying for GC in US, you need not to
be present in Canada or working in Canada in order
to apply for permanent immigration for Canada.
3. It might take you years to get a Green Card in
US, whereas you along with your spouse & dependent
children can get Canadian immigration within a period
of 12 to 16 months.
4. May opt to stay outside Canada for a period of
3 years in any given period of 5 years and still
maintain his/her permanent residence status.
***The pass marks for federal immigration under
the skilled worker category was lowered to 67 from
75 points. This is the best time to apply for immigration
to Canada as this points criteria might change again
any time which may render you ineligible for this
We have helped numerous foreign professionals immigrate
to Canada to take advantage of the aforementioned
benefits and avoid returning to their home country.
If you would like to inquire further about immigrating
to Canada, contact ROOT LAW GROUP and we will listen
to all your concerns, answer all your immigration
questions and expertly advise you. ROOT LAW GROUP,
www.RootLaw.com, Ph (323) 456-7600