{"id":159286,"date":"2018-04-08T06:36:53","date_gmt":"2018-04-08T10:36:53","guid":{"rendered":"https:\/\/canadianinquirer.net\/v1\/?p=159286"},"modified":"2018-04-08T06:36:53","modified_gmt":"2018-04-08T10:36:53","slug":"looming-u-s-crackdown-could-strip-right-to-work-from-thousands-of-foreign-worker-spouses","status":"publish","type":"post","link":"https:\/\/canadianinquirer.net\/v1\/2018\/04\/08\/looming-u-s-crackdown-could-strip-right-to-work-from-thousands-of-foreign-worker-spouses\/","title":{"rendered":"Looming U.S. crackdown could strip right to work from thousands of foreign worker spouses"},"content":{"rendered":"
\"The<\/a>
The skilled foreign labour that would be affected by President Trump\u2019s policies is highly prized by Canada\u2019s federal and provincial governments, which have tailored their immigration policies and programs in recent years to facilitate the entry of such workers and their spouses into Canada. (Photo By Wikimedia Commons, CC BY 2.5<\/a>)<\/figcaption><\/figure>\n

Thousands of mainly Indian spouses accompanying skilled foreign workers on H-1B visas in the United States are preparing for the possibility that they may lose their ability to work in June.<\/p>\n

That\u2019s when the U.S. Department of Homeland Security (DHS) could rescind a rule introduced under former U.S. President Barack Obama in 2015 that gave spouses of certain H-1B visa holders the right to work under an H-4 visa.<\/p>\n

Prior to the change, the spouses of H-1B holders could not work in the United States, leaving the H-1B visa holders they were accompanying as the sole breadwinners for their families.<\/p>\n

The\u00a0introduction of the H-4 Employment Authorization Document (EAD) changed this rule for spouses of H-1B holders who had applied for permanent residency and were waiting for a decision.<\/p>\n

The H-4 EAD was heralded as welcome relief for both the families concerned and the spouses it allowed to work, many of whom are themselves highly skilled and had skilled work experience.<\/p>\n

Since then, more than 100,000 H-4 holders have taken advantage of the EAD to get back to work.<\/p>\n

Their newfound independence, however, could prove to be short-lived thanks to policies introduced by U.S. President Donald Trump, who came to power on a platform that promised to tighten immigration rules and protect American workers and industry from foreign competition.<\/p>\n

The DHS has said its move to rescind the right to work under an H-4 visa is part of a wider effort to bring policies and practices in line with President Trump\u2019s\u00a0\u201cBuy America, Hire American\u201d Executive Order.<\/p>\n

Canada hoping to capitalize on U.S. policies<\/p>\n

The move to rescind the H-4 EDA has added to the sense of uncertainty among foreign skilled workers in the United States resulting from policies introduced by the administration of U.S. President Donald Trump.<\/p>\n

This atmosphere is widely believed to be fueling a spike in foreign skilled workers, and notably skilled workers in the Information Technology sector, who are setting their sights on Canadian immigration.<\/p>\n

The skilled foreign labour that would be affected by President Trump\u2019s policies is highly prized by Canada\u2019s federal and provincial governments, which have tailored their immigration policies and programs in recent years to facilitate the entry of such workers and their spouses into Canada.<\/p>\n

Canada\u2019s Global Skills Strategy and its Global Talent Stream component\u00a0<\/a>is one such example. Introduced in June, the Global Talent Stream has reduced processing times for temporary work permit applications for certain skilled workers to two weeks.<\/p>\n

Spouses accompanying skilled foreign workers with a temporary work permit for Canada are entitled to an open work permit that that is not job-specific. The worker\u2019s dependents would also have the right to study in Canada. This applies to workers coming through the International Mobility Program and the Temporary Foreign Worker Program.<\/p>\n

A recent report by Toronto tech sector hub MaRS<\/a>\u00a0says the Global Talent Stream is behind a sharp increase in international hires by tech companies based in the city, which is Canada\u2019s most populous and a popular destination for immigrants. The report also says tech companies in the city are reporting a major spike in applications from workers in the United States and cited the political climate there as a key reason for workers wanting to leave.<\/p>\n

Canadian permanent residence<\/p>\n

H-1B visa holders and their spouses who are looking to Canada<\/a>\u00a0also\u00a0have numerous options for gaining Canadian permanent residence status, which is renewable after five years and allows holders to live and work anywhere in the country.<\/p>\n

Express Entry<\/a>\u00a0is the federal government\u2019s economic immigration system, which candidates can enter through one of three classes \u2014 the\u00a0Federal Skilled Worker Class<\/a>, the\u00a0Federal Skilled Trades Class<\/a>\u00a0and the\u00a0Canadian Experience Class<\/a>.<\/p>\n

H-1B applicants in the U.S. who have advanced proficiency in English, advanced education and skilled work experience would have a distinct advantage through Express Entry, which ranks candidates according to scores awarded for their so-called human capital factors, such as language proficiency, age, education and work experience. Applicants can also be awarded points for their spouse\u2019s credentials.<\/p>\n

Indian nationals have enjoyed the most success through Canada\u2019s immigration system, topping the list of nationals invited to apply through both the\u00a0Express Entry system<\/a>\u00a0and the\u00a0Provincial Nominee Program<\/a>\u00a0run by Ontario.<\/p>\n

Provincial nomination<\/p>\n

Provincial Nominee Programs (PNPs)<\/a>\u00a0are a popular fast-track option for gaining permanent residence. These programs\u00a0allow\u00a0Canada\u2019s provinces and territories\u00a0to nominate foreign workers for Canadian permanent residence based on local labour needs.<\/p>\n

Many provinces also have enhanced PNP streams that are aligned with the Express Entry system and award Express Entry candidates with a provincial nomination an additional 600 points toward their CRS score.<\/p>\n

Work permits<\/p>\n

Entering Canada on a\u00a0temporary work permit<\/a>\u00a0is another option, one that more than 300,000 foreign workers make use of each year. Canada offers a number of work permit options for temporary foreign workers\u00a0through the International Mobility Program and the Temporary Foreign Worker Program.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

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