Can Canada turn tables by Giving PR based on US-approved i140 to backlogged Indians?

What if Canada gives PR to backlogged US approved i140 high skilled workers? Will they take jobs to Canada with them? What can US lose?

Written by Anil Gupta
  Anil Gupta    Updated 20 Jul, 23

Canada has made waves in the US business community by offering open work permits to existing #H1B visa holders.

Canadian Open work permit essentially creates a reliable and concrete pathway to permanent residence in Canada compared to the completely unreliable US green card process.

Due to huge demand and the desperation of high-skilled #H1B visa holders waiting for more than a decade in the US, the quota of 10k spots got filled in less than 48 hours. This has sounded alarm bells in the US immigration circuits.

If Canada really wants to make a change and attract big tech businesses to Canadian soil, Sean Fraser should seriously consider offering PR directly to people who have been waiting or are joining the US green card queue.

This small survey reveals that most people will strongly consider moving to Canada as the opportunity cost to keep waiting in the US is too high.

The most affected Indian (EB1/2/3) queues are backlogged for more than 10 years and are fed up with unexpected date retrogression.

The US green card bulletin system pushes the entire responsibility of filing and waiting on the applicant even though the applicant has no power to change the bulletin dates. It is so random that it can go back in time by decades, not days, months, or years.

One day you are eligible to get a Green card, and the next day, you might be pushed back 10 years in the queue. And all of that burden to maintain mental sanity is on the applicant exclusively.

Opportunity Costs of Waiting in US

America is known as the land of opportunities; but with very high opportunity costs.

As they say, you have to lose something to gain something; this country of dreams demands a huge amount of your health, wealth, and time just to get through its legal immigration system.

People whose wishlist is to see the adorable green card in their lifetime will know what they have sacrificed to keep themselves in the queue.

  • It does not cost $5000 to apply for your green card, it costs your mental health.
  • It does not cost the usual processing time, it costs your life years waiting to see the application result.
  • It does not cost $10k in lost salary due to visa restriction, it costs your career growth.

Think in terms of lost opportunity just because of the visa or green card system and you realize that the cost is too high.

Most people go through extreme stress each month at the time of the most popular visa bulletin issuance.

Visa Date Retrogression technology

I am sure the daily dining table discussion is more about date retrogression, which by the way is patented US immigration technology. No other country has or will ever use this extremely rare patented tech designed specifically for people who have US dreams.

This special tech has the real capabilities to take you ‘back to the future’. Yes, you read it right.
If you can’t imagine or have never experienced it, the only way is to apply for US green card.

The likes of AI (Artificial Intelligence), chatGPT, and Google Bard are kiddish in front of this retrogression tech. The US has saved the best for its best.

You can’t even imagine how many people are ready to give up to use this technology. Indians, primarily are extremely fond of it.

As per the genes, Indians are accustomed to decade-long waits in Indian court cases, but here, they have successfully upgraded to wait even centuries. An Indian has a waiting time of 150+ years but still happily waits.

He enjoys the exclusive fun of date retrogression, that nobody else in the world can experience; not even in Disney parks.

This tech has so many useful features. One of them is making an attorney your half-girlfriend. They have to go through so many legal hoops on the way to a Green card that they have coffee with an Attorney almost every week.

Legal hoops? What do you mean? David Bier from the Cato Institute tried to make a chart and was successful

The system will not change until the market forces force it. It will stay complacent as it has nothing to lose.

They receive the full fee for one EB queue, juggle the visa dates using the patented retrogression tech, forcing applicants to file another redundant application in another queue (again with full fee), and then ask them to wait for eternity.

It’s good that Canada has taken the step of giving work permits. It should shake something.

Raj Karnatak, a long-time proponent of US immigration reform lists various things that the US might lose. Of course, there will be people who will say this is a drop in the ocean, but, it can certainly start the process of brain drain and will eventually make a big dent.

Canadian Opportunity

Many people have questions related to how will the Canadian system help get them the same or similar pay scale job in Canada.

Well, I do not have the answer to it but since the US immigration does not care to make any reforms for skilled immigrants, you have no other option either.

Ask yourself, what if you have no other way to get a green card than just keep waiting in the EB queues?

  • Will the job exist 10 years from now that’s the basis of your US i140?
  • What if AI completely eats up your job and then your GC is denied after a decade?

But, one thing I know is businesses are quick to adapt to the situation and move jobs where the talent is.

Not all jobs may move to Canada with the people but many will. That’s how the system works. As a matter of fact, many companies like Syndesus specifically serve this purpose. They move the person physically to Canada when the real employer is based in the US.

This helps Canada in the sense that it gets to keep the income tax in Canada and a possibility of completely moving the job and dependent occupations there in the future.

Canada is marketing itself as the near-shore option to the USA. It’s an opportunity for people who would love to stay in a developed nation within North America and still do not miss the career opportunities.

US Family GC applicants allowed EAD and Parole

The US immigration system has recently made changes to allow family-based green card applicants to get EAD and parole to enter and live in the US until their GC application is pending. They could have done the same for employment-based people who are waiting in backlogs but chose to ignore once again.


Written by Anil Gupta
  Anil Gupta  
Mentor | Immigration and Finance Journalism | Humor | Opinions are my own