Canada’s overhaul of immigration must include a dedicated program for high-skilled workers 

Dose of reality:

…Some business leaders are dubious that the U.S. overhaul of the H-1B visa program is creating an opportunity for Canada.

“The United States uses immigration and visa policies to strengthen its economic and work-force advantage,” said Jim Balsillie, the former chair and co-chief executive of Research In Motion, which is now known as BlackBerry.

Mr. Balsillie, speaking at The Globe and Mail’s Building Canada’s Workforce event on Wednesday afternoon, noted that Mr. Trump’s “strategic use of visas” includes the TN category for trade professionals and the O-1 tier for individuals with extraordinary abilities and achievements.

“I can make a case that the recent H-1B changes actually hurt Canada because TN and O-1 visas are more attractive for many reasons,” he said.

He argued that America’s H-1B changes could exacerbate Canada’s brain drain if the U.S. looks north to fill the gap by seeking new talent in sectors such as artificial intelligence, life sciences and quantum computing.

Here’s another hard truth. If high-skilled immigrants treat our country as a way station to the U.S., it’s our own fault.

Ottawa has known for years that preferred candidates are getting lost in the immigration queue because they are competing with international students for a limited number of permanent-resident spots, said Stephen Green, managing partner at immigration law firm Green and Spiegel LLP.

As he points out, those foreign students have a Canadian education but minimal work experience. Trouble is, our immigration system skews heavily toward younger people….

Source: Canada’s overhaul of immigration must include a dedicated program for high-skilled workers

ICYMI: The Lasting Legacy Of The U.S. Immigration Bill Raising H-1B Visas

Will be interesting to see how the dynamics play out between Citizen Musk, whose various companies likely employ a number of people with H-1B or who arrived in the US with them, and the hardliners of Miller and Homan:

The Immigration Legacy Of The H-1B Increase In The 2004 Bill

The legacy of the 2004 bill remains mixed. By becoming law, the bill has allowed up to 400,000 graduates of U.S. universities to gain H-1B status and remain to work in the United States. Many of these individuals have likely become U.S. citizens and contributed to the American economy as professionals, researchers and entrepreneurs.

Over the past two decades, employers have paid more than $6 billion in H-1B fees that have funded approximately 100,000 scholarships for U.S. students in science and technology fields and job training for U.S. workers, according to an NFAP analysis.

Despite the 20,000 exemption for advanced degree holders, the H-1B annual limit has remained inadequate. The 85,000 annual limit (65,000 plus the 20,000 exemption) equals only 0.05% of the U.S. labor force. According to USCIS, the agency received H-1B registrations for 442,000 unique beneficiaries for FY 2025, five times more than the 85,000 ceiling. That means USCIS, in effect, was forced to block 300,000 to 350,000 high-skilled foreign nationals from working in the United States in 2024 due to the annual limit under U.S. law.

Research by economist Britta Glennon concluded restrictions on H-1B visas result in more jobs leaving the United States. Economist Giovanni Peri and colleagues found that the H-1B annual limit has prevented employers from creating hundreds of thousands of jobs for U.S. workers, including by discouraging investment.

Since 2004, immigration reform bills have included liberalizing reforms for business immigration on H-1B visas and employment-based green cards. Those bills failed to become law. In some cases, it was due to disagreement over addressing the fate of individuals living in the country in unlawful status in comprehensive legislation.

During the Trump administration, new restrictions resulted in skyrocketing H-1B denial rates and many costly Requests for Evidence for companies until a legal settlement compelled Trump officials to end actions that judges found unlawful. A second Trump administration could enact those or other policies to restrict employer access to high-skilled foreign nationals.

While some have blamed “Congress” for the lack of additional immigration legislation, it is individual members who often prevent a bill from becoming law. In 2022, in what became the CHIPS and Science Act, the Democratic majority in the House passed a startup visa and an exemption from annual green card limits for foreign nationals with a Ph.D. in science and technology fields and those with a master’s degree “in a critical industry.” However, Sen. Charles Grassley (R-IA), then the ranking Republican on the Judiciary Committee, blocked the provisions from becoming law in a conference committee. In January 2025, Grassley is expected to resume his position as chair of the Senate Judiciary Committee.

Source: The Lasting Legacy Of The U.S. Immigration Bill Raising H-1B Visas

Trump H-1B Visa Wage Rule Gives Clue To Second-Term Immigration Policy

Of note:

A Trump administration rule in 2020 designed to price H-1B visa holders and employment-based immigrants out of the U.S. labor market offers clues to U.S. immigration policy if Donald Trump wins in November. Although blocked on procedural grounds, the rule alarmed companies by boosting the required minimum salary for foreign-born professionals far beyond the pay of similar U.S. employees. The rule may give pause to those who expect a second Trump administration to be different from the first one on business immigration.

How The Trump Rule Aimed To Price Immigrants Out Of The U.S. Labor Market

On October 8, 2020, the U.S. Department of Labor published a rule that significantly raised the minimum wage required for employers to pay H-1B visa holders and employment-based immigrants. Currently, the law requires employers to pay H-1B professionals the prevailing wage or actual wage paid to similar U.S. workers, whichever is higher. Employment-based immigrants need a prevailing wage determination for employers to sponsor them for permanent residence. Despite no change in the law, the Trump administration wrote a regulation that caused the salaries required to be paid to foreign-born scientists and engineers to skyrocket.

After the rule was published, immigration attorneys discovered Trump officials had directed DOL to “hijack” the mathematical formula used to determine prevailing wages. After changing the formula, the rule required employers to pay high-skilled foreign nationals far higher than the market wage. That became clear when private sector salary surveys were compared to federal government wage determinations under the Trump rule.

The prevailing wage is “the average wage paid to similarly employed workers in a specific occupation in the area of intended employment,” according to the DOL website. “That means statistics, not politics, should control the prevailing wage,” said Kevin Miner of Fragomen when the rule was published. “The new DOL regulation artificially pushes the prevailing wage well above what the data shows it to be.”

Close examination found many cases under the rule when hiring an H-1B visa holder or sponsoring a foreign national for permanent residence would likely become impossible….

Source: Trump H-1B Visa Wage Rule Gives Clue To Second-Term Immigration Policy

Bad News For Employers, Immigrants And H-1B Visas In Second Trump Term

Of note. May be one of the only benefits for Canada, drowned out by likely negative impact on our economy:

A second Donald Trump term would bring new restrictions on legal immigration that would affect employers and likely drive more work and tech talent out of the United States. Trump’s actions during his first term, his rhetoric during campaign rallies and statements by allies signal unwelcome news for companies that rely on foreign-born scientists and engineers to grow and innovate. With Donald Trump winning the Iowa Caucus and leading Joe Biden in some polls, employers may wish to include the prospect of a Trump presidency in their contingency plans.

H-1B Visas Would Face New Restrictions

If Donald Trump becomes president again, companies should expect new restrictions on employing foreign-born scientists and engineers in H-1B status. After he took office in 2017, Trump’s immigration policies increased the denial rate for H-1B petitionsfor initial employment (typically new employees counted against the annual H-1B cap) to 24% in FY 2018 and 21% in FY 2019. In 2020, a legal settlement forced U.S. Citizenship and Immigration Services to end several practices, causing denial rates to plummet to 2% by FY 2022.

H-1B petitions for continuing employment rose to 12% in FY 2018 and FY 2019. Those petitions were usually extensions for existing employees at the same company. The denials caused employees who could not obtain extensions to leave the United States. The legal settlement resulted in H-1B petitions for continuing employment to decline to 2% by FY 2022.

If Trump officials in a new administration directed USCIS adjudicators to act more restrictively, denial rates would increase. Even successful lawsuits could leave employers with the policies in place for years, which happened after Trump officials restricted H-1B petitions in 2017.

In a second term, Trump’s team could return to its H-1B interim final rule published in 2020 (after solving its procedural issues). A lawsuit stopped the rule on procedural grounds. The administration tried to publish parts of the rule again before Donald Trump left office.

Source: Bad News For Employers, Immigrants And H-1B Visas In Second Trump Term

Canada’s ploy to use U.S.-trained immigrants to surpass American innovation

Good explainer and advocacy:

The U.S. engages in the global innovation race every single day. From artificial intelligence to nuclear technology and net-zero ambitions, cutting-edge innovation is crucial to protecting the U.S.’s economic wellbeing and security. According to the Global Innovation Index, the United States falls behind Switzerland, ranking second for the most innovative economies in the world.

Yet our biggest competition comes from the countries ranking behind us. China and South Korea are rapidly rising through the ranks, nearing ever closer to overtaking American innovation. And thanks to our ongoing immigration failures that drive talented immigrants away, Canada is also close in the rearview mirror.

This month, Canada launched a new visa specifically for individuals already holding an American H-1B visa. Less than 48 hours after the launch, 10,000 applicationswere already submitted. H-1B visas are issued to foreign workers who U.S.-based employers sponsor to fill specialty occupations. These workers are educated and highly sought-after, and the demand for them far outpaces visa availability.

Most H-1B visas are issued on a lottery basis, and Canada has often been the second-best destination for companies and individuals failing to secure a spot. However, the new Canadian visa isn’t targeted to these unsuccessful applicants–rather, it aims to entice those who were selected and now work in the U.S.

Although Canada has long  benefited from the international appeal of its southern neighbor and from our immigration system’s inability to retain the talent we attract and produce, this new visa is the most overt attempt yet to lure away valuable U.S. employees.

It demonstrates that Canada recognizes what the U.S. still does not: immigrants are among the most creative and innovative members of our society. They patent more inventions and start more businesses per person than native-born citizens. And when armed with a U.S. university degree or experience at a U.S. company, their value skyrockets–increasingly, to Canada’s benefit.

Canadian Versus U.S. Programs

In designing its visa, Canada took the general parameters of the H-1B and made them even more attractive.

Like the American H-1B, the Canadian visa offers employees an initial stay of three years. Unlike the U.S., Canada will offer these workers open work authorization, allowing them to work for nearly any employer anywhere in Canada. While only some spouses of H-1B workers are eligible for work authorization in the U.S, Canada’s program will allow all spouses and dependents to apply for work or study permits.

The Canadian program outshines the H-1B chiefly because it offers a much more accessible route to permanent residence. After just one year of full-time eligible work experience, workers can apply for many permanent residence pathways available to them.

One of the most direct and widely used pathways, the Express Entry program, does not require employer sponsorship, boasts processing times of 6-12 months, has no country caps, and costs just over $1000.

On the other hand, transitioning from H-1B status to employment-based permanent residence in the U.S. requires employer sponsorship, is subject to country and annual caps, can take years to obtain, and, at a minimum, costs well over $2000.

While the worker benefits of the Canadian program are indisputable, the program is likely to be lucrative for Canada as well.

American Economic Loss Is Canada’s Economic Gain

Canada has repeatedly opened its doors to companies and employees stalled by the American immigration system, and while company profits may still flow southward, even remote workers boost economic activity in Canada by contributing in tax and local consumption.

Even when accounting for money sent abroad or home to other relatives, an estimated 85% of migrant worker earnings are reinvested in the local economy. For instance, an employee earning the average H-1B wage of $126,000 may invest over $107,000 in taxes and local expenditure, adding up to nearly $47 billion for the whole population of FY2022 approved beneficiaries. If these individuals instead worked remotely from Canada, that $47 billion would likely be spent there, even if the company headquarters remained below the border.

With the introduction of this new program, however, the employees the U.S. loses will be free to terminate their relationship with the American company that sponsored their H-1B. They will have nearly free choice to work for any employer operating in Canada, whether that company is Canadian, American, Chinese, or other.

The U.S., therefore, is poised to lose not only the taxes and spending of these individuals but also the crucial knowledge they accumulated while working here. Sixty-six percent of H-1B beneficiaries approved in FY 2022 were employed in computer-related occupations. The technology they learned and mastered in the U.S. will fuel innovation in Canada and the companies working within its borders.

The Canadian program aims to recruit only 10,000 H-1B holders this year. Still, that amounts to  nearly 12 percent of our annual H-1B cap–or as applied to the above model of income reinvestment, over $1 billion in spending power. Without these specialty workers and their economic and innovative contributions, the U.S. is likely to fall behind.

This visa is set to compound the brain drain already siphoning American-trained talent across our northern border.

While there are many ways to promote innovation, one of the primary weaknesses of the American economy according to the Global Innovation Index is our underwhelming production of STEM graduates. International students in the U.S. are much more likely to study STEM fields, and when the H-1B lottery does not play in their favor or permanent sponsors do not materialize, these students often turn to Canada, further slashing our already subpar numbers. This is already playing out as we recently lost nearly 40,000 foreign graduates through Express Entry alone. The new H-1B visa pathway will only expand that trend.

With this new visa, companies may also choose to offshore employees to Canada more aggressively to bypass the long waits and limited capacity of the U.S. Even entrepreneurs may choose to found their startups in Canada, rather than in the U.S., to facilitate easier access to necessary talent. The next Google or Tesla could begin in Canada. A one-year highway to permanent status seems like a more reliable business foundation than endless waitlists and lotteries with uncertain outcomes. Even so, these possibilities are just the tip of the iceberg in terms of what the U.S. could lose with the launch of Canada’s latest poaching visa.

If we don’t act before Canada entices away even more valuable talent, we are putting our  innovative and economic advantage at risk. Much of Canada’s strategy hinges on human capital that we educate, train, and discard thanks to our flawed immigration system. As such, we should respond by creating an immigration system that can rival Canada’s. It must be accessible, affordable, and functional–a far cry from our current reality.

Source: Canada’s Ploy to Use U.S.-Trained Immigrants to Surpass American …

H-1B Visa Holder Applications Overwhelm Canada’s New Program

Victim of its success in terms of interest, success and outcomes to be determined but aligned with productivity objectives:

Canada’s new program to entice H-1B visa holders to the country attracted so many applications that the 10,000 limit was reached in less than 48 hours. The response is likely a warning sign to U.S. policymakers that many highly sought foreign-born scientists and engineers in the United States are dissatisfied with the U.S. immigration system and seeking other options. Canada may reopen the program and accept more applications if it finds not all applicants are approved and entered the country to work.

On June 27, 2023, Minister of Immigration, Refugees and Citizenship Sean Fraser announced Canada’s “Tech Talent Strategy,” including a new program to provide open work permits for 10,000 H-1B visa holders. Only the principals would count against the limit, although spouses and children 16 or older would be eligible to work. In the United States, typically, only the spouses of H-1B visa holders with pending green card applications receive employment authorization.

“As of July 16, 2023, H-1B specialty occupation visa holders in the US, and their accompanying immediate family members, will be eligible to apply to come to Canada,” according to a Canadian government Backgrounder. “Approved applicants will receive an open work permit of up to three years in duration, which means they will be able to work for almost any employer anywhere in Canada.”

The online application process for H-1B visa holders started on July 16th, but on July 17th potential applicants received a message stating: “You can no longer apply: We reached the cap of 10,000 applications for this initiative on July 17, 2023.” Analysts consider this an overwhelming response.

Will Canada Reopen The Application Process For H-1B Visa Holders?

Attorneys believe Canada may reopen the application process after it determines the number of individuals who applied and did not follow through in coming to Canada.

“What normally happens is, after you fill out your forms, they say, congratulations,” said Peter Rekai, senior partner of Rekai LLP in Toronto. “If you’re a person who needs a visa, you submit your passport. If they don’t submit their passports, you know those positions have not been used, and they have opted out. If they do submit their passports and they get a visa stamp in it and the work permit authorization, then they have to cross the border with the authorization. If they don’t cross the border with the authorization, it doesn’t become active. The government would then be able to determine how many people actually activated these work permits.”

Source: H-1B Visa Holder Applications Overwhelm Canada’s New Program

Opinion For proof of the U.S. immigration system’s dysfunction, look to Canada

Interesting take and further illustration of dysfunction (which largely works to Canada’s advantage):

To attract talented tech workers, Canada will soon offer 10,000 work permits to foreigners who are now in the United States on H-1B visas. This might be the first time any country has created an immigration program that hinges entirely on another country’s system.

This suggests that the Canadian government holds two opinions of U.S. H-1B visas: That they are good at attracting the world’s most talented immigrants. And that the ultimate value proposition to prospective immigrants is so weak long-term, that, given the option, many H-1B visa holders will head north to Canada.

The H-1B visa’s weakness lies in the way it is tied to employment. When jobs disappear, the workers have no path toward permanent residency. If they cannot find another H-1B job within 60 days, they have to leave the country.

Finding a job that can sponsor an H-1B visa within 60 days is not easy, even under normal circumstances. When U.S. companies laid off more than 310,000 workers in 2022 and 2023, it became harder still, especially for tech workers. Last November, Meta alone laid off 11,000 workers. More than 15 percent of Meta’s workers have H-1B visas.

About 50,000 people had their H-1B visas revoked due to loss of employmentbetween October 2022 and April 2023, according to the U.S. Citizenship and Immigration Services (USCIS), and, among them, about 12,500 did not transfer their visas to some other legal status. In other words, they either left the United States or remained without documents.

This is a population of immigrants that the United States should want to keep. Most work in computer-related jobs. Others work in jobs that require specialized skills, such as doctors, professors, accountants and managers.

A bachelor’s degree or its equivalent is required to get an H-1B visa, making visa workers more educated than the U.S. population in general.

The exodus of H-1B workers did not start with the recent layoffs. Living as an H-1B worker has long been unstable and risky, especially for those born in India, who make up more than 70 percent of H-1B visa recipients every year. Because of America’s country-based green card quota system, Indians on H-1B visas have almost no path to permanent residency even after years of studying and workingin the United States. A change of president, an economic slowdown, or sudden layoffs can push them to abandon lives they have been building for years.

Both U.S. political parties have tried and failed to remove the country-based green card quota. As a short-term fix, many lawmakers and industry advocateshave urged the USCIS to extend the 60-day grace period after loss of employment to 120 days. But the agency says it would take more than a year to go through the required rulemaking process — too long to benefit immigrants who are already at risk of losing their legal status.

The Canadian government has been able to act faster. Indeed, it is already benefiting from U.S. visa restrictions. Since 2020, Vancouver and Toronto have seen the largest high-tech job growth in North America, outpacing Austin, Seattle and every other U.S. city. H-1B holders who move to Canada will receive open work permits for three years, allowing adequate time to find jobs without deportation worries. And rather than wait decades for a U.S. green card, skilled workers can get permanent residency in Canada in less than a year. Canada will also issue open work permits to spouses of H-1B workers; in the United States, only spouses of those who have an approved green card application are allowed to work.

The Biden administration launched a directive last year aimed at attracting immigrants trained in STEM fields: science, technology, engineering and mathematics. But the H-1B system is holding the United States back. The loss of H-1B workers to Canada this year might not hurt the U.S. economy too much on its own, but if the immigration system for skilled workers is not fixed, the damage will accumulate and set back U.S. innovation for years to come.

Source: Opinion For proof of the U.S. immigration system’s dysfunction, look to Canada

Canada gets ‘more aggressive,’ launches bid to attract high-tech nomad workers from U.S., abroad

Good initiative. One that has a clear productivity/per capita GDP objective, unlike many other recent initiatives. Getting extensive coverage in Indian press as well as in USA:

Ottawa is trying to attract more high-skilled workers by launching a program in mid-July to allow about 10,000 H-1B visa holders in the United States to work in Canada.

The H-1B visa allows companies in the U.S. to employ foreign workers in specialized job categories, such as in the technology sector, which has laid off at least 150,000 workers in 2023 so far, according to data from Crunchbase.

“We have been watching very closely what’s been going on in the United States. Where we have seen a public narrative around layoffs, we have been having private conversations about opportunities,” Minister of Immigration, Refugees and Citizenship Sean Fraser said at the Collision conference, a tech event in Toronto on June 27.

Approved applicants will receive an open work permit of up to three years.

The minister also said Canada would launch its “digital nomad strategy” to allow people who work for a foreign employer to live in Canada for up to six months.

“(They can) live in this country and should they receive a job offer while they are here, we are going to allow them to continue to stay in Canada,” he said.

Canada has recently taken several steps to tackle its labour shortage, from increasing immigration targets to changing the existing system to bring in more newcomers.

The number of job vacancies in Canada in 2022 averaged 942,000, two-and-a-half times the average of 377,000 in 2016, according to Statistics Canada.

The substantial growth in the number of job vacancies recorded during this period suggests the economy is battling a labour crunch. But Statistics Canada in a report on May 24 said “employers’ difficulties to fill job vacancies requiring high levels of education cannot, in general, be attributed to a national shortage” or local shortage of highly educated job seekers.

The agency said vacancies may arise because of a mismatch between the skills required by employers and the skills possessed by highly educated job seekers. A labour crunch, however, has been observed for jobs requiring a high school diploma or less education since 2021.

Fraser said the country will launch a new pathway for permanent residency for workers in the fields of science, technology, engineering and mathematics, and make it easier for people to immigrate to Canada under the Start-up Visa program, which allows newcomers to become permanent residents by starting a business that creates jobs for Canadians.

The announcements are part of Canada’s first-ever “Tech Talent Strategy,” the immigration ministry said in a statement.

The information and communications technology sector employed nearly 720,000 workers and accounted for more than 44 per cent of all private research and development spending in Canada in 2021, the ministry said. The sector was also responsible for more than 15 per cent of Canada’s overall gross domestic product growth between 2016 and 2021.

The Business Council of Canada, an association of about 150 companies, including Microsoft Canada Inc. and Google Canada, said the federal government’s new announcements were a step in the right direction.

“Specialized talent is needed not just in the tech sector but across the Canadian economy,” Trevor Neiman, the association’s director of digital economy, said. “The move shows that the government is changing its attitude a bit around retention. They have been more aggressive on the international stage to attract talent.”

In a separate announcement, the Ontario government said it would invest $1.3 million to train 54 women, newcomers and others from underrepresented groups for in-demand careers in the trucking sector. The province said it needs about 6,100 truck drivers to fill job vacancies.

Source: Canada gets ‘more aggressive,’ launches bid to attract high-tech nomad workers from U.S., abroad

H-1B: Feds want criminal charges over application fraud for Silicon Valley’s favorite visa

Not all too surprising given the incentives:

Federal authorities say they plan to seek criminal prosecution of fraudulent application schemes for H-1B visas, which are heavily used by Silicon Valley technology companies to obtain foreign workers for a range of jobs.

Evidence gathered while processing skyrocketing H-1B applications over the past two years led to “extensive fraud investigations” over false claims of jobs for proposed visa recipients, the U.S. Citizenship and Immigration Services reported last week. The agency said it was preparing to refer cases to law enforcement for prosecution.

Not only has the number of applications risen sharply — from about 301,000 in 2022 to 474,000 in 2023 to 759,000 for next year — the agency has seen many more cases of multiple companies submitting initial registrations for the same worker, the agency said in an online update Friday.

Some companies “may have tried to gain an unfair advantage by working together to submit multiple registrations on behalf of the same beneficiary,” the agency said. “This may have unfairly increased their chances of selection.”

The most recent research, by the Bay Area Council, showed nearly 60,000 foreign citizens were approved to work for Bay Area companies under the H-1B in 2019. The businesses targeted for prosecution were not identified by name, so it remains unclear whether any are in the Bay Area.

The lottery-based H-1B program issues 85,000 new visas each year. Intended for workers with specialized skills, the H-1B is commonly used to acquire talented foreign technologists, but data show it has also been widely used to hire cheaper labor, which is not the stated intent of the program. A 2020 report by the left-leaning Economic Policy Institute concluded that 60% of H-1B jobs certified by the U.S. Department of Labor were assigned wage levels well below local median pay for the occupation.

“It’s incredibly profitable to hire an H-1B worker instead of an American because they’re cheaper,” said Ron Hira, a Howard University professor who co-authored the institute’s report.

Immigration Services said it was pushing for criminal prosecutions in cases where companies applying for an H-1B visa did not have an actual job for the proposed recipient, as is required under the H-1B program, but falsely attested that they did.

Under changes made in 2020 by the administration of former President Donald Trump, initial H-1B applications have been replaced by a “registration” system and become far less costly. The registration process, which produced the 759,000 initial applications for next year, requires only a $10 payment. Applicants only pay the full application fees if their registration is selected during the lottery.

The lottery system itself lies at the root of the problem of U.S. companies, including Silicon Valley technology giants, using the H-1B to drive down wages and obtain cheaper foreign workers, Hira said. Citizenship and Immigration’s move against companies allegedly making false attestations would not be necessary if a plan developed under Trump and shelved by the administration of President Joe Biden, to replace the lottery with a system prioritizing the highest pay, were put in place, Hira said. “It would solve this problem,” Hira said. “It would also clean up the rest of the abuse. Our government is a train wreck when it comes to these programs. They have the ability to fix things. Businesses don’t want change.”

The Bay Area Council, which represents major Silicon Valley companies, has opposed the wage-prioritization rule but said the lottery-based H-1B allocation could be combined with minimum requirements for wages.

Citizenship and Immigration, describing the H-1B program as “an essential part of our nation’s immigration system and our economy,” said it was working on a new rule that would bolster the application process “to reduce the possibility of misuse and fraud in the H-1B registration system.”

On Monday, Jon Baselice, vice president of immigration policy at the U.S. Chamber of Commerce, said the group opposes wage-based H-1B allocation because it would give unfair advantage to companies that must pay higher wages to compensate for higher costs of living. “The current lottery-based allocation is not perfect, and we stand ready to work with the administration and our members on ways to improve the process,” Baselice said

Source: H-1B: Feds want criminal charges over application fraud for Silicon Valley’s favorite visa

Previously unreported data: the U.S. lost 45,000 college grads to Canada’s high-skill visa from 2017 to 2021

Of note, Canadian advantage in play:

Despite having some of the best universities and training programs in the world, the U.S. struggles to retain high-value international students, thanks to our outdated immigration system. Canada has historically been one of our competitors for talent, and new data obtained by the Niskanen Center demonstrates just how stark this problem has become. To remain competitive in the global market, the U.S. must find ways to prevent the continued loss of domestically-trained talent.

The data demonstrate that Canada is eager to profit from the valuable training of our graduates and can do so by taking advantage of the systemic shortcomings that often render our labor market inaccessible to these foreign students.

Niskanen recently obtained previously unreported (and still unpublished) data from the Canadian immigration office’s Statistical Reporting Group detailing top Express Entry applicants’ educational and citizenship backgrounds. Express Entry is Canada’s recruitment arm for skilled talent worldwide. Recipients can pursue permanent residence in Canada without requirements for employer sponsorship or secured employment. Express Entry applicants must demonstrate their language skills, educational credentials, and work experience and are then ranked as a part of Canada’s point-based system. Only the top applicants are invited to seek permanent residence.

According to the data we obtained, between 2017 and 2021, approximately 45,000 invitations went to skilled workers who received their postsecondary education in the U.S–88 percent of whom were not U.S. citizens.

This is especially disconcerting because many international students at American universities do want to work in the U.S. after graduation. What’s more,the U.S. desperately needs these students. Still, our outdated immigration system makes employing them unnecessarily difficult.

One of the most common pathways for international students to remain in the United States is Optional Practical Training, followed by a bid in the H-1B lottery. Unlike Express Entry, success in the H-1B lottery is not based on merit, but on a random selection of petitions chosen for adjudication. The most recent rate of selection was about one in four, meaning that nearly 75 percent of H-1B hopefuls never had the chance to put their credentials before U.S. immigration officials.

This lottery and the overall capacity restraints of the immigration system put the U.S. at a distinct disadvantage. We invest in educating and training thousands of international students every year, often with incredibly valuable skill sets. But then we don’t offer opportunities for these skilled individuals to stay and contribute to our economy after graduation–despite the high demand from employers. This amounts to our loss, and Canada’s gain.

Since 2013, Canadian companies have regularly run billboard advertisements in Silicon Valley to target foreign talent frustrated by the American immigration system’s limitations. These billboards are straightforward: “H-1B Problems? Pivot to Canada.”  Though they target individuals, companies are also responding.

According to Envoy Global’s 2022 Immigration Trends Report respondents, 71 percent of American employers are pursuing global strategies to retain talent that couldn’t obtain U.S. work authorization, with Canada being the top destination for employee relocation.

This is a win-win scenario for Canada. Immigrants arrive ready to work with highly sought-after skills, contribute to the Canadian economy in tax and consumption, and fill — or create — jobs that can stimulate further economic growth.

While international students make up less than 5 percent of all higher education enrollees in the U.S., they are vastly overrepresented in our most crucial fields. For instance, in electrical engineering, petroleum engineering, and computer sciencegraduate programs, approximately 80 percent of students are foreign-born. When the U.S. fails to provide ample and accessible visa pathways for these students after graduation, they take their valuable skills elsewhere–to our competitors’ benefit, and to our detriment.

This new data spells out in stark numbers what we had already reasonably deduced: that the U.S. is in the midst of a brain drain, and Canada is reaping the benefits as talent moves elsewhere to put their critical skills into practice. The U.S. must respond promptly by providing ample and viable visa pathways that can protect the educational investments made in these students.

Source: Previously unreported data: the U.S. lost 45,000 college grads to Canada’s high-skill visa from 2017 to 2021