Immigration Debate

Residing and working in Canada is the dream of people from all over the world. Canada welcomes thousands of legal immigrants each year coming from differnt parts of the world.

Immigration to Canada is the process defined by Canadian government by which people from all over the world migrate to Canada to reside permanently in the country. Many of them, but not all, become citizens of Canada after a specific period of time.

People have been migrating to the geographic area of Canada for hundreds of years, though ways of immigration to Canada varying time to time. After 1947, domestic immigration law of Canada went through a lot of major changes, most remarkably with the Immigration Act of Canada 1976, and the current Immigration and Refugee Protection Act of Canada from 2002.

There are three categories of immigrants in Canada:
1. Family class (Blood relatives of Canadian permanent residents or Canadian citizens)
2. Independent immigrants (Immigrated on the basis of skill, capital and labor-market requirements)
3. Refugees.

At present, Canada is known as a country with an extensive immigration policy which is reflected in Canada’s ethnic multiplicity. As per the 2001 census by Statistics Canada, Canada has 34 main ethnic groups with at least one hundred thousand members each, of which 10 ethnic groups have over 1,000,000 people and many others represented in smaller amounts.

Among ethnic groups of Canada, 16.2% of the population belonged to noticeable minorities: most noticeable among these are South Asian (4.0% of the population), Chinese (3.9%), Black (2.5%), and Filipino (1.1%). Other minorities are Irish (13.94%), German (10.18%) and Italian (4.63%), with 3.87% claiming Ukrainian origin 3.87% claiming Dutch origin and 3.15% claiming Polish origin.

Every year, Canada maintains a target of 250,000 immigrants from all over the world. In 2007, Canada received a total of 236,760 immigrants from all over the world. Among these, the top ten sending countries were; People’s Republic of China (28,896), India (28,520), Philippines (19,718), Pakistan (9,808), United States (8,750), United Kingdom (7,324), Iran (7,195), South Korea (5,909), Sri Lanka (4,068) and Colombia (5,382).

The top ten source countries were followed narrowly by France (4,026), and Morocco (4,025), with Romania, Russia and Algeria, each of them contributing approx 3,500 immigrants.

Pakistanis started immigrating to Canada in small numbers in the late 50s. Immigration regulations of that time gave liking to those Pakistanis who have higher education and specialized skills. Pakistanis who came to Canada throughout that period, generally had excellent qualifications.

Majority of that group was of those who went to Canada to earn, not to settle permanently, or students who planned to return their home country when their degree programs were being completed. Even as a large number of them went back, others were inherent in to turn into the founding members of the Pakistani-Canadian community.

Pakistani nationals in Canada were registered in degree as well as undergraduate programs firstly at McGill University in Montreal in 1949 and at the University of Toronto in 1958. By the mid-1950s, there were only 5 or 6 Pakistani families living in Montreal, Canada in addition to the Pakistani students in Canada. This was perhaps the prime population of Pakistanis in Canada at the time. All through the 50s, 60s and 70s most who arrived at Canada were young men went on study permit of Canada for graduate or specialized studies.

In 1976, Canadian Prime Minister initiated the Immigration Act. Since then, the figure of Pakistani immigrants raised dramatically, with hundreds in past and thousands in present, of Pakistanis entering in Canada each year. Today, a good number of Pakistani populations has established in Canada and enjoying their work and stay in Canada.

The author of this article is assisting people of all over the world who want to Immigrate to Canada The major focus of the author is to fight against fraudulent immigration consultants.

Thailand is well-known around the world as one of the most sought-after tourist destinations, owing to its rich cultural and ecological diversity. During your unforgettable visit to the Land of Smiles, you may find yourself craving for more of the Thai experience, thus opting for an even more extended stay in the country.

However, it is very important for you to keep in mind the basic guidelines for overstaying in Thailand so that you can avoid having problems with Thai immigration and enjoy the rest of your trip.

What is Overstaying?

Overstaying is the defined as the act of exceeding your allowable stay in Thailand beyond the validity of the immigration stamp or visa granted to you. As a foreigner, it is your duty to keep in mind the date of expiration of your stay in the country, and you are advised to leave Thailand prior before your permit of stay expires. Overstaying is an offense where only foreign citizens are held liable.

Consequences of Overstaying

Overstaying is penalized by Thai Immigration law. Technically this is a violation that is punishable even on the first day of overstay, but generally if you overstay for only one day, you need not pay a fine. A fine of 500 baht per day is charged beginning on the second day of overstay. The maximum fine for overstaying in Thailand is 20,000 baht and children can also be charged with overstaying if they are over the age of seven.

You can pay your fines for overstaying at the airport or at the nearest Thai Immigration office. The process takes less than ten minutes, and you can even pay your overstay fines in advance. While this is a very convenient option for tourists, keep in mind that overstaying is still a violation of Thai Immigration rules. The Immigration Police can still detain you until you can book your flight out of Thailand and it can be a very uncomfortable experience for you, so it will be best to avoid overstaying in Thailand unless very urgent situations call for this option.

Why You Need a Thai Visa

If you are really interested in taking a longer trip and explore more of the Land of Smiles, and even possibly explore employment and business opportunities in the country, it will be best for you to apply for a Thai Visa prior to your arrival in Thailand so as to avoid problems with Thai Immigration. It is recommended that you seek the assistance of a reputable Thai law firm, who may be able to discuss with you your options in your application for a Thai Visa. They may also be able to be a valuable resource of legal advice throughout your stay in Thailand.

The Latest Immigration figures are out and it shows that Mexicans have overtaken Indians as the largest group of non resident immigrants (or non-immigrants) to the US.

India has held that title for the last four years but has now has been overtaken by Mexico largely due to agriculture workers coming on the H-2A visa.

In 2008, there were more than 3.5 million foreigners coming to the US on non-immigrant visas. Mexico as mentioned was first with 440,099 followed by a close India with 425,826 admissions. India of course are dominated both by students on the F-1 visa and of course the many on the H-1B visa and the L-1 work visa.

This also shows the stereo-type of the illegal Mexican immigrant is not fully based on fact as these are all legal immigrants. Of course as has been suggested many times, many of the illegal immigrants probably would come legally if the H-2A visa program was expanded.

Japan was far behind in third with 257,401 visas followed South Korea (216,648 visas), UK (216,280 visas) and China (163,433 visas). These nations have strong numbers in the F-1 student visa for foreigners attending US universities and the J-1 cultural exchange visa for those doing Internships, practical training and exchange programs.

In terms of immigrants becoming US citizens the largest foreign nationals in 2008 original called home; Mexico (12%), India (12%), Japan (7%), South Korea (5.9%), and the UK (5.9%).

This group of 5 countries also represents more than 40% of resident non-immigrant admissions to the US

India has however increased the number of people here coming here on immigrant visas whereby they may have been sponsored by direct family members. Also the increased admissions from India came from academic student (F1) and intra-company transferee (L1) classes.

For instance in 2006, 309,501 Indians entered the US under various categories of non-immigrant visas, while in 2007 the figured increased to 403,106.

Between 2007 to 2008 the major increases in resident non-immigrant admissions occurred among citizens from China (19% increase), Mexico (16% increase), and India (5.6% increase).

The increase in admissions from China was largely accounted for by academic students (F1) and exchange visitors (J1). The increase from Mexico was primarily attributable to seasonal agricultural workers (H2A).

In terms of student visas (i.e. F-1 visa) the leading 5 countries were in 2008: South Korea (15%), China (11%), India (9.9%), Japan (6.8%), and Mexico (6.3%).

Just looking at the Top 10 countries, Japan and Britain had declining resident admissions from 2007 to 2008.

The decrease in admissions from the UK (4.4% decrease) was concentrated among workers in specialty occupations (H1B), while the decrease from Japan (4.3% decrease) was attributable to academic students (F1) and workers in professional employment (H1B).

Between 2006 and 2008, South Korea, China, and India showed consistent increases in F1 admissions, while admissions from Japan declined during the same period.

Temporary Work Visas and Employment-Based Green Cards

An individual may obtain a temporary visa to work or study in the United States, or he or she may obtain lawful permanent residency (green card) through one of five employment-based preference categories. Immigration attorneys can assist you with either your temporary work visa or your employment-based green card application.

Temporary Visas for Working

The H Visa Temporary Worker

There are several types of H visas for temporary workers. Each type of visa allows the individual to perform a specific job:

• H1B is for professionals who are coming to work in the U.S. in a specialty occupation (Professional visa and Fashion Models);
• H1C is for nurses who will work in particular positions;
• H2A is for agricultural workers;
• H2B is for non-agricultural workers (Unskilled Foreign Workers);
• H3 is for trainees; and
• H4 is the accompanying visa granted to the spouse and children under 21 years of age of the worker.
• TN Status: allows certain qualifying Canadian and Mexican citizens to temporarily work for an employer in the U.S. under NAFTA.

Learn more about the H Visa and other Temporary Worker visas through the U.S. State Department’s website

The E Visa

Only citizens and nationals of certain countries are eligible for this type of visa. A requirement for this visa is a treaty between the United States and the foreign country for trade or commerce. There are two types of E visas for working:

• E1 visa is for an individual who is doing substantial trade with the United States; and
• E2 visa is for an investor who is directing an investment

Learn more about Treaty Traders and Treaty Investors Visas through the U.S. State Department’s website

The L Visa Temporary Worker

The L visa is for temporary worker who is coming to work at a subsidiary of a foreign company. There are several types of L visas:

• L1 is for a manager or an executive;
• L1B is for someone with specialized knowledge;
• L2 is the accompanying visa that spouses and children under 21 years of age receive with the worker.

Temporary Visas for Studying - Student Visas

Look for important News Releases from the U.S. Immigration and Customs Enforcement about SEVIS

The F-1 Visa

This type of visa allows the student to study full-time at an academic institution such as a university, private school, or language institute.

Learn more about Academic Student Visas through the U.S. State Department’s website.

The J Visa for Exchange Trainees and Workers

The J visa is for temporary workers or trainees who are coming to work or train with an organization that has been approved for an exchange program under the J visa regulations.

Learn more about Exchange Visitor Visa (J Visa) through the U.S. State Department’s website.

Read about the Waiver of the Two-Year Foreign Residency Requirement for J Visa through the U.S. State Department’s website.

The M Visa

This type of visa allows an individual to attend an approved course of study leading to a specific educational or vocational objective and engage in full-course of study.

Learn more about the Nonacademic Student Visa (M Visa) through the U.S. State Department’s website.

Temporary Visas for Particular Occupations - O, P, Q, and R Visas

The O Visa

The O-1: Extraordinary Ability Artists/Entertainers, Business People, Scientists, Educators, and Athletes

The O-1 visa is available to foreign nationals of extraordinary or high achievement in the sciences, arts, education, business, or athletics as demonstrated by sustained national or international acclaim, or with regard to motion picture and television productions, a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation.

The O-2: Support Staff of Artists and Athletes

The O-2 visa is for an alien entering:

(1) for a specific event or events;
(2) who is an integral part of such actual performance;
(3a) has critical skills and experience with principal alien, which are not of a general nature or which cannot be performed by other individual; or
(3b) in the case of a motion picture or television production, has skills and experience with the O-1 alien that are not of a general nature and which are critical and the alien is essential to the successful completion of the production; and
(4) has a foreign residence that the alien has no intention of abandoning.

The P Visa for Athletes and Artists

This visa applies to an internationally recognized athlete performing at a major athletic event as an individual athlete or as part of a group or team and for an artist or member of internationally recognized entertainment group. There are several types of P visas:

• P-1 is for an athlete and athletic teams and entertainment groups;
• P-2 is for artists and entertainer reciprocal exchange;
• P-3 is for artists and entertainers integral to performance.

The Q-1 Visa

This visa applies to a foreign national entering the U.S. for the purpose of obtaining practical training, employment, and the sharing of history, culture, philosophy, and traditions of the alien’s home country.

The R-1 Visa

R-1 visa is for a foreign national with a religious profession, occupation, or vocation, for example, minister, professional holding degree or foreign equivalent degree, cantor, monk, evangelist, or nun.

Employment Based and Investor Immigrant Preferences

Employment-based immigration for lawful permanent residence falls under five preference cateogories:

• Priority Workers (persons of extraordinary ability, outstanding professors or researchers, and intracompany transfers of executives or managers):
• Members of the professions holding advanced degrees or persons of exceptional ability;
• Skilled Workers, professionals, and other workers;
• Special immigrants, including ministers and religious workers;
• Investors with the potential to hire ten U.S. workers.

Different criteria apply to each of these categories and substantial document preparation is required to successfully obtain residency based upon one of the employment-based immigraton categories.

Check the current Visa Bulletin priority dates for each of the employment-based categories, since not all categories have a current priority date.

Should you wish to obtain a temporary visa for working or studying, or obtain your lawful permanent residency through your employment, consult immigration lawyers.

The Latest Immigration figures are out and it shows that Mexicans have overtaken Indians as the largest group of non resident immigrants (or non-immigrants) to the US.

India has held that tile for the last four years but has now has been overtaken by Mexico largely due to agriculture workers coming on the H-2A visa

In 2008, there were more than 3.5 million foreigners coming to the US on non-immigrant visas. Mexico as mentioned was first with 440,099 followed by a close India with 425,826 admissions. India of course are dominated both by students on the F-1 visa and of course the many on the H-1B visa and the L-1 work visa.

This also shows the stereo-type of the illegal Mexican immigrant is not fully based on fact as these are all legal immigrants. Of course as has been suggested many times, many of the illegal immigrants probably would come legally if the H-2A visa program was expanded.

Japan was far behind in third with 257,401 visas followed South Korea (216,648 visas), UK (216,280 visas) and China (163,433 visas). These nations have strong numbers in the F-1 student visa for foreigners attending US universities and the J-1 cultural exchange visa for those doing Internships, practical training and exchange programs.

In terms of immigrants becoming US citizens the largest foreign nationals in 2008 original called home; Mexico (12%), India (12%), Japan (7%), South Korea (5.9%), and the UK (5.9%).

This group of 5 countries also represents more than 40% of resident non-immigrant admissions to the US

India has however increased the number of people here coming here on immigrant visas whereby they may have been sponsored by direct family members. Also the increased admissions from India came from academic student (F1) and intra-company transferee (L1) classes.

For instance in 2006, 309,501 Indians entered the US under various categories of non-immigrant visas, while in 2007 the figured increased to 403,106.

Between 2007 to 2008 the major increases in resident non-immigrant admissions occurred among citizens from China (19% increase), Mexico (16% increase), and India (5.6% increase).
The increase in admissions from China was largely accounted for by academic students (F1) and exchange visitors (J1). The increase from Mexico was primarily attributable to seasonal agricultural workers (H2A).

In terms of student visas (i.e. F-1 visa) the leading 5 countries were in 2008: South Korea (15%), China (11%), India (9.9%), Japan (6.8%), and Mexico (6.3%).

Just looking at the Top 10 countries, Japan and Britain had declining resident admissions from 2007 to 2008.

The decrease in admissions from the UK (4.4% decrease) was concentrated among workers in specialty occupations (H1B), while the decrease from Japan (4.3% decrease) was attributable to academic students (F1) and workers in professional employment (H1B).

Between 2006 and 2008, South Korea, China, and India showed consistent increases in F1 admissions, while admissions from Japan declined during the same period.

EB-5 preference category was created in 1990 for immigrants seeking to enter the United States to engage in a commercial enterprise that will benefit the U.S. economy and directly create at least ten full- time jobs. The minimum qualifying investment amount is $500,000 for commercial enterprises located within a rural area8 (or targeted employment area) and is otherwise $1,000,000.

Under the Canada Immigrant Investor program, introduced in 1986, foreign business persons establish eligibility by proving that they have identified managerial / business experience during two out of last five years preceding the filing of application, a net worth of at least CDN $800,000, and by affirmatively expressing that they are willing to deposit CDN $400,000 into designated government guaranteed securities for a period of five years.

Passive versus active Investment

Unlike the EB-5 program, the Canadian Immigrant Investor program is a PASSIVE program: a qualifying investor is not required to open a business, or hire and manage employees. Rather, the investment itself is assumed to spur significant economic activity and create jobs. In fact, post visa issuance, the applicant can carry out any activity in Canada, including but not limited to doing jobs and living off additional passive investments. Of course, he can do active business as well. If he does business, there are no restrictions on geographical area and location and nature of commercial activity and on any minimum number of employees that business must employ.

EB-5 program is NOT a passive investment program and is in fact expected to create proven employment that is generated through a viable and registered commercial enterprise. The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner in a limited partnership, which is properly structured and that conforms to the Uniform Limited Partnership Act. Having said so, this program is used by professionals, businessmen, people planning their children’s education and attend US colleges and Universities and seeking a good quality of life or seeking retirement in the USA. The EB-5 visa is a highly flexible program and permits the investor to what he wants, including seeking employment in USA.

Stage and timing of investment

Canadian Immigrant Investor program require investment AFTER the applicant’s documents and applications forms and narratives/ declarations as regards net worth accumulation and business experience have been reviewed by the Visa offices and he has been out through a selection interview. Making payments for immigrant investor program has its own costs, especially foreign exchange transactions and transfer costs not to talk about the need to liquidate once net worth and assets to arrange for liquid funds required for transfer. Thus, from applicants view point it makes sense to make funds transfer- to meet the requirements of qualifying investments- after his application has received provisional approval.

EB-5 case procedures requires an investor to FIRST make a qualifying investment, and then file a Form I-526 petition (and supporting documents) with USCIS. After this the U.S. Department of State’s National Visa Center will process the EB-5 immigrant visa through the local U.S. consular post with jurisdiction over the place of residence. The EB-5 immigrant visa is used to enter the United States, which commences the two-year conditional lawful permanent resident status. The applicant must thus be prepared for situations where - if his application is denied - he would have incurred irrecoverable expenses on foreign exchange transfer and then return. He might also have disposed off some valuable asset to arrange liquid funds in the first place and would be required to look for new investment assets. He should factor in expenses and costs and losses that he might incur while going through sale and purchase of assets. From the time that he makes the investments and time he receives the money back, he will need to factor in the lost interest in the process. In addition, he would loose the fee the he would have paid to the lawyer for applying for the application in the first place!

Conditional Versus unconditional green Card

EB-5 Visa is a conditional green Card and to start with, he will only get a two year conditional lawful permanent residence status. During the interim period he should be able to prove that the commercial enterprise in which his funds were invested met the conditions- especially related to creation of 10 new jobs on an ongoing basis. Should he not be able to meet the conditions, he will be asked to leave the country. This uncertainty about the likely continuity of the status is one of the key reasons why less than 10% of the annual quote for EB-5 category is used every year.

Successful applicants for Canada Immigrant Investor program get UNCONDITIONAL permanent resident status from day one of landing. It is comparable to the status the applicant gets under EB-5 program, after two years and subject to removal of conditions attached to his visa. The program is thus more certain and enables the applicant to appropriate plans vis-à-vis family and business relocation or expansion and also new investments.

Minimum investment

The minimum amount of investment required under the EB-5 program is USD 500,000 and under the Canada Immigrant Investor program it is CAD 400,000. At current exchange rates, it implies that the investment required is almost 50% more under the EB-5 program.

Loan Facility by Financial Institutions

The Canada Immigrant Investor program permits mandated financial institution to provide loan facility towards meeting the investment requirements. The program permits to make a margin money payment of as low as CAD 120,000 and balance being financed by financial institutions. This creates an excellent opportunity for the applicant as it enables him to meet the program requirements at least opportunity cost.

Documentation

When compared with Canada Immigrant Investor program, the documentation requirements are more extensive and subjective under the EB-5 program and persistent request of evidence- after filing of application- leads to inordinate delays in its processing.

Costs, extent of loss or opportunity of profit

The investment under the EB-5 program is an actual investment in a running commercial enterprise. The investment is subject to normal business situations and the enterprise may or may not make money. If the business looses money, the investor will loose his share of money as well. There is no limit to the amount of money that the business and therefore he may loose. Of course, he will make money if the business makes money. In such a case, there is no limit on the amount of money that the business and therefore he may make. The bottom line is that the investor applicant must be prepared to either of the situations.

Canada Immigrant Investor program has costs that can be identified. The applicant makes an interest free investment of CAD 400000 and the interest that he looses becomes his cost. When he goes for the finance option, the interest that he pays on the financed amount becomes his cost. Either way he knows his cost for taking residence visa under this program.

Administrative fee

In case of EB-5, Majority of the regional center investments require the applicant to pay an administrative fee of (normally) around USD 50,000. This is besides the investment of USD 500,000. In case the application is refused, for any reason, major part of this fee and in some case the entire fee paid under this head is non-refundable.

Under Canada Immigrant Investor program, the applicant incurs costs towards application processing fee to Governmental offices. A typical family consisting of applicant, spouse and two dependent children may incur a cost of around CAD 6000. This fee is non-refundable. In addition he may incur a professional and consultant fee expense of around CAD 5000. Majority of reputed consultants refund this consulting fee - in full or majority - if the application is refused.

Dependent definition

USA permits dependent less than 21 years to be considered as part of the application under EB-5. Canada permits dependents less than 22 years to be part of the application. Canada permits dependents above 22 years to be part of the application so long as children are full time students in a accredited and Government recognized institute

Summary

In Brief, both are good and attractive program but over the years Canada Immigrant Investor program has become more acceptable due to its simplicity and established procedures. Decision making is easier for the case officers due to available past precedents to refer to and compare new applications with.

EB-5 program is still evolving and is preferred route for extreme high risk wealthy individuals and families.