Obstacles for H1B Immigrants in Canadian Family Sponsorships

Immigrant skilled workers, especially those eligible under the U.S. H1B work visa program, often prioritize family considerations. For individuals like Ayon De, an Indian skilled worker who initially pursued an MBA in the United States and later transitioned to Canada for permanent residency due to quicker processing times, family sponsorship holds significant importance.

De's journey highlights the complexities of family sponsorship in Canada compared to the United States. Despite Canada's reputation for inclusivity and pro-immigration policies, navigating the sponsorship process for parents can be challenging and uncertain. Unlike the U.S., where citizens can petition for their parents' migration after obtaining citizenship, Canada's policies present a fragmented landscape.

Ayon De's experience underscores these challenges. Having entered Canada in 2018 and expecting his first child in 2019, De invited his parents for a temporary visit using the Canadian Super Visa for parents. However, when considering sponsoring them for permanent residency, De faced financial eligibility requirements, falling short of the minimum income threshold in his 2019 Canadian Tax return. Although he could have supplemented his income with earnings from the United States, he decided to postpone his application until the following year.

In 2020, enthusiasm for parental sponsorship surged, resulting in over 200,000 submissions. Immigration, Refugees and Citizenship Canada (IRCC) froze the pool and began drawing from it, leaving subsequent entries, including De's 2021 submission, in limbo. Since then, only entries from the 2020 pool have been processed, delaying sponsorship applications for many.

Canada's Parents and Grandparents Program has evolved since 2013, introducing improvements such as a lottery and pooling system. However, the process begins with the "Interest to Sponsor" form, allowing anyone to submit without upfront eligibility verification. As demand exceeds available entries each year, a backlog builds up, further complicating the sponsorship process for immigrants like Ayon De.

In summary, while Canada's immigration policies aim to attract skilled workers and promote family reunification, the reality for H1B immigrants like Ayon De reveals significant hurdles in sponsoring family members. The fragmented landscape, coupled with backlogs and eligibility requirements, underscores the need for reforms to streamline the sponsorship process and ensure fairness for all applicants.