Monthly Archives: July 2016

Foreign Born Researchers Tips For Immigration

Becoming a lawful permanent resident and obtaining a green card is the goal of many foreign-born scientists who come to the United States to study and conduct research. Unfortunately for would-be immigrants, U.S. immigration law is confusing, and much of it is based on the premise that U.S. workers need to be protected from the competition of would-be immigrants.

Fortunately, the law recognizes that scientists are different from other foreign-born workers, and special immigration options exist for highly qualified scientists. Under current immigration law, three specific Immigration Petitions are appropriate for highly qualified scientists and researchers, and there are a few steps foreign-born researchers can take to improve the chances of their petition being approved.

Labor Certification

In order to become a permanent resident through an employment-based immigration petition, the vast majority of foreign-born workers must first apply to the U.S. Department of Labor to obtain labor certification, a document certifying that there is no qualified U.S. worker willing and able to take the job for which the foreign-born worker has applied. Obtaining labor certification is difficult and time-consuming. Labor certification requires that the applicant be sponsored by a U.S. company; furthermore, the company must actively recruit American workers for that position. If a single qualified U.S. worker or permanent resident wants the job, the application fails.

Fortunately, for highly skilled scientists three specific Immigration Petitions exist that make it possible to waive the labor certification requirement. The petitions (which are among the most difficult immigration petitions to have approved) are Alien of Extraordinary Ability, Outstanding Professor or Researcher, and National Interest Waiver.

Alien of Extraordinary Ability

The Alien of Extraordinary Ability petition is appropriate for those few researchers who have already risen to the top of their field. The petition does not require a sponsoring employer; it can be submitted by the scientist on his or her own behalf.

Outstanding Professor or Researcher

The Outstanding Professor or Researcher petition is an employer-sponsored petition for scientists who are recognized internationally as outstanding in their field. The approval of both of these petitions is based on a set of factors including the significance of the scientist’s research, the number of peer-reviewed articles published by the scientist, whether the scientist has been asked to serve as a judge of other researchers’ work (as a reviewer of manuscripts or grant proposals, for example), and the number of awards received, among other factors. Generally speaking, Outstanding Researcher petitions are easier to win than Alien of Extraordinary Ability petitions. For more information on the Outstanding Professor or Researcher category, click here.

The National Interest Waiver

The National Interest Waiver (NIW) petition is, as the name implies, a request to waive the need for labor certification based on the national interest of the United States. An NIW does not require a sponsoring employer and can be filed by the scientist. In order to have an NIW approved, the petitioner must satisfy a three-prong test: The field of research must have substantial intrinsic merit, the benefits of the research must be national in scope, and the results of the scientist’s work must be of such significance as to outweigh the U.S. government’s inherent interest in protecting U.S. workers from the competition of would-be immigrants. Like the first two petitions, the supporting evidence for an NIW petition will include information concerning the scientist’s research accomplishments, the number of peer-reviewed articles published by the scientist, whether the scientist has been asked to serve as a judge of other researchers’ work, and the number of awards received by the scientists, among other evidence. For more information on the National Interest Waiver, click here.

A Few Tips

In addition to submitting information concerning the scientist’s research, publications, and awards, each of these three petitions requires the researcher to submit a set of letters of recommendation from fellow scientists attesting to the petitioner’s scientific achievements. It is important that these letters be skillfully written to address the criteria that are of most importance to the reviewing immigration officer. But in addition to what each letter says, whom the letter is from is often just as important.

For example, letters from scientists who do not know the petitioner personally, but only through the scientist’s publications or conference presentations, are seen as more credible than letters from a scientist’s close colleagues. Letters from close colleagues are helpful, but letters from scientists who have not worked with the petitioner significantly improve the chances of approval. As a result, as foreign-born researchers make their way through their studies and research, it’s a good idea for them to keep track of (and keep in contact with) researchers with whom they have discussed their work, e.g., at various scientific conferences. Contacts with researchers in foreign countries are also important, as they can help prove the scientist’s international reputation. Likewise, it helps to keep a list of researchers who have commented positively about, or have shown significant interest in, the scientist’s work. When it comes time to request a letter of recommendation, these contacts could be of significant value.

Additionally, immigration officials have a tendency to give greater credibility to letters that are written by researchers at government labs or agencies. As a result, graduate-level and postdoctoral researchers should keep track of people they know who work at such facilities.

As noted above, participating as a judge of the work of fellow researchers can play a significant role in the approval of these petitions, especially Alien of Extraordinary Ability and Outstanding Researcher petitions. One way to satisfy this criterion is to review articles submitted to academic journals. Foreign-born scientists could contact editors of journals that have accepted their publications and volunteer to review submitted articles. Similarly, volunteering to review abstracts submitted for presentations at scientific conferences also is an excellent way to serve as the judge of other researchers’ work.

How to get working holiday visa in canada

Are you looking to get a working holiday visa in Canada (also known as International Experience Canada, IEC visa or working holiday Canada) for 2016?

If you are, you’ve come to the right place. This section will provide you with an overview of all the relevant steps required steps for this type of immigration to Canada, which allows you to live and get a job in Canada for either 12 or 24 months.

NOTE: All profiles for 2016 must be submitted by September 30. Find out more.

Please read the information and associated links carefully. Errors while applying for a working holiday visa in Canada can be costly, and can delay your immigration to Canada.

Tips and jobs

Before we begin, we’d like to draw your attention to these resources. If you’re looking to make the most of your working holiday visa in Canada, it’s essential that you review these pages:

  • Construction and engineering jobs from Moving2Canada through our Outpost Recruitment agency.
  • Where to buy travel insurance for Canada (note: this is mandatory to get a working holiday visa in Canada)
  • Learn how to rewrite your CV, and discover the resume format in Canada
  • Frequently asked questions for the IEC Canada visa process
  • Case-specific help in our Working Holiday Visa in Canada forum

Take a minute to join our network and we will send you a comprehensive IEC working holiday visa in Canada FAQ article that we have researched for you.

How to get a working holiday visa in Canada

You can obtain a working holiday visa in Canada through the International Experience Canada (IEC) program. Apply directly to the Embassy of Canada to avoid paying any fees to agents for vague additional services.

What’s changed in 2016?

A new application process was revealed in November 2015 for those hoping to participate in the 2016 program.

One of the biggest changes is you no longer need to wait until the early months of the new year to begin the application procedure for a working holiday visa in Canada.

The new system will draw applicants at random at “regular intervals” until all places are filled for the year. This means you can create a profile and become a candidate at your leisure, any time after the opening date for your country.

However, your best bet is to apply early for a working holiday visa in Canada. This will expose you to a greater number of these draws.

You’ll be asked to enter one or more ‘pools’ as determined by country and visa category. ‘Australia: Working Holiday’ and ‘Ireland: Young Professionals’ would be examples of pools.

CIC has committed to giving at least five days notice before each country’s and category’s final rounds of invitations, which will mark the closure of that pool for the season.

The following is a general overview of the IEC visa process to achieve your working holiday visa in Canada:

Eligibility:

To be eligible for a Working Holiday visa in Canada, candidates must:

  • Be a citizen (passport holder) of one of the 32 countries that have a bilateral youth mobility agreement with Canada.
  • Have a valid passport for the duration of their stay in Canada (the work permit issued will not be longer than the validity of the passport).
  • Be between the ages of 18 and 30 or 35 (inclusive) at the time of application (the upper age limit depends on the applicant’s country of citizenship).
  • Have the equivalent of C$2,500 on landing to help cover initial expenses.
  • Be able to take out health insurance for the duration of their working holiday visa in Canada (participants may have to present evidence of this insurance at the point of entry in Canada).
  • Be admissible to Canada.
  • Have, prior to departure, a round-trip ticket or the financial resources to purchase a departure ticket for the end of their authorized stay in Canada.
  • Not be accompanied by dependents.
  • Pay the appropriate fees.
  • Citizens of certain countries are also required to be resident in their country of citizenship at the time they apply for their IEC Working Holiday visa in Canada.

Become a candidate:

  • Complete the Come to Canada questionnaire. This is used as an initial assessment of your eligibility for a working holiday visa in Canada. If you meet the criteria, you’ll receive a personal reference code.
  • Enter this code to create your MyCIC account.
  • Build your IEC profile.
  • Submit your profile and choose the IEC pool(s) you want to be in. Some candidates will only be eligible for one pool, some will be eligible for more.
  • At this stage, it’s a case of waiting for the IEC rounds for your pool to begin. You’ll need to receive an Invitation to Apply (ITA) to continue the process.
  • If you receive an ITA via MyCIC, you will have 10 days start your application for a work permit, or to decline the invitation.

Apply for a work permit:

  • If you choose to accept the ITA, you’ll have 20 days from the day it’s received to submit your work permit application and pay any relevant fees.
  • In the Young Professional and International Co-op categories, your employer also needs to pay the CAD$230 employer compliance fee through the employer portal before the 20 days expire.
  • Gather and upload all the documents (e.g. police or medical certificates) requested by CIC. If you don’t have these immediately, you can upload proof that you’ve applied for a police cert or medical exam.
  • Pay relevant fees. To get a working holiday visa in Canada, it will be necessary to pay a participation fee of CAD$150, and an open work permit holder fee of CAD$100.
  • The CIC will assess your application and may request additional documents.
  • If your application is a success, a letter of introduction (LOI) will be sent to your MyCIC account. Bring this with you on your journey to Canada as you’ll need to present this to an immigration officer at a Port of Entry (POE), such as an airport or border crossing. This is where you’re provided with a work permit.

 

Other types of IEC visa

Young Professionals

The Young Professionals category is designed for foreign youth, particularly post-secondary graduates, who wish to further their careers by gaining professional work experience in Canada.

Participants must have a signed employment offer letter or contract of employment with a Canadian employer before applying.

The employment offer must be within the applicant’s field of expertise, as proved by area of training or work experience, and contribute to his or her professional development.

The job offered in Canada must be classified as a National Occupation Code (NOC) Skill Type Level 0, A, or B. The eligibility requirements for the Working Holiday visa in Canada, listed above, also apply to the Young Professionals category.

International Co-op (Internship)

The International Co-op (Internship) category is designed for foreign youth who are enrolled at a post-secondary institution in their country of citizenship.

Applicants must want to complete a work placement or internship in Canada to fulfill part of their academic curriculum and be registered students for the duration of the internship. Visas issued under this category are generally valid for up to 12 months.

Applicants must have a signed job offer letter or contract for a work placement or internship in Canada that meets the requirements of their academic curriculum in their country of citizenship. The eligibility requirements for the Working Holiday visa in Canada, listed above, also apply to the International Co-op category.

Easy and simple tips to get visa in canada

images-20Unless you were born in Canada, have a Canadian parent, or are married to a Canadian, you will need to do some research to allow you to immigrate to Canada and ultimately work in Canada. This section is aimed at helping you understand all the crucial information you should know to plan your immigration to Canada. For general information on how to get a visa to visit Canada, see the Canada International website.

Disclaimer: The Moving2Canada Team are not registered immigration professionals. We always recommend verifying information provided with an immigration expert. Immigration rules are constantly evolving and we do our best to keep your informed. See Immigration Advice for a list of recommended experts.

Free immigration assessment tool — Come to Canada wizard
If you want to come but you’re not sure how you can get a visa for Canada, follow this simple questionnaire to help identify your options:
Immigration to Canada – Come to Canada Questionaire

Don’t forget to download the Moving2Canada Getting Started Success Program today. Our team of experts created this free comprehensive guide to help make your move a success.

If you intend to work in Canada, you will need to gain a work permit to do so. There are several categories of immigrants, which correspond to the economic and social aims of the various immigration programs. Below are the most popular methods of gaining a work permit to work in Canada.

Work permit via IEC working holiday visa
Many countries allow people to obtain working holiday visas for Canada for up to two years if they come through the International Experience Canada (IEC) process. This can make immigration to Canada straightforward, at least on a temporary basis, to those who are young and keen to work in Canada. Arriving on a working holiday visa is recommended, where possible, as it allows you the chance to come to Canada, find suitable employment and from there assess your options to stay in Canada. Consult the Working Holiday Visa in Canada section for more information. We have also prepared a IEC visa FAQ section to help you.

Work permit via Labour Market Impact Assessment (LMIA, formerly LMO)
An LMIA can be obtained from outside Canada if a Canadian employer can demonstrate that employing you will benefit the labour market. Immigration to Canada is becoming easier as Canada seeks to attract more foreign workers to support its strong economic growth. LMIA is a process that was designed to allow Canadian employers fill positions in their companies with foreign workers if they are unable to find a Canadian to do the job. This work permit generally needs to be renewed annually but is sometimes available up to two years. It allows you to work in Canada for a specified employer.

Apply for residency via Family Class
Immigration to Canada is possible through a family relationship. If you are a Canadian citizen or have permanent residency, you can sponsor your spouse, conjugal or common-law partner, dependent child (including adopted child) or other eligible relative to become a permanent resident under the Family Class.

Express Entry

From January 1st 2015 onwards, all economic class residency programs will be processed under a new selection system called Express Entry. This will affect the following residency programs: Canadian Experience Class (CEC), Provincial Nominee Program (PNP), Federal Skilled Worker Program (FSWP) and Federal Skilled Trades Program (FSTP).

Apply for residency via Canada Experience Class (CEC)
For those of you who have done your time in Canada and have, or will have, twelve months of professional experience or study in your field, the Canadian Experience Class is probably the best route towards residency. You apply directly and not through your employer.

Apply for residency via Provincial Nominee Program (PNP)
The Provincial Nominee Program (PNP) allows one of Canada’s provinces or territories to nominate you to settle and work in Canada. This process is conducted through your employer and specific to each province.

Apply for residency via Federal Skilled Worker Program (FSWP) — Professionals

Skilled workers are those who are selected as permanent residents based on their ability to become economically established in Canada. Federal skilled worker applications are assessed for eligibility according to a points-based system.

Apply for residency via Federal Skilled Trades Program (FSTP) — Tradespeople
Tradespeople can apply as permanent residents based on their trade, work experience and either a job offer or trade certification in Canada. Federal skilled trades applications are assessed for eligibility according to a pass / fail system.

Visa administrative review that you should know it

1.If you are outside the UK

You’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed. This is known as an ‘administrative review’.

You can only ask for an administrative review if all of the following apply:

  • you’re outside the UK
  • you applied outside the UK
  • your application was refused on
  • you don’t have a right of appeal against the refusal
  • you didn’t make an application as a visitor or a short term student

How to apply

You must apply for an administrative review within 28 days of getting the decision.

You must:

  • fill in the administrative review application form sent with your application refusal letter – enter the reasons for refusal that are on your refusal letter, and say why you think a mistake was made
  • post the completed form to the address on the application refusal letter or take it to the address in person

The guidance notes tell you how to fill in the administrative review application form.

The decision will be checked for the errors you point out. Don’t send new information or documents for review unless you’ve been asked to.

You’ll usually receive the result of the administrative review within 28 days.

You can’t request a second review (unless the result of the first review found new reasons why you were refused).

Withdraw your request

Your request for an administrative review will be withdrawn (cancelled) if you make any other immigration or visa application.

Your request will be rejected if you ask for a review of a previous decision after submitting a new application.

You can ask for your request to be withdrawn by writing to the Visa Application Centre you sent it to.

You must include your name, date of birth, nationality and either your administrative review payment reference number or Home Office reference number.

2. If you’re in the UK

You’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed. This is known as an ‘administrative review’.

You can ask for your application to be reviewed if one of the following apply:

  • your application was refused
  • your application was granted but you’re unhappy with the amount or conditions of your leave

This is known as an ‘administrative review’.

You may be able to appeal if you’re not eligible for an administrative review.

Apply for administrative review

If your application was refused, you must apply for an administrative review within 14 days of getting the decision. Your refusal letter will tell you how to apply. It costs £80.

You must apply within 7 days if you’ve been detained.

If your application was granted but you’re unhappy with the amount or conditions of your leave, you must email the Home Office within 14 days of getting your biometric residence permit.