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IMMIGRATION JULY 14, 2023 | The Indian Eye 35

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would want to exclude such H-1B can result in chaos when more than resentatives could) most quickly file tive, rather than a requirement of
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nonimmigrants from the new work the allotted number attempt to apply applications as soon as a program imminent H-1B expiration. Such a
permit program, despite their lack of on the first possible day, and this can opened. We can hope that IRCC will requirement could screen out rela-
an H-1B visa. Based on the language sometimes lead to the institution of a make clear, before July 16, which ap- tively new H-1B nonimmigrants who
of the announcement and IRCC lottery system. proach they will be following for this would rather have an open work per-
backgrounder, however, it appears Canada has historically some- new program. mit in Canada accompanied by work
that they would be excluded. One times utilized a similar lottery sys- A third open question is wheth- permits for their family members,
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can hope that this may have simply tem, for example to allocate the er there will be any requirement and there is no obvious policy reason
been an imprecision in language that limited number of opportunities for linked to the length of remaining for such a requirement.
can be corrected by the time the final Canadian citizens and permanent time in H-1B status available to an The official legal basis for the
program is officially created, but it is residents to sponsor their parents applicant. The announcement and new work permits, which will likely
at least an open question. and grandparents for permanent res- IRCC backgrounder do not suggest be in the form of a temporary pub-
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Another open question is ex- idence, at least in some years. so, but the IRCC webpage guidance lic policy or perhaps a Ministerial
actly how IRCC is going to allocate On the other hand, some Ca- to high-skilled workers more gener- Instruction, has not yet been made
the limited supply of the new work nadian immigration programs with ally, which contains a subsection on public by IRCC.
permits. The announcement and limited allocations – including, at the “H-1B visa holders” program, Once the official temporary pub-
IRCC backgrounder state that “This times, the parents and grandparents says to “Choose this program if . . . lic policy or Ministerial instruction
measure will remain in effect for one sponsorship program – have been your United States work visa is expir- is published, it should be possible to
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year, or until IRCC receives 10,000 operated on a purely first-come, first- ing soon.” Hopefully, this language answer the open questions discussed
applications. Only principal appli- served basis, even if that rewarded may be just a prediction regarding above. A sequel to this blog post will
cants, and not their accompanying those who could (or whose legal rep- who might find the program attrac- likely be published at that time.
family members, will count toward _________________________________________________________________________________________________________
the application cap.” It appears from Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta & Partners
this that IRCC may simply allocate PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee; former
the 10,000 available numbers for chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee, Appellate
Division, First Department, New York; member of the ABA Commission on Immigration; board member of Volunteers for Legal Ser-
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principal applicants on a first-come, vices and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American
first-served basis. Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New York City Bar Association.
As has historically come up in He is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an adjunct professor of law at
the H-1B context itself, however, Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith Lowenstein
allocating a sufficiently in-demand Memorial Award for advancing the practice of immigration law and the AILA 2011 Michael Maggio Memorial Award for his outstand-
ing efforts in providing pro bono representation in the immigration field. He has also received two AILA Presidential Commendations
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supply of application numbers on a in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by Who’s Who Legal – Corporate
purely first-come, first-served basis Immigration Law 2019 and is also ranked in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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