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IMMIGRATION JULY 28, 2023 | The Indian Eye 37

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“a dependent child of a dependent an program, even if they have had from language on an IRCC guidance and H-1B status. I dnot mean tsug-
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child” of the person or the spouse tchange tsome other nonimmigrant page for high-skilled workers that gest, by highlighting this seemingly
or common-law partner. Thus, status or are stuck in limbas deriv- suggested applicants might want arbitrary distinction, that it should
common-law partners of H-1B visa ative beneficiaries of long-pending tconsider the new program if “your overshadow the other positive as-
holders, children of common-law applications for adjustment of sta- US work visa is expiring soon”. pects of the program, or the impli-
partners of H-1B visa holders, and tus, as long as they reside in the Fortunately, however, nothing in cations that the program has for
some dependent grandchildren of United States. the temporary public policy or the U.S. immigration policy.
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H-1B visa holders and their spous- Another open question I had application guidance indicates that And it is good tsee that IRCC
es or common-law partners may be raised in my prior blog post was any particular date of H-1B expira- will not be requiring dependent
eligible for the new Canadian pro- how IRCC was going tallocate the tion is required. The guidance page family members tmeet U.S. require-
gram although they would not be 10,000 available numbers for prin- notwithstanding, even someone ments for an H-4 in order tbene-
eligible for H-4 status. cipal applicants under the new pro- with, say, twand a half years left out fit from the new program. But it
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Moreover, the definition of a gram. Now that the effective date of an H-1B petition and visa with would be even better if IRCC could
child for these purposes does not has passed without any announce- three years validity, should qualify remove the arbitrary exclusion of
cut off at age 21, as it does for H-4 ment of a lottery or similar allo- for the new program. those whhave changed status tH-1B
purposes under INA 101(b)(1), 8 cation mechanism, it appears that The new Canadian program or otherwise lack a valid H-1B visa,
U.S.C. 1101(b)(1). Rather, under IRCC is simply going tallocate the has attracted significant positive and open up the temporary pro-
section 2 of the IRPR, a depen- numbers tthe first 10,000 approved media attention, which has under- gram tH-1B nonimmigrants whre-
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dent child includes one wh“is less applications. standably focused on the broader side in the United States in H-1B
than 22 years of age and is not a A third open question at the picture rather than details such as status even if they dnot have H-1B
spouse or common-law partner, time of the announcement resulted the distinction between H-1B visas visa stamps.
or . . . is 22 years of age or older _________________________________________________________________________________________________________
and has depended substantially on Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta & Partners
the financial support of the parent PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee; former
since before attaining the age of 22 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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years and is unable tbe financial- vices and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American
ly self-supporting due ta physical Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New York City Bar Association.
or mental condition.” Thus, some He is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an adjunct professor of law at
21-year-old children or disabled Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith Lowenstein
older children of H-1Bs, whwould 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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not be eligible for H-4 status, may in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by Who’s Who Legal – Corporate
be eligible for the new Canadi- Immigration Law 2019 and is also ranked in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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