Issue#28 Optimize for freedom
...as you plan your immigration
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Manish is a forthright guy, really easy to talk to. There’s a certain precision about him that comes thorough in his answers too, as we chatted about his immigration journey.
He is a management professional, currently based out of Mumbai, India.
This issue of the newsletter shares his immigration journey. Because it holds some real lessons for us! While Manish’s story is primarily based in the US, the lessons are not US-specific at all. If you are outside the US, you should absolutely read this piece and learn from his journey.
“Manish” is not his real name. He has an active application under process in Canada. So, his name and identifying details have been withheld, at his request, to protect his privacy.
Anyway, back to the story…
Manish moved to Boston in late 2018 for higher education. The student journey was productive, despite some adverse Covid-19 impact.
Co-op position first. Full-time job soon after graduation.
By 2022, Manish was chugging along the right path…
That’s when the lights turned yellow. The H-1B visa tripped him up - for the 2nd time!
With one attempt at H-1B left in 2023, what was he going to do?
I talk to people at these exact crossroads every week.
Most people stay the course. They hope for the best.
This is a mistake Manish did not make. He wanted options.
After some low-key exploring, he was ready to set up a fallback plan - Canada.
What did Manish get right?
Manish did the thing I SO BADLY wish immigrants everywhere do more…
Not wait till the last minute.
Immigration is like a giant cargo ship.
It is big, slow and hard to course-correct.
One year really isn’t that long a time in immigration at all.
Most immigrants just staying the course. Panic usually sets in much closer to their status running out, with mere months or weeks to go.
At this stage, they’re left with “crisis management” options.
Options that only minimize damage. They don’t optimize value.
Lesson 1 - Set your “action” alarm to 12-18 months before your status runs out. That’s when the full menu of options is available to you.
What led him to act?
Did Manish know something others didn’t?
In some ways…yes!
Even before he moved to the US for graduate studies, Manish had been in touch with friends in the US even before he moved for graduate studies. He was aware of the broad strokes of the H-1B life and the uncertainty that shaky immigration can cause.
Importantly, he took the right lessons away from these conversations: His friends’ experiences weren’t just their own, personal stories. This could very easily apply to him.
This part matters: When you hear about a friend’s - layoffs, immigration issues, PR woes - it can be tempting to set it aside as “their” problem. The smarter (but harder!) choice is to ask yourself - “Am I prepared for this stuff?”
Lesson 2 - Speak to people who have recently moved and find the pitfalls. Oh…and don’t dismiss the pitfalls!
The Immigrant Knowledge Gap
….And what to do about it
Whatever the country, the immigrant knowledge gap is a VERY real phenomenon.
It takes immigrants about 5-ish years to get a grip of immigration - the rules, scenarios, options, pitfalls, danger zones and crisis-options.
Manish’s awareness helped him bridge this knowledge gap faster.
If you are an immigrant, building an understanding of how the immigration system works is simply non-negotiable. This doesn’t mean you have to know every little thing, but you should -
Be aware of all the rules relating to your visa/ permit.
There may be changes every now and then, so keep track of them. Following immigration attorneys on LinkedIN is a great way to do this!
Always know the date of expiry of your passport and permit/ visa.
Did I mention always?!?!
Know the next step you will need to take towards your immigration goals.
Know when to pivot if your current plan is not working.
Be flexible. Don’t stick to the status quo if it isn’t going anywhere.
Maintain a high-level awareness of any changes to rules/ laws that impact your immigration journey.
Be aware of negative outcomes and their impact on your planned path.
What if you don’t get that ITA/ permit? What happens then?
Know what happens if you lose your job
Be aware of what the immediate options are to maintain status - this is particularly important in the US with its short grace period.
If all this sounds like too much, I’m just going to say it:
This is what it takes to make life work as an immigrant. On the bright side though, many are going to do this alongside you, so you’re not alone!
Employer dependence
Awareness, though key, was not the only factor that powered Manish’s proactiveness. A desire for freedom and agency, also played a role.
Most work-visas and economic PR pathways in the US are employer-sponsored.
This is true of some Canadian PR pathways too!
Manish was not comfortable with the employer dependence this created.
Initially this dependence manifested in the typical annoyances of immigrant life - slow progress, glitches in getting documents, constant advocacy for immigration support.
But, it was about to get worse.
Manish’s did not get selected in his final H-1B lottery. Options to move to Canada through his company came up dry too. All this turned the concern dial up further.
Ultimately, his employer was caught up in the economic turmoil of 2023 and experienced layoffs.
Manish was let go.
If you are on a work visa/ permit that binds you to an employer, employer dependence is an area you should consider deeply. Many, many things can hinder ongoing employment - Layoffs, terminations, health issues, friction at the workplace etc.
It is a fragile foundation to build your whole life and legal basis for stay on.
This is true for immigrants in any country for an extended period of time.
Lesson 3: Do everything you can to minimize employer dependence.
(This one is so important I might do a whole issue on this!)
Prioritize Freedom
Even before the layoff though, Manish prioritized freedom. He had started off at the same place that many of us start our immigration journeys -
“It’ll be all fine once I get an H-1B!”
But awaiting a lottery pick, he saw peers with an H-1B struggling with the many constraints that H-1B imposes - restrictions on occupations, hardship with changing employers, PERM struggles.
It felt never-ending.
His immigrant journey had started with graduate studies in the US in 2018. 5 years into it, the vulnerability and uncertainty of life on H-1B led Manish to look for control.
After consulting an immigration professional, Manish picked an Ontario Provincial Nomination (OINP) pathway that allowed self-sponsorship in 2023.
Note: The Provincial Nomination Program has undergone lots of changes since 2023. Please consult an immigration professional or do your own research to make a choice that is best for you.
What was the process like?
Canada has a dizzying array of PR programs both at the Provincial and Federal level. Many programs take online-applications only. Requirements and eligibilities vary widely across programs. Some are targeted to very specific skills, while others are much wider in their acceptance.
I’m trying to draw the widest common denominator in terms of what you need, but this is NOT a comprehensive list by any means.
Most major Canadian PR programs have a few things in common. You need to:
Set up an online profile for the program of interest
Get an accreditation of your non-Canadian education (ECS evaluation)
Prove language proficiency in English/ French or both (IELTS, CELPIP - for English)
Get a criminal background check in countries you have lived in
Get detailed Letters of Reference from employers to back up claimed work experience
Provide proof of funds to support your move to Canada (some applicants working in Canada are exempt)
The primary task in Canadian immigration is to pick the right pathway for you. There have been tons of changes recently, so I highly recommend you consult with a licensed professional - a Regulated Canadian Immigration Consultant (RCIC) or an Immigration Lawyer.
Manish frames his experience as fairly straightforward, with the notable exception of getting Employer reference letters (Read: Employer dependence 😖).
When to think about a Plan B?
Immigration is like job-hunting.
The best time to look for options is when you don’t need it. If there’s a single element in Manish’s journey I can point to as a determinant of success, its this one.
If Manish had waited till he was laid off to make his move on a Plan B, he would be limited to “crisis options” -
Somehow stay in the US till he could work out a Plan for Canada
Put Canada on the back burner and pull on in the US somehow
Leave entirely and start afresh from India
Instead, Manish decided to leave the US peacefully, knowing he already had a PR application well on its way in Canada. It was time to decompress after an intensely stressful period and spend time with family, maybe up-skill as he waited for his PR application to come through!
Aligning words and actions
If you SAY you prioritize your health, but get burgers, pizza and loaded nachos on weekly hangouts with buddies, your decisions aren’t adding up to your aspirations.
Aspirations, no matter how passionately stated, simply don’t make reality happen.
(Annoying, I know!)
Many, many immigrants say they prioritize peace of mind and freedom. I hear this ALL the time. But when it comes to decisions, they prioritize short term professional and financial priorities.
Life on a visa/ permit for work or study has uncertainty and dependencies built into it. That’s just the nature of a temporary immigration status - it ties you down.
When Manish was considering his choices, he stretched the canvas.
He asked - “What do I want from life?” Not - “What is the best choice right now?”
You should do the same.