Introduction

In 2008, the Alberta Provincial Government implemented a pilot Strategic Recruitment Stream for its Alberta Immigrant Nominee Program ("AINP"), the province's Provincial Nominee Program ("PNP"). The Strategic Recruitment Stream targets foreign nationals (and their dependents) in the United States holding H-1B, H-1B1, H-1C, and E-3 visas. Although most AINP streams require a job offer from an employer located in the Province of Alberta, the Strategic Recruitment Stream does not require such a job offer. As with all PNPs, foreign nationals (and their dependents) who qualify under the Strategic Recruitment Stream will receive priority processing of their Canadian permanent residence applicants, often receiving their permanent residence within one year.

Overview of Eligibility Requirements

Foreign nationals may apply for immigration under the AINP's Strategic Recruitment Stream if they meet the following eligibility criteria:

1. The applicant must be currently working in the United States under one of the following nonimmigrant categories: (1) H-1B, (2) H-1B1, (3) H-1C (a classification for nurses), or (4) E-3.
2. The applicant must have a minimum of one year of work experience in the United States in one of the above qualifying nonimmigrant categories.
3. The applicant must be working in an occupation listed in the AINP Occupations Under Pressure List for the Strategic Recruitment Stream - U.S. Visa Holder Category.

The current list of eligible occupations appears here; the list became effective on May 19, 2009. Seven information technology occupations that appeared on the previous list were deleted; these occupations were as follows:

1. Information Systems Analysts and Consultants (NOC Code 2171);
2. Database Analysts and Data Administrators (NOC Code 2172);
3. Software Engineers and Designers (NOC Code 2173);
4. Computer Programmers and Interactive Media Developers (NOC Code 2174);
5. Web Designers and Developers (NOC Code 2175);
6. Computer and Network Operators (NOC Code 2281); and
7. Systems Testing Technicians (NOC Code 2283).

Any applications postmarked on or before May 19, 2009 will be assessed based on the previous list; any applications postmarked after May 19, 2009 will be assessed based on the current list. In other words, any applicants who filed under one of the above occupations prior to May 19, 2009 will remain eligible.

Application Procedure

Prior to January 1, 2009, prospective candidates were asked to email or fax their applications for pre-assessment. If approved during the pre-assessment phase, successful candidates were sent an invitation by mail, inviting them to apply for the Strategic Recruitment Stream. As of January 1, 2009, candidates may now mail their complete application to the AINP without the need to complete the pre-assessment phase.

The AINP will notify the applicant of its decision approximately 6 months from the date that the application is accepted for processing. If the application is accepted, the AINP will issue a provincial nomination certificate to the applicant. The applicant may then apply to Citizenship and Immigration Canada ("CIC") for Canadian permanent residence, under the Provincial Nominee Class.

There is no fee charged by the AINP to apply under the Strategic Recruitment Stream. However, once a provincial nomination certificate has been issued and the applicant formally applies for permanent residence through CIC, normal immigration filing fees charged by the Government of Canada will apply.

Required Validity Period for H-1B, H-1B1, H-1C, or E-3 Status

The official documentation provided by the Province of Alberta clearly states that applicants must be current and valid H-1B, H-1B1, H-1C, or E-3 nonimmigrants. However, it does not clearly state how long the applicant must maintain this nonimmigrant status. For example, a foreign national may be in valid status at the time that the Strategic Recruitment Stream application is submitted but his or her status may expire:

1. Before the Province of Alberta issues a provincial nomination certificate; or
2. After the Province of Alberta issues a provincial nomination certificate but before the applicant obtains Canadian permanent residence.

In response to a written inquiry by Chang & Boos, the AINP has confirmed that for any applications received on or after February 19, 2009, the applicant will be expected to maintain status up to the time that the AINP makes a final decision on the application (i.e. issuance of a provincial nomination certificate). In other words, the AINP expects the applicant to have valid status for at least 6 months (the current waiting time for the adjudication of such applications). However, once the provincial nomination certificate has been issued, the applicant's U.S. status may expire and he or she may return home to continue the permanent residence process at the Canadian consulate located in his or her home country.

The AINP has further confirmed that any applications received prior to February 19, 2009 will be assessed under the previous guidelines regarding an applicant's visa status in the United States. Under the previous guidelines, an applicant was required to hold valid H-1B, H-1B1, H-1C, or E-3 status at the time of the application but not necessarily at the time the AINP office made its decision.

Place of Application for Permanent Residence

Once the applicant has received a provincial nomination certificate, he or she may return home and apply for permanent residence in his or her home country. However, it should also be possible for the applicant to complete his or her permanent residence case at a Canadian consulate in the United States.

Subsection 11(1) of the Immigration and Refugee Protection Regulations (S.O.R./2002-227) ("IRPR") clearly states that an application for a permanent resident visa may be made to the immigration office that serves the country where the applicant is (temporarily) residing, if the applicant has been lawfully admitted to that country for a period of at least one year. As one of the requirements of the Strategic Recruitment Stream is that the applicant have at least one year of employment under an eligible nonimmigrant category, it is clearly contemplated that an applicant under this stream might choose to apply through a Canadian consulate in the United States.

It should be mentioned that IRPR 11(1)(a) also permits applicants who have fallen out of status in the United States, after satisfying the one year requirement, to apply at the Canadian consulate in the United States. However, subject to limited exceptions, an applicant who has overstayed his or her nonimmigrant status will be:

1. Subject to INA §222(g);
2. At risk of incurring an unlawful presence bar under INA §212(a)(9)(B)(i); and
3. At risk of being placed into removal proceedings prior to the completion of his or her Canadian permanent residence case.

Given the relatively short wait time for provincial nominee cases, an applicant who has obtained a provincial nomination certificate but who has since fallen out of status in the United States should in most cases return to his or her home country in order to complete final processing of his or her Canadian permanent residence case.