The United States’ standing in the world has been waning over the years, with more and more STEM and skilled workers looking to other countries for work and to potentially start a better life. There are likely a plethora of reasons, but the lack of immigration reform in the United States and its continued political divisiveness over immigration policy certainly does not help. It is no coincidence that many STEM workers are choosing places like Australia, Italy, Greece, Canada or other countries that do not put up barriers to entry. It can be argued that the United States is no longer enticing the world’s talent, but rather subjecting foreign nationals to unnecessary hurdles.

This article will review the origins of the U.S. immigration system and how its evolution has led to the current visa systems. Additionally, it will critique the current visa options for STEM and skilled workers in the United States and compare the options that Canada and other countries have used. Lastly, it will detail the best response to the current issue and ways that the current U.S. immigration system can evolve to ensure that lasting changes are made.

Read the complete article, authored by MLT Aikins immigration lawyers Jessica Jensen and Reis Pagtakhan, in the North Dakota Law Review.

Because of the more restricted immigration pathways in the U.S., as discussed in the article, many U.S. companies that are unable to retain or recruit foreign talent to work in the U.S. may consider setting up operations in Canada to “house” their staff here. For more information about this or anything else discussed in the article, contact Jessica, Reis or a member of our immigration team.

Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.

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