Should Indians on H1B Move to Canada or Aus PR?

Many Indian nationals on H1B visas in the United States face extremely long wait times for permanent residency (Green Card), mainly due to the per-country caps on green card allotments. The S386 bill, also known as the Fairness for High-Skilled Immigrants Act, aimed to remove these per-country limits. While it had some legislative movement in the past, as of now, the bill has not been fully passed into law and faces uncertain political support.

1. Current Status of the S386 Bill

• The S386 bill has been debated and revised in both the House and the Senate but has not become law.

• It has faced opposition due to concerns that removing per-country caps may disadvantage applicants from other countries.

• As of now, there is no clear timeline or guarantee that it will pass or be signed into law.

2. Green Card Delays for Indians

• Due to the existing limits, Indian H1B holders often face decades-long wait times for employment-based green cards, especially in EB2 and EB3 categories.

• Even with employment, approved petitions, and long-term residency, many Indians remain in visa uncertainty for years.

3. Why Canada and Australia are Considered

• Canada and Australia offer point-based Permanent Residency (PR) programs that evaluate applicants based on age, education, experience, and language ability—without country-based quotas.

• These systems are more predictable, transparent, and faster (processing in 6–12 months for eligible applicants).

• PR status in these countries offers immediate benefits like healthcare, social services, freedom to change employers, and a path to citizenship.

4. Should Indians Consider Moving to Canada or Australia?

• Yes, if your US green card wait time is extremely long and career or personal life is affected, Canada and Australia offer strong alternatives.

• Especially for younger professionals with solid qualifications and IELTS scores, Canada and Australia provide a more stable immigration path.

• Those with families or looking to build long-term security may benefit from making the switch rather than waiting indefinitely.

5. Risk of Waiting for US Immigration Reform

• US immigration reforms, including S386, face political roadblocks and slow progress.

• Changes are uncertain and may be delayed further depending on the administration and congressional priorities.

• Relying solely on a possible law change may prolong uncertainty without guaranteed results.

Conclusion:

Given the uncertainty around the S386 bill and the long green card wait times for Indian H1B visa holders, it is wise to consider Canada or Australia as viable options. Both countries offer permanent residency through fair and transparent point-based systems, providing faster settlement, stability, and future opportunities. While staying in the U.S. remains an option for those deeply rooted, moving to another country can offer a clearer, faster path to residency and citizenship.