Canada has revised its policy exempting selected American H-1B visa holders from work permit obligations, after reaching the application limit of 10,000 principal applicants. Initially set to run until July 15, 2024, the policy was halted early on July 17, 2023, due to an overwhelming number of applications.
Eligibility Criteria
To qualify for an open work permit in Canada, H-1B visa holders needed to meet specific criteria: holding a valid H-1B Specialty Occupations visa, residing in the United States, and securing a job offer from a Canadian employer that met certain standards.
Family Member Applications
Family members of H-1B visa holder applicants who have already applied may be eligible for:
- Temporary Resident Visa (TRV)
- Study Permit
- Open Work Permit
Application Process for Family Members
Family members of H-1B visa holders who have already applied for a Canadian work permit can apply for a TRV or study permit through the IRCC Portal.
Supportive Policies Introduced
In response to high demand, Canada introduced two additional supportive policies last year to aid H-1B visa holders:
Application Consideration Post-Cap
Effective from September 27, 2023, applications exceeding the 10,000 cap submitted after the initial policy expired on July 17, 2023 but before the online portal closed will be considered.
Family Member Applications
Applications from family members seeking work permits submitted after the initial policy expiry and before September 28, 2024, will be processed under this new framework. Children under 17 of H-1B visa holders will not be subject to the $150 study permit processing fee if their parent is granted an H-1B open work permit upon entry into Canada.
Streamlining Work Permit Renewals
A policy announced on December 16, 2023, and effective until December 16, 2026, aims to streamline work permit renewal procedures. This policy targets foreign nationals in Canada who initially received work permits for less than three years, ensuring they can benefit from the full three-year maximum. The goal is to provide continuity and support for skilled foreign workers in the country.
