The H-1B visa is a work visa that allows U.S. employers to recruit foreign professionals for specialized roles. As seen, the H-1B visa does provide many advantages but it also has its drawbacks and difficulties that cannot be overlooked. This has forced many H-1B visa holders to seek employment in Canada, which is among the best countries to work in for skilled persons. This blog gives a step-by-step procedure on how to move from H-1B in the U.S. to work and reside in Canada.
The Canadian government is aware of the possibilities of immigration of skilled personnel from the U. S. especially those working under the H-1B visa. There are several ways that H-1B visa holders can obtain work permits in Canada and they include Open Work Permit (OWP), Global Talent Stream other facilitated work permits.
To qualify for the Canadian open work permit for H-1B visa holders you must have a valid H-1B specialty occupation visa and be residing in the U.S.
For family members of H-1B visa holders:
They can apply to visit Canada, work in Canada, or study in Canada as international students.
The open work permit applications under this policy can only be made by the family members before September 27, 2024.
The application process for H-1B visa holders involves several steps:
Before applying, gather the necessary documents:
A photocopy of your present H-1B Specialty Occupations visa.
I-797/I797B, Notice of Action.
Copy of the I-94 card (U.S. residency), copy of utility bill or tax return.
Few applicants require a medical examination. If necessary, search for an assigned physician and get a preliminary check-up.
Go to the IRCC Portal and sign up for an account, fill out the application, and attach all the necessary documents.
The dependents of H-1B visa holders can also obtain work and study visas. In order to apply for it they have to fulfill some requirements and fill out an application on the Internet.
Canada has different ways through which H-1B visa holders can work and live in Canada, hence creating easy access for skilled workers.
Pathway | Description |
Global Talent Stream | The Global Talent Stream is aimed at foreign workers in the IT field, and it has provisions for fast-track processing of the listed professions. |
Intra-Company Transfers | Intra-company transfers are available for employees of multinational companies with operations in Canada, facilitating work permits for transferring to a Canadian branch. |
CUSMA (Formerly NAFTA) | CUSMA facilitates work permits for Mexican citizens on H-1B visas in the U.S., applying to specific occupations listed under the agreement. |
Business Visitors | H-1B holders can qualify as business visitors for certain work-related activities without a work permit. |
Understanding the differences between the H-1B visa and Canadian work permits can help in making an informed decision about transitioning to Canada.
Aspect | H-1B Visa (U.S.) | Canadian Work Permits |
Validity | Up to 6 years (initial 3 years, renewable once) | Typically up to 3 years |
Application Cap | 85,000 per year (including 20,000 for master's) | 10,000 for H-1B OWP (reached in 2023) |
Dependent Visas | H-4 for spouses and children | Work and study permits for spouses and dependents |
Permanent Residency | Limited, long wait times | More accessible through Express Entry and PNP |
Processing Time | Several months | Often faster, especially under the Global Talent Stream |
OWP for the H-1B visa holders has been introduced as a part of Canada’s newly launched Tech Talent Strategy, which targets to lure talent from the United States.
Below are the key features of the open work permit program:
Aspect | Description |
Work Permit Validity | The OWP allows H-1B visa holders to work in Canada for up to three years. Spouses and dependents can also apply for work and study permits. |
Application Cap | The program has a cap of 10,000 applications, which was reached on July 17, 2023. |
Tech Talent Strategy | The OWP program is part of Canada’s broader Tech Talent Strategy, which includes pathways for tech professionals under the International Mobility Program (IMP) and the Global Skills Strategy. |
The OWP program participants who are H-1B visa holders can apply for permanent residence in this way through economic immigration pathways. After gaining one year of full-time eligible work experience in Canada, they can apply for permanent residency through programs such as:
Express Entry:
Federal Skilled Worker Program (FSWP).
Federal Skilled Trades Program (FSTP).
Canadian Experience Class (CEC).
Provincial Nominee Program (PNP):
Applicants can receive a nomination from a province or territory, which boosts their Express Entry Comprehensive Ranking System (CRS) score.
Renewing an H-1B visa in Canada involves a detailed process. Below is a detailed table to assist you through the process:
Step | Description |
Get a Canada Visitor Visa | Apply online, pay fees, and await approval. Once approved, send your passport for stamping. |
Fill DS-160 Form | Provide personal, work, and education details. Take a printout of the DS-160 confirmation page. |
Schedule an Appointment | Use the AIS website to schedule your visa interview. Pay the MRV fees and keep the receipt for the interview. |
Prepare Documents | Prepare documents including a valid passport, DS-160 confirmation, visa fee receipt, I-797 form, employment verification letter, pay stubs, and educational documents. |
Visa Interview | Answer questions about your employment, salary, education, and purpose of visit. Track your passport status online after the interview. |
This blog aims to establish that moving from an H-1B visa in the U.S. to working and living in Canada is a viable option for skilled workers seeking permanency and better prospects. Canada’s welcoming immigration policies, numerous ways to achieve permanent residency, and favorable family provisions also help. Knowing the eligibility, how to apply and different routes, H-1B visa holders can easily move to Canada.