Canada: Work Permit Stream Now Open for Individuals Holding H-1B Status in United States; Additional Guidance Published

• Eligibility. In order to qualify for the open work permit in Canada, applicants must currently hold H-1B specialty occupation status and reside in the United States. According to the published guidance, applicants are not required to show that their H-1B status is “expiring soon”, as was originally announced.
• Work permit details. If successful, applicants will be granted an open work permit valid for up to three years. Open work permits allow foreign nationals to work in almost any occupation for employers across Canada. The permit cannot be extended.
• Dependents. The applicant’s spouse or common-law partner and dependent children (typically those under 22 years old who do not have a spouse or common-law partner) are also eligible to apply for a temporary resident visa, a work permit, or a study permit, as required, at the same time as the primary applicant.
• Document requirements. Applicants must provide a copy of their H-1B visa and Form I-797/I-797B Notice of Action (which is a letter issued by the United States government confirming the H-1B application was approved). Applicants must also submit proof that they reside in the United States, such as Form I-94 (arrival/departure record), recent utility bills, income tax reports or similar documents.
• Application submission and processing. Applications can be submitted online through the IRCC portal with the required government filing fees; IRCC will then issue an electronic letter with instructions on how and where the applicant(s) must submit biometrics, unless exempt. Some applicants may also need to undergo an immigration medical examination. According to published guidance, it may take the government six weeks to process applications under this stream.
• Duration of public policy. This work permit stream will remain open to applications for one year or until IRCC receives 10,000 applications, whichever comes first. It is expected to fill up rapidly.

• Impact on foreign nationals. This route expands opportunities available in Canada for skilled workers to continue to pursue their careers and contribute to Canada’s economic growth. It also benefits H-1B holders in the United States whose status is close to expiration and who wish to remain in North America.
• Impact on employers. The open work permit also allows employers to have their employees work anywhere across Canada, regardless of whether the business has a Canadian entity.

The new open work permit stream for individuals holding H-1B specialty occupation status in the United States and the wider Tech Talent Strategy aim to attract foreign nationals who can help fill in-demand jobs and help drive emerging technology innovation in Canada.

Canada’s Tech Talent Strategy includes other initiatives expected to be implemented throughout 2023. These include the establishment of an Innovation Stream for highly talented individuals; promoting Canada as a destination for digital nomads; and improvements to the Start-up Visa Program and the Global Skills Strategy.

Fragomen will report on relevant developments as further details on each initiative are announced or implemented.