• Insights

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

July 19, 2023

insight-news-default

Country / Territory

  • CanadaCanada

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • Immigration, Refugees and Citizenship Canada (IRCC) has opened the work permit stream for individuals holding H-1B specialty occupation status in the United States and published related guidelines on its website the same day.
  • Under this stream, individuals currently holding H-1B specialty occupation status and residing in the United States can apply for an open work permit in Canada (which allows foreign nationals to work in almost any occupation for employers across Canada) valid for up to three years.
  • The measure will remain in effect for one year or until IRCC receives 10,000 applications, whichever comes first. It is expected to fill up rapidly.
  • UPDATE: On July 17, 2023, Immigration Refugees and Citizenship Canada received enough applications to exhaust the 10,000 spots under the work permit stream for individuals holding H-1B status in the United States. Foreign nationals should work with their immigration professionals to explore alternatives under existing immigration programs. 

The situation

Following the announcement of the Tech Talent Strategy last month, Immigration, Refugees and Citizenship Canada (IRCC) has opened the work permit stream for individuals holding H-1B specialty occupation status in the United States and published related guidelines on its website.

UPDATE: On July 17, 2023, Immigration Refugees and Citizenship Canada received enough applications to exhaust the 10,000 spots under the work permit stream for individuals holding H-1B status in the United States. Foreign nationals should work with their immigration professionals to explore alternatives under existing immigration programs. 

A closer look

  • 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

  • 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.

Background

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.

Looking ahead

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.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • CanadaCanada

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more

Fragomen news

Fragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility

Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.

Learn more

Blog post

From Barnsley to the North: AI Growth and the UK's Immigration Challenge

In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.

Learn more

Media mentions

Hong Kong Business Magazine: Employers Seek Broader Immigration Reforms

In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more

Podcast

World Refugee Day 2026

In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.

Learn more

Video

Business Travel to China | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.

Learn more

Media mentions

Michigan Law’s Law Quadrangle: Christopher Wendt, ’98: At the Intersection of Immigration and Health Care Workers

In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more

Fragomen news

Fragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility

Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.

Learn more

Blog post

From Barnsley to the North: AI Growth and the UK's Immigration Challenge

In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.

Learn more

Media mentions

Hong Kong Business Magazine: Employers Seek Broader Immigration Reforms

In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more

Podcast

World Refugee Day 2026

In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.

Learn more

Video

Business Travel to China | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.

Learn more

Media mentions

Michigan Law’s Law Quadrangle: Christopher Wendt, ’98: At the Intersection of Immigration and Health Care Workers

In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 23, 2026 | JapanJapan: Visa Issuance Fees to Increase Effective July 2026
June 24, 2026 | GuyanaGuyana: New In-Person Requirement for Work Permit Endorsement
June 24, 2026 | Saudi ArabiaSaudi Arabia: Premium Residency Holders Now Require Work Permits
June 24, 2026 | VietnamVietnam: eID Requirement Forthcoming for All Administrative Procedures
June 23, 2026 | GhanaGhana: New Electronic Travel Authorization (ETA) and eVisa Requirements; Visa-on-Arrival Discontinued
June 23, 2026 | JapanJapan: Visa Issuance Fees to Increase Effective July 2026
June 24, 2026 | GuyanaGuyana: New In-Person Requirement for Work Permit Endorsement
June 24, 2026 | Saudi ArabiaSaudi Arabia: Premium Residency Holders Now Require Work Permits
June 24, 2026 | VietnamVietnam: eID Requirement Forthcoming for All Administrative Procedures
June 23, 2026 | GhanaGhana: New Electronic Travel Authorization (ETA) and eVisa Requirements; Visa-on-Arrival Discontinued
June 23, 2026 | JapanJapan: Visa Issuance Fees to Increase Effective July 2026
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.