Canada announces new work permit for H-1B visa holders from the United States

Canada Immigration Minister Sean Fraser announced that the government would create an open work-permit stream to allow 10,000 American H-1B visa–holders to come and work in the country.

As part of Canada’s first-ever Tech Talent Strategy, Canadian Immigration Minister Fraser announced the creation of an open work permit stream for H-1B specialty occupation visa holders in the US to apply for a Canadian work permit, and study or work permit options for their accompanying family members.

The new H1-B specialty occupation visa holder work permit will be available from July 16, 2023.

Approved applicants will receive an open work permit of up to three years in duration, which means they will be able to work for almost any employer anywhere in Canada. Their spouses and dependants will also be eligible to apply for a temporary resident visa, with a work or study permit, as needed.

This measure will remain in effect for one year, or until Immigration, Refugees and Citizenship Canada (IRCC) receives 10,000 applications. Only principal applicants, and not their accompanying family members, will count toward the application cap.

Canada will also create a STEM-specific draw under category-based selection to issue additional invitations to apply under the Express Entry program.

“Canada’s high-growth industries will provide the jobs of the future, and companies need access to top talent that will fuel innovation, and drive emerging technologies forward,” the Immigration, Refugees and Citizenship Canada (IRCC) said in a statement.

“This new strategy includes new measures and improvements on existing measures to help businesses in Canada thrive in a competitive landscape,” it added.

“With Canada’s first-ever immigration Tech Talent Strategy, we’re targeting newcomers that can help enshrine Canada as a world leader in a variety of emerging technologies. I’m grateful for the collaboration of the tech, start-up and business communities, who have provided valuable insight to develop this strategy. Having a fast and flexible approach, one that is broadly supported by Canadians, is truly Canada’s immigration advantage,” Fraser, said.

The scheme also includes the development of an Innovation Stream under to the International Mobility Program to attract highly talented individuals, options for which include:

• employer-specific work permits for up to five years for workers destined to work for a company identified by the Government of Canada as contributing to our industrial innovation goals
• open work permits for up to five years for highly skilled workers in select in-demand occupations

The Innovation Stream will be launched by the end of this year.

Canada also expects a return to the 14-day service standard for work permits under the Global Skills Strategy.

The scheme also introduced improvements to the Start-up Visa Program, including:

• More spots have been allocated to this program for 2023, with further increases planned for 2024 and 2025.
• Applicants will be able to apply for a work permit that is up to three years in duration instead of one year.
• Applicants will be able to apply for an open work permit instead of one that limits them to work for their own start-up.
• This will now be a three-year open work permit available to each member of the entrepreneurial team instead of only those who are essential and urgently needed in Canada.
• Applications that are supported by venture capital, angel investor groups and business incubators and have capital committed will be prioritised, along with applications that are supported by business incubators who are members of Canada’s Tech Network.