New Canadian Immigration Policy Allows Certain H-1B Recipients to Work in Canada

By: Vandana Marath 

Beginning July 16, 2023, certain H-1B visa holders and their immediate family members may be eligible to move to Canada to work, without a current job offer.

If an applicant is approved for the new program, they will receive a work permit that will allow them to work in Canada for any employer for up to three years. Dependents and spouses may travel with recipients and apply for their own open work permits. Children looking to attend university in Canada will also be eligible for student permits.

Certain Eligibility Requirements

H-1B holders who are currently looking for a new position and may be maxing out of their H-1B status may apply for a Canadian open work permit.

Permanent Residency in Canada

In some cases, individuals may continue working for their U.S based employer from Canada, through remote work. However, this is not recommended if the individual intends to apply for Permanent Residence in Canada. If the company has an entity in Canada and an internal transfer is possible, this may be the best option.

Conclusion

The new Canadian program provides H-1B workers with some new flexibilities, such as living in Canada and working for a United States employer or transferring to a position in Canada through a streamlined immigration process. The immigration team at Chugh, LLP will continue to monitor the changes and provide updates as they become available. If you have any questions about obtaining a Canadian work permit, contact your trusted immigration attorney.