Canada eases work permit rules for US H-1B visa holders: Details here

Family members of H-1B visa holder applicants who've already applied may be eligible to apply for temporary resident visa, study permit, open work permit

Canada has eased its policy of exempting selected American H-1B visa holders from work permit obligations after reaching the application threshold of 10,000 principal applicants. Originally intended to run until July 15, 2024, the policy was halted early on July 17, 2023 due to an overwhelming number of applications.

Criteria for eligibility

To qualify for an open work permit in Canada, H-1B visa holders needed to meet specific criteria. These included holding a valid H-1B Specialty Occupations visa, residing in the United States, and securing a job offer from a Canadian employer that met certain standards.

Family members of H-1B visa holder applicants who’ve already applied may be eligible to apply for any of the following:

— temporary resident visa (TRV)

— study permit

— open work permit

How to apply for a TRV or Study Permit as a family member of an H-1B applicant

If you are a family member of an H-1B visa holder who has already applied for a Canadian work permit, you can apply for a Temporary Resident Visa (TRV) or study permit through the IRCC Portal.

Supportive policies introduced

In response to the high demand, Canada introduced two additional supportive policies last year to aid H-1B visa holders.

Policy 1: Application consideration post-cap

The first policy, effective from September 27, 2023, allows for the consideration of applications exceeding the 10,000 cap if they were submitted after the initial policy expired on July 17, 2023 but before the online portal closed.

Policy 2: Family member applications

Additionally, applications from family members seeking work permits submitted after the initial policy expiry and before 28 September 2024 will be processed under this new framework. Children under 17 of H-1B visa holders will not be subject to the $150 study permit processing fee if their parent is granted an H-1B open work permit upon entry into Canada.

Streamlining work permit renewals

Another policy, announced on December 16, 2023 and effective until December 16, 2026, aims to streamline work permit renewal procedures. This policy targets foreign nationals in Canada who initially received work permits for less than three years, ensuring they can benefit from the full three-year maximum. The goal is to provide continuity and support for skilled foreign workers in the country.