Effective immediately, individuals holding a United States H-1B specialty occupation visa now have the opportunity to work and reside in Canada. The announcement of this measure was made by Canada’s Immigration Minister, Sean Fraser, on June 27, with the aim of enhancing labor mobility within North America. The program is expected to impact numerous professionals in high-tech industries across both Canada and the United States, as well as their immediate family members.
Successful applicants will be granted an open work permit valid for a period of up to three years, enabling them to work for nearly any employer in Canada. This privilege extends to spouses and dependents, who can also apply for work or study permits as needed.
To ensure a manageable influx, Immigration, Refugees and Citizenship Canada (IRCC) has set a cap of 10,000 principal applicants for this program, which does not include family members. The measure will remain in effect for either one year or until the cap is reached.
Eligibility requirements for the Canadian open work permit for H-1B visa holders include possessing a valid H-1B specialty occupation visa and currently residing in the United States. Applicants must submit supporting documents such as a copy of their current H-1B visa, Form I-797/I797B (Notice of Action), and proof of U.S. residency (e.g., Form I-94, Arrival/Departure Record, recent utility bill, income tax report, or any relevant document confirming U.S. residence).
Additionally, the IRCC has recently announced the launch of the Express Entry draw, targeting candidates with work experience in Science, Technology, Engineering, and Mathematics (STEM) occupations. This draw aligns with the category-based selection criteria introduced by the Minister on May 31. Notably, the invited candidates may also be eligible for the new open work permit for H-1B holders.
Canada continues to prioritize attracting top global talent and positioning itself as a leader in research, development, and innovation. The government’s commitment is evident through initiatives such as the $20 billion investment in clean electricity and growth infrastructure projects outlined in Budget 2023, which will require the expertise of STEM professionals.
In addition to the three-year open work permit for H-1B visa holders, the IRCC is developing an Innovation Stream under the International Mobility Program (IMP). Expected to launch later this year, the Innovation Stream is currently being shaped based on stakeholder feedback gathered during recent consultations. The options being considered include employer-specific work permits for up to five years, targeting companies contributing to Canada’s industrial innovation goal, and open work permits for up to five years for highly skilled workers in select in-demand occupations.
Furthermore, Minister Fraser has announced a return to the 14-day service standard for work permits under the Global Skills Strategy, efforts to promote Canada as an appealing destination for digital nomads, and improvements to the Start-up Visa Program, such as increased allocation and extended work permit duration from one to three years.
Given the high demand for STEM professionals, especially in Ontario and Quebec, the Canadian government is taking proactive measures to fill job vacancies and bridge the skills gap. Ontario recently eliminated the Canadian work experience requirement for newcomers seeking licensure in engineering, while the Ministry of Labour, Immigration, Training and Skills Development in Ontario announced a six-month timeframe for regulated professions to make registration decisions on applications from internationally trained newcomers. These measures aim to facilitate the integration of skilled newcomers, particularly in STEM fields, into the labor market and address the current shortage of talent.
