Canada extends work permit processing for H-1B visa holders who missed out due to cap
Canada has announced it will be processing work permits for some H-1B visa holders who had applied for the pilot programme before the deadline, but were unsuccessful because of the announced cap. It's important to note that this policy serves to clarify internal processing procedures and does not extend invitations for new principal applicants to apply at this time, the Immigration, Refugees and Citizenship Canada (IRCC) clarified.
A temporary public policy, effective September 27, 2023, was launched by the IRCC to facilitate specific applications received under the H-1B open work permit measure initiated on July 16, 2023.
Under this new policy, IRCC is authorized to process:
A limited number of applications received in excess of the cap due to simultaneous submission when the cap was reached on July 17, 2023.
- Applications submitted on behalf of applicants and their family members by their immigration representatives through the Authorized Paid Representatives Portal before the cap was reached on July 17, 2023.
- Work permit applications for accompanying family members, including those who have already applied for a work permit or plan to do so within the next 12 months.
The temporary public policy also includes a provision to waive study permit processing fees for minor children (aged 17 and under) of H-1B holders who previously applied for a work permit under the initial H-1B open work permit measure and now intend to apply for a study permit from within Canada upon arrival. Although a physical study permit is not mandatory for minors to study in Canada, this waiver aims to address challenges faced by some H-1B applicants in the application
Instructions for family members of principal applicants on how to apply under the new public policy and eligibility criteria for waiving study permit fees are available on the IRCC website.
Bringing experts in STEM fields and other highly skilled professions to Canada aligns with the government's objectives to recruit and retain top talent to address labor market shortages and skills gaps. Canada remains committed to being a global leader in attracting foreign talent.
Canada's permit for H-1B visa holders
As part of Canada's inaugural Tech Talent Strategy, an open work permit stream was established for H-1B specialty occupation visa holders in the United States, allowing them to apply for a Canadian work permit, along with study or work permit options for their accompanying family members.
This initiative aims to attract skilled professionals from the United States to contribute to Canada's tech sector and address talent shortages in key industries. With an open work permit offering flexibility and opportunities for family members to join, Canada remains committed to fostering innovation and growth in its workforce while welcoming skilled individuals from abroad.
The limit of 10,000 permits for the new work permit program for H-1B visa holders from the United States was reached within the first day of its launch.
Successful applicants for this program will be granted an open work permit valid for up to three years, enabling them to work for nearly any employer across Canada. Moreover, their spouses and dependents will have the opportunity to apply for a temporary resident visa, accompanied by a work or study permit, as required.
