Want more freedom to work in Canada? Applying for an open work permit as a US H-1B visa holder could help.
The only problem is that the 10,000-applicant quota for this immigration pathway was filled shortly after it opened. While it’s too late to apply this time around, learning how the pilot program worked might be in your best interest for future initiatives. Here’s a breakdown.
What Is a Work Permit?
Immigration, Refugees and Citizenship Canada (IRCC) is the national agency responsible for immigration and other forms of entry to Canada. It helps everyone from refugees to students and professionals settle, seek citizenship, and obtain travel documents.
One of the ways people can work legally in Canada is by applying for an IRCC document called a work permit. This document describes the rules you have to follow to work in Canada. For instance, it will specify:
- What kind of work you may perform,
- Whom you may work for,
- How long you’re allowed to work, and
- Where you’re allowed to work.
What Is a Canadian Open Work Permit?
An open work permit is a special type of work permit. Unlike other work permits, it gives you access to opportunities from a broad range of employers.
The rules are pretty simple. With an open work permit, you can work for almost any employer in Canada — but there are two important exceptions to this rule:
- You can’t work for employers who offer certain adult services, such as erotic dances or massages, escort services, or strip teases.
- You can’t work for employers who are ineligible to participate in the program because they’ve previously failed to follow the rules.Why
Are There Restrictions to the Open Work Permit?
These rules aren’t meant to limit your options unfairly. Instead, they’re designed to protect immigrants from being taken advantage of. Before agreeing to work for any employer or going through the IRCC application process, you should use the official IRCC search tool to see if that employer has violated the law in the past.
What Is a US H-1B Visa?
The H-1B visa program lets US business owners access talented workers from outside the country. It applies to two main types of workers:
- Fashion models, and
- Workers in specialty occupations — jobs that require highly specialized knowledge and at least a bachelor’s degree or equivalent educational status.
It’s important to understand that H-1B is not an immigration program! In other words, these visas are temporary. Once yours is up, you’ll have to return to your home country or seek employment under a renewed H-1B visa.
Renewing an H-1B
Applying for a renewal typically involves leaving the US and travelling elsewhere while your application is processed. The government is moving towards easing that requirement by letting people with valid H-1B visas renew them without leaving the country.
As of 2023, being able to renew without leaving was just a pilot program designed to test the concept. You may still have to travel elsewhere while refreshing yours.
The New H-1B Visa Work Holder Open Work Permit in Canada
As neighbours, Canada and the United States have good relations regarding immigration law. There are numerous programs designed to make travel between the two countries easier, which can also be helpful for visa holders.
In June 2023, Canadian Immigration Minister Sean Fraser launched a new program specifically aimed at US H-1B visa holders. This fast-track effort made it easier for people who’d already gotten their H-1Bs to apply for an open work permit.
How Long Is the Canadian H-1B Open Work Permit Good For?
The maximum duration of the open work permit was three years. Not all work permits would last that long, but this is a nice chunk of time to develop a career and possibly pursue permanent citizenship.
Family Members
Another big benefit had to do with family members. If you applied for the program successfully, you could also bring your spouse and dependents.
Of course, your family members would still have to apply for their own temporary resident visas. These passport additions show they’ve qualified for admission to Canada as temporary residents.
When it first launched, this program was slated to last one year OR until 10,000 applications had been received. IRCC announced it had reached that milestone just days after the program started!
Applying for an H-1B Visa Work Holder Open Work Permit in Canada
So why should you care about this program if you can no longer apply? The key is in the details. Canada opened its path for H-1B holders to boost the labour market by keeping skilled workers in North America. Even though the original program has reached its limits, retaining, and supporting a highly skilled workforce is still a big goal.
In other words, similar programs may arise in the future. Of course, there’s no telling for sure until the immigration minister shares new plans. But looking at the previous requirements might be a good clue into how future initiatives could shape up — and help you prepare ahead of time. Here are the biggest highlights:
Who Can Use the Canadian H-1B Open Work Permit?
Want to apply for a Canadian open work permit as an H-1B candidate? You need to have already gotten your H-1B on the US side.
The Canadian government won’t give you special consideration just for meeting the requirements on paper. It’s vital to formalize your status by going through the official process. You also need to reside in the US already.
Finally, understand that your H-1B needs to be current and valid when you apply for a Canadian open work permit. You probably won’t be eligible for these programs if yours has expired.
Which Family Members Qualify Under the Canadian H-1B Open Work Permit?
We mentioned that relatives of H-1B visa holders can also apply for temporary residency programs. But that doesn’t mean you can necessarily bring your entire extended family with you. There are a few restrictions.
One essential point is that your family members must live in the US to be eligible. They’re also limited to specific family members, including your spouse, common-law partner, or dependent children. Finally, your family members must apply as the correct type of applicants: students, visitors, or workers.
Although these rules cover a lot of people, they might leave some out. The good news is that Canada also has a more general track for family members of highly skilled workers. To be eligible under this system, you AND your family must meet various requirements, which you can find here.
The Canadian H-1B Open Work Permit Application Process
One nice thing about programs like these is that they’re straightforward. If you’ve already gone through the US system, you should have most of what you need to move forward.
Gather Your Documentation
In terms of paperwork, there are three main boxes to check:
- Supply a copy of your current H-1B visa,
- Supply a copy of your I-797 Notice of Action form verifying your H-1B visa application’s approval, and
- Supply proof that you currently reside in the US.
The first two requirements only accept the documentation stated above. For the third, you have a variety of options. For instance, you can provide a form I-94 Arrival/Departure Record or your income tax report. Alternatively, you can supply a recent utility bill. If you can’t use any of these documents, talk with an immigration specialist. IRCC accepts a range of other formal evidence proving you live in the US.
Get Medically Cleared
Most people can enter Canada on the H-1B visa holder track without medical clearance. But there are some exceptions. If you work in jobs like healthcare, have visited certain countries recently, or are staying longer than six months, you may need to get an exam from an approved physician. You should complete your checkup before you apply if you fall into one of these categories.
Apply Online
After you’ve gotten your documents and fulfilled any medical requirements, you’ll apply online. This process is usually as simple as making an IRCC account, submitting the paperwork, and answering the questions.
What if you’re a family member? There aren’t too many restrictions, but you should wait until the H-1B holder receives a letter of introduction confirming their approval.
As a final note, most family members have to apply online. The only exception is if you have a disability that keeps you from doing so. In that case, you must include an explanatory note with your paper form.
Want to Learn More About Coming to Canada?
The H-1B visa holder program is just one option. There are many ways to come to Canada as a temporary resident, worker, student, or visitor. To find out more, get in touch with the AllCleared team.