United States’ H-1B Visa Holders Can Apply For Open Work Permit in Canada Starting July 16th

In an innovative move to bolster the Canadian tech industry, Canada’s Immigration Minister Sean Fraser yesterday announced the government’s first-ever Tech Talent Strategy.

Launched at Collision 2023, the strategy features a myriad of measures to help Canadian businesses stay competitive in the tech industry.

Foremost amongst these measures is the creation of an open work-permit stream for American H-1B specialty occupation visa holders.

 

This permit enables them to apply for a Canadian work permit and avail study or work permit options for their immediate family members. Starting from July 16, 2023, these visa holders and their families can apply for the open work permit, which lasts up to three years, and allows them to work for almost any employer across Canada.

Additionally, spouses and dependents of the primary applicants will be eligible to apply for a temporary resident visa, inclusive of a work or study permit, broadening the opportunity for skilled workers to thrive and progress in their careers.

This initiative will continue for one year or until the Immigration, Refugees and Citizenship Canada (IRCC) receives 10,000 applications. To maintain control over the cap, only applications from principal applicants will be considered, excluding those of accompanying family members.

The new Tech Talent Strategy also features the creation of an Innovation Stream under the International Mobility Program to attract highly talented individuals. These measures include employer-specific work permits for up to five years for workers employed by companies contributing to Canada’s industrial innovation goals, open work permits for up to five years for highly skilled workers in select high-demand occupations, and a return to the 14-day service standard for work permits under the Global Skills Strategy.

Canada aims to promote itself as a destination for digital nomads and develop a STEM-specific draw under category-based selection to issue additional invitations under the Express Entry program. This initiative is complemented by improvements to the Start-up Visa Program, which include increasing allocated spots for 2023, with further increases planned for 2024 and 2025.

Under the revamped Start-up Visa Program, applicants can apply for a work permit that lasts up to three years, up from the previous limit of one year. They can also apply for an open work permit that removes the restriction of working only for their own start-up. This three-year open work permit extends to each member of the entrepreneurial team, prioritizing applications supported by venture capital, angel investor groups, and business incubators with committed capital, as well as those supported by incubators who are members of Canada’s Tech Network.

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