Decoded: How Indians with US H-1B visa can gain from Canada's work permits

Canada's open work permits provide H-1B visa holders with an attractive alternative to the often restrictive and uncertain US visa process

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 15 July 2024, the policy was halted early on 17 July 2023 due to an overwhelming number of applications.

What is Canada's Open Work permit

An open work permit allows a foreign national to work for any Canadian employer he/she wants over a specified period of time. Some open work permits may restrict the kind of job or place the foreign national may work. A worker may apply for an open work permit from outside of Canada, within Canada or at a Canadian port of entry.

Saurabh Arora, CEO and Founder of University Living, noted, "By offering open work permits valid for up to three years, this policy provides H-1B visa holders with an attractive alternative to the often restrictive and uncertain US visa process. Extending benefits to spouses and dependents, who can also apply for work or study permits, makes Canada a highly appealing destination for skilled professionals."

Benefits for Indians in the US

For Indian professionals, who make up a large portion of H-1B visa holders, this policy is a unique opportunity. The H-1B visa is a prized route into the US for international students, allowing them to work for a sponsoring company for three years post-graduation, with the possibility of a three-year extension. Many MBA and business masters graduates use this visa to secure roles in top tech firms like Apple, Meta, and Google.

"The Canadian immigration system, known for its transparency and efficiency, now offers a viable pathway to permanent residency, a considerable advantage over the green card process in the US," says Arora.

Abhijit Zaveri, Director and Founder of Career Mosaic, adds, "The high demand and rapid filling of the annual H-1B visa quota in the US often leave many skilled workers in an uncertain position concerning visa renewals and green card availability. Recognising this, Canada's new policy offers a streamlined pathway that could be particularly attractive, providing a more stable and potentially faster alternative for those facing uncertainties in the US."

Advantages in Canada:

— The Canadian immigration system offers a transparent and efficient pathway to permanent residency.

— This is a significant advantage over the US green card process.

Eligibility criteria

To qualify for an open work permit in Canada, H-1B visa holders needed to meet specific criteria.

Requirements:

— Hold a valid H-1B Specialty Occupations visa.

— Reside in the United States.

— Secure a job offer from a Canadian employer that meets certain standards.

Family member eligibility:

— Temporary Resident Visa (TRV)

— Study Permit

— Open Work Permit

Zaveri suggests, "Securing employer sponsorship or obtaining a valid job offer from a Canadian employer is an important step in the application process. Therefore, networking and actively applying for jobs in Canada can significantly improve the chances of meeting this requirement. Staying informed about the latest immigration regulations and any updates to the policy is also essential. Consulting with immigration experts can provide valuable guidance and support. A proactive approach, including gathering all necessary documents, understanding the timeline, and being ready for interviews or additional requirements, is critical."

Impact on competitiveness

"The introduction of Canada's new work permit policy for H-1B visa holders is likely to increase the competitiveness of Indian students and professionals in the Canadian job market. These highly skilled individuals, often with education and experience from the US, bring valuable skills that align well with the demands in Canada, especially in sectors like technology and engineering," says Zaveri.

Arora adds, "This shift is likely to enhance the flow of experienced talent into Canada, benefiting sectors such as technology, healthcare, and engineering."

Applying for TRV or study permit as a family member

Family members of H-1B visa holders who have already applied for a Canadian work permit can apply for a Temporary Resident Visa (TRV) or study permit through the IRCC Portal.

Supportive policies introduced

To address the high demand, Canada introduced two additional supportive policies last year to aid H-1B visa holders:

1. Application consideration post-cap:

 — Effective from 27 September 2023.

 — Applications exceeding the 10,000 cap submitted after the initial policy expired on 17 July 2023, but before the online portal closed, will be considered.

2. Family member applications:

 — 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.