Canada Announces New Measures for H-1B Visa Holders

On June 5, 2024, the Government of Canada unveiled detailed updates to the public policy measures affecting H-1B visa holders. This announcement follows a series of policy changes aimed at facilitating smoother transitions for H-1B workers and their families looking to move to Canada.

Initially, on July 16, 2023, Immigration, Refugees and Citizenship Canada (IRCC) introduced a temporary public policy exempting certain American H-1B visa holders from needing a work permit. This policy quickly reached its application cap of 10,000 and expired on July 17, 2023. However, recognizing the high demand, Canada introduced two additional public policies on September 27, 2023, and December 16, 2023, to extend and expand these measures.

Key updates include the continued processing of applications submitted beyond the initial 10,000 cap if they were received within the specified period. Furthermore, family members of H-1B visa holders are still eligible to apply for open work permits until September 28, 2024, even after the initial policy’s expiration.

In a significant move to support families, Canada has waived the $150 study permit processing fee for minor children (aged 17 and under) of H-1B visa holders. This waiver applies if the children hold an open work permit and have submitted their study permit application before September 28, 2024.

Additionally, the new policies allow foreign nationals in Canada with H-1B open work permits valid for less than three years to apply for renewals. These renewals can extend their permits up to the full three-year maximum, provided the extension application is submitted by December 16, 2024.

These policy adjustments underscore Canada’s commitment to attracting skilled workers and their families, ensuring a smoother transition for H-1B visa holders seeking new opportunities north of the border. With these measures, Canada continues to position itself as a welcoming destination for global talent and their families.