Canada Extends Open Work Permits for H-1B Visa Holders and Families

Canada is taking major steps to attract top talent from around the world, particularly those working in the tech industry. The latest update from Immigration, Refugees, and Citizenship Canada (IRCC) opens up exciting opportunities for U.S.-based H-1B visa holders and their families to live and work in Canada. Here’s a detailed breakdown of what you need to know:

What’s Happening?

• New Policies Introduced: On September 27, 2023, IRCC introduced a complementary public policy to make it easier for H-1B visa holders and their family members to obtain open work permits, even if they missed the initial application window in July.
• Tech Talent Strategy: This initiative is part of Canada’s Tech Talent Strategy launched on June 27, 2023, aiming to attract highly skilled workers, especially in the IT sector, to strengthen Canada’s economy and innovation potential.

Key Details of the New Policy

• Who Can Apply?
  • H-1B visa holders residing in the U.S. as of July 16–17, 2023, can apply.
  • Family members, such as spouses, common-law partners, and dependent children, are also eligible.
• Why This Policy Matters:
  • Canada is looking to bring in skilled professionals from the U.S. tech industry, leveraging their experience to boost the Canadian workforce.
  • It allows Canadian employers to tap into a pool of highly qualified workers, giving them a competitive edge in the global market.

What’s Included in the Policy?

• Open Work Permits for H-1B Holders and Families:
  • Open work permits give holders the flexibility to work for any employer in Canada.
  • The policy originally capped applications at 10,000, but now it’s processing applications received before the portal closed.
• Study Permit Fee Waiver for Minor Children:
  • Minor children (17 and under) of H-1B visa holders can study in Canada without paying the $150 study permit fee.
  • This waiver applies to those already in Canada with H-1B open work permits.

Upcoming Changes – December 16, 2023

• A complementary public policy will come into effect, allowing work permit renewals for foreign nationals who received permits for less than three years. This means:
  • They can extend their work permit to benefit from the full 3-year maximum duration.
  • This policy will remain in effect until December 16, 2026.

How This Policy Benefits Applicants:

• Flexibility: Open work permits offer freedom to work with any employer in Canada, making it easier to find job opportunities.
• Family Inclusion: Spouses and children can also access work and study opportunities, making the transition smoother.
• Support for Tech Talent: Canada’s proactive approach ensures that skilled workers from the U.S. tech sector have a clear pathway to contribute to Canada’s growing economy.

Quick Summary

• Canada’s policy change helps H-1B visa holders and their families find work and study opportunities more easily.
• Families can apply for work permits, and minor children get study fee exemptions.
• The policy reflects Canada’s ongoing effort to attract the world’s best talent and stay competitive in the global tech landscape.

This move solidifies Canada’s reputation as a welcoming destination for skilled professionals looking to expand their careers while providing their families with new opportunities.

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