Canada open work permit for US H1B visa holder

A Canada Open work permit is a type of work permit that allows foreign nationals to work for any employer in Canada. Foreign nationals do not need a job offer or a Labor Market Impact Assessment (LMIA) to apply for a work permit. H1B visa holders with a Canada’s open work permit will be allowed to work in Canada for up to three years and bring their immediate families to Canada with them. It is an extremely popular choice for H-1B visa holder as the cap of 10,000 applications was reached within two days.  This program helps attract highly skilled foreign workers to Canada and boosts economic growth.

The Canada open work visa is an excellent opportunity for H1B holders looking to expand their career opportunities or want to experience living and working in Canada. This program is also valuable for spouses and dependents of H-1B visa holders who want to apply for work and study permits in Canada. 

Starting from July 16, 2023, U.S.-based H-1B workers and their immediate family members are eligible to apply for a Canada work permit of up to 3 years, which will enable them to explore employment opportunities with almost any Canadian employer. This permit allows applicants to work for any employer anywhere in Canada, opening up possibilities for expanding their professional networks and gaining valuable international career experience.

Family Members and Dependents of H1B visa holders may also be eligible for an open work permit in Canada. The following family members can also apply for an open work permit:

• Spouses or common-law partners
• Dependent children
• Family members and dependents of H-1B visa

4 Essential pillars for H-1B visa holders

Canada offers four key pillars for US H-1B visa holders with a better sense of security and long-term prospects:

Pillar 1: 3-year Open work permits for H-1B’s and their immediate family members

Pillar 2: Innovation stream under the International Mobility program

Pillar 3: Canada is a destination filled with opportunities for Digital Nomads

Pillar 4: Boosting existing programs for High Skilled Tech workers 

Canada open work permits VS H1-B visa

Below are the differences between a Canada open work permit and an H1-B visa:

Difference	Canada Open Work Permit (OWP)	H-1B visa
Description	Allows anyone to work for any employer in Canada without LMIA	A non-immigrant, temporary work visa that allows US businesses to employ foreign nationals in specialty occupations
Benefits	skilled workers, freelancers, students, and spouses of workers or international students	graduate-level foreign nationals
Job offer	Not mandatory	Mandatory to avail the visa
Eligibility	Relation to a Canadian worker or students and Immigration status	Job offer, Education, Labor condition application, prevailing wage, lack of qualified US workers

 

Life of H-1B’s in US vs. Life of H-1B’s in Canada

Here is the comparison of the life of H-1B’s in the USA and in U.S. H-1B’s in Canada

Factors	H-1B’s in the U.S.	U.S. H-1B’s in Canada
Status	Temporary work visa for skilled workers	Acquire Permanent residency status
Country	United States	Canada
Duration	Up to 3 years initially, can be extended up to 6 years	Permanent residency does not expire, but a PR card needs to be renewed every 5 years.
Future	Uncertain.	Promising Future, especially for H-1B’s.
Eligibility	Employer sponsorship and job offer required	67 points in Canada’s point’s grid. Job offer is NOT required.
Job Restrictions	Tied to a specific employer and job position	Free to work for any employer in any occupation
Dependents	Spouses and unmarried children can get H-4 visas	Spouses/common-law partners and dependent children can also get PR.
Education for Children	Education is affordable	Education is FREE.
Path to Citizenship	Can lead to a Green Card and eventual citizenship	Eligible to apply for Canadian citizenship after 3 years.
Citizenship Timeline	Takes several years	Takes 3-5 years
Healthcare	Access to a universal healthcare system.	Free Healthcare for you and your family members.
Geographic Flexibility	Limited to working for the sponsoring employer and location	Live and work anywhere in Canada under any employer.
Cost	7000$ – 9000$	2000$ – 2,300$
Dependence on Job	Loss of employment can lead to visa expiration and potential deportation.	Independent of job, unless PR card renewal requirements are not met. No deportation.

 

Benefits of Canada Open Work Permit for H1B visa holder

• Work in Canada for up to three years
• Can work for any employer
• Bring family
• Free Education for your children
• Apply for permanent residence in Canada
• Gain Canadian work experience
•  Work as an great alternative to the US visa process

Eligibility criteria for Canada Open Work Permit for H-1B visa holder

• Must be a holder of a valid H1B visa
• Must be a resident of the United States
• Must have a valid passport
• Clean criminal record
• Language proficiency for the occupation intended to work in Canada

Requirements for Canada Open Work Permit for H-1B visa holder

• Valid H1B Speciality occupation visa
• Form I-797/I797B Notice of Action
• Residing in the US
• Job offer from a Canadian employer
• Meet job requirements
• Education qualification
• Work experience 

Steps to apply for Canada Open Work Permit for H-1B visa holder

Step 1: Check your eligibility for the visa

Step 2: Complete the application process

Step 3: Sort out the requirements

Step 4: Pay the application fee

Step 5: Wait for the visa processing

Step 6: Once approved, work in Canada 

Processing time for H-1B’s Canada Open Work permit

The processing time for an H-1B Canada Open work permit typically takes around 6-8 months or longer to process the Canada Open Work permit.

Processing Fees for H-1B’s Canada Open Work Permit

Fees	$CAN
Applicant work permit	155
Biometrics	85
Spouse open work permit	100
Spouse Biometrics	85
Children	150

How can Y-Axis help you?

Y-Axis is regarded as the world's No. 1 overseas immigration consultancy, which provides unbiased and personalized immigration assistance for 25+ years. Our team of visa and immigration experts will assist you with the following:

• Arranging checklist of requirements
• Filling out application forms
• Documentation and petition filing
• Finding relevant jobs with Y-Axis Job Search Services
• Obtaining Canadian Permanent Residence