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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 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 holders 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 holders

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 U.S. 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, and lack of qualified U.S. 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 the 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 must be renewed every 5 years
Future Uncertain Promising future, especially for H-1Bs
Eligibility Employer sponsorship and job offer required 67 points in Canada’s points 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 the sponsoring employer and location Live and work anywhere in Canada under any employer
Cost $7,000 – $9,000 $2,000 – $2,300
Dependence on Job Loss of employment can lead to visa expiration and potential deportation Independent of job unless PR renewal rules are not met; no deportation

 

Benefits of the Canada Open Work Permit for H1B visa holders

  • 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 a great alternative to the US visa process
     

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

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

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

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

Sign up for a free expert consultation

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Frequently Asked Questions

How do I adjust my status from temporary to permanent residency as an H-1B visa holder?
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Are the dependents allowed to work or study in Canada?
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Who is eligible for the H-1B OPW program?
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What are the supporting documents I need to apply for the H-1B OWP program?
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What is the processing time for the Canada Open work visa program?
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