In response to overwhelming demand and hitting the application cap for exempting selected American H-1B visa holders from work permit obligations, Canada has adjusted its policies to accommodate qualified applicants.
Initially, the exemption policy was slated to run until July 15, 2024, but had to be halted on July 17, 2023, due to the high volume of applicants, reaching the cap of 10,000 principal applicants.
To be eligible for an open work permit in Canada, H-1B visa holders must meet specific criteria, including holding a valid H-1B Specialty Occupations visa, residing in the United States, and obtaining a job offer from a Canadian employer that meets stipulated standards.
Canada introduced two additional supportive policies:
Extension of Application Consideration: Applications exceeding the 10,000 cap submitted after the initial policy’s expiration on July 17, 2023, but before the online portal closure, will be considered.
Processing for Family Members: Applications from family members seeking work permits post-initial policy expiry and before September 28, 2024, will also be processed under the new framework.
Moreover, children under 17 of H-1B visa holders will be exempt from the $150 study permit processing fee if granted an H-1B open work permit upon entry into Canada.
Additionally, a policy announced on December 16, 2023, aims to streamline work permit renewal procedures for foreign nationals in Canada who initially received work permits for less than three years. This policy ensures these individuals can benefit from the full three-year maximum of this work permit category, offering continuity and support for skilled foreign workers in the country.
These adjustments demonstrate Canada’s commitment to supporting skilled foreign workers and maintaining a competitive edge in attracting talent from around the world.
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