Canada introduced a new Open Work Permit (OWP) for H-1B visa holders as part of its tech talent strategy. The OWP allows specialized occupation candidates to work for any employer in Canada and is valid for up to three years. It also permits holders to bring their immediate families to Canada.
The OWP option garnered immense popularity, reaching its application cap of 10,000 within just two days. However, H-1B visa holders still have other pathways to immigrate to Canada, and many of these do not require a Labour Market Impact Assessment (LMIA).
Global Talent Stream (GTS):
This program is an attractive choice for IT professionals eligible under the "specialty occupation" definition for H-1B visa holders. Employers seeking to hire through GTS can apply under Category A for expanding companies referred by designated partners, or Category B for specific skilled occupations with high demand and low domestic labor supply. Processing for GTS applications typically takes around two weeks.
Intra-Company Transfers:
H-1B visa holders can explore Intra-Company Transfer Work Permits (ICTs), designed for companies with branches in multiple countries to facilitate employee movement. ICTs don't require an LMIA and involve specific criteria related to the relationship between the companies and the employee's qualifications.
Canada United States Mexico Agreement (CUSMA):
Mexican citizens employed by multi-national companies with branches in Canada can benefit from CUSMA. Like GTS and ICTs, CUSMA Work Permits do not need an LMIA. The agreement encompasses four categories of temporary work: CUSMA Professionals, CUSMA Intra-Company Transfers, CUSMA Traders, and CUSMA Investors.
Business Visitors:
Foreign nationals can enter Canada for business activities without an LMIA, provided they plan to stay less than six months, won't enter the Canadian labor market, and maintain their primary business and income sources outside Canada.
With these alternative pathways, H-1B visa holders have various options to explore their immigration prospects to Canada, making it easier for them to work and settle in the country.