Yesterday, the Government of Canada opened up the applications for the H-1B visa holder work permit that was announced on June 27, 2023 by the Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship as part of the initiatives of the Government of Canada for its Tech Talent Strategy.
Under this temporary measure, H-1B holders can apply for an open Work Permit of a duration of up to three years. If their passport expires in less than three years, their Work Permit will expire at the same time as their passport. There are no possible extensions under this initiative.
This policy will remain in effect for one year or until Immigration, Refugees and Citizenship Canada (IRCC) receives 10,000 applications. As the new measure is open to all H-1B holders, the 10,000 application cap is expected to be reached very quickly.
- Who can apply for an H-1B visa holder Work Permit
In order to be eligible under this policy, individuals must:
- Have a valid H-1B speciality occupation visa and
- Currently live in the United States
Accompanying family members currently living in the US can include: a spouse, a common-law partner, and/or dependent children. They will be eligible to apply for a Work Permit or Study Permit, as needed. If a family member does not qualify under this policy, they may be eligible as family members of highly skilled workers.
- How to apply for an H-1B visa holder Work Permit
To apply for the H-1B visa holder Work Permit, interested individuals will need to present a copy of their current H-1B visa, Form I-797/I797B, Notice of Action, and proof that they currently live in the United States, such as Form I-94, Arrival/Departure Record, a recent utility bill, or an income tax report.
Applications must be submitted through the IRCC Portal (eApp). The principal applicant must complete an application for each family member they wish to include in their application, and can submit them all at once. If the principal applicant has already submitted their application, accompanying family members can apply using their account once the principal applicant has received their port of entry letter of introduction, which is an approval letter stating that the applicant is allowed to work in Canada.
Processing times for these applications are approximately 2 months. Biometrics will also be required after the application is submitted.
Message from the team:
Everyone at Gomberg Dalfen remains available to address any question, concern or mandate you may have. You will be able to reach us at our usual email addresses and telephone numbers. Contact one of our lawyers if you require assistance or have questions. H-1B visa holders who are interested in applying under this temporary measure are invited to contact us as soon as possible.
Please note: Information contained in this bulletin should not be taken as legal advice. The content of this bulletin is intended to be general and should not be relied upon for any individual case or situation.