On June 27, 2023, the Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship, made some important announcements, one of which may be relevant to temporary foreign workers in Canada, and one of which may be relevant to some individuals in the United States.
1. Temporary removal of restrictions on studies authorized for temporary foreign workers
The Honourable Fraser announced that as of June 27, 2023, the Government of Canada is implementing a new temporary measure allowing temporary foreign workers to study full time or part time without a Study Permit, without any restrictions or limits on the length of the study program.
Temporary foreign workers who hold a valid Work Permit and temporary foreign workers who have submitted an application to renew their Work Permit on or prior to June 7, 2023, will be allowed to benefit from this new temporary measure. Those who apply for a Work Permit or Work Permit extension on June 8, 2023 are not eligible for this temporary measure.
The new temporary measure is effective immediately, and will remain in effect for a temporary period of three years.
Prior to the implementation of this new temporary measure, temporary foreign workers were not permitted to enrol in a study program of six months or longer, unless they obtained a valid Study Permit.
Under this new three-year temporary measure, temporary foreign workers will be allowed to enrol in any study program on a full-time basis or part-time basis, regardless of the length of the study program, while their Work Permits remain valid, or until this new temporary policy expires. Temporary foreign workers who wish to study beyond the validity of their Work Permit will be required to apply for a Study Permit.
2. Government of Canada to create a new H-1B Specialty Occupation visa holder Work Permit
The Honourable Fraser announced that as of July 16, 2023, a new Work Permit stream will be made available to H-1B Specialty Occupation visa holders in the United States. This measure is part of the initiatives of the Government of Canada for its Tech Talent Strategy.
Under this new Work Permit stream, H-1B Specialty Occupation visa holders will be able to apply for a Work Permit of a duration of up to three years. Approved applicants will receive an open Work Permit, which means they will be able to work for almost any employer anywhere in Canada. Accompanying spouses and dependants will also be eligible to apply for a Work Permit or Study Permit, as needed.
This measure will remain in effect for one year, or until Immigration, Refugees and Citizenship Canada (IRCC) receives 10,000 applications. Only principal applicants, and not their accompanying family members, will count toward the application cap.
The initiative will help Canada attract top global tech talent and be competitive on the international level. The Government of Canada is also studying the promotion of Canada as a destination for digital nomads.
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