Good news for H-1B specialty visa holders in the United States! A new pathway to live and work in Canada has been introduced.
In addition to existing permanent and temporary options, H-1B visa holders can now apply for a Canadian Open Work Permit (OWP) starting from July 16. This permit enables eligible H-1B holders and their immediate family members, including spouses and dependents, to work for any employer in Canada for up to three years. The Immigration, Refugees, and Citizenship Canada (IRCC) will be accepting applications for this new OWP for either one year or until reaching a cap of 10,000 applications in 2023.
Now, you may be wondering whether you can apply for both the Canadian work permit and permanent residence through Express Entry at the same time. The answer is yes, and there are some compelling reasons to do so.
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Applying for both the H-1B OWP and Express Entry offers several benefits. The IRCC aims to process most work permit applications submitted outside Canada within 60 days, with even shorter service standards for certain pathways like the Global Talent Stream.
If you are already eligible for permanent residence, you can apply through the Express Entry application management system, which is Canada’s primary way of managing skilled worker immigration. Candidates in the Express Entry pool are evaluated based on various human capital factors and assigned a Comprehensive Ranking System (CRS) score. Higher CRS scores increase the likelihood of receiving an Invitation to Apply (ITA) for permanent residence.
Even if you haven’t lived or worked in Canada before, you can assess your eligibility under the Federal Skilled Worker Program (FSWP) to pursue permanent residence through Express Entry.
One significant advantage of applying through Express Entry is its service standard of processing permanent residence applications within six months.
You can begin by uploading your Express Entry profile on the Canadian government’s website and use the H-1B OWP to enter Canada for work while seeking permanent residence. Moreover, gaining at least 12 months of eligible work experience in Canada can boost your CRS score, increasing your chances of receiving an ITA.
Additionally, having one year of eligible Canadian work experience makes you eligible for Express Entry’s Canadian Experience Class (CEC) program, waiving the requirement to demonstrate sufficient settlement funds (mandatory under FSWP).
Overall, H-1B visa holders are well-positioned to apply for permanent residence through Express Entry, given their high human capital, such as skilled work experience, post-secondary education, and strong English language abilities. The recent IRCC year-end report on Express Entry for 2021 revealed that the U.S. was among the top five countries of residence for Express Entry ITA recipients between 2019 and 2021.
The Canadian government’s tech talent strategy, introduced by immigration minister Sean Fraser, further adds to the appeal. It includes category-based selection draws for Express Entry candidates with specific, in-demand occupations, particularly in science, technology, engineering, and mathematics (STEM) fields. These occupations are crucial in addressing critical labor force gaps in Canada’s economy.
There are numerous pathways to permanent residency in Canada, and H-1B visa holders with the new OWP can enhance their journey by applying for Express Entry after arriving in Canada. With their high human capital and the added advantage of the STEM category-based Express Entry rounds of invitation, they can make significant progress towards Canadian permanent residency.
