The work permit for holders of an H-1B visa has now been made available by Immigration, Refugees, and Citizenship Canada (IRCC). From July 16, 2023, holders of an H-1B specialty occupation visa from the United States may apply for an Open Work Permit (OWP) in Canada for a maximum of three years. Open Work Permit for H-1B Visa Holder
Sean Fraser, Canada’s Minister of Immigration, made this announcement on June 27, 2023, in an effort to keep highly skilled workers in the region. As a result, anyone in the USA with a valid H-1B Specialty Occupations visa can now apply for OWP.
Open Work Permit for H-1B Visa holders
You are eligible for an open work permit as an H-1B visa holder for up to three years. Although you cannot receive an extension under this legislation, you may receive one under another program. Until the IRCC gets 10,000 applications, whichever comes first, this temporary provision will endure for a year. It is advised to apply as soon as possible before the deadline for new applications to this program.
Who can apply
To be eligible for this temporary scheme, you need to
- have a valid H-1B specialty occupation visa and
- presently live in the USA
Regarding Bringing your family
Below family members staying in the US can apply to accompany you to Canada, i.e.
- your spouse
- your common-law partner
- your dependent children
They can come as either:
- a visitor
- a student
- a worker
In case, your family members are not found eligible to come under this scheme, they may be eligible to come as family members of highly skilled workers.
Eligibility requirement for H-1B open work permit
To apply, you require the following
- a copy of your current H-1B visa
- Form I-797/I797B, Notice of Action
- This is a letter from the US government confirming your H-1B application was approved.
- proof that you live in the US, such as
- Form I-94, Arrival/Departure Record
- a recent utility bill
- an income tax report
- any document that proves you live in the US
H-1B open work permit Process
- The IRCC will check your application to ensure that you have all the essential documents, including biometrics.
- An officer will also check that you
- qualify for a work permit
- you are admissible to Canada
- IRCC may also ask you to
- go to an interview with the officials
- send more information or documents
- If your work permit application is approved, you will get an approval letter. This letter is called the port of entry letter of introduction.
This letter should be with you when you arrive in Canada and present it at the port of entry. However, this letter is not your work permit. You will only get your work permit at the port of entry the day you land in Canada. The work permit will outline as to how long you can work and the conditions you can work under.
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