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Exploring Alternatives for H1B Visa Holders Seeking Canada's Opportunities.
- Vikrant Gungash
- Aug 29, 2023
- 4 min read
By Jessica Thakur
August 29, 2023
Canada – As the application window for Canada's Open Work Permit (OWP) for H-1B visa holders closed in just two days, many are left wondering about alternative pathways to explore. Introduced on July 16, the OWP garnered significant attention, reaching its application cap of 10,000 swiftly. For those who missed this opportunity, a range of options still exists for H-1B visa holders aspiring to immigrate to Canada.
The OWP initiative was a part of Canada's strategic tech talent approach, granting specialized professionals the ability to work for various employers in Canada for up to three years. Furthermore, this permit extends the privilege to bring immediate family members along.
Although the OWP quota has been met, there are several avenues that H-1B visa holders can explore to make their Canadian dreams a reality. Notably, many of these options do not necessitate a Labour Market Impact Assessment (LMIA), a document submitted by employers to ensure that hiring foreign nationals will not negatively impact Canada's economy or labor force.
Global Talent Stream
Canada's Global Talent Stream (GTS) serves as an attractive route for foreign nationals, especially those in the IT sector, aligning with the criteria of "specialty occupation" for H-1B visa holders. While employers using this stream must still submit an LMIA, there are two distinct categories within this stream.
The first category, Category A, caters to expanding companies requiring specialized talent from overseas. Referral to the Global Talent Stream by a designated referral partner, often a local or provincial business association, is a prerequisite.
Category B targets companies in need of skilled foreign workers for occupations listed in the Global Talent Occupations List. These in-demand roles face a domestic labor shortage.
Candidates under the GTS can expect their applications to be processed within two weeks, as outlined by Immigration, Refugees and Citizenship Canada (IRCC) standards.
Intra-Company Transfers
Another avenue is the Intra-Company Transfer Work Permits (ICTs), tailored for companies with international branches to facilitate employee mobility. Employers benefit under two circumstances:
1. When the enterprises, both within and outside Canada, have a parent, subsidiary, branch, or affiliate relationship.
2. When these enterprises are actively engaged in business, providing goods and services on an ongoing basis, and possess an operational presence in Canada.
Applicants for ICT Work Permits must meet specific criteria:
1. Be currently employed by a multinational company, seeking to work in a parent, subsidiary, branch, or affiliate in Canada.
2. Transfer to a qualifying company relationship in Canada, with at least one year's continuous employment in a similar full-time position in the three years preceding the application.
3. Intend to work temporarily in Canada and adhere to immigration requirements.
CUSMA
The Canada United States Mexico Agreement (CUSMA) presents an option for Mexican citizens employed by multinational companies with a Canadian branch. Like other routes, this work permit eliminates the need for an LMIA. Moreover, American and Mexican citizens do not require a Temporary Resident Visa for Canada entry.
CUSMA encompasses four temporary work categories:
1. CUSMA Professionals
2. CUSMA Intra-Company Transfers
3. CUSMA Traders
4. CUSMA Investors
Each category carries distinct eligibility criteria, catering to a range of professionals, traders, and investors intending to enter Canada temporarily.
Business Visitors
For those seeking business purposes, Canada allows entry without an LMIA under certain conditions, including attending meetings, purchasing Canadian goods, providing after-sales service, training by a Canadian parent company, or training other employees. Eligibility requires a stay of under six months, no intention to enter the Canadian labor market, and a primary business presence outside Canada.
While the OWP for H-1B visa holders may have reached its cap, Canada's various pathways continue to provide opportunities for skilled professionals aspiring to contribute to its diverse and thriving economy.
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