H1B holders can now apply for Open Work Permit for Canada

This initiative aims to retain highly skilled workers within North America. Individuals residing in the US with a valid H-1B Specialty Occupations visa are eligible to apply for an open work permit for Canada.

Under this policy, successful applicants can obtain an open work permit that is valid for a duration of up to 3 years. It’s important to note that if your passport is set to expire within less than 3 years, your work permit will expire at the same time as your passport. Although extensions are not available under this specific initiative, alternative programs may offer extension possibilities.

It is essential to be aware that this temporary policy will be in effect for 1 year or until a total of 10,000 applications have been received, depending on which comes first.

What is the application fee for an Open Work Permit for H1B visa holders?

The application fee for Open Work Permit is CAD 155.

What is an Open Work Permit?

An open work permit is a type of work permit that grants individuals the freedom to work for any employer in Canada, except for employers who are deemed ineligible due to non-compliance with conditions or those engaged in specific activities such as striptease, erotic dance, escort services, or erotic massages.

To be eligible for an open work permit under this temporary policy, the following criteria must be met:

• Possession of a valid H-1B specialty occupation visa.
• Current residence in the United States.

By meeting these qualifications, individuals can apply for an open work permit, which offers flexibility and allows them to seek employment opportunities with various employers across Canada, excluding those specified as ineligible.

Who you can bring on this visa?

Under the policy for bringing family members to Canada, the following individuals residing in the US can apply to accompany you:

• Your spouse
• Your common-law partner
• Your dependent children

These family members have the option to come to Canada as visitors, students, or workers, depending on their eligibility and desired status.

However, if your family members do not meet the requirements under this specific policy, they may still be eligible to come to Canada as family members of highly skilled workers. Different programs and criteria may apply in such cases.

It is important to carefully assess the eligibility of your family members and explore the appropriate avenues for their immigration to Canada, considering their specific circumstances and qualifications.

How can you apply for an Open work permit for H1B holders?

Before applying, it is important to gather the necessary documents. To complete your application, you will typically need:

• A copy of your current H-1B visa.
• Form I-797/I797B, which is a Notice of Action issued by the US government confirming the approval of your H-1B application.

Proof of your residence in the US, which can include documents such as:

• Form I-94, Arrival/Departure Record.
• Recent utility bills.
• Income tax reports.
• Any other document that demonstrates your residency in the US

Additionally, it is advisable to check if a medical exam is required as part of the application process.

Remember to ensure you have these documents prepared and available before starting your application to facilitate a smooth and efficient process.

What are the steps to apply for the Open Work Permit for an H1B visa holder?

To apply for the open work permit through the IRCC (Immigration, Refugees and Citizenship Canada) Portal, follow these steps:

• If the IRCC Portal asks for your Unique Client Identifier (UCI) and you are applying for the first time, enter “00000000” as you won’t have a UCI yet. Proceed with your application.
• If it’s your first time using the IRCC Portal, create a new account. Provide your email address and a verification code will be sent to you for signing up.
• After logging into your account:

a. Click on the option to apply to visit, study, or work in Canada as a temporary resident.

b. On the following page, tick the box at the bottom indicating that you are ready to start your application.

c. If you are applying to bring eligible family members with you:

• Answer “Yes” when asked if you want to apply for more than one person at the same time.
• Select “Family” as the type of group that applies to your situation.
• On the Manage group page, click on “Add member” for each family member.
• You must complete a separate application for each family member but can submit them all together when finished.

d. When prompted to select the purpose of your application, choose “Open work permit for an H-1B visa holder.”

e. Proceed to answer the remaining questions to finalize and complete your application.

By following these steps, you can efficiently apply for a work permit through the IRCC Portal, ensuring a smooth application process.

How can you apply as a family member of an H1B holder who has already applied for an open work permit for Canada?

If you are a family member of an individual who already holds an H-1B visa and has applied for their own work permit, you can also apply to work in Canada. However, it is important to wait until they have received their port of entry letter of introduction before proceeding with your application. Once they have received their letter, you can utilize their account and follow the same steps mentioned earlier to apply for your own work permit. By using their account, you can benefit from the information and details already provided, streamlining the application process for your own work permit.

What is the processing time for the application?

The processing time for the application is Six weeks.

How your application for an open work permit is processed?

During the processing of your application, the authorities will carefully review the documents you have submitted, including biometric information if required. If your application is found to be incomplete and lacking the necessary documents, it may be refused without further processing.

An immigration officer will assess whether you meet the qualifications for a work permit and determine if you are admissible to enter Canada. As part of the process, you may be requested to attend an interview with immigration officials or provide additional information and supporting documents.

Overall, the processing of your application involves a thorough examination of your eligibility for a work permit, and your admissibility to Canada, and may involve additional steps such as interviews or document requests to ensure all relevant information is considered.

What happens once you have applied for an Open Work Permit?

Upon the approval of your work permit application, you will receive an approval letter known as the port of entry letter of introduction. This letter confirms your authorization to work in Canada. It is important to carry this letter with you when you travel to Canada and present it at the port of entry. It is crucial to note that the port of entry letter of introduction is not your actual work permit.

When you arrive in Canada, you will be issued your work permit at the port of entry. The work permit will provide detailed information regarding the duration of your authorized employment and the specific conditions under which you are permitted to work.

List of some of the accepted occupations under the H1B Visas:

• IT / Computer professionals
• University professors and teachers
• Engineers
• Healthcare workers
• Accountants and Auditors
• Financial analysts
• Management consultants
• Lawyers
• Architects
• Nurses
• Physicians
• Surgeons
• Dentists
• Scientists
• Systems analysts
• Journalists and editors
• Foreign Law advisors
• Psychologists
• Technical publications writers
• Market research analysts
• Teachers in elementary or secondary schools, colleges
• Biologists
• Chemists
• Database Administrators
• Data Communication and Network Administrators
• Economists
• Investment Banking and Securities Dealing
• Statisticians
• Surveyors
• Therapists