Canada remains a top destination for skilled professionals seeking work opportunities and permanent residency. For residents of the United States and Mexico, including H-1B visa holders, Canada offers several immigration pathways. In this article, we’ll explore these options, discuss recent policy changes, and explain how you can take the next step with Agnihotri Immigration Consulting.
Introduction
For a brief period in 2023, Canada opened its doors to H-1B visa holders in the United States through a unique initiative. Under this policy, those with a valid H-1B Specialty Occupations visa could apply for an open work permit valid for up to three years. This initiative aimed to retain highly skilled workers in North America but reached its cap of 10,000 applications on July 17, 2023, and is no longer available.
Despite the closure of this program, Canada continues to offer various pathways for individuals looking to migrate for work or permanent residency. Below, we discuss the current options available in 2024 and 2025 for H-1B visa holders and other professionals in the U.S. and Mexico.
Current Immigration Options for H-1B Visa Holders
1. Express Entry Canada
The Express Entry system is a popular option for highly skilled professionals seeking permanent residency in Canada. Managed through three federal economic programs, this system evaluates candidates based on their Comprehensive Ranking System (CRS) score, which factors in age, education, work experience, and language skills.
- Federal Skilled Worker Program (FSW): Ideal for skilled professionals with international work experience.
- Federal Skilled Trades Program (FST): For individuals with experience in skilled trades.
- Canadian Experience Class (CEC): Targets individuals with recent Canadian work experience.
Once a candidate receives an Invitation to Apply (ITA) in an Express Entry draw, they can apply for permanent residency.
2. Provincial Nominee Programs (PNPs)
PNPs are excellent pathways for skilled workers, international graduates, and entrepreneurs interested in specific provinces. Each province identifies in-demand occupations and invites candidates who meet their criteria. Successful nominees can apply for permanent residency through the federal system.
Popular PNPs for skilled workers include:
- Ontario Immigrant Nominee Program (OINP)
- British Columbia Provincial Nominee Program (BC PNP)
- Alberta Advantage Immigration Program (AAIP)
Working in Canada as an H-1B Visa Holder
1. Temporary Foreign Worker Program (TFWP) – Global Talent Stream
The Global Talent Stream (GTS) under the TFWP helps Canadian employers hire highly skilled foreign workers quickly. This program is divided into:
- Category A: For unique and specialized talent referred by designated partners.
- Category B: For workers in high-demand occupations like tech and engineering.
Applicants must secure a positive Labour Market Impact Assessment (LMIA) before applying for a work permit.
2. International Mobility Program – Intra-Company Transfers
The Intra-Company Transfer (ICT) stream allows employees of multinational companies to transfer to a Canadian office without requiring an LMIA. Eligibility criteria include:
- A qualifying relationship between the U.S. and Canadian entities (e.g., parent, subsidiary, or affiliate).
- The employee must hold an executive, managerial, or specialized knowledge role.
3. CUSMA Work Permits (Formerly NAFTA)
Under the Canada-United States-Mexico Agreement (CUSMA), eligible U.S. and Mexican nationals can obtain work permits without an LMIA. CUSMA offers streamlined application processes for intra-company transferees, professionals, and traders.
Mexican citizens must meet additional entry requirements, such as holding a Temporary Resident Visa (TRV) unless exempt under specific conditions.
Conclusion
While certain pathways like the H-1B visa initiative have closed, Canada continues to offer diverse opportunities for U.S. and Mexican residents to work or settle permanently. Whether you’re interested in Express Entry, a Provincial Nominee Program, or a work permit, there’s a route to match your profile and career goals.
Contact Agnihotri Immigration Consulting today to explore your options and navigate the application process with confidence. Our expertise in immigration law ensures that you receive personalized, client-centered support every step of the way.
Take the first step towards a new future in Canada!
