Canada Visa for H1B Holders

There’s something exciting about moving to a new country. There are new job opportunities and a chance to make a fresh start. Those with an H1B visa living in the United States who have been considering moving to Canada have options.  Even though both countries have great options for skilled workers and their family members,…

Josh Rapaport

September 25, 2024

There’s something exciting about moving to a new country. There are new job opportunities and a chance to make a fresh start. Those with an H1B visa living in the United States who have been considering moving to Canada have options. 

Even though both countries have great options for skilled workers and their family members, Canada is becoming increasingly attractive. If you’re one of the many with H1B visas and want to head to Canada, the immigration process tends to be clear and straightforward. Learning all about the process will make you feel more prepared as you immigrate to Canada. 

Why Consider Moving to Canada

While there are many similarities between the United States and Canada, understanding why some people are eager to head north can help you see if it’s the right move for you and your family: 

  • Universal Healthcare: Arguably, one of the main things Canada is known for is its universal healthcare. It provides its residents with essential healthcare services without excessively charging them like many other countries. 
  • Diverse and Inclusive Society: Canada prides itself on having a diverse population. Its multiculturalism has designed policies that embrace differences and make it a welcoming and safe destination for many people. 
  • High-Quality Life and Safety: Canada constantly ranks highly in terms of quality of life and safety. There are fairly low crime rates, excellent schools, and stunning natural environments to explore. 
  • More Straightforward Path to Permanent Residency: Compared to those with an H1B visa in the US seeking residency, the pathway to residency in Canada is far clearer and often faster than in the US for skilled workers. 

Current Status of the H-1B Visa Holder Work Permit

As of now, there are no specific work permit programs for those with an H1B visa in Canada. Most of the work permits mentioned for these visa holders are for family members who are eligible for work permits under certain circumstances. 

Immigration Options for H-1B Visa Holders 

There are several immigration pathways or programs that are ideal for H1B visa holders looking to get a work permit in Canada. Since H1B visas offer United States skilled workers looking to work in Canada the ability for a work permit, there are a few ways you can do this. 

Express Entry System

Canada’s Express Entry system is the main route for skilled worker applications for permanent residence. For H1B visa holders, this is a great option because of their education, work experience, and language skills. The Express Entry system manages all the applications for three of Canada’s federal economic immigration programs: 

  • Canadian Experience Class (CEC)
  • Federal Skilled Worker Program (FSWP)
  • Federal Skilled Trades Program (FSTP)

The Express Entry system helps screen applicants with its comprehensive ranking system (CRS) to score candidates based on things like their language skills, age, education, and work experience. The higher your score, the better. H1B visa holders can improve their scores by: 

  • Gaining more work experience 
  • Obtaining IELTS or CELPIP results for English or TEF for French
  • Getting a job offer in Canada 
  • Having your education credentials validated 

Global Talent Stream

The Global Talent Stream is part of Canada’s Temporary Foreign Worker Program (TFWP) and is another viable option for H1B visa holders. This program allows Canadian employers to hire skilled foreign workers quickly, especially for in-demand positions. The main features of the Global Talent Stream are: 

This option is particularly attractive to a skilled worker with an H1B visa in the tech industry, engineering, or any other in-demand field. If you’re eligible to apply, you’ll start with a temporary work permit, but then you can transition to permanent residency through the Provincial Nominee Programs or Express Entry. 

Intra-Company Transfers

H1B visa holders who are working for a company that has a branch in Canada might want to consider the Intra-Company Transfer program. This program makes it easier for skilled workers to get a work permit in Canada because they’ll be transferring to the Canadian branch of a company they’re already working for without an LMIA. The eligibility requirements are: 

  • Be in an executive, managerial, or specialized knowledge position
  • Have worked for the company for at least one year
  • Be transferring to a position that is similar to your current role

This program will help you obtain a temporary work permit but can be a great pathway to permanent residency through the Provincial Nominee Program or Canadian Experience Class. 

Provincial Nominee Programs (PNP)

Provincial Nominee Programs (PNPs) are province-specific. It allows the province to nominate people who want to immigrate to Canada and to a specific province. Each PNP targets different skilled workers based on what their province needs, which helps them streamline the work permit process for these roles. The advantages of PNPs for H1B visa holders are: 

  • Pathway to permanent residency for those who aren’t eligible for Express Entry
  • Target specific workers with specialized skills and in-demand occupations 
  • Aligned with Express Entry and can give applicants score a boost

The process involves being nominated by a specific province. Once you’re nominated, you can then apply through the federal government for a work permit and then permanent residency. 

Startup Visa Program

Provide information on the Startup Visa Program for H1B holders interested in entrepreneurship. Include:

Eligibility requirements, such as obtaining a letter of support from a designated organization.

How can this visa lead to permanent residency?

The types of businesses that are likely to be successful under this program.

The Startup Visa Program is ideal for immigrants who want to start their own businesses in Canada. Those interested in entrepreneurship should pursue this pathway, but the eligibility requirements are: 

  • Meet the language requirements in English or French 
  • Have sufficient settlement funds
  • Own a qualifying business 
  • Have a letter of support from a business incubator, angel investor, or venture capital fund.

As long as your business meets the eligibility criteria, you can have a very straightforward path to residency. This is ideal for those in the tech industry and other innovative sectors. 

Frequently asked questions

Can I hold both an H1B visa and a Canadian work permit simultaneously?

Yes, you can have a Canadian work permit and H1B visa at the same time. When you hold both, you’ll have to make sure that you abide by the residency requirements for both. 

How long does the process of moving from the U.S. to Canada typically take?

Express Entry can be processed within as little as six months, while other programs can take six months to over a year. Some programs, like work permits through the Global Talent Stream, only take two weeks. 

What are the tax implications of moving to Canada as an H1B holder?

You’ll need to consider your final US tax return and exit tax returns, double taxation issues, Canadian tax residency rules, and reporting requirements for US citizens while living abroad.