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Canada Announces Clarifications for H-1B Visa Holders

On June 5, 2024, the Government of Canada provided important updates on public policy measures impacting H-1B visa holders. This news is significant for American H-1B visa holders and their families in the U.S. considering a move to Canada. On July 16, 2023, Immigration, Refugees and Citizenship Canada (IRCC) launched a temporary public policy to facilitate open work permits for H-1B visa holders. This policy enabled certain American H-1B visa holders to work in Canada without requiring additional work permits. The initiative was very successful, reaching its 10,000-application cap on July 17, 2023.

New Measures Introduced for H-1B Visa Holders

To continue supporting H-1B visa holders, the Canadian government implemented two additional public policies on September 27, 2023, and December 16, 2023. These policies introduced several key measures:

  1. Processing Excess Applications: Applications that exceed the initial 10,000 cap, if submitted within the specified period, will still be processed.
  2. Family Members’ Work Permits: Family members can continue applying for H-1B open work permits beyond the original policy’s expiry, up until September 28, 2024.
  3. Fee Exemption for Minor Children: Minor children (17 and under) of H-1B visa holders are exempt from the $150 study permit processing fee upon arriving in Canada, provided they have an open work permit and applied for their study permit before September 28, 2024.
  4. Work Permit Renewals: H-1B open work permit holders in Canada with permits valid for less than three years can extend their permits up to the full three-year maximum. This extension is available for applications received before December 16, 2024.

Benefits of the Clarifications

These measures offer significant benefits for H-1B visa holders and their families:

  • Job Flexibility: H-1B visa holders can transition more easily to the Canadian workforce, enjoying greater job flexibility.
  • Family Integration: The policies ensure that family members, including spouses and children, can join and support the primary visa holder in Canada.
  • Educational Opportunities: Fee exemptions for minor children make accessing education in Canada more affordable for families.
  • Stability: Extending work permits up to three years provides stability for visa holders planning a long-term stay in Canada.

The Government of Canada’s clarifications on public policy measures for H-1B visa holders underscore its commitment to attracting skilled workers and their families. These policies not only simplify the transition to Canada but also ensure that H-1B visa holders can contribute effectively to the Canadian economy while enjoying a high quality of life.

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