H-1B Visa Holders Moving to Canada

Why H-1B Holders Are Looking at Canada Right Now

This is not a generic story about “uncertainty.” Three specific things have happened that are driving H-1B holders to explore Canada in large numbers.

The $100,000 H-1B Fee Executive Order

In late 2025, the Trump administration issued an executive order that may require certain H-1B visa holders or applicants to pay a $100,000 fee. For many families, this has turned a background concern into an immediate financial and strategic crisis.

Canada’s 2025 Budget Announced a New Accelerated H-1B Pathway

Canada’s 2025 federal budget confirmed a new accelerated immigration pathway specifically targeting H-1B visa holders, designed to strengthen Canada’s innovation ecosystem and attract skilled talent in healthcare, research, and advanced industries. Full details are expected in the coming months. The time to prepare is now — not after the launch announcement.

The 2023 Pilot Proved the Demand Is Real

When Canada opened a special open work permit for H-1B holders in July 2023, the program hit its 10,000-person cap within days. The 2025 accelerated pathway builds on that pilot and is expected to be significantly larger in scope.

Canada Has No Green Card Backlog

In the U.S., EB-2 and EB-3 applicants from India can wait decades for a green card due to per-country caps. Canada’s Express Entry system has no per-country caps. A skilled professional from India and a skilled professional from Germany are assessed on identical criteria. From submitting an Express Entry profile to landing as a permanent resident typically takes one to two years in total.

Important deadline: If you received an H-1B open work permit in 2023, you may be eligible to extend it — but you must apply before December 15, 2026. See details below.

Which Type of H-1B Holder Are You?

H-1B holders are not one audience. Your best pathway depends entirely on your current situation.

Still on H-1B, Stable but Thinking Ahead

The largest group. You have a job, your status is fine for now, but you are watching what is happening and want a backup plan — or a better primary plan. The good news: you can create an Express Entry profile and enter Canada’s immigration pool without leaving your current job or relocating.

H-1B at Risk — Approaching Cap, Layoff, or Fee Exposure

You may be approaching the 6-year H-1B cap, facing employer instability, or directly affected by the new fee. A Canadian work permit as a bridge to permanent residency is the recommended approach — get to Canada first and build your PR case from there.

Your Employer Has Canadian Operations

If your U.S. employer has a parent, subsidiary, branch, or affiliate in Canada and you have worked for them for at least one year in a managerial, executive, or specialized knowledge capacity, an intra-company transfer work permit may be available with no LMIA required.

Already in Canada on the 2023 H-1B Open Work Permit

If your permit was issued with a validity of less than three years and you are currently inside Canada, you may be eligible to extend it — but you must apply before December 15, 2026. This is time-sensitive. Contact us now.

The 2023 H-1B Open Work Permit: What Happened and Who It Still Affects

In July 2023, Canada launched a special open work permit exclusively for H-1B visa holders. The program hit its 10,000-person cap in a matter of days and is now closed for new applicants.

But if you were one of those 10,000 people, the story is not over.

Extension Eligibility — Act Before December 15, 2026

If you hold an H-1B open work permit that was issued with a validity of less than three years, and you are currently inside Canada, you may be eligible to extend that permit. The deadline to apply is December 15, 2026.

This is one of the most urgent and under-communicated deadlines in the current H-1B immigration landscape. If this applies to you, contact us now — do not wait.

Check Your Extension Eligibility

The New 2025 Accelerated H-1B Pathway

Canada’s 2025 federal budget confirmed that a new accelerated pathway for H-1B holders is coming. Here is what is known — and what is not yet confirmed.

What we know:

• Confirmed in the 2025 federal budget
• Targets H-1B holders specifically
• Focuses on healthcare, research, and advanced industries
• Designed to build on the success of the 2023 open work permit pilot
• Positioned as an accelerated route — faster than standard pathways

What is not yet confirmed:

• Exact launch date (the government has indicated “coming months”)
• Specific eligibility requirements
• Cap or intake limits
• Application process details

Our recommendation: do not wait for the launch announcement to start. The 2023 pilot was oversubscribed within days. When this pathway opens, the people who are assessed, document-ready, and have a clear strategy will be the ones who get in. Get assessed now.

Express Entry: The Primary Permanent Residency Route

Express Entry is Canada’s federal system for managing skilled worker permanent residence applications. Here is what every H-1B holder needs to understand about how it works.

• You can apply from the U.S. without quitting your job or relocating first
• No per-country caps — Indian and Chinese nationals compete on equal footing with all other nationalities
• Your H-1B work experience counts as foreign skilled work experience for CRS points
• Once invited, IRCC targets a 6-month processing time for permanent residency
• A job offer is not required for most applicants

Federal Skilled Worker (FSW)

For H-1B holders who have not yet worked in Canada. If you have a year or more of skilled work experience, meet the language requirements, and have the education, you likely qualify. You can build your Express Entry profile while still in the U.S.

Canadian Experience Class (CEC)

For H-1B holders who have already worked in Canada — on the 2023 open work permit, an intra-company transfer, or any other authorized work permit. Canadian work experience is weighted heavily in CRS scoring and opens up this highly competitive program.

What Boosts Your CRS Score

• Canadian work experience — the single biggest boost for most applicants
• French language skills — even intermediate French adds meaningful points
• A valid Canadian job offer from a designated employer
• A provincial nomination — adds 600 points and effectively guarantees an invitation
• A sibling who is a Canadian citizen or permanent resident
• Canadian post-secondary education

Category-based draws: Canada regularly runs targeted Express Entry draws for STEM, healthcare, and trades occupations. These draws often use lower CRS cutoffs than the general pool, meaning your occupation can significantly reduce the score you actually need to receive an Invitation to Apply.

Provincial Nominee Programs (PNP)

A Provincial Nominee Program nomination adds 600 points to your CRS score — which effectively guarantees an Invitation to Apply for Express Entry, regardless of where your base score sits.

Enhanced PNP (Express Entry-linked)

The faster route. Your Express Entry profile is directly linked to the province’s nomination. Once nominated, IRCC typically issues an Invitation to Apply within weeks. This is the route to prioritise.

Base PNP (Paper-based)

Significantly slower. IRCC aims to finalize only around 35% of base PNP applications in 2025 due to large backlogs. Unless an Enhanced PNP stream is not available for your situation, avoid this route if speed matters.

Tech-Focused Provincial Streams Worth Knowing

• Ontario (OINP): Ontario issued over 10,000 nominations in 2024. The Tech Draw stream specifically targets professionals in in-demand tech occupations.
• British Columbia (BC PNP): The Tech Pilot stream is one of the most active in Canada for software engineers, data scientists, and IT professionals.
• Alberta (AINP): Strong for engineering, energy-sector tech roles, and healthcare, with competitive processing times.

Explore Provincial Nominee Programs

Getting a Canadian Work Permit First

For many H-1B holders — especially those who need to move quickly or whose H-1B status is at risk — getting a Canadian work permit first and building the PR case from inside Canada is the smartest approach. Canadian work experience adds CRS points, opens the Canadian Experience Class, and strengthens PNP applications.

Intra-Company Transfer

If your U.S. employer has a parent, subsidiary, branch, or affiliate operating in Canada, you may qualify for an intra-company transfer work permit with no LMIA required. You must have at least one year of full-time employment with the company in the last three years, in a managerial, executive, or specialized knowledge role. This is often the fastest route available.

Global Talent Stream

The fastest employer-supported work permit route for most tech workers. The employer applies to the Global Talent Stream, which has a 10-business-day LMIA processing target. This is the standard route for H-1B holders in software, engineering, and data roles who have a Canadian job offer.

LMIA-Based Work Permit

When no exemption applies, a standard LMIA-based work permit is still available across a wide range of occupations. Processing is slower than the Global Talent Stream but the pathway is broadly accessible.

Explore Work Permit Options

Your Family: What Canada Offers That the U.S. Does Not

This is one of the most important practical differences between Canada and the U.S. for H-1B families — and one that most immigration websites barely mention.

Spouses on H-4 Visas

Many H-4 spouses cannot work in the U.S. unless they have an H-4 EAD, which is subject to policy changes and not always available. In Canada, spouses of most work permit holders receive open work permits and can work for any employer, in any field, without restriction.

Children and Education

Dependent children of work permit holders can attend Canadian schools. Once the family achieves permanent residency, children have access to post-secondary education at domestic tuition rates — a significant long-term financial benefit.

For families where a working spouse has been sidelined by U.S. immigration restrictions, Canada often represents not just a safer path — but a genuinely better quality of life from day one.

Maintaining Your H-1B Status During the Canadian Process

One of the most common questions we hear: “If I start the Canadian process, does that affect my H-1B?” Here are the key points.

• Creating an Express Entry profile and sitting in the pool does not require you to enter Canada or leave your U.S. job.
• Applying for a Canadian work permit does not automatically affect your H-1B, but you should understand the implications of extended time spent outside the U.S.
• Whether you can continue using your H-1B as a re-entry option while living temporarily in Canada depends on your individual situation.
• Once you commit to Canada and begin the PR process, the question of U.S. status typically becomes secondary — but the transition needs to be planned deliberately.

The interaction between your H-1B status and a Canadian immigration application is one of the most nuanced parts of this process. We strongly recommend a consultation before making any moves. Book yours here.

H-1B to Canada vs. U.S. Green Card: The Timeline Reality

For Indian and Chinese nationals especially, this comparison matters more than any other factor.

• Nationality caps: The U.S. green card system severely limits Indian and Chinese nationals. Canada has no per-country caps.
• Wait time for Indian nationals (EB-2/EB-3): Decades in some categories. Canadian Express Entry: typically 1-2 years from profile to landing.
• Lottery: H-1B requires an annual lottery just to maintain status. Express Entry is merit-based with no lottery.
• Spouse work rights: H-4 EAD is restricted and subject to policy change. Canadian open work permit allows work for any employer.
• PR processing once invited: IRCC targets 6 months.
• Path to citizenship: 5 years after U.S. green card. Canada: 3 years of physical presence after PR.

Common Mistakes H-1B Holders Make

• Waiting for the 2025 pathway to launch — when it opens it will likely fill quickly, just like 2023. Build your Express Entry profile now so you are ready.
• Assuming your H-1B type determines Canadian eligibility — Canada looks at your skills, education, and experience, not your U.S. visa category.
• Delaying the Educational Credential Assessment (ECA) — required for Express Entry and can take several months. Start this immediately.
• Ignoring French entirely — even basic French adds meaningful CRS points and can be the difference between waiting and being invited.
• Skipping PNPs because Express Entry seems simpler — a PNP nomination effectively guarantees an Express Entry invitation. Pursue both simultaneously.
• Assuming you need a Canadian job offer — not required for Federal Skilled Worker or Canadian Experience Class in most cases.