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 Stage of H-1B Are You In?

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

Not Eligible Yet (OPT/STEM-OPT)

If you are on OPT or STEM-OPT and have not been registered for the lottery yet, you do not have to wait to see what happens before you plan your next move. You can start building your Canadian file in parallel with your OPT clock, so you already have momentum whichever way the lottery goes. (Full guide coming soon.)

Registered, Waiting on Results

Once your employer has registered you, there is nothing left to do on the H-1B side until USCIS announces results, usually by March 31. That waiting period does not have to be wasted time. See what your options look like whether you are selected or not, so you are ready either way.

Selected or Not Selected

Whether your registration was not selected, your petition was denied, or you were stuck with a Request for Evidence you could not clear, you land in the same place: no H-1B, and a decision to make. Read our full guide to your Canadian options after the H-1B lottery.

Living on H-1B

Being on H-1B is not the finish line. Depending on your situation, the right move looks different:

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 is 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 the Cap or Facing a Layoff

You may be approaching the 6-year H-1B cap with your green card still stuck in the backlog, or you may have lost your job altogether. If you have been laid off, see your 60-day options after an H-1B layoff. If the backlog is the issue, see how the green card backlog affects your options. In either case, a Canadian work permit can serve as a bridge to permanent residency. Get to Canada first, and build your PR case from there.

Your Employer Has Canadian Operations

If your US 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. This route can move faster than waiting on the H-1B lottery altogether.

H-4 Spouse

If your spouse holds the H-1B and you are on H-4, your ability to work depends on the outcome of ongoing US litigation, not a guarantee. Canada takes a different approach. See why your work permit is safer in Canada.

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.

Frequently Asked Questions

Can I apply for Canadian immigration while still on H-1B in the U.S.? Yes. You can create an Express Entry profile and enter the pool from inside the U.S. without leaving your current job or relocating. You are only required to enter Canada after your PR application is approved. Does my H-1B work experience count for Canadian immigration? Yes. Foreign work experience in a skilled occupation contributes CRS points. Most H-1B occupations qualify under the National Occupational Classification system. Do I need a job offer from a Canadian employer to apply? No, not for Federal Skilled Worker or Canadian Experience Class. A job offer adds CRS points and can be helpful, but it is not required. How long does the process take from start to permanent residency? For most Express Entry applicants, the realistic total timeline from creating a profile to landing as a permanent resident is one to two years. Once you receive an Invitation to Apply, IRCC targets a 6-month processing time. What happens to my spouse and children? Your spouse or common-law partner is included in your PR application and receives permanent residency at the same time. During the work permit phase, spouses typically receive open work permits. Dependent children are included in your PR application. What is the new 2025 accelerated H-1B pathway and when does it launch? Canada’s 2025 federal budget confirmed a new accelerated pathway specifically for H-1B holders. An exact launch date has not been announced. We recommend getting assessed now so you are ready when it opens. Can I extend my 2023 H-1B open work permit? Possibly. If your permit was issued with a validity of less than three years and you are currently inside Canada, you may be eligible for an extension. You must apply before December 15, 2026. Is Canada a permanent option or just a bridge back to the U.S.? Both. Some H-1B holders move to Canada permanently. Others use Canadian PR as a stable foundation while deciding their long-term future. What Canadian PR gives you is certainty and options — neither of which you currently have on H-1B.