Canada announced clarifications for H-1B Visa Holders

On June 5, 2024, the Government of Canada clarified the public policy measures for H-1B work visa holders. July 16, 2023, Immigration, Refugees and Citizenship Canada implemented a temporary public policy allowing certain American H-1B work visa holders to be exempt from work permit requirements, aiming to facilitate open work permits for these visa holders and their families residing in the US. The policy, which reached its application cap of 10,000 and expired on July 17, 2023, is no longer accepting new applications. However, two additional public policies were subsequently enacted on September 27, 2023, and December 16, 2023, introducing further measures. These include processing applications exceeding the initial 10,000 cap if submitted within the specified period, continuing to permit family members to apply for H-1B open work permits beyond the initial policy’s expiry, and until September 28, 2024. Furthermore, minor children (17 and under) of H-1B visa holders are exempt from the $150 study permit processing fee upon arrival in Canada, given that they have an open work permit and applied for their study permit before September 28, 2024. Lastly, the policies facilitate work permit renewals for foreign nationals in Canada with H-1B open work permits valid for less than three years, allowing them to extend up to the full three-year maximum of this permit category, provided their extension application is received before December 16, 2024.