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U.S. H-1B Visa Holders: Can I Apply for Canada Open Work Authorization and EE at the same time?

U.S. H-1B Visa Holders: Can I Apply for Canada Open Work Authorization and EE at the same time?

People with a special H-1B visa in the U.S. will soon have another route to live and work in Canada.

In addition to the existing permanent and temporary pathways, H-1B holders can apply for a new Canadian Open Work Permit (OWP), which will take effect July 16. The new EAD will allow eligible H-1B holders and their immediate families, such as spouses and dependents, to work for almost any employer in Canada for up to three years. Immigration, Refugees and Citizenship Canada (IRCC) will accept new one-way visa applications within a year, or until the program reaches the 10,000 application cap in 2023.

As an H-1B holder, you may be wondering: Can I apply for a Canadian work permit and permanent residence at the same time?

In short, the answer is yes, and for some good reason.

U.S. H-1B Visa Holders: Can I Apply for Canada Open Work Authorization and EE at the same time?

Apply for the benefits of H-1B OWP and Express Entry

IRCC aims to process most work permit applications submitted outside of Canada within 60 days, with shorter service standards for certain pathways, such as global talent flow.

If you are already eligible and wish to apply for permanent residence, you may wish to apply through the Express Entry Application Management System. Fast Track is the main way the Canadian government manages applications for the Skilled Worker Immigration. Candidates in the Express Entry pool will be evaluated based on a number of human capital factors and receive Comprehensive Ranking System (CRS) scores. Those with the highest scores are most likely to receive an invitation to apply for permanent residence (ITA).

If you have not previously lived or worked in Canada, you will most likely need to assess your eligibility under the Federal Skilled Worker Program (FSWP) if you wish to obtain Canadian permanent residency through Express Entry.

One of the great advantages of Express Entry is that it has a service standard for processing permanent residence applications within six months.

This means that you can upload your "Fast Track" profile to the Government of Canada website and use the H1-B OWP as a way to live and work in Canada while seeking permanent residence.

There is also a benefit to applying for an OWP first and then applying for Fast Track once you arrive in Canada. Gaining at least 12 months of qualifying work experience in Canada may result in a higher CRS score, which can support your chances of earning an ITA.

Another benefit of at least one year of qualified Canadian work experience is that you can qualify for the Express Entry Canada Experience Class (CEC) program, eliminating the need to prove that you have sufficient settlement funds (which is required by the FSWP).

Overall, H-1B holders have the ability to apply for permanent residence through Express Entry because they have high human capital such as skilled work experience, higher education, and strong English language proficiency. This is evidenced by IRCC's 2021 Express Entry Year-End Report, which shows that between 2019 and 2021, the United States was one of the top five countries of residence (not necessarily citizenship) for Express Entry ITA recipients.

U.S. H-1B Visa Holders: Can I Apply for Canada Open Work Authorization and EE at the same time?

STEM career fast track

Canada's Minister of Immigration Sean Fraser recently launched a skilled talent strategy that will work to further enhance Canada's reputation as an attractive destination for skilled workers. The H-1B OWP is one component, but another key part is the recent introduction of a category-based selection lottery for "fast track" candidates in occupations with specific needs.

Instead of simply awarding ITAs based on high CRS scores, category-based express entry invitations are designed to select economic immigration candidates who can best fill critical labor gaps in the Canadian economy. The categories were selected after IRCC discussions with provinces, territories, partners and stakeholders to identify the most pressing vacancies and skills gaps. A total of 82 occupations qualify for these 6 new categories.

There are 35 eligible occupations in the "Fast Track" category for science, technology, engineering, and math (STEM) workers. The first round of STEM career invitations took place on July 5 and invited 500 candidates with a minimum CRS score of 486.

IRCC's 2021 Fast Track Report also shows that software engineers and designers, information systems analysts and consultants, computer programmers, and interactive media developers consistently ranked at the top of ITA recipients between 2019 and 2021. These occupations are listed under Eligible Occupations for Express Entry STEM candidates.

Other avenues for technical talent

Other components of Canada's new talent strategy include new innovation streams under the International Mobility Program, marketing Canada as a more attractive destination for digital nomads, and improving existing skilled immigration programs such as the Global Talent Stream and Start-up Visa Program.

H-1B holders can also apply for nomination through the Provincial Nominee Program (PNP) Technology Stream, even if they are not in the Express Entry application pool. Getting a provincial nomination is very advantageous for applying for permanent residence and can make the non-Express Entry application stronger. For Express Entry candidates, getting a provincial nomination can add 600 CRS points to your profile. These 600 CRS points actually guarantee you a fast-track ITA for permanent residence.

Most provinces and territories in Canada (except Quebec and Nunavut) can nominate candidates who they believe are best suited to the province's workforce. Many provinces also have special categories for technical candidates within their PNPs. For example, British Columbia conducts a lottery for skilled candidates several times a month, and Ontario recently conducted a lottery for skilled candidates in Ontario's Immigrant Nominee Program.

Overall, there are many pathways to permanent residency in Canada, and H-1B visa holders with new one-way visas can support their journey by applying for fast track upon arrival in Canada. H-1B OWP holders have the advantage of high human capital and can now also benefit from the introduction of fast-track invitation rounds based on STEM categories.

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