H-1B holders may get Canadian permanent residency faster than a U.S. green card. There are certain pathways for US H-1B visa holders to relocate to Canada.
Well, Canada’s Express Entry system is pool-based, allowing the highest ranking candidates to move to the front of the line for Canada PR. Many H-1B workers can be competitive candidates in the Express Entry system, which prioritizes skilled international/ foreign workers by awarding points based on higher education, skilled work experience, as well as strong language proficiency.
In contrast, the US’s H-1B system’s pathway to a green card is much more challenging and complicated. Not only is it dependent on external factors, including a lottery system and employer sponsorship, but the wait times are based on the candidate’s country of origin and can vary significantly.
For those US H-1B workers looking for more stability, here are certain ways to move to Canada.
| Pathway | Status | Length Of Validity | Summary Of Eligibility Criteria |
| Express Entry | Permanent Residency | Permanent | Workers in skilled occupations who can get high CRS scores |
| Provincial Nominee Program | Permanent Residency | Permanent | Open to workers in both skilled and non-skilled occupations. Applicants need to meet certain criteria depending on the stream. |
| Intra-Company Transferees | Work Permit | Executives & Managers: up to 3 years, renewable in 2-year increments, with a maximum stay of 7 years. Specialized Knowledge Transferees: up to 3 years, renewable in 2-year increments, with a maximum stay of 5 years. | Must be employed as an executive, manager, or employee with specialized knowledge. Must be working for a multinational corporation with a presence in Canada. |
| TFWP | Work Permit | Up to three years, with possibility for extension | Job offer from a Canadian employer with an LMIA. |
| Free Trade Agreements | Work Permit | Depends on the agreement | Must be a citizen of a country with an FTA, and meet the requirements for that FTA. |
| International Experience Canada | Work Permit | Usually up to two years | For young adults (usually 18-35 years of age) from specific countries. |
Note: PR cards need to be renewed every five years. However, they can be renewed indefinitely as long as you have lived in Canada for three of the earlier five provinces.
Moving To Canada As A Permanent Resident
Under its latest Immigration Levels Plan, Canada will welcome over 360,000 newcomers/ immigrants annually in the forthcoming years.
Express Entry
One of the top and most popular pathways for US H-1B visa holders to relocate to Canada is Express Entry.
Express Entry ranks candidates based on factors such as their age, education, work experience, language proficiency, etc.
Periodically, the federal government invites the highest-ranking candidates to apply for PR via Express Entry.
That implies that well-qualified candidates go to the front of the immigration line. Moreover, once you submit an application for PR through this system, the standard processing time is only six months.
In order to be eligible for Express Entry, you should meet the requirements of one of Canada’s three federally-managed immigration programs:
- The Canadian Experience Class (CEC)
- The Federal Skilled Trades Program (FSTP)
- The Federal Skilled Worker Program (FSWP)
If your score in the Express Entry system is high enough, you may be able to apply for PR before entering Canada.
Moreover, if you have a lower score, you may be able to increase your chances by moving to Canada on a work permit first, as you can receive additional points in Express Entry for Canadian work experience.
The score you need to be successful may lower if you qualify for category-based selection, which prioritizes candidates with in-demand occupations like those in healthcare, trades, as well as STEM.
If you receive PR through Express Entry, your spouse and your dependents on your application will also get PR.
Provincial Nominee Programs
Another one of the best pathways for US H-1B visa holders to relocate to Canada is the Provincial Nominee Program.
In order to get PR via PNP, you must demonstrate an intent to reside in the province/ territory from which you seek a nomination.
To pursue PR via the PNP, determine which streams you are eligible for, and then follow the PNP’s process to be considered for nomination.
Obtaining PR through the PNP is a two-step process: first, you must get a provincial nomination, and second, you should apply to the federal government for PR.
Canada presently has over 80 provincial immigration streams.
For some of these streams, you can apply for nomination directly to the PNP, provided you meet the requirements, which might include having a qualifying job offer from an employer in the province.
Moreover, for other streams, you must be invited by the PNP to apply for nomination out of the provincially managed expression of interest (EOI) pool.
Many provinces have immigration streams tailored to attract highly skilled professionals in occupations such as healthcare and tech.
If you obtain PR through a provincial nomination, your spouse and your dependents on your application will also obtain PR.
Moving To Canada As A Temporary Foreign Worker
Due to a surge in demand as well as a vast number of qualified candidates in Canada, the country’s PR pathways have become increasingly competitive.
If you don’t have enough CRS score for Express Entry and are not able to get a provincial nomination, you can move to Canada temporarily on a work permit.
Working in Canada on a work permit can allow you to gain Canadian work experience, which can significantly increase your points for Express Entry or even provide you with an employment offer that allows you to qualify for nomination by a PNP.
Below are some options to move to Canada as a foreign worker:
Intra-Company Transferees
This immigration alternative is available to foreign workers employed by companies outside of Canada that have a parent, subsidiary, branch, or affiliate in Canada.
To qualify, the foreign worker should meet the following criteria:
- Have at least one year of full-time employment with the company in the last three years
- Be transferring to a similar position with the Canadian entity
- And lastly, have a job in a permanent, ongoing role at the Canadian location
This pathway is for executives, managers, as well as employees with specialized knowledge. While there is a maximum duration of stay under this program, it can serve as a stepping stone to permanent residency options.
Temporary Foreign Worker Program
Another one of the popular pathways for US H-1B visa holders to relocate to Canada is the Temporary Foreign Worker Program.
Work permits under the TFWP, i.e., Temporary Foreign Worker Program can be issued for any occupation and for foreign nationals of any nation.
So, no matter your job or your nationality, you can pursue a work permit through the TFWP.
In order to get a TFWP work permit, you should have an employment offer from an employer with a Labor Market Impact Assessment (LMIA), which requires a good deal of time and effort for the employer to obtain.
If you are successful in obtaining a work permit under the TFWP, you will only be authorized to work in that job for that employer.
To pursue a TFWP work permit, your best bet is to get in touch with a Canadian employer who has either an existing LMIA for an open role, or who is willing to undergo the LMIA process in order to hire you.
Moreover, you can find jobs with LMIAs online in Canada’s job bank.
LMIAs are issued to employers by the Canadian federal government and illustrate that no Canadian citizen/ permanent resident is available to fill the position.
Free Trade Agreements
Depending on your country of citizenship as well as your profession, you might be eligible for a work permit on the basis of one of Canada’s free trade agreements with other countries.
FTA work permits are generally tied to specific employers.
Moreover, to qualify for an FTA work permit, you should be a citizen of the country covered by one of Canada’s FTAs and meet the other specific eligibility requirements based on the FTA.
For instance, under the Canada-United States-Mexico agreement, Mexican and US citizens can apply for a work permit provided that their job is for one of the professions listed, which includes management consultants, scientists, teachers, medical professionals, etc.
CUSMA Professions
- Accountant
- Agriculturalist
- Animal Breeder
- Animal Scientist
- Apiculturist
- Architect
- Astronomer
- Biochemist
- Biologist
- Chemist
- Computer Systems Analyst
- Dairy Scientist
- Dentist
- Dietician
- Disaster Relief Insurance Claims Adjuster
- Economist
- Entomologist
- Engineer
- Epidemiologist
- Forester
- Geneticist
- Geochemist
- Geologist
- Geophysicist
- Graphic Designer
- Horticulturist
- Hotel Manager
- Industrial Designer
- Interior Designer
- Land Surveyor
- Landscape Architect
- Lawyer (including Notary in Quebec)
- Librarian
- Management Consultant
- Mathematician
- Medical Laboratory Technologist
- Meteorologist
- Nutritionist
- Occupational Therapist
- Pharmacist
- Pharmacologist
- Physician
- Physicist
- Physiotherapist
- Plant Breeder
- Poultry Scientist
- Psychologist
- Range Manager
- Recreational Therapist
- Registered Nurse
- Research Assistant
- Scientific Technician/Technologist
- Social Worker
- Soil Scientist
- Silviculturist
- Teachers (College, Seminary, and University)
- Technical Publications Writer
- Urban Planner
- Veterinarian
- Vocational Counsellor
- Zoologist
International Experience Canada Program
International Experience Canada is a program that gives young adults from specific countries the opportunity to work in Canada for a period of time, usually for up to two years.
Candidates have to be within an eligible age range, most commonly 18-35, but 18-30 for some countries.
There are three different options available under IEC:
- Working Holiday: This is an open work permit.
- Young Professionals: It is for those who have an employment offer in Canada. Those applying under this are tied to that employer.
- International Co-op: This is for students at a post-secondary institution with a job offer for a placement or internship in Canada. Those applying are tied to this employer.
There is a fixed number of IEC work permits available every year. The available number depends on the youth’s country of citizenship.
In the case of Young Professionals work permit, there are generally fewer candidates than spots, so you are very likely to get a work permit if you meet the criteria.
In the case of the Working Holiday permit, there are generally more candidates than spots, so the government issues work permits using a lottery system.
Spousal Open Work Permits
The last and one of the top pathways for US H-1B visa holders to relocate to Canada is Spousal Open Work Permits.
When moving to Canada as a PR, your spouse will get PR with you at the same time, provided that you included your spouse on the application.
On the other hand, if you are moving to Canada on a work permit, you will have to make a specific arrangement for your spouse’s legal status in Canada.
In many cases, like for work permits under FTAs, ICTs, and the TFWP, your spouse might be eligible to apply for a SOWP. As a result, this will provide them with legal authorization to work in Canada.
SOWPs are not tied to a specific employer. On a SOWP, your spouse can work with most Canadian employers in most industries in Canada.
Requirements for SOWPs may vary based on the nature of the primary work permit holder’s work permit.
To apply for a SOWP, refer to the eligibility requirements and follow the instructions specific to your work permit program.
Immigtoronto helps prospective immigrants find their path to permanent residency. Our team is ready to assist you with any inquiries; simply get in touch by sending an email to [email protected].
