Home News I missed Canada H1-B holder open work permit application w

I missed Canada H1-B holder open work permit application w

I missed Canada H1-B holder open work permit application w


Latest World News: I missed Canada H1-B holder open work permit application w

On July 16, Canada launched a new Open Work Permit (OWP) for H-1B Visa Holders as part of Canada’s new technology talent strategy.

The PTO gives candidates in skilled occupations the opportunity to work for almost any employer in Canada, is valid for up to three years, and holders are allowed to bring their immediate family to Canada with them.

It has proven to be an extremely popular option and the cap of 10,000 applications was hit in two days, leaving some wondering what other options are available for H-1B holders to immigrate to Canada.

Schedule a Free Work Permit Consultation with Cohen Immigration Law Firm

There are still several ways for an H-1B visa holder to potentially enter Canada, many of which do not require Labor Market Impact Assessment (LMIA). An LMIA is a document that Canadian businesses or employers must submit to prove that they will not have a negative impact (or at least only have a neutral impact) on Canada’s economy or workforce by hiring foreign nationals.

Here is an overview of some important pathways for temporary workers in Canada for H-1B visa holders.

Global Talent Stream

from Canada Global Talent Stream (GTS) is a popular option for foreign nationals working in the IT industry, making them eligible under the skilled occupation definition for an H-1B visa holder. Employers wishing to hire using this program must submit an LMIA.

There are two categories under this stream.

The first, Category A, is for growing businesses that can demonstrate a need to hire specialist talent from overseas. These companies must be referred to the Global Talent Stream by a designated referral partner, which is usually a local or provincial trade association.

Category B is for companies that need to hire certain skilled foreign workers for one of the occupations on the Global Talent Occupations list. These occupations are considered to be in demand with an insufficient domestic labor supply.

Candidates who have applied under the GTS can expect their applications to be processed within two weeks depending on the Immigration Refugees and Citizenship Canada (IRCC) processing standard.

Intra-company transfers

Work permit for intra-company transfer (ICT) are another type of specialized work permit that does not require employers to obtain an LMIA. It is aimed at companies with branches in several countries to facilitate the movement of employees.

This works for employers in two circumstances.

  • Companies outside and inside Canada have a parent, subsidiary, branch or affiliate relationship.
  • Both companies do business. This means that they provide goods and services on an ongoing basis. The company must be operational in Canada; they cannot simply have a physical location in Canada.

If an employee wishes to obtain an ICT work permit, they must be:

  • Currently employed by a multinational company and seeking to enter Canada to work for a parent company, subsidiary, branch or affiliate of that company.
  • Transfer to a business that has a qualifying relationship with the business at which they are currently employed and will be employed in a legitimate and continuous establishment of the business in Canada.
  • Have been continuously employed (via payroll or contract) by the company planning to transfer them to Canada in a similar full-time position for at least one year during the three-year period immediately preceding the date of the initial application.
  • Coming to Canada for a temporary period only.
  • comply with all Canada immigration requirements for temporary entry

Additionally, they must be a senior or executive manager, functional manager, or have specialized knowledge.


THE Canada United States Mexico Agreement (CUSMA) is an option for Mexican citizens who are employees of multinational companies with a branch in Canada. Like the Global Talent Stream and intra-company transfers, this work permit does not require an LMIA.

Also, US and Mexican citizens do not need a Temporary resident visa to enter Canada, so CUSMA work permit applications can be made at a port of entry (such as a border crossing or airport) or at a visa office, online or on paper.

CUSMA participants fall into four categories of temporary work:

Professionals must work in one of approximately 60 targeted occupations and have pre-arranged employment in Canada. Independent professionals are not eligible.

CUSMA TICs are issued to employees who are temporarily in Canada to work for a branch of their US or Mexican employer. They are only eligible if they have worked continuously for their employer for at least one of the last three years in a position similar to the work done in Canada.

CUSMA Traders is an option for those who can demonstrate that they intend to conduct 50% of their trade in goods or services between Canada and their country of citizenship. This can be based on volume or value traded.

CUSMA investors must demonstrate that they have made a significant investment in a new or existing Canadian business. They must demonstrate that they are seeking to enter Canada to develop and run the Canadian business.

Business visitors

A foreign national may be able to enter Canada for business without an LMIA for many reasons such as attending business meetings, buying Canadian goods, providing after-sales service, training with a Canadian parent company or training other employees.

To be eligible, business visitors must prove that

  • they plan to stay less than six months,
  • they do not plan to enter the Canadian labor market,
  • the principal place of business and the source of income and profits are outside of Canada,
  • they have documents to support their claim and
  • they meet Canada’s basic entry requirements

Schedule a Free Work Permit Consultation with Cohen Immigration Law Firm


Also read this Article:

An Overview of Global Events in 2023

In 2023, the world witnessed a myriad of events that left a lasting impact on global affairs. From political developments and economic shifts to environmental challenges and breakthroughs in science and technology, the year was marked by significant changes and a sense of urgency for collective action. Here’s an overview of some of the latest world news in 2023.

Political Unrest and Diplomatic Strides:
In the political arena, several regions experienced unrest and geopolitical tensions. The ongoing conflict in the Middle East continued to dominate headlines, with efforts towards peace and stability remaining elusive. However, there were also moments of diplomatic breakthroughs as nations engaged in dialogues to ease tensions and work towards lasting solutions.


Economic Transformations:
The global economy faced both challenges and opportunities. Trade disputes between major powers affected markets, while some countries grappled with debt crises. On the other hand, emerging economies showed resilience and promising growth, fueling optimism for a more balanced global economic landscape.

Technological Advancements:
Innovation surged forward in the tech industry, with breakthroughs in artificial intelligence, renewable energy, and space exploration. Quantum computing achieved milestones, promising radical transformations across industries. Renewable energy sources gained traction, with many countries setting ambitious goals to combat climate change.

Climate Crisis and Environmental Resilience:
As the climate crisis intensified, extreme weather events wreaked havoc in various parts of the world. Wildfires, hurricanes, and floods reminded humanity of the urgent need for climate action. In response, governments and communities across the globe doubled down on efforts to reduce carbon emissions, invest in sustainable infrastructure, and protect biodiversity.


Health and Pandemic Management:
Health remained a global priority as countries continued to combat the COVID-19 pandemic. With the emergence of new variants, vaccination efforts and public health measures remained crucial to curbing the spread of the virus. There were also significant advancements in medical research and technology, offering hope for better preparedness in handling future health crises.

Sports and Cultural Milestones:
Amidst the challenges, the world found moments of joy and unity through sports and culture. International sporting events brought together athletes from diverse backgrounds, promoting solidarity and camaraderie. Cultural exchanges and celebrations showcased the richness of human diversity and fostered mutual understanding.

In conclusion, the year 2023 was a dynamic period filled with significant events that shaped the course of history. From political unrest to technological advancements and environmental challenges, the world witnessed the complexities of the global landscape. While obstacles remained, there were also encouraging developments and collaborative efforts towards a more sustainable, peaceful, and prosperous future for all nations. As we move forward, the lessons learned from these events serve as a reminder of the importance of collective action and cooperation to address shared global challenges.