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CANADIAN WORK PERMITS EASILY OBTAINED FOR H1B VISA HOLDERS

By Atty. Henry Moyal

Canada Immigration is making it easier again to visit Canada and has now taken action to clear the temporary residence inventory by exempting certain applicants from having to prove sufficient financial funds and proving they will leave Canada at end of their stay.

Therefore, up until December 31, 2023, the following applicants can no longer be refused a visitor visa for not having sufficient funds or for not being able to prove they will leave Canada after visiting Canada.

The following conditions are met:

1. The applicant must have
   1. submitted from outside Canada an application for a temporary resident visa as a member of the visitor class on or before January 16, 2023;
   2. was 18 years of age or older on January 16, 2023;
   3. in the four years preceding the date the application referred to in (i) was received, did not have a temporary resident visa, study permit, work permit, or permanent resident visa application refused, if they were not subsequently approved for an application for a temporary resident visa, work permit or study permit;
   4. did not submit the application referred to in (i) using the electronic form identified for the Canada-Ukraine Authorization for Emergency Travel initiative, or by any other means that is made available or specified by the Minister for the Canada-Ukraine Authorization for Emergency Travel;
   5. did not request in their application referred to in (i) that the temporary resident visa be granted as a super visa in accordance with the Ministerial Instructions regarding the Parent and Grandparent Super Visa, that came into force on July 4, 2022 or the Ministerial Instructions regarding the Parent and Grandparent Super Visa, that came into force on December 1, 2011.
2. The foreign national
   1. holds a temporary resident visa that was issued following facilitation under (1); and
   2. seeks to enter Canada as a visitor for the first time following the issuance of the temporary resident visa described in (i).

In other news, IRCC has starting targeting applicants in the express entry pool related to STEM occupations and expediting applicants in the following occupations:

data scientists, software developers and programmers, mathematicians, statisticians and actuaries, and electrical and electronics engineers.

Finally, starting July 16, 2023, IRCC will allow 10,000 H1B visa holders from USA to come work in Canada and obtain 3 year work permits. No job offer required.

This is a creation of an open work permit stream for H-1B specialty occupation visa holders in the US to apply for a Canadian work permit, and study or work permit options for their accompanying family members. It is ground breaking and the first of its kind in Canadian history.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193