Welcome to the Guberman // Appleby Immigration Update. We hope you find the information provided relevant to your immigration needs. Our objective is to highlight recent changes in immigration that are of interest to our readers. If you have specific questions relating to this update, feel free to contact us at info@gaimmlaw.com.
Today’s topic:
- Exploring Post H1B Visa Lottery Canadian Work Permit Alternatives.
In the realm of international employment for temporary foreign workers, the US H1B lottery visa stands as a pivotal gateway for skilled professionals aiming to pursue opportunities in the United States. However, the competition is fierce, and the odds of securing this coveted visa are challenging. In the annual regular cap there are only 65000 H1Bs available. In 2023, there were over 480,000 registrations. For many hopeful applicants who are not selected there are alternative avenues to explore, particularly Canada.
Understanding the H1B US Lottery Visa
The H1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations typically require a bachelor’s degree or higher in a specialized field. Each year, the U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to select a limited number of H1B visa recipients from the pool of applicants. Due to the high demand, many qualified individuals find themselves left out in the cold, seeking viable alternatives.
Exploring Canadian Work Permit Options
Canada, renowned for its welcoming immigration policies and robust economy, offers several pathways for skilled professionals who may not have been successful in securing the H1B visa. Here are some noteworthy alternatives:
- CUSMA (formerly NAFTA) for Professionals From Mexico: Under the Canada-United States-Mexico Agreement (CUSMA), professionals from Mexico can apply for work permits in Canada, provided they meet certain qualifications and have a job offer from a Canadian employer.
- Intra-Company Transfers: Companies with offices in both the United States and Canada can transfer employees between the two countries through intra-company transfers. This route facilitates the relocation of skilled workers within multinational corporations.
- CETA (Comprehensive Economic and Trade Agreement): CETA allows for the exchange of skilled professionals who are citizens of EU member states. Eligible individuals can benefit from facilitated entry into Canada for work purposes.
- CUKTA (Canada-United Kingdom Trade Continuity Agreement): Following Brexit, CUKTA ensures that UK nationals can still benefit from preferential treatment when it comes to working in Canada. This agreement offers streamlined processes for work permits and mobility.
- CPTPP (Comprehensive and Progressive Agreement for Trans-Pacific Partnership): Professionals from CPTPP member countries can explore work opportunities in Canada through simplified immigration procedures, promoting economic cooperation and mobility across the Asia-Pacific region.
- Francophone Mobilité: Canada values its linguistic diversity, and through programs like Francophone Mobilité, French-speaking professionals can leverage their language skills to access employment opportunities in Canada more easily.
- LMIA GTS stream: The GTS focuses on specific high-demand occupations that are identified as critical to Canada’s economic growth. These occupations typically fall under the fields of science, technology, engineering, and mathematics (STEM), as well as certain creative industries.
While there are many other work permit categories to consider that may prove to be a viable options for making a work permit application to Canada, the above represent some of the more common tools that may be available to individuals who were not selected in the H1B lottery.
Requirements and Application Process
While the specific requirements may vary depending on the pathway chosen, among the prerequisites often are:
- A valid job offer from a Canadian employer
- Proof of qualifications and relevant work experience
- Meeting health and security admissibility
- Fulfilling any additional criteria specified under the respective immigration program or agreement.
While the H1B lottery may present challenges for temporary workers in the US and their US employers, there are available options to help an employer meet business needs in North America by posting a foreign worker in Canada. By navigating these pathways effectively with the help of Guberman // Appleby Immigration Lawyers, individuals and companies can turn setbacks into opportunities for growth and success on the international stage.
// CONTACT US
We welcome you to contact us directly to discuss the above. Please contact one of our immigration lawyers, by reaching out to our general line 416 548 7100 or via email info@gaimmlaw.com. As your US and Canada immigration lawyer team, we are always available to discuss any of your specific Canadian or US immigration queries either virtually or in person. We look forward to hearing from you.
