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 updates in immigration that are of interest to our readers.
Today’s topic:
Canada as an option for prospective H-1B Applicants.
Looking to Canada instead of an H1B
The annual US H-1B lottery is a high-stakes, low-odds gamble, and the recently announced $100,00 processing fee has amplified the uncertainty. For highly skilled professionals worldwide, including those from India who comprise the largest segment of H-1B applicants, Canada is not just a fallback; it’s an increasingly strategic and viable alternative.
Canadian work permits may offer an alternative for international temporary foreign workers and their employers who are seeking to bring them to the North American market. For US companies that also have operations in Canada, there are opportunities to continue to access specialized and highly skilled international talent through work permits.
As experienced immigration lawyers, we understand that this is not a new problem. Even before the increased fees, the limited number of H-1B slots, just 65,000 annually (plus 20,000 for US Masters students), meant Canada was always a viable alternative. For those seeking insight into the political dynamics driving these shifts, we previously covered the context surrounding the U.S. system in our video: Trump’s New Proclamation on H1Bs and Executive Order about The Gold. Likewise, some of the options outlined in this blog were also discussed in our video: Canadian work permit options for prospective H1B applicants.
Below is an outline of the various work permit paths for individuals who would also be eligible for H-1Bs and for employers looking for an alternative to the US.
1. The Global Talent Stream (GTS): Occupations List
The Global Talent Stream (GTS) – Labour Market Impact Assessment (LMIA), Occupations List is a tool that facilitates hiring of Information Technology Workers in 17 + occupations.
Among the benefits of this program are that the stream targets in-demand technical roles, including: Software Engineers and Designers, Computer Programmers, Web Developers, and IT Analysts. Likewise, no advertising required – While the government has recognized that there is a shortage of Canadians or Permanent Residents in these occupations, the Canadian employer must commit to a Labour Market Benefits Plan that sets out ways they will facilitate growth in the labour market.
If you are a high-skilled tech professional with a job offer in Canada or a Canadian employer able to support your US counterpart, the GTS offers a clear pathway to a work permit.
2. Significant Benefit (C10 Exemption)
This category is reserved for exceptional individuals whose work would generate Significant Benefit for Canada economically, culturally or socially. The worker must demonstrate unique expertise, experience, or achievements in their field. This often applies to highly credentialed researchers, tech gurus, and other innovators or individuals at the top of their field. For those H-1B applicants who can demonstrate unique and top-tier abilities, this category can prove to be a viable option for a Canadian work permit and an alternative to the US.
3. Reciprocity
This work permit option is designed for Canadian employers who create reciprocal employment opportunities for Canadian citizens or Permanent Residents abroad. For Canadian companies that also have operations in the US and have Global Mobility programs or a track record of international projects, this is a work permit opportunity for Canada for a Temporary Foreign Worker who otherwise was destined for the US.
4.Free Trade Agreements (FTAs)
Canada has a robust network of Free Trade Agreements (FTAs), such as CUSMA (with the U.S. and Mexico) and CETA (with the EU), that offer streamlined, LMIA-exempt work permits.
However, since approximately 70% of H-1B applicants originate from India, these FTAs offer no direct work permit advantage to the largest pool of affected talent, as India does not have a comprehensive, LMIA-exempt professionals trade agreement with Canada like the others. This is a critical factor for any Canada immigration lawyer Toronto to assess during a consultation.
5. The Francophone Mobilité Stream
While seemingly niche, the Francophone Mobilité stream is a powerful and nationality-neutral path that high-skilled workers can leverage, even those from traditionally non-French-speaking countries, provided that the job offer is outside of the province of Quebec.
In order to be eligible, the applicant must demonstrate an intermediate-to-advanced proficiency in French (CLB level 5 or higher). For those from visa-exempt countries, this is an extremely expeditious application, as the work permit request can be made directly at the port of entry. For a tech professional who has studied French, this offers an immediate, significant advantage in the work permit process and boosts their points for future Permanent Residence applications.
Conclusion: Securing Your Future with Expert Legal Guidance
Canada’s immigration system offers predictable and fast routes designed to meet its economic needs by attracting global talent. For those facing the uncertainty, cost, and capacity limits of the U.S. H-1B lottery, Canada is a clear strategic choice. A job offer from a Canadian company is the starting point.
// CONTACT US
Immigration lawyers at Guberman Appleby are well-versed in all Canadian work permit categories and determine the best strategy for you, your company or your employee. We welcome you to contact us directly to discuss the above. Please contact one of our Toronto immigration lawyers, by reaching out to our general line 416 548 7100 or via email info@gaimmlaw.com. Our immigration lawyers 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.
