Holders of H-1B visas pursuing U.S. green cards may find it quicker and easier to obtain Canadian permanent residency instead.
Canada’s Express Entry system is pool-based, allowing the highest ranking candidates to move to the front of the line for permanent residency. Many H-1B workers can be competitive candidates in the Express Entry system, which prioritizes skilled foreign workers by awarding points based on higher education, skilled work experience, and strong language proficiency.
In contrast, the US’s H-1B system’s pathway to a green card is much more complicated. Not only is it dependent on external factors including a lottery system and employer sponsorship, but the wait times are based on the applicant’s country of origin and can vary greatly.
Discover if You Are Eligible for Canadian Immigration
For those US H-1B workers looking for more stability, here are some 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. Needs to meet certain criteria depending on stream. |
Intra-Company Transferees | Work permit | Executives & Managers: up to 3 years, renewable in 2-year increments, with a maximum stay of 7 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. |
Specialized Knowledge Transferees: up to 3 years, renewable in 2-year increments, with a maximum stay of 5 years. | |||
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. |
*PR cards must be renewed every five years, but can be renewed indefinitely as long as you’ve lived in Canada for three of the previous five years.
Moving to Canada as a permanent resident:
Under its latest Immigration Levels Plan, Canada is looking to welcome over 360,000 immigrants annually in the coming years.
Express Entry
One way you can obtain permanent residence is through Canada’s Express Entry system.
Express Entry is an online application management system that ranks candidates based on factors such as their age, education, work experience, and language proficiency.
Periodically, the federal government invites the highest ranking candidates to apply for PR through Express Entry.
That means 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 just six months.
To be eligible for Express Entry, you must meet the requirements of one of Canada’s three federally-managed immigration programs:
- The Canadian Experience Class (CEC);
- The Federal Skilled Worker Program (FWSP); or
- The Federal Skilled Trades Program (FSTP).
If your score in the Express Entry system is high enough, you may be able to apply for PR before moving to Canada.
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 obtain additional points in Express Entry for Canadian work experience.
The score you need to be successful may be lower if you qualify for category-based selection, which prioritizes candidates with in-demand occupations such as those in healthcare, trades, and STEM.
If you obtain PR through Express Entry, your spouse and your dependents on your application will also obtain PR.
Provincial Nominee Programs
If you don’t qualify for Express Entry, or if you have a low score, your best option for pursuing Canadian PR may be the Provincial Nominee Program (PNP).
To get PR through a PNP, you must demonstrate an intent to reside in the province or territory from which you seek a nomination.
To pursue PR through the PNP, determine which stream(s) you’re 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 obtain a provincial nomination, and next, you must apply to the federal government for PR.
Canada currently 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 may include having a qualifying job offer from an employer in the province.
For other streams, you must be invited by the PNP to apply for nomination, out of a provincially managed expression of interest (EOI) pool.
Many provinces have immigration streams tailored to attract highly skilled workers 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, and a vast number of qualified candidates in Canada, the country’s PR pathways have become increasingly competitive.
If you don’t have a high 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 increase your points for Express Entry, or even provide you with you a job offer that allows you to qualify for nomination by a PNP.
Here are some options to move to Canada as a foreign worker.
Intra-Company Transferees
This immigration option is available to foreign workers employed by companies outside of Canada that have a parent, subsidiary, branch, or affiliate in Canada (excluding franchises or license agreements).
To qualify, the foreign worker must 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.
- Be employed in a permanent, ongoing role at the Canadian location.
This pathway is designed for executives, managers, and 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.
Discover if You Are Eligible for Canadian Immigration
Temporary Foreign Worker Program
Work permits under the Temporary Foreign Worker Program (TFWP) can be issued for any occupation, and for foreign nationals of any country.
So no matter your job or your nationality, you can pursue a work permit through the TFWP.
To get a TFWP work permit, you’ll have to have a job offer from an employer with a Labour 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 TWFP, you’ll 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 either has an existing LMIA for an open role, or who is willing to undergo the LMIA process in order to hire you.
You can find jobs with LMIAs online in Canada’s job bank.
LMIAs are issued to employers by the Canadian federal government, and demonstrate that no Canadian citizen or permanent resident is available to fill the position.
Free Trade Agreements
Depending on your country of citizenship and your occupation, you may be eligible for a work permit on the basis of one of Canada’s free trade agreements (FTAs) with other countries.
FTA work permits are usually tied to specific employers.
To qualify for an FTA work permit, you must be a citizen of a country covered by one of Canada’s FTAs, and you must meet the other specific eligibility requirements based on the FTA.
For example, under the Canada-United States-Mexico agreement (CUSMA), Mexican and US citizens can apply for a work permit provided that their job is for one of the 63 occupations listed, which includes management consultants, scientists, teachers, and medical professionals.
International Experience Canada Program
International Experience Canada (IEC) 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 (requires no job offer and workers are not tied to any employer).
- Young Professionals: This is for those who have a job offer in Canada. Those applying under this are tied to that employer.
- International co-op (internship): This is for students at a post-secondary institution who have a job offer for a placement or internship in Canada. Those applying are tied to this employer.
IEC covers youth from these countries.
There is a fixed number of IEC work permits available each year. The available number depends on the youth’s country of citizenship.
In the case of the Young Professionals work permit, there are usually fewer candidates than spots, so you’re very likely to obtain a work permit if you meet the criteria.
In the case of the Working Holiday permit, there are usually more candidates than spots, so the government issues work permits using a lottery system. You can check online to see your chances of receiving a work permit, which are a function the number of spots for your country and the number of candidates in the pool.
Spousal Open Work Permits (SOWP)
When moving to Canada as a PR, your spouse will generally get PR with you at the same time, provided that you included your spouse on your application.
If you are moving to Canada on a work permit, on the other hand, you’ll have to make specific arrangements for your spouse’s legal status in Canada.
In many cases, such as for work permits under FTAs, ICTs, and the TFWP, your spouse may be eligible to apply for a spousal open work permit (SOWP), which 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 for most employers in most industries in Canada.
Requirements for SOWPs vary depending 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.
Discover if You Are Eligible for Canadian Immigration