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I missed Canada’s H1-B Holder Open Work Permit application window. What are my options?

Canada introduced the Open Work Permit (OWP) for H-1B visa holders on July 16, offering specialized occupation work for employers in Canada for up to three years. The cap of 10,000 applications was reached within two days, prompting questions about other immigration options. Several temporary worker pathways are available for H-1B visa holders without requiring a Labour Market Impact Assessment (LMIA).

Global Talent Stream

Canada's Global Talent Stream (GTS) is a popular hiring program for foreign nationals in the IT sector, eligible for H-1B visas under the "specialty occupation" definition. Employers must submit an LMIA and can be categorized into Category A for expanding companies needing specialized talent from abroad and Category B for hiring skilled foreign workers for in-demand occupations. Applications are processed within two weeks, according to Immigration Refugees and Citizenship Canada (IRCC) processing standards.

Intra-Company Transfers

Intra-Company Transfer Work Permits (ICTs) are specialized work permits for companies with multiple branches in multiple countries. They are available to employers with a parent, subsidiary, branch, or affiliate relationship and are operational in Canada. Employees must be employed by a multi-national company, seeking entry to Canada, transferring to a qualifying company, having been continuously employed by the company, coming to Canada temporarily, complying with immigration requirements, and being a senior or executive manager or functional manager.

CUSMA

The Canada United States Mexico Agreement (CUSMA) is a work permit for Mexican citizens working for multi-national companies with a Canadian branch. It does not require an LMIA and does not require a Temporary Resident Visa. CUSMA participants can apply for a work permit at a port of entry or a Visa office. The program includes four categories: Professionals, Intra-Company Transfers, Traders, and Investors. Professionals must work in one of 60 targeted professions and have pre-arranged employment in Canada. Traders can show 50% of their trade between Canada and their country of citizenship, while Investors must demonstrate significant investment in a Canadian business.

Business Visitors

Foreign nationals can enter Canada without an LMIA for business purposes like attending meetings, purchasing Canadian goods, providing after-sales service, or training employees. They must have a six-month stay, not enter the labor market, have supporting documents, and meet entry requirements.