Missed Canada's H1-B Open Work Permit slots? Here are alternative options to enter Canada's labour market without LMIA

July 16 marked a milestone for H-1B visa holders as Canada unveiled its new Open Work Permit (OWP), a tantalizing option as part of Canada's tech talent strategy. The OWP grants specialized occupation professionals the chance to work across various employers in Canada for up to three years, with the added perk of bringing their immediate families along. However, the popularity of this permit skyrocketed, hitting the 10,000 application cap in just two days, leaving some pondering their immigration prospects.

Fear not, as there are still multiple pathways for H-1B holders to explore Canada's promising avenues without the need for a Labour Market Impact Assessment (LMIA).

Alsop read | Maple rush! Canada's 10,000 Open Work Permit slots for United States H1-B Visa holders max out within 48 hours

Here's an overview of some alternative temporary worker pathways to Canada:

Global Talent Stream

Canada's Global Talent Stream (GTS) emerges as a sought-after choice for foreign nationals thriving in the IT sector, fitting the "specialty occupation" definition of an H-1B visa holder. Employers eager to embrace this route must furnish an LMIA.

Category A

For ambitious companies in need of specialized talents from abroad, a Global Talent Stream referral from a designated partner, like a local or provincial business association, is a must.

Category B

Companies seeking skilled foreign workers for occupations listed in the Global Talent Occupations List can tap into this option, making use of the high-demand occupations with an inadequate local labor supply.

GTS applications get processed within two weeks, adhering to Immigration Refugees and Citizenship Canada (IRCC) standards.

Intra-Company Transfers

Serving as another LMIA-exempt specialized work permit, Intra-Company Transfer Work Permits (ICTs) simplify employee mobility across countries for enterprises with international branches. The prerequisites are simple:

• A parent, subsidiary, branch, or affiliate relationship between the Canadian and foreign enterprises.
• Engaging in ongoing business activities, delivering goods and services.

For ICT Work Permit applicants:

• Current employment with a multinational company, shifting to a related company in Canada.
• A minimum one-year tenure in a similar full-time position within the past three years.
• Temporary stay in Canada.
• Complying with Canada's temporary entry immigration requirements.
• Holding senior, executive, managerial positions, or possessing specialized knowledge.

Canada United States Mexico Agreement

The Canada United States Mexico Agreement (CUSMA) presents a captivating option for Mexican citizens employed by multi-national companies with Canadian branches. As with GTS and ICT, this work permit is LMIA-free. Adding to its allure, American and Mexican citizens don't require a Temporary Resident Visa for Canada entry, allowing applications at Ports of Entry or Visa offices.

CUSMA participants can explore four categories of temporary work:

• CUSMA Professionals: Engaging in approximately 60 targeted professions with pre-arranged Canadian employment (Self-employed professionals need not apply).
• CUSMA ICTs: Tapping into temporary work for a related company in Canada after continuous employment with a US or Mexican employer for one year in the past three years, performing similar duties.
• CUSMA Traders: Demonstrating substantial goods or services trade between Canada and their country of citizenship, based on volume or value.
• CUSMA Investors: Proving significant investment in an existing or new Canadian business with the intention to direct and develop the venture.

Also read | Canadian court protects dual intent: US residency application not a barrier to intent to reside in Canada

Business Visitors

Business visitors hold the possibility of entering Canada sans LMIA, indulging in activities like business meetings, purchasing Canadian goods, providing after-sales services, getting trained by a Canadian parent company, or training fellow employees. To be eligible, the requirements are straightforward:

• A stay of fewer than six months.
• No intention to enter the Canadian labor market.
• Primary business operations, income, and profits outside Canada.
• Supporting documents and adherence to Canada's basic entry requirements.

In conclusion, if you missed the boat on Canada's H-1B Open Work Permit, there's no need to fret.

Also read | Man saves moose's life in Canada, gets fired from his job at petroleum company

Disclaimer: The copyright of this article belongs to the original author. Reposting this article is solely for the purpose of information dissemination and does not constitute any investment advice. If there is any infringement, please contact us immediately. We will make corrections or deletions as necessary. Thank you.