Temporary public policy to exempt holders of certain American H-1B work visas from work permit requirements

Background:

To continue to position Canada as a leader in innovation, the Government of Canada is looking to leverage global opportunities and develop policies to support the next generation of innovative industrial activities. Aligning immigration tools with industrial priorities is essential to supporting Canada’s future prosperity.

Highly-skilled workers, particularly in information technology (IT) related occupations, are crucial to supporting and growing Canada’s innovation ecosystem. They can spark economic benefits by improving the competitiveness of Canadian firms in the knowledge economy and incentivizing additional economic activity and investments within Canada. Facilitating access for certain H-1B visa holders to open work permits will thus serve to bolster Canada’s potential for economic growth by allowing employers to leverage a strong source of highly-skilled labour.

Therefore, I hereby establish, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), that there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the Immigration and Refugee Protection Regulations (the Regulations) listed below to foreign nationals who meet the conditions (eligibility requirements) set out below.

Conditions (eligibility requirements):

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified if the meet the conditions in Part 1 or Part 2:

Part 1

1. The foreign national:
   1. has submitted a work permit application under section 200 of the Regulations, where the duration of the work permit requested is for a maximum of three years;
   2. resided in the United States at the time the work permit application referred to in 1(i) was submitted;
   3. holds an H-1B (Specialty Occupations category) visa issued by the United States of America that was valid at the time the work permit application referred to in (i) was submitted; and
   4. has submitted the application referred to in (i) using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose if the foreign national is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means;
   5. has submitted the visa, or a copy of the visa, referred to in (iii) using electronic means, or by any other means that is made available or specified by the Minister for that purpose if the foreign national is unable to meet the requirement to submit this document using electronic means; OR

Part 2

2. The foreign national:
   1. is a family member - per the definition in subsection 1(3) of the Regulations - of a foreign national who has applied and has been found to meet the conditions listed in Part 1;
   2. has submitted a work permit application under section 200 of the Regulations, where the duration of the work permit requested is for a maximum of three years;
   3. resided in the United States at the time the work permit application referred to in (ii) was submitted; and
   4. has submitted their work permit application using electronic means (applied online), or by any other means that is made available or specified by the Minister for that purpose if the foreign national is unable to meet the requirement to make the application, submit any document or provide signature or information using electronic means.

Provisions of the Regulations for which an exemption, if applicable, may be granted:

1. For foreign nationals who meet the conditions listed in Part 1:
   • Paragraph 200(1)(c) - the requirement to be described under this paragraph of the Regulations;
2. For foreign nationals who meet the conditions listed in Part 2:
   • Paragraph 200(1)(c) - the requirement to be described under this paragraph of the Regulations;

Other admissibility and selection criteria

Foreign nationals eligible under this public policy are subject to all other legislative admissibility and selection criteria not exempted under this, or another, public policy.

Effective date and expiration

This public policy takes effect on July 16, 2023 and expires on July 15, 2024, or once 10,000 work permit applications have been submitted for consideration under Part 1 of the public policy to the Department of Citizenship and Immigration, whichever comes first. This public policy may be revoked at any time without prior notice.