Program delivery update: Public policy measures for H-1B visa holders and their family members
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
June 05, 2024
On July 16, 2023, the temporary public policy to exempt holders of certain American H-1B work visas from work permit requirements came into effect to facilitate access to open work permits for H-1B visa holders and their family members, residing in the US at the time of their application.
This public policy expired on July 17, 2023, when the cap of 10,000 applications from principal applicants was received. Intake of new applications under this initial public policy is now closed.
However, 2 additional public policies came into effect on September 27, 2023, and December 16, 2023, that include the following additional measures:
- Authority to process applications received in excess of the 10,000 cap if they were submitted after the expiration of the initial public policy on July 17, 2023, but prior to the closure of the online portal
- Allowing family members to continue to apply for H-1B open work permits following the expiry of the initial public policy, and before September 28, 2024
- Exempting minor children (age 17 and under) of H-1B visa holders from the $150 study permit processing fee after they arrive in Canada if they were issued an H-1B open work permit and applied for their study permit before September 28, 2024
- Facilitating work permit renewals for foreign nationals in Canada with H-1B open work permits that were issued for less than 3 years, to enable them to benefit from the full 3-year maximum of this work permit category if their work permit extension application is received before December 16, 2024
Instructions for clients on how to apply under these measures were made available on March 18, 2024.
New instructions
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