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Thursday, September 10, 2026

H 1B US Visa Holders May Relocate with Families to Canada - The National Law Review

Highlights

  • Beginning July 16, 2023, individuals who hold an H-1B visa in the U.S. may relocate with their immediate family members to Canada

  • Individuals are permitted to simultaneously work with multiple Canadian employers, and spouses and dependents will be eligible for work and study permits

  • This announcement may be an attractive option for H-1B visa holders in the U.S. who are approaching the end of their six-year limit without other U.S. immigration relief

The Canadian Minister of Immigration, Sean Fraser, recently announced that beginning July 16, 2023, individuals who hold an H-1B visa in the U.S. may relocate with their immediate family members to Canada, even without a job offer, pursuant to Canada’s Tech Talent Strategy.

Such individuals who are approved will receive an “open” work permit, meaning their work authorization is not tied to a specific employer, and they will be allowed to work for almost any employer for up to three years. In addition, side jobs with other Canadian employers will be permitted. Spouses and dependents are eligible to join, and can receive an open work permit, as well as study permits.

According to the Canadian government, this new program will remain in effect for one year or until Immigration, Refugees and Citizenship Canada receives 10,000 applications from principal applicants. Given that several Canadian pilot programs in the past have become permanent, it is possible that this initiative will as well.

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