Extra H-1B Canada Open Work Permit Applications Already Received To Be Processed

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Extra H-1B Canada Open Work Permit Applications Already Received To Be Processed
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Canada immigration officials will process more H-1B open work permit applications submitted under a temporary measure announced in July last year than was previously allowed, says Immigration, Refugees and Citizenship Canada (IRCC).

The IRCC is not accepting new applications under this temporary measure, only allowing extra applications that were received as the cap was being reached to be processed.

Under the new public policy, the IRCC will process:

  • a small number of applications received in excess of the cap because they were submitted simultaneously to the cap being reached on July 17 last year;
  • applications that were submitted on behalf of applicants and their family members by their immigration representatives through the Authorized Paid Representatives Portal before the cap was reached on July 17 last year, and;
  • work permit applications for accompanying family members, including those who have already applied for a work permit, or who will apply for one in the next 12 months.

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The new temporary public policy announced on March 18 also waives study permit processing fees for minor children of H-1B holders who applied for a work permit under the initial H-1B open work permit measure and now wish to apply for a study permit from within Canada after arrival.

“This will help resolve issues experienced in the application process by some H-1B applicants who were unable to submit a study permit application for their minor children,” states the IRCC.

Instructions for family members of principal applicants on how to apply to have study permit fees waived are on the IRCC website.

Last year, Canada launching an immigration initiative dubbed the Tech Talent Strategy to lure temporary workers in the tech sector in the United States north of the border to fill jobs going begging for a want of qualified employees


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“We’re enthusiastic about the ambitious goals we have set in immigration, because they aren’t just about numbers. They are strategic,” said then-Immigration Minister Sean Fraser.

“With Canada’s first-ever immigration Tech Talent Strategy, we’re targeting newcomers that can help enshrine Canada as a world leader in a variety of emerging technologies.”

Tech Talent Strategy Was Developed To Bring In Tech Workers From The U.S.

Developed in collaboration with Canada’s tech, start-up and business communities, the Tech Talent Strategy led to the creation on July 16 last year of an open work permit stream specifically targeted for those foreign nationals working in the United States with H-1B specialty occupation visas, a visa widely used by Silicon Valley companies to bring in highly-skilled immigrants.

That stream also provided work and study permit options for the workers’ family members.

Within one day, the IRCC had already received the maximum number of 10,000 applications, with only principal applicants and not their accompanying family members counting towards the application cap.

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Colin Singer
Colin Singer is an international acclaimed Canadian immigration lawyer and founder of immigration.ca featured on Wikipedia. Colin Singer is also founding director of the Canadian Citizenship & Immigration Resource Center (CCIRC) Inc. He served as an Associate Editor of ‘Immigration Law Reporter’, the pre-eminent immigration law publication in Canada. He previously served as an executive member of the Canadian Bar Association’s Quebec and National Immigration Law Sections and is currently a member of the Canadian Chapter of the American Immigration Lawyers Association. Colin has twice appeared as an expert witness before Canada’s House of Commons Standing Committee on Citizenship and Immigration. He is frequently recognized as a recommended authority at national conferences sponsored by government and non-government organizations on matters affecting Canada’s immigration and human resource industries. Since 2009, Colin has been a Governor of the Quebec Bar Foundation a non-profit organization committed to the advancement of the profession, and became a lifetime member in 2018.