What is Canada’s work permit fee? Options to work in Canada after the H-1B fee hike
Given the new 100,000 USD fee announced for H1-B visa petitions, skilled workers seeking career opportunities in North America may wish to consider career options in Canada.
Foreign nationals can gain work authorization in Canada through one of two routes:
- Work permits; or
- Permanent residency.
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Work permits are temporary in nature, generally issued for 1-3 years, and can be renewed under certain circumstances.
Permanent residency status allows holders to live and work in Canada indefinitely.
Here are the main options skilled foreign nationals can consider to move and work in Canada:
| Pathway | Status | Summarized eligibility criteria |
|---|---|---|
| Temporary Foreign Worker Program (TFWP) | Work permit | Job offer from a Canadian employer with a labour market impact assessment. |
| Intra-company transferee work permit | Work permit | Job offer as a manager, executive, or individual contributor with specialized knowledge, for the Canadian branch of a multinational corporation. |
| Express Entry | Permanent residence | Worker in a skilled occupation, scoring highly under Canada’s comprehensive ranking system. |
| Provincial Nominee Program | Permanent residence | Over 80+ pathways, varying criteria depending on the province or territory. Must intend to settle in the nominating province or territory. |
For many foreign nationals, the most effective route to permanent residency is to begin on a work permit, as building skilled Canadian work experience makes you a more competitive candidate for Canada’s economic immigration programs.
If you obtain a work permit yourself, your spouse or common-law parter may be able to obtain a spousal open work permit (SOWP).
If you are successful in your permanent residency application, your spouse, your dependent children, and your spouse's dependent children will be granted permanent residency at the same time (provided that they were included on your application).
Temporary Foreign Worker Program
The primary requirement for a work permit under the Temporary Foreign Worker Program (TFWP) is a job offer from a Canadian employer in possession of a labour market impact assessment (LMIA).
The LMIA is a document issued to an employer by Employment and Social Development Canada (ESDC) demonstrating that the hiring of a foreign worker is expected to have a positive or neutral impact on the Canadian labour market.
For some streams of the TFWP, employers must advertise in order to obtain an LMIA. Other streams are exempt from advertising requirements.
To obtain an LMIA, the employer must apply to ESDC and pay the 1,000 CAD application fee.
Currently, obtaining an LMIA generally takes about three to four months.
Processing times for work permits vary depending on the country from which one applies. Here are some of the most recent processing times as of the time of writing:
| Country applying from | Latest processing time |
|---|---|
| India | 8 weeks |
| Nigeria | 22 weeks |
| Pakistan | 12 weeks |
| United States | 3 weeks |
There is currently a moratorium on the processing of LMIAs under the low-wage stream of the TFWP in regions with an unemployment rate of 6% or higher, so workers who cannot secure job offers that qualify under the high-wage stream will need to seek a job offer in areas with lower unemployment.
Intra-company transferee
The primary requirement for a work permit as an intra-company transferee (ICT) is a job offer from the Canadian branch of a multinational corporation.
The employee must have been working for the employer for at least one year already.
The job offer must be for one of the following types of roles:
- Executive;
- Managerial; or
- Individual contributor with specialized knowledge.
The ICT application should show that the specific employee and role are crucial for the establishment and operation of the Canadian business.
Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm
Express Entry
Foreign nationals can pursue Canadian permanent residency (PR) through the Express Entry system.
To obtain PR through Express Entry, you must intend to reside anywhere in Canada outside Quebec.
To obtain PR through Express Entry, you must first enter an expression of interest (EOI) in the Express Entry pool, and then receive an invitation to apply (ITA) from the federal government.
To enter the pool, you must have completed approved language tests, have educational credential assessments (ECAs) for any non-Canadian education that will be counted, and must meet the minimum requirements of one of the three flagship federal economic immigration programs:
- The Canadian Experience Class.
- The Federal Skilled Worker Program.
- The Federal Skilled Trades Program.
Each program has its own requirements for work experience and for language proficiency.
To be successful in receiving an ITA, you’ll need to have a high enough score under Canada’s Comprehensive Ranking System (CRS) to receive an invitation in a draw for which you qualify.
For many foreign nationals, beginning in Canada on a work permit is their best bet to pursue PR through Express Entry, as Canadian work experience helps boost your CRS score.
To see which Express Entry streams you qualify for and to check your CRS score, you can use the app CanadaVisa+.
Provincial Nominee Program
You can obtain Canadian permanent residence by receiving a nomination from a province or territory with a nominee program.
To qualify for a nominee program, you’ll need to demonstrate an intent to reside in the province or territory nominating you.
You’ll also need to meet the specific requirements and follow the particular consideration process for the particular stream set by that province or territory.
There are over 80 streams in the PNP program.
To determine which streams you qualify for, you can use the app CanadaVisa+, you can do your own research, and/or consult with an experienced immigration representative.
General Admissibility Requirements
On top of any specific requirements for work permit or PR streams all foreign nationals must meet general admissibility requirements to Canada, including the following:
| Requirement | Summary |
|---|---|
| Financial | Must show that they have the means to support themselves and their family. |
| Medical | Must show that they do not have any conditions dangerous to the public health, and that that they will not pose an excessive demand on social services. |
| Public safety | Must not have committed or been convicted of any serious criminal offences, nor have ties to organized crime or pose a threat to national security. |
| Genuine intent | Must not lie or omit material facts on the immigration application, must not have a history of immigration violations, and for work permit applications, must satisfy the officer that you’ll leave at the end of your authorized stay. |
How to apply
Once you’ve determined which pathway to pursue and have validated that you meet the eligibility criteria, follow the Canadian government’s instructions to submit your application.
In most cases, you’ll be required to submit your application online.
Immigration is intended to be a do-it-yourself process, and you are not required to hire a representative.
That said, there can be a good deal of complexity and nuance in many immigration applications, and there are many pitfalls and opportunities to make mistakes that can lead to delay or refusal.
As such, many foreign nationals choose to hire an experienced immigration representative to assist with their application.
Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm
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