Interested in Canada’s H-1B pathway? Maximize your chances by keeping these documents ready
Having the necessary documents ready ahead of time is essential for those looking to apply for Canada’s upcoming pathway for H-1B visa holders.
In 2023, the federal government launched an open work permit program for holders of United States H-1B visas. This program reached its cap of 10,000 applications within just two days.
Foreign nationals who had their necessary documents ready were able to apply for the stream instantly, allowing them to apply to live and work in Canada for up to three years. However, those who were not able to apply before the cap was met missed out.
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This year, the federal government announced plans in the 2025 Budget to launch an accelerated pathway for H-1B holders as part of measures to recruit international talent.
As per the announcement, the initiative will address labour shortages and “attract top talent in healthcare, research, advanced industries, and other key sectors.”
The government has stated that this pathway will launch “in the coming months” although no date has been given as of now.
If you are thinking of applying, here are some documents to have ready to maximize your chances of being able to apply as soon as the new pathway opens.
Documents to prove H-1B status
When the federal government launched the previous open work permit program for H-1B holders in 2023, they required applicants to submit the following documents to prove their status.
It stands to reason that the same documents will be important to maximize your chances at a successful application in the upcoming pathway.
- A copy of your current H-1B Special Occupations visa;
- Form I-797/I797B, Notice of Action: This is a letter from the US government confirming that an approved H-1B application has been made; and
- Proof of residence in the US such as:
- Form I-94, Arrival/Departure Record;
- A recent utility bill; and
- an income tax report.
Documents to prove identity
Immigration, Refugees and Citizenship Canada (IRCC) will also likely require some documents to establish your legal identity.
This includes your:
- Passport;
- Birth certificate;
- Marriage or divorce documents (if any); and
- Adoption documents (if any).
It is also best practice to renew your passport so that it does not expire while your application is being processed.
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Documents for a PR Pathway
The newly proposed H-1B pathway could be an immigration stream that directly leads to PR in Canada – although details are still pending.
If the goal is ultimately PR, the Canadian federal government may require some or all of the following documentation. These documents are usually standard for any economic PR pathway run by the federal government.
It’s essential to note that some of these documents take months to obtain, so starting the process of retrieving them well in advance can be beneficial.
Proof of language proficiency
Immigration, Refugees and Citizenship Canada uses language tests to verify that candidates meet the required English or French proficiency set for their program.
Results must come from an IRCC-approved test provider. For economic PR, accepted tests are
- CELPIP‑General;
- IELTS General Training;
- PTE Core;
- TEF Canada (for French language proficiency); and
- TCF Canada (for French language proficiency).
Language test results are valid for two years and must be valid on the day you apply for PR.
Proof of education
Some programs require proof of higher education.
Those with foreign degrees can get them assessed by an organization designated by IRCC for this purpose.
IRCC generally requires an Educational Credential Assessment (ECA), which assesses your foreign credential and identifies whether it is the equivalent of a Canadian educational credential. Canadian education credentials can be submitted directly without the need for an ECA.
Proof of work experience
If the new pathway or related PR stream requires a certain amount of skilled work experience (as many programs do), you should gather documents that prove your work history.
To show work experience, you can submit employer reference letters.
These letters should be on company letterhead and include details such as your job title, duties and responsibilities, dates of employment, hours worked per week, and the name and contact information of your supervisor or human resources representative.
Proof of criminal background check (police certificates)
IRCC uses these documents to assess whether you have a criminal history and will pose a threat to the health and safety of the Canadian public. If this is the case, you can be barred from entering the country (this is known as criminal inadmissibility).
You will need to provide a police certificate from every country where you have lived in over the last 10 years for at least six months in a row since you turned 18 (except for time spent in Canada).
This includes a police certificate from your current country of residence, which should be issued no more than six months before you apply.
Be sure to request these well in advance, as some police certificates can take months to obtain.
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Other things to keep in mind:
Translations
Canadian immigration authorities assess documents that are in English or French. If a document is in any other language, a certified photocopy of the original document needs to be submitted along with an English or French translation, with an affidavit from the person who completed the translation.
Travel history
Many Canadian immigration forms will ask for your travel history for the past 10 years (or since the age of 18, whichever is shorter). This typically means you need to list all trips outside your country of citizenship or residence, including the dates and purpose of travel. It’s a good idea to start compiling a travel log of all your international trips, especially if you travel frequently.
Documents for accompanying family members
If you plan to include your spouse, common-law partner, or dependent children in your application, they will need to provide many of the same documents for themselves. This includes identity documents (passport, birth certificates, marriage certificate, etc.) and police certificates for each family member aged 18 or over.
Letter of Explanation
If there are any aspects of your application that are unusual or if you are missing a required document, you can include a Letter of Explanation. An LOE is a short letter addressed to the visa officer, where you clarify particular items in your application. Common reasons to include an LOE could be: inability to obtain a certain document (despite best efforts), discrepancies in name spellings across documents, or any other information you feel needs clarification.
Documentation of organizational affiliations
The Schedule A – Background/Declaration (IMM 5669) form on your PR application requires you to declare memberships and associations. This includes charitable donations.
If you don’t already have such a history, preparing this in advance can help you complete this form quickly and accurately.
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