Immigration options for relocation of H-1B workers to Canada

On September 19, 2025, the current Trump administration issued a Presidential Executive Order that may now require a US$100,000 fee for certain H1-B visa holders or applicants. The full details regarding this new H1-B visa fee can be found in this earlier Insight. In the wake of this Presidential Executive Order, employers may wish to bring existing H1-B talent to Canada or bring new talent to Canada. This will allow employers to circumvent US immigration uncertainty and significant fees while retaining H1-B talent in North America. Fortunately, there are multiple immigration options available to relocate H-1B talent to Canada.  

Previously, Canada allowed H-1B visa holders to obtain a Canadian open work permit with a duration of up to three years. The intention behind this program was to retain highly skilled workers within the North American labour market. Unfortunately, this program was ultimately closed on July 17, 2023, when it reached a maximum of 10,000 applicants. Hopefully the federal government will introduce a similar program to capitalize on the H1-B visa uncertainty, but nothing has yet to be announced.  

Although this specific H1-B program remains closed, Canada remains motivated to attract skilled workers, and a variety of options remain allowing employers to relocate H1-B talent to Canada. These Canadian immigration options provide a significant opportunity for employers to retain key foreign talent in their North American workforce. 

Intra-Company Transferees (ICT) 

An ICT work permit allows multinational employers to transfer highly specialized workers, managers and executives to work at a connected Canadian parent, branch, affiliate or subsidiary. This is a great option for multinational corporations with Canadian operations to retain talent. Transferees under this category must have been directly employed for at least one year outside of Canada with a connected company. They must also come to Canada to work in the same or similar job they held at the company’s foreign entity. Work permits under this category are granted for an initial maximum duration of three years, renewable for a total length of stay of five to seven years, depending on the nature of the transferee’s position. 

Free Trade Agreements 

Free trade agreements, such as the Canada-United States-Mexico Agreement (CUSMA), are also an option for attaining working status in Canada for foreign talent. This agreement applies to American and Mexican citizens who are qualified to work in certain professions listed within CUSMA. 

Skilled workers eligible for a Canadian work permit under this agreement include various professions (e.g. accountants, computer systems analysts, graphic designers, economists, engineers etc.), medical and allied professionals (e.g. doctors, psychologists, veterinarians, etc.), various scientists and post-secondary instructors. Work permits under this category are issued for an initial maximum duration of up to three years and are renewable for additional three-year periods. 

Although CUSMA is the most common free-trade agreement, it is not the only one. Free-trade agreements allowing for mobility of a wide range of professionals are in place between Canada and various other countries, including countries within the European Union, multiple South American countries and several trans-Pacific countries. Where an employer is seeking to relocate foreign talent to Canada, their country of citizenship should be reviewed to determine if there is a free trade agreement in place between the worker’s country of citizenship and Canada. This may allow for a streamlined work permit option.  

Temporary Foreign Worker Program (TFWP) 

The TFWP allows foreign workers to temporarily fill positions for which no qualified Canadian citizens or permanent residents are available. To partake in the TFWP, employers must request permission from Employment and Social Development Canada to hire temporary foreign workers. This involves conducting a Labour Market Impact Assessment (LMIA) that assesses the required skills, job market, and employer recruitment efforts to determine whether hiring a foreign worker is necessary to fill a gap in the labour market. If successful, the employer will receive a positive LMIA decision, allowing them to obtain work permits for qualified foreign workers. This is a good option where applicants may not necessarily fit under a free trade agreement or intra-company transfer stream but are nevertheless needed to work in Canada.  

Global Talent Stream (GTS) 

The GTS is a fast-tracked version of the TFWP. This is for innovative, high-growth employers who need to hire unique and specialized foreign talent to scale their business. Employers must either have a referral from a set list of Canadian organizations (e.g. Council of Canadian Innovators) or seek to fill a position that is on Employment and Social Development Canada’s Global Talent Occupations List. The GTS is a great option for employers in the technology and engineering fields, as the Global Talent Occupation List has several applicable occupations listed including, but not limited to, software engineers, computer programmers and database analysts. Not only does the GTS streamline the TFWP process, it also streamlines the work permit application process. 

Express Entry System 

The Express Entry System is a route to permanent residency in Canada, making it an attractive option for employers looking to fill long-term employment gaps. Express Entry involves a ranking system where points are allocated to applicants based on various factors related to age, education, work experience and language skills. The higher an applicant scores, the greater the chance they will have of being invited to apply for permanent residency. 

There are three categories included under Express Entry:  

Canadian Experience Class – For skilled workers who have work experience in Canada through a work visa 

Federal Skilled Worker Program – For skilled workers who have work experience outside of Canada 

Federal Skilled Trades Program – For skilled workers who are qualified in a skilled trade in sectors like construction, transportation, manufacturing, industrial, natural resources and agriculture 

Unfortunately, the Express Entry System is over capacity, making it difficult to leverage for relocating qualified candidates. Also, it can take several months or longer to complete, reducing its validity as an option for quick movement of talent.  

Provincial Nominee Program (PNP) 

Provincial Nominee Programs allow applicants with skills, education and work experience specifically needed by a province or territory to be “nominated” by the province to apply for permanent residency. Similar to the Express Entry System, PNPs are aimed at filling long-term skill and employment gaps identified across the provinces and territories. 

Each province and territory has their own PNP with its own unique requirements. For example, the Saskatchewan Immigrant Nominee Program (SINP) has various streams, including for skilled workers with Saskatchewan work experience and for international skilled workers. The latter would allow for skilled work experience gained in the United States on an H1-B visa to support an SINP application, thus allowing a previously US-based foreign worker to transition to Canada. 

Much like the Express Entry System, the PNP pathways in Canada are over capacity and can take several months to process. In many provinces this will not be a viable option, but it should still be reviewed as a province-specific option.  

Conclusion 

As the US increases the barriers to H-1B visas, it may be beneficial to explore relocation options to Canada in order to retain foreign talent in North America. Various Canadian-based immigration options exist to support this transition, providing a great benefit to North American employers in the face of ongoing immigration uncertainty in the US. 

Whether you’re planning to transfer a single executive to Canada or establish a new branch office, the MLT Aikins immigration team can help, offering start-to-finish immigration application services for employers and ongoing support to ensure you’re compliant with regulatory obligations. 

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