Moving to Canada from the U.S. on H-1B in 2026: Work Permits, Express Entry, PNPs and the Best Immigration Options for Skilled Workers

Can an H-1B holder move directly to Canada?

Yes.

A foreign national who is lawfully living in the United States can potentially apply for Canadian:

• permanent residence;
• employer-specific work permits;
• LMIA-based work permits;
• LMIA-exempt work permits;
• Provincial Nominee Programs;
• community immigration programs; or
• family-based immigration.

You do not normally need to return to your country of citizenship first simply because your current immigration status is H-1B.

Your U.S. status does not automatically convert into Canadian immigration status.

Canada assesses you independently under Canadian immigration law.

Is Canada still offering the special open work permit for H-1B holders?

No.

This is one of the most important misconceptions for H-1B workers considering Canada.

Canada introduced a special open-work-permit initiative for H-1B visa holders in July 2023. The program reached its cap of 10,000 principal applicants on July 17, 2023 and is closed to new H-1B applicants. Canada

That means an H-1B holder cannot currently obtain a Canadian three-year open work permit simply because they hold H-1B status.

However, H-1B professionals often fit several other Canadian immigration routes.

Route 1: Express Entry — permanent residence without first working in Canada

For many highly educated H-1B professionals, Express Entry should be assessed first.

Express Entry manages applications under Canada's principal federal economic immigration programs, including the:

• Federal Skilled Worker Program;
• Canadian Experience Class; and
• Federal Skilled Trades Program.

A professional living and working in the United States may potentially qualify for Canadian permanent residence through Express Entry without first obtaining a Canadian work permit or Canadian employer.

That is one of the most important structural differences between Canadian economic immigration and the H-1B system.

Why H-1B professionals can be strong Express Entry candidates

Many H-1B workers have characteristics that Canada rewards under the Comprehensive Ranking System, including:

• university education;
• master's degrees or PhDs;
• several years of professional work experience;
• strong English ability;
• occupations in technology, engineering, health, finance or professional services;
• relatively young age; and
• spouses with their own education and language ability.

However, a high salary or strong U.S. career does not automatically translate into a strong Canadian immigration score.

Canada applies its own rules to:

• education;
• language testing;
• occupational classification;
• skilled work experience;
• age;
• spouse factors; and
• provincial nomination.

The first step is therefore an actual Canadian immigration assessment—not an assumption based on U.S. career seniority.

Federal Skilled Worker eligibility comes before CRS ranking

A U.S.-based foreign professional will often enter Express Entry through the Federal Skilled Worker Program.

The program is designed for skilled workers with foreign work experience. Qualifying work must generally fall within NOC TEER 0, 1, 2 or 3 and satisfy the program's skilled-work requirements. Canada

A candidate who meets the minimum program requirements is then assessed under the Federal Skilled Worker selection grid.

The pass mark is currently:

67 points out of 100. Canada

Those 67 points are not the CRS score.

They are an eligibility test.

Once a candidate qualifies under the Federal Skilled Worker Program and enters the Express Entry pool, the candidate is ranked separately using the Comprehensive Ranking System.

That distinction is essential.

Do you need a Canadian job offer for Express Entry?

Usually, no.

Canada removed CRS points for job offers on March 25, 2025.

Before that change, certain qualifying job offers could generate 50 or 200 CRS points.

Those CRS points are no longer awarded. Canada

For an H-1B professional, that means the first question should not automatically be:

“How do I find a Canadian employer?”

It should often be:

“What is my current Express Entry eligibility and CRS score before I change jobs or countries?”

A Canadian job offer can still matter for certain program-eligibility requirements and provincial pathways, but it no longer provides the old CRS job-offer bonus.

Route 2: Express Entry category-based selection

Canada also uses category-based Express Entry rounds to target candidates with particular skills or characteristics.

Current categories include:

• French-language proficiency;
• healthcare and social services occupations;
• STEM occupations;
• trade occupations;
• education occupations;
• transport occupations;
• physicians with Canadian work experience;
• senior managers with Canadian work experience;
• researchers with Canadian work experience; and
• skilled military recruits. Canada

This matters because a candidate should not look only at their overall CRS.

They should also determine whether their profile qualifies for a current category.

H-1B technology workers should pay close attention to STEM

A significant portion of the H-1B workforce is employed in areas such as:

• software;
• engineering;
• computing;
• cybersecurity;
• analytics;
• mathematics;
• architecture;
• scientific research; and
• other technical fields.

Canada currently maintains a STEM category within Express Entry. Canada

However, eligibility depends on the Canadian National Occupational Classification code associated with the applicant's actual work experience.

A U.S. job title by itself is not enough.

For example, titles such as:

• software engineer;
• solutions architect;
• technical program manager;
• data scientist;
• product manager; or
• engineering manager

can lead to different Canadian NOC classifications depending on actual duties.

An accurate NOC analysis should therefore be completed before relying on a category-based pathway.

Route 3: Provincial Nominee Programs

A Provincial Nominee Program can become extremely important when a candidate's federal CRS is not sufficient.

Canadian provinces and territories operate immigration streams designed to select workers who meet their own labour-market and economic priorities.

Depending on the province, eligibility can depend on:

• occupation;
• Canadian job offer;
• employer eligibility;
• provincial work experience;
• language ability;
• education;
• licensing;
• family connections;
• regional labour shortages; or
• provincial Expression of Interest scoring.

A provincial strategy should therefore be assessed alongside Express Entry rather than only after Express Entry appears unsuccessful.

Why a provincial nomination can change an Express Entry case

An Express Entry-linked provincial nomination can add:

600 CRS points.

That can fundamentally change a candidate's ranking in the Express Entry pool.

For many U.S.-based professionals, a PNP should therefore be part of the initial assessment rather than treated as a last resort.

Route 4: Ontario immigration for professionals with Canadian job offers

Ontario can be especially relevant to H-1B professionals because it contains major technology, finance, health-care and professional-services centres such as:

• Toronto;
• Mississauga;
• Waterloo;
• Ottawa;
• Hamilton; and
• surrounding regions.

Ontario's redesigned 2026 immigration system includes the Ontario Workforce Priority Stream, which can support qualifying workers with eligible Ontario employment.

This is not simply a candidate-only program.

The Ontario employer, the employment position and the candidate must each satisfy separate requirements.

An Ontario employer-supported case can involve assessment of:

• employer eligibility;
• revenue;
• employee count;
• business premises;
• NOC;
• wage;
• recruitment;
• job-offer terms;
• candidate eligibility; and
• Ontario Expression of Interest scoring.

If you are considering an Ontario employment offer, review:

Ontario's New OINP Scoring System: How the 130-Point Workforce Priority Grid Works

and:

OINP Employer Portal Guide 2026: Employer Requirements, Job Offers, Recruitment and Documents

Route 5: Obtain a Canadian work permit first and build permanent-residence eligibility

Direct permanent residence is not always the fastest route.

For some H-1B workers, the stronger strategy is:

Canadian employer → work permit → Canadian work experience → permanent residence

This may make sense where:

• current CRS is not competitive;
• the person has a strong Canadian employment opportunity;
• a multinational employer can transfer the worker;
• the worker speaks French;
• the Canadian employer can obtain an LMIA;
• an LMIA exemption applies; or
• Canadian work experience would materially improve future immigration options.

Canadian temporary status and Canadian permanent residence should therefore be assessed together rather than as completely separate strategies.

Route 6: Global Talent Stream

The Global Talent Stream can be important for highly skilled workers, particularly in technology and specialized professional occupations.

It operates within Canada's Temporary Foreign Worker Program.

Canadian employers may use it to recruit qualifying highly skilled foreign workers through the LMIA process.

For an eligible worker, the Global Talent Stream can also connect to Canada's Global Skills Strategy, which is designed to provide faster work-permit processing for qualifying cases.

IRCC currently states that it aims to process eligible and complete Global Skills Strategy work-permit applications within approximately two weeks. Canada

However, this should not be treated as a guaranteed processing time.

IRCC has also expressly warned that some Global Skills Strategy applications may take longer than two weeks depending on processing conditions. IRCC

Who can qualify for Global Skills Strategy expedited processing?

Current eligibility can include:

• workers supported by a positive Global Talent Stream LMIA; and
• certain LMIA-exempt workers in TEER 0 or TEER 1 occupations applying for employer-specific work permits from outside Canada. Canada

For an H-1B professional in technology, engineering or a senior management role, this can be a major route worth assessing.

Route 7: Intra-company transfer to Canada

This can be one of the most attractive options for H-1B professionals working for multinational companies.

If your current employer has a qualifying Canadian parent, subsidiary, branch or affiliate, it may be possible to transfer you into the Canadian organization under an applicable intra-company transfer framework.

These cases commonly involve workers in:

• executive positions;
• senior managerial positions; or
• specialized-knowledge roles.

For an H-1B employee already working for a multinational company, this can be strategically important because it may allow the worker to preserve:

• the employer relationship;
• seniority;
• institutional knowledge;
• career progression; and
• professional continuity.

Instead of resigning and searching for an unrelated Canadian employer, the first question may be:

“Does my existing company have a Canadian entity that can support an internal transfer?”

Route 8: Francophone Mobility

Francophone Mobility is one of Canada's most important LMIA-exempt work-permit routes and is often overlooked by foreign professionals living in the United States.

A qualifying worker can obtain an employer-specific Canadian work permit without an LMIA if the requirements are met.

Current eligibility generally requires:

• employment outside Quebec;
• general work-permit eligibility;
• French speaking and listening ability equivalent to at least NCLC 5; and
• a qualifying job offer, with most NOC TEER categories potentially eligible except specified primary-agriculture occupations in TEER 4 and 5. Canada

The employer normally:

• submits the offer through IRCC's Employer Portal;
• uses exemption code C16;
• pays the employer compliance fee; and
• gives the employee the offer-of-employment number required for the application. Canada

You do not need to be from a Francophone country

Francophone Mobility is not restricted to French nationals.

A worker from:

• India;
• China;
• Brazil;
• Nigeria;
• Pakistan;
• the Philippines; or
• another country

can potentially qualify if the actual language and employment requirements are met.

For an H-1B holder, French can therefore be more than a way to increase CRS points.

It can potentially become a Canadian work-permit strategy.

Route 9: CUSMA — useful only for qualifying U.S. and Mexican citizens

There is an important distinction here.

A person does not qualify for CUSMA simply because they live or work in the United States.

CUSMA immigration benefits depend on citizenship and the applicable professional or business category.

That means an Indian citizen working in California on H-1B does not become eligible for a CUSMA professional work permit merely because they work in the United States.

For qualifying U.S. or Mexican citizens, however, CUSMA can provide important Canadian work-permit options in professional, business and intra-company-transfer categories.

H-1B status and CUSMA eligibility should therefore never be treated as interchangeable.

Route 10: A regular LMIA-based Canadian work permit

If no LMIA exemption applies, a Canadian employer may potentially seek a Labour Market Impact Assessment.

A positive LMIA can then support an employer-specific Canadian work-permit application.

This route may be relevant to workers in areas such as:

• technology;
• engineering;
• management;
• skilled trades;
• health care;
• manufacturing; and
• specialized professional occupations.

The Global Talent Stream is one LMIA route, but it is not the only one.

For many H-1B professionals, the practical challenge is not necessarily whether they are qualified to do the work.

It is whether a Canadian employer is willing and able to support the immigration process.

Route 11: Canadian Experience Class after working in Canada

Canadian work experience can materially change a person's immigration options.

The Canadian Experience Class currently requires at least:

one year, or 1,560 hours, of qualifying Canadian skilled work experience within the three years before applying. Canada

The experience must generally:

• be gained while authorized to work in Canada;
• be paid;
• satisfy the NOC requirements; and
• fall within qualifying skilled occupational categories.

For some H-1B professionals, the long-term strategy may therefore be:

work permit → one year of Canadian skilled work → Canadian Experience Class / Express Entry

rather than waiting outside Canada for the federal CRS to improve.

Route 12: Rural Community Immigration Pilot

Professionals who are willing to consider communities outside Canada's largest metropolitan areas should also assess the Rural Community Immigration Pilot.

The pilot offers permanent residence to qualifying skilled workers who obtain eligible employment from designated employers in participating communities. Canada

Canada currently has 18 participating communities across the Rural and Francophone Community Immigration Pilots combined. Canada

Candidates who qualify and apply for permanent residence may also be eligible for a two-year employer-specific work permit while the PR application is processed. Canada

For someone whose priority is Canadian permanent residence rather than a specific city, these programs can be strategically important.

Route 13: Francophone Community Immigration Pilot

The Francophone Community Immigration Pilot offers permanent residence to skilled workers who want to work and settle in participating Francophone-minority communities outside Quebec.

The program currently operates in six participating communities and requires an eligible job offer from a designated employer plus a community recommendation. Canada

For French-speaking H-1B professionals, this can create another path beyond Express Entry and Francophone Mobility.

Route 14: Atlantic Immigration Program

The Atlantic Immigration Program provides an employer-driven permanent-residence route in:

• Nova Scotia;
• New Brunswick;
• Prince Edward Island; and
• Newfoundland and Labrador.

The worker needs a qualifying offer from a designated employer.

For TEER 0, 1, 2 or 3 positions, the offer must generally be:

• full-time;
• non-seasonal; and
• for at least one year from the time the worker becomes a permanent resident. Canada

For a U.S.-based professional open to Atlantic Canada, this can provide a fundamentally different pathway from waiting for a federal Express Entry invitation.

What about Canada's Start-Up Visa Program?

Be careful with older immigration articles.

Canada's Start-Up Visa Program is currently paused for new applications.

IRCC stopped accepting new applications on June 30, 2026, other than the transitional cases permitted under the program's closing rules. Canada

It should therefore not currently be promoted as a general immigration alternative for an H-1B professional who wants to launch a Canadian company.

Should you pursue Canadian permanent residence first or find a Canadian employer first?

There is no universal answer.

A useful way to approach the problem is to divide candidates into three broad profiles.

Profile 1: Competitive for direct permanent residence

This person may have:

• strong age points;
• master's degree or PhD;
• strong English;
• several years of skilled foreign work experience;
• French ability;
• an occupation in a current Express Entry category; or
• strong PNP potential.

The first strategy may be:

Express Entry + provincial nomination assessment before changing employment.

Profile 2: Strong professional background but weak CRS

This person may be:

• older;
• highly paid but losing age points;
• English-speaking only;
• outside a current priority category; or
• below recent federal invitation levels.

The stronger strategy may become:

Canadian employer → work permit → Canadian experience → CEC / PNP / category-based pathway

rather than waiting indefinitely outside Canada.

Profile 3: Current U.S. employer can transfer the worker

A professional employed by a multinational organization should first determine whether the company has an appropriate Canadian entity.

That can include employers in:

• technology;
• banking;
• consulting;
• pharmaceutical;
• engineering;
• manufacturing;
• telecom; and
• other multinational sectors.

An internal Canadian transfer can sometimes be more practical than abandoning the existing employer relationship and starting an external Canadian job search.

Does your H-1B salary matter for Canadian immigration?

Not directly in the way many people expect.

A U.S. salary of US$150,000 or US$250,000 does not automatically produce a high CRS score.

Canada's CRS focuses on factors such as:

• age;
• education;
• official-language ability;
• Canadian work experience;
• foreign work experience;
• spouse factors;
• provincial nomination;
• French proficiency;
• Canadian education; and
• other prescribed factors. Canada

Salary can still matter indirectly.

For example, it may help establish:

• seniority;
• managerial responsibility;
• professional progression;
• the credibility of a particular occupation;
• whether a Canadian offer is commercially realistic; or
• eligibility under a particular provincial or employer-driven program.

But there is no rule that high U.S. compensation equals Canadian permanent residence.

Does your U.S. green-card process transfer to Canada?

No.

Canadian permanent residence is completely separate from the U.S. immigration system.

An approved:

• PERM;
• I-140;
• H-1B petition;
• H-1B extension;
• employment-based priority date; or
• U.S. immigrant petition

does not transfer into Canadian permanent residence.

However, the evidence underlying your U.S. immigration record can still be very useful.

It may help document:

• employment;
• occupational duties;
• education;
• specialized knowledge;
• management responsibility;
• career progression; and
• employment history.

Keep your U.S. immigration and employment records.

Documents H-1B holders should start collecting now

Even if you are not ready to move, a serious Canada contingency plan should begin with documentation.

Consider collecting:

• passport;
• current U.S. visa;
• I-797 approval notices;
• I-94 record;
• employment letters;
• detailed job descriptions;
• promotion letters;
• offer letters;
• pay slips;
• W-2 forms;
• university degrees;
• transcripts;
• professional licences;
• marriage certificate, where applicable;
• spouse's education documents;
• spouse's employment records;
• previous foreign-employment letters;
• detailed reference letters showing duties;
• language-test planning documents;
• Educational Credential Assessment planning; and
• Canadian job-offer documents if discussions have begun.

Canadian immigration often looks beyond the job title.

Your actual duties and responsibilities matter.

Do you need IELTS or another language test if you work in the United States?

Usually, yes where the Canadian immigration program requires an approved language test.

Working in English in the United States does not replace Canadian immigration language testing.

You may still need an approved test even if you:

• completed a U.S. master's degree;
• work for a major U.S. technology company;
• have lived in the United States for many years; or
• use English every day at work.

For Express Entry, language results are one of the most important parts of both eligibility and ranking.

Does a U.S. degree automatically count as a Canadian degree?

No.

If your education was completed outside Canada, you will generally need an Educational Credential Assessment when required for Express Entry.

An ECA verifies the validity of a foreign credential and determines its Canadian equivalency.

For Federal Skilled Worker applicants, foreign education generally requires an ECA to establish principal-applicant eligibility and to claim education points. Canada

The assessment must come from an organization or professional body designated by IRCC. Canada

A U.S. master's degree does not automatically get treated as a Canadian master's degree simply because it was issued by an American university.

What happens to your spouse and children if you move to Canada?

Family strategy should be assessed at the same time as the principal applicant's immigration strategy.

A spouse or common-law partner and dependent children can often be included in a permanent-residence application.

For temporary workers, family work and study rights depend on:

• the principal worker's permit;
• occupation;
• work-permit category;
• current family-work-permit rules; and
• each family member's circumstances.

Do not assume every spouse automatically receives an open work permit.

Some employer-driven immigration programs also have specific family provisions.

For example, under the Rural Community Immigration Pilot, a spouse or common-law partner may be able to apply for an open work permit while the principal applicant holds the program's two-year employer-specific permit. Canada

Can you apply for Canada while continuing to work in the United States?

Yes.

For many H-1B professionals, this is the better approach.

You do not necessarily need to resign before:

• taking an approved language test;
• obtaining an ECA;
• calculating your CRS;
• creating an Express Entry profile;
• pursuing provincial nomination;
• exploring Canadian employment;
• assessing intra-company transfer;
• improving French; or
• developing a work-permit strategy.

Canada can be built as a parallel immigration plan while you remain lawfully employed in the United States.

That is very different from waiting until a U.S. deadline forces an emergency decision.

A practical Canada strategy for an H-1B worker

A properly sequenced assessment should usually follow these steps.

Step 1: Determine your Canadian NOC

Map your actual U.S. job duties to Canada's National Occupational Classification.

Do not use the U.S. title alone.

Step 2: Determine Express Entry eligibility

Review:

• Federal Skilled Worker requirements;
• the 67-point selection grid;
• skilled work experience;
• language;
• education;
• settlement funds where required;
• admissibility; and
• intended province of residence.

Federal Skilled Worker applicants normally require proof of settlement funds unless an applicable exemption applies. Canada

Step 3: Calculate your CRS

Calculate your current score before making major decisions.

Then model realistic improvements such as:

• stronger English results;
• French;
• spouse-language results;
• spouse education;
• provincial nomination;
• Canadian work experience; and
• other achievable factors.

Step 4: Check category-based Express Entry

Determine whether your occupation or French ability places you within a current category.

For U.S.-based skilled professionals, this can materially change the strategy.

Step 5: Review Provincial Nominee Programs

Do not assess only the province you already know.

Provincial rules differ substantially.

The strongest province for one candidate can be completely different from the strongest province for another.

Step 6: Review Canadian work-permit options

Ask whether the worker could qualify through:

• intra-company transfer;
• Global Talent Stream;
• another LMIA pathway;
• Francophone Mobility;
• CUSMA or another trade agreement;
• employer-specific LMIA exemption;
• Rural Community Immigration Pilot;
• Francophone Community Immigration Pilot; or
• another Canadian work-permit category.

Step 7: Assess the Canadian employment market

Even though job offers no longer generate the old CRS bonus, Canadian employment can create access to:

• work authorization;
• Canadian Experience Class;
• provincial nomination;
• employer-driven immigration;
• community programs;
• Canadian work experience; and
• longer-term career stability in Canada.

Use the Immergity app to model your Canadian immigration options

One of the hardest parts of moving from the United States to Canada is that there is rarely only one immigration pathway.

Your:

• age;
• education;
• language scores;
• occupation;
• foreign work experience;
• Canadian work experience;
• family profile; and
• provincial opportunities

can produce very different outcomes.

The Immergity app is designed to help users assess Canadian immigration pathways and better understand how their profile affects their options.

Download Immergity on the App Store: Download the Immergity app for iPhone

For an H-1B holder or other U.S.-based foreign professional, this can be particularly useful before making a major decision such as:

• leaving a U.S. employer;
• accepting a Canadian job;
• investing time in French;
• pursuing a provincial nomination;
• relocating a spouse and children; or
• changing a long-term U.S. immigration plan.

The goal should be to compare the available Canadian pathways before committing to one.

Common mistakes H-1B holders make when considering Canada

The most common problems are often strategic assumptions rather than complicated legal issues.

• Assuming Canada's old special H-1B open work permit is still available.
• Assuming H-1B status itself creates Canadian eligibility.
• Assuming a Canadian job offer still gives 50 or 200 CRS points.
• Assuming a U.S. degree eliminates the need for an ECA.
• Assuming working in English eliminates the need for an approved language test.
• Assuming a high U.S. salary means a high CRS.
• Choosing a Canadian NOC from a job title instead of actual duties.
• Ignoring provincial programs because federal CRS appears low.
• Ignoring French as both a PR and work-permit strategy.
• Leaving a multinational employer before checking intra-company transfer possibilities.
• Limiting the Canadian job search only to Toronto or Vancouver.
• Assuming every spouse automatically qualifies for an open work permit.
• Relying on immigration articles written before major 2025–2026 program changes.
• Waiting until U.S. status becomes urgent before starting Canadian planning.

Is Canada easier than the United States for skilled immigrants?

That is not the most useful comparison.

The systems are structured differently.

The U.S. employment-based system places substantial importance on:

• employer sponsorship;
• nonimmigrant classification;
• petitions;
• visa issuance;
• employment-based immigrant categories;
• priority dates; and
• country-specific immigrant-visa backlogs.

Canada uses a wider combination of:

• human-capital scoring;
• language ability;
• occupation;
• provincial selection;
• Canadian work experience;
• employer-supported pathways; and
• direct permanent-residence programs.

For some H-1B professionals, Canada may offer a more direct route to permanent residence.

For others, Canadian language, age, CRS or employment requirements may create their own challenges.

The correct question is therefore:

“Which Canadian pathways do I qualify for now, and what would I need to change to create a stronger option?”

What the 2026 U.S. H-1B changes mean for Canadian immigration planning

The September 2026 U.S. proclamation should not be described as cancellation of every H-1B visa.

The actual measure is more specific.

The White House restricted entry of certain H-1B workers unless the relevant petition is accompanied or supplemented by a $100,000 payment, subject to national-interest exceptions. The proclamation took effect on September 21, 2026 and is scheduled to remain in effect for 12 months unless extended. The White House

For foreign professionals whose U.S. future depends on:

• continued employer sponsorship;
• international travel;
• future H-1B petitions;
• visa issuance;
• employer changes; or
• a long-term employment-based green-card process,

the development makes contingency planning more important.

That does not mean every H-1B worker should leave the United States.

It means a skilled worker should understand their Canadian options before circumstances remove the luxury of time.

How Immergity Immigration can help H-1B holders and U.S.-based professionals

Immergity Immigration Inc. assists skilled foreign professionals living in the United States with Canadian immigration planning.

A Canada-from-U.S. assessment can include:

• Express Entry eligibility;
• CRS analysis;
• Federal Skilled Worker eligibility;
• category-based selection;
• Provincial Nominee Programs;
• Ontario immigration options;
• NOC classification;
• Canadian work permits;
• intra-company transfers;
• Global Talent Stream;
• Francophone Mobility;
• Canadian employer strategy;
• spouse and family considerations; and
• sequencing temporary residence with permanent residence.

Where several immigration pathways are available, the objective should not be to submit the first application that appears possible.

The better approach is to identify the route that best aligns with:

• immigration stability;
• career;
• family;
• timing;
• location; and
• long-term permanent residence.

Book a consultation with Pranav Bhushan, RCIC R705848, Principal Consultant at Immergity Immigration Inc.

Frequently Asked Questions

Can I apply for Canadian permanent residence while on H-1B?

Yes.

H-1B status does not prevent you from applying for Canadian permanent residence if you independently qualify under a Canadian immigration program.

Do I need a Canadian employer to immigrate to Canada?

Not necessarily.

Express Entry can allow qualifying candidates to pursue Canadian permanent residence without first obtaining a Canadian job offer.

Other routes, including many work permits and employer-driven programs, do require Canadian employment.

Does holding H-1B status give me additional CRS points?

No.

Canada does not award CRS points simply because a candidate holds H-1B status.

Is Canada's special H-1B open work permit still available?

No.

The program reached its cap of 10,000 principal applicants in July 2023 and is closed to new H-1B applicants. Canada

Does a Canadian job offer give me additional CRS points?

Not currently.

Canada removed CRS job-offer points on March 25, 2025. Canada

Can my U.S. employer transfer me to Canada?

Potentially.

If the employer has an appropriate Canadian entity and the facts satisfy an available intra-company-transfer or other LMIA-exempt category, a Canadian employer-specific work permit may be possible.

Can an Indian H-1B holder qualify under CUSMA?

Not simply because they hold H-1B status.

CUSMA immigration provisions depend on qualifying U.S. or Mexican citizenship and the applicable category.

Can French help me even if I want to live in Toronto?

Yes.

French can affect Express Entry category selection and CRS, and Francophone Mobility can provide an LMIA-exempt employer-specific work-permit route for qualifying employment outside Quebec. Canada

Should I wait until my U.S. immigration status becomes uncertain?

Usually, immigration planning works better when you still have time.

Language testing, ECAs, document collection, employer discussions and provincial strategy can take months.

A Canadian plan is easier to build while your U.S. employment and status are still stable.

Official Sources

This article was prepared using primary U.S. and Canadian government sources.

United States

• White House — Restriction on Entry of Certain Nonimmigrant Workers, September 2026. The White House

Canada

• IRCC — Closed H-1B visa holder work permit. Canada
• IRCC — Federal Skilled Worker Program. Canada
• IRCC — Comprehensive Ranking System and removal of job-offer points. Canada
• IRCC — Express Entry category-based selection. Canada
• IRCC — Educational Credential Assessment. Canada
• IRCC — Canadian Experience Class. Canada
• IRCC — Global Skills Strategy. Canada
• IRCC — Francophone Mobility. Canada
• IRCC — Rural and Francophone Community Immigration Pilots. Canada
• IRCC — Atlantic Immigration Program. Canada
• IRCC — Start-Up Visa Program. Canada

Last reviewed: October 9, 2026

Disclaimer

This article provides general information and does not constitute legal advice.

Canadian and U.S. immigration rules can change, and eligibility depends on the facts existing at the relevant time, the governing legislation and regulations, current government instructions and the supporting evidence available.

A professional immigration assessment should consider the individual's nationality, immigration status, age, education, occupation, language ability, employment history, family circumstances and intended Canadian destination before a specific strategy is recommended.