Many U.S. citizens are drawn towards working in Canada, a neighbouring country with numerous job opportunities. Some Americans are also planning to move to Canada because of the evolving geopolitical situation in their country. Others find Canada safer than the US.
Whatever the reason may be, there’s no doubt that Canada is an ideal destination for work or settling permanently. Thanks to its beautiful landscapes, natural parks, welcoming atmosphere and liberal policies. The first step towards planning the ‘big move’ is usually getting a work permit, which can lead to later permanent residency pathways.
Canada offers several pathways for US citizens to obtain a work permit. Some of these are mentioned below:
1. Temporary Foreign Worker Program (TFWP) – LMIA
The temporary foreign worker program enables Canadian employers to hire foreign workers temporarily to fill the labour shortage. This programme is operated by Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development (ESDC).
One critical characteristic of this program is obtaining a Labour Market Impact Assessment (LMIA). This document proves that a local worker couldn’t fill the vacancy, leading to hiring a foreign worker. Once an employer issues a positive LMIA, along with their employment contract, applicants can apply for a work permit.
High-Wage and Low-Wage Stream
Employers looking to hire a temporary foreign worker with a wage at or above the provincial or territorial median hourly rate must apply through the TFWP’s high-wage stream. Employers who want to hire temporary foreign workers with a wage less than the median hourly wage of the province or territory must apply through the low-wage stream.
Wage Threshold Increase and Change in Attestations
IRCC has also increased the wage threshold to determine the high-wage or low-wage stream by 20% starting November 8, 2024. Moreover, beginning October 28, 2024, employers will no longer be permitted to use attestations from lawyers or chartered professional accountants as proof of their business legitimacy.
Employer Compliance
Employers who hire a temporary foreign worker are required to follow specific rules. Some of these include continuing to operate the business for which the foreign worker was hired. They should adhere to all applicable labour and employment laws. They should employ the worker in the specified role outlined in the job offer, maintaining the same position and duties. Any changes to the job require approval through a new application, etc.
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2. International Mobility Program (IMP)
The International Mobility Program enables Canadian employers to hire foreign workers on a Canada work permit without a Labour Market Impact Assessment (LMIA).
1. Canada-United States-Mexico Agreement (CUSMA)
If you’re a US citizen considering working in Canada, the Canada-United States-Mexico Agreement (CUSMA) could be an excellent option. This agreement allows certain skilled business professionals to enter Canada, the US, and MeUSco faster.
One advantage of CUSMA is that your employer won’t need to obtain a Labour Market Impact Assessment (LMIA) before you move to Canada. It’s also pertinent to mention that only citizens of the U.S. USMUSo can apply under CUSMA.
Under this trade agreement, US citizens can work in Canada under four categories: business visitors, traders, professionals, and intra-company transfer (ICT) visas.
Everything About CUSMA Work Permit (NAFTA 2.0)
2. Open Work Permit
- You can apply for an open work permit if you are an international student who graduated from a designated learning institution and are eligible for a post-graduation work permit program.
- You can also apply for an open work permit if you are an international student’s spouse or common-law partner.
- You can also apply for an open work permit in Canada in several other situations.
- When hiring a temporary worker with an open work permit, there is no need to submit an offer of employment form or pay the employer compliance fee.
- An open work permit grants the holder the flexibility to work for any employer in Canada.
3. Intra-Company Transfer (ICT)
Canada’s International Mobility Program includes provisions allowing high-skilled foreign nationals to work temporarily in Canada as intra-company transferees through ICT Work Permit. Employees of multinational companies based outside Canada may qualify for an LMIA-exempt work permit to transfer to a Canadian branch or office. This intra-company transferee policy applies universally to all countries.
4. French-Speaking or Bilingual Workers
Canadian employers can hire bilingual foreign workers who speak French without needing an LMIA. The foreign worker must live and work outside Quebec to be eligible for a work permit under this program.
5. Hiring a Worker under the Innovation Stream
As an employer participating in the Global Hypergrowth Project (GHP), you can hire a foreign worker without requiring an LMIA, provided the job meets the following criteria:
- It falls under National Occupational Classification (NOC) TEER categories 0, 1, 2, or 3 (high-skilled roles).
- The offered wage meets the required wage assessment for the position.
6. H1B Visa Holders
The Canadian government allows people living in the US on H-1B visas to apply for an open work permit for up to 3 years. They could also invite their family members, including spouses, common-law partners or children, as visitors, students or workers.
However, H1B Visa Holders can no longer apply for a work permit through this pathway as IRCC received a maximum of 10,000 applications cap for this initiative last year. Family members of H1B visa applicants who had already applied earlier can apply to study, work or visit Canada.
7. Hiring an Overnight Camp Counsellor
Overnight camp counsellors are employed at camps where campers and counsellors stay overnight for extended periods beyond a weekend. If you hire a seasonal overnight camp counsellor (June to September), you are exempt from requiring a Labour Market Impact Assessment (LMIA) under exemption code C24. However, an LMIA is required if the seasonal role transitions into a full-year position.
How Canadian Work Permit Leads to PR?
After obtaining these work permits and gaining Canadian work experience for a year, you can apply for permanent residency through several programmes. These include Express Entry, Provincial Nominee Program, Business immigration, etc.
Most immigration applications are processed through the Express Entry program, which is meant for skilled workers. The applications are processed within six months, making this program one of the fastest immigration programs.
Three programs fall under Express Entry, including the Canadian Experience Class, Federal Skilled Worker Program and Federal Skilled Trades Program.
Canadian Experience Class (CEC)
This program is specifically for individuals who have already gained work experience in Canada. You may qualify if you’ve worked in Canada for at least one year in a skilled job (NOC TEER 0, 1, 2, or 3).
Federal Skilled Worker Program (FSWP)
This program is for skilled workers with foreign work experience who meet language, education, and other eligibility requirements. While Canadian work experience is not mandatory, it can boost your application.
Federal Skilled Trades Program (FSTP)
If you’re a qualified tradesperson (e.g., electrician, plumber, or welder) with work experience in a skilled trade, this program could be your pathway to PR.
Bringing Family Along from Canada
If you receive a valid job offer from a Canadian employer and apply for a work permit, your spouse and dependent children may also be eligible to accompany you to Canada. They could qualify to live, work, or study. Your spouse might be eligible for an open work permit.
Extending or Renewing Work Permit
If your work permit is going to expire or you need to change it, you should apply to renew it or change its conditions through IRCC’s portal. Submitting your application at least 30 days before your current permit expires is recommended. The processing time for the application is 167 days.
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Canada is a multi-cultural country offering several job opportunities and growth for everyone. If you’re planning to take the giant leap, now is the right time to do so, considering the evolving political and social environment in the US. However, you must consult an expert before you start your immigration journey to get the best guidance and experience.
At Elaar Immigration, we are committed to helping our clients navigate the complexities of immigration policies.
