Canada: Not lucky in H-1B lottery? Canada may welcome you

Canada: Not lucky in H-1B lottery? Canada may welcome you



For many Indian students in the US who are currently on the optional practical training (OPT) period after completing their courses, the H-1B visa lottery earlier this year resulted in disappointment. Some students, who are approaching the end of their OPT, may now be considering the possibility of leaving the US as their visa status is about to expire. Canada has emerged as a potential alternative for these students, offering opportunities for work and the chance to obtain permanent residency (PR) status.
“We see a significant opportunity here to address the current uncertainty in the USA. For Indian students who have completed their studies in the US but are unable to secure an H-1B visa, moving to Canada and obtaining permanent residency could be a viable option,” explains Kohinoor Dev Roy, a regulated Canadian immigration consultant (RCIC) at Destination North Immigration Consulting based in Edmonton.
There are various pathways that Indian students currently in the US can explore to potentially move to Canada. One option is to complete at least one year of post-secondary education in Canada, which makes them eligible for PR through the Canadian Experience Class (CEC). Alternatively, they may be eligible for PR through the Federal Skilled Worker Program (FSWP) or the Provincial Nominee Program (PNP) if they meet the required education and work experience criteria. For PR through the CEC, Indian students must have at least one year of skilled work experience in Canada. “Work experience in the US may also be considered under certain circumstances. For the FSWP and PNP, Indian students must have work experience in a skilled occupation that is in demand in Canada,” Dev Roy explains.
There are also expedited options available. “If an Indian student working on their OPT in the US has a job offer from a Canadian employer, they can apply for a temporary work permit in Canada. After gaining the necessary work experience, they can then secure an invitation to apply (ITA) for PR. Another option is exploring intra-company transfers, where qualified employees can be temporarily transferred to Canada to enhance management effectiveness, expand Canadian exports, and improve competitiveness in overseas markets,” says Harpreet Kaur, team lead at SPS Canada Inc, an immigration consultancy firm in Toronto.
Several Canadian provinces have tech pilot immigration programs, with some prioritizing healthcare workers. Therefore, candidates can search for eligible occupations in demand in different provinces.
In many cases, it is possible for Indian students to transition directly from the US to Canada to apply for PR without needing to return to India first. “It could be possible to move to Canada directly after completing OPT in the United States without returning to India first. However, it is important to ensure they have the necessary documentation and meet the eligibility requirements,” advises Kaur.
The timeline for obtaining PR in Canada can vary depending on the specific immigration program and individual circumstances. “Processing times are generally faster for the CEC, with applicants potentially receiving PR within six months of submitting their application. However, processing times for the FSWP and PNP may take longer,” says Dev Roy. Depending on the chosen pathway and the Comprehensive Ranking System (CRS) score, it can take a minimum of one to two years.
Pathways of moving to Canada from the US for Indian students on optional practical training
Source: SPS Canada Inc

  • Some students are eligible to create their express entry profiles for Canada and qualify under federal skilled worker programme
  • They can also go to Canada on a student visa to join another course and later go for post-graduation work permit (PGWP) and subsequently apply for PR on completing the required work experience
  • Global Talent Stream is another option that Indians who have not been lucky in the US H-1B lottery can opt for. The GTS Canada is a part of the temporary foreign worker programme (TFWP), which allows Canadian employers to hire foreign workers to fill temporary labour and skill shortages through work permits. Launched in 2017, GTS aims to provide a faster and more efficient process for companies to bring in global highly skilled talent. This programme offers several benefits to both employers and foreign workers, including expedited processing times, work permit exemptions, and access to a dedicated service channel
  • Indian students planning to move to Canada must be proficient in either English or French and must take a language proficiency test, such as the IELTS or CELPIP, to demonstrate their language skills
  • They must also meet other requirements, such as health and security checks, and must demonstrate that they have sufficient funds to support themselves and their dependents





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