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Canada Tech Talent Strategy 2026: HR Guide to the H-1B Open Work Permit Program


Paint-style illustration in muted purple and charcoal tones showing a map of Canada with a maple leaf, two passports, and a laptop connected by sweeping digital lines. The artwork symbolizes cross-border mobility and HR’s role in leveraging Canada’s Tech Talent Strategy 2026 for U.S.-based H-1B professionals.

Why this matters

In 2023, Canada launched a pilot program allowing U.S.-based H-1B visa holders to apply for an open work permit. It was a first-of-its-kind opportunity that offered flexibility and security to thousands of skilled workers. While the initial cap was reached in less than 48 hours, the government has signaled interest in relaunching or expanding the program in 2026 under its broader Canada Tech Talent Strategy 2026.


For HR teams in the U.S., this potential reopening is more than an immigration headline. The program gives companies an alternative to H-1B uncertainty, allowing them to retain top talent through relocation or remote work from Canada.



Common risks

  • Assuming eligibility extends to all visa holders. The 2023 program applied only to current H-1B holders, not to dependents (H-4), F-1 students, L-1 transferees, or other visa categories.

  • Treating it as a permanent relocation solution. The Canadian work permit is typically valid for up to three years, and a long-term plan such as permanent residency still needs to be mapped.

  • Overlooking cross-border employment laws. U.S. companies must still address tax and payroll implications when relocating an employee to Canada.



What you will get here

  • A breakdown of how the H-1B Open Work Permit works under the Canada Tech Talent Strategy 2026

  • Strategic ways HR can use it to retain or relocate key employees

  • Key action items to prepare ahead of a potential relaunch



How the Canada Tech Talent Strategy 2026 Impacts the H-1B Open Work Permit Program

The original program allowed 10,000 H-1B visa holders in the U.S. to apply for a three-year open work permit in Canada. Unlike employer-tied work visas, this permit gave holders the freedom to work for any employer, switch jobs, or even pursue self-employment.

Dependents, including spouses and children, were eligible for accompanying open work or study permits, making it an attractive relocation option for families.

Applications were filed online through IRCC (Immigration, Refugees and Citizenship Canada) and processed in a matter of weeks.



Potential Expansion in 2026

While details are not confirmed, the Canadian government has hinted that the Canada Tech Talent Strategy 2026 could expand eligibility to include additional categories of U.S.-based foreign nationals. These could include:

  • H-4 dependents of H-1B holders

  • F-1 students currently in STEM OPT phases

  • L-1 intracompany transferees seeking regional mobility within North America

  • TN visa holders under the USMCA framework

If these categories are added, it would significantly widen the pool of eligible professionals and provide U.S. employers even more flexibility in retaining global talent.




What HR Teams Should Do Now


1. Identify employees who could qualify

Run a quick report of employees currently on active H-1B visas in the U.S. and flag those:

  • Whose extensions are nearing max-out limits (six years total)

  • Who may be impacted by layoffs or organizational shifts

  • Who are exploring family-friendly relocation options

At the same time, track employees on H-4, F-1 OPT, or L-1 status as potential candidates for a future expansion. Even if they were not eligible in 2023, they could qualify under a broader 2026 framework.


2. Build a Canada retention strategy

Even if your company is not planning a physical Canadian office, a cross-border employment model is possible. You can partner with a Canadian PEO or EOR (Employer of Record) to manage compliance, payroll, and taxes.


3. Coordinate early with Finance and Legal

If Canada relaunches the program, speed will matter. The 2023 window closed in two days. HR should align with:

  • Finance: to confirm cost models for relocation and tax compliance

  • Legal: to assess employment classification and immigration strategy


4. Keep communication open with impacted employees

If you have employees who are stressed about their H-1B renewal, proactively flag this potential option. Even if the final details differ, it shows foresight and support, which goes a long way in retention.




Looking Ahead

While Canada has not formally announced a 2026 relaunch, its broader Tech Talent Strategy and continued global skills push suggest it is likely. For HR teams, the lesson is clear: have your roster, relocation model, and communication plan ready.

Immigration is not only about reacting to deadlines. It is about anticipating opportunities that help your company and your people stay secure.


Next steps for HR:

  • Audit your H-1B population for at-risk cases.

  • Track employees on H-4, F-1 OPT, or L-1 status who may benefit from future expansions.

  • Establish a Canada employment framework (direct hire or EOR).

  • Prepare an internal communication plan for impacted employees.


By planning now, you position your company to move quickly when the program reopens and turn immigration uncertainty into a retention advantage.

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