The New U.S. H1-B Fees: A Potential Opportunity For Canadian Business Immigration

With the new $100,000 H1B fee, many U.S. employers are rethinking global hiring.

Canada's ICT program offers a cost-effective alternative, and our team can help you make the move.

The recent decision by the U.S. government to impose a $100,000 USD fee on new H1-B visa petitions has created challenges for American employers. For years, the H1-B program has been a critical pathway for U.S. companies to attract top international talent. With this sudden and onerous cost, many organizations may find the program unsustainable.

But with challenge comes opportunity. For employers looking to access global talent without prohibitive costs, Canada presents a compelling alternative.

Why Canada?

Canada's Intra-Company Transferee (ICT) Work Permit program offers a streamlined pathway for multinational companies to relocate key employees to Canada. Unlike the H1-B system, Canada does not impose a hard cap on the number of ICT permits issued each year, thereby removing one of the biggest barriers U.S. employers face.

Key benefits include:

• No LMIA requirement – Employers are not required to prove that no Canadian worker is available before transferring talent.
• Time-zone advantages – Having workers based in Canada allows seamless collaboration with U.S. teams, avoiding the logistical challenges of working across distant time zones such as India, China, or the Philippines.
• Access to key roles – The program is designed for executives, senior managers, and specialized knowledge workers – the exact types of employees multinational companies often need to move quickly.

Recent Changes to the ICT Program

In October 2024, Immigration, Refugees and Citizenship Canada (IRCC) introduced updates to the ICT program. Canadian entities sponsoring workers must now demonstrate that they are established multinationals with ongoing, revenue-generating operations in at least two countries.

While this creates stricter eligibility criteria, it aligns perfectly with the types of employers most likely to be affected by the new U.S. H1-B fee: large, sophisticated companies with cross-border operations.

What This Means for U.S. Employers

For businesses struggling with the rising costs and limitations of the U.S. immigration system, establishing or expanding a Canadian branch may be a strategic solution. Not only can this reduce the financial burden associated with the H1-B, but it also ensures companies can continue attracting and retaining global talent.

With no annual cap and more flexible requirements, Canada's ICT pathway could become the go-to alternative for U.S. employers in the wake of the new H1-B fees.