Canadian citizens can work in the United States on an H-1B visa when a U.S. employer sponsors them for a role that requires at least a bachelor’s degree in a related field. The initial approval lasts up to three years, extendable to six, with further extensions available if a green card application is underway. Canadians get one meaningful shortcut that other nationalities don’t: no consular interview and no visa stamp. Once the petition is approved, you present your passport and approval notice at a U.S. port of entry and are admitted on the spot. The harder parts are the annual lottery, the employer fees, and a September 2025 presidential proclamation that adds a $100,000 payment to certain new petitions filed for workers abroad.
H-1B or TN: Which One Fits
Because Canadians also qualify for TN status under the United States-Mexico-Canada Agreement, the comparison matters before you commit to H-1B. TN is faster, cheaper, uncapped, and you can apply at the border. The trade-offs are real. TN is limited to roughly 60 listed professions, and it does not officially permit dual intent, so pursuing a green card while on TN is a problem.
H-1B covers any specialty occupation, a much broader category than the TN list, and it explicitly allows dual intent. You can have an active green card application without putting your nonimmigrant status at risk.1U.S. Citizenship and Immigration Services. H-1B Specialty Occupations That’s the main reason Canadians who intend to stay long-term choose H-1B even when TN would work. The costs are higher, selection isn’t guaranteed, and the maximum stay is six years unless a green card process unlocks an extension.
Who Qualifies
The position must qualify as a specialty occupation, meaning it normally requires at least a U.S. bachelor’s degree or the equivalent in a directly related field.1U.S. Citizenship and Immigration Services. H-1B Specialty Occupations Engineering, computer science, finance, architecture, and the physical sciences are common examples, but there is no fixed list. What matters is whether the role genuinely requires degree-level specialized knowledge.
You need the degree yourself, or equivalent credentials. Canadian degrees are recognized directly. If your education came from somewhere else, expect to arrange a formal credential evaluation. Applicants without a four-year degree can sometimes substitute three years of progressive specialty experience for each missing year of education, though adjudicators scrutinize that path closely.
Your employer must commit to paying at least the prevailing wage for the occupation in the location where you’ll work, drawn from Department of Labor data.2U.S. Department of Labor. Prevailing Wage Information and Resources The rule exists so H-1B hiring doesn’t undercut local pay.
The Annual Cap and Lottery
Federal law caps new H-1B approvals at 65,000 per fiscal year in the general category, with another 20,000 reserved for applicants holding a U.S. master’s degree or higher.3U.S. Citizenship and Immigration Services. H-1B Cap Season Demand routinely exceeds those numbers, so USCIS runs a lottery to decide which employers can file full petitions.
It starts with electronic registration. For the FY 2027 cycle, covering jobs starting around October 1, 2026, the window opened at noon Eastern on March 4 and closed at noon Eastern on March 19, 2026.4U.S. Citizenship and Immigration Services. FY 2027 H-1B Cap Initial Registration Period Opens on March 4 Your employer pays a non-refundable $215 registration fee for each person submitted. When registrations exceed projected need, USCIS runs a weighted random selection.3U.S. Citizenship and Immigration Services. H-1B Cap Season Selected employers get a filing window to submit the full I-129 package. Unselected registrations stay pending, and USCIS may run additional selections later if too few petitions come in from the first round.
Cap-Exempt Employers
Not every H-1B goes through the lottery. Institutions of higher education, nonprofit organizations affiliated with a university, nonprofit research organizations, and governmental research organizations are exempt from the annual cap entirely.1U.S. Citizenship and Immigration Services. H-1B Specialty Occupations If your offer is from a university, teaching hospital, or federal research lab, the petition can be filed any time of year. Same eligibility rules, no lottery. In competitive years the selection rate drops well below 50%, so a cap-exempt offer removes a major source of uncertainty.
Fees and the $100,000 Proclamation
The employer pays almost every cost. Beyond the base I-129 filing fee, mandatory add-ons include:
- ACWIA training fee of $750 for employers with 25 or fewer full-time employees, $1,500 for larger employers, with qualifying nonprofits exempt.
- Fraud Prevention and Detection fee of $500, regardless of employer size.
- Asylum Program fee of $300 for small employers or $600 for larger ones, with nonprofits exempt.5U.S. Citizenship and Immigration Services. H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker
- Optional premium processing at $2,965 to expedite adjudication.6U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees
At a mid-size employer, a single petition can run over $5,000. The ACWIA and Fraud Prevention fees are legally the employer’s responsibility and cannot be shifted to you. Premium processing arrangements vary.
The bigger recent change is the September 2025 presidential proclamation. Petitions for H-1B workers currently outside the United States must be accompanied by a $100,000 payment, or the Department of Homeland Security will restrict processing.7The White House. Restriction on Entry of Certain Nonimmigrant Workers The proclamation is set to expire 12 months after its September 21, 2025 effective date, though it can be extended. The Secretary of Homeland Security can waive the payment for individual workers, companies, or entire industries when H-1B hiring serves the national interest, and the scope of those waivers is still evolving.
For Canadians, location at the time of filing is the key question. If you’re already in the United States on another status such as TN and your employer files a domestic change of status, the proclamation may not apply because you aren’t entering from abroad. If you’re applying from Canada, you are within its scope. Employers should confirm current DHS guidance before filing.
What Gets Filed
Your employer files a Labor Condition Application (Form ETA-9035) with the Department of Labor first, attesting to the prevailing wage and working conditions.8U.S. Department of Labor. H-1B Program9U.S. Department of Labor. Labor Condition Application for H-1B, H-1B1 and E-3 Nonimmigrant Workers Form ETA-9035CP After the LCA is certified, the employer files Form I-129 with USCIS.10U.S. Citizenship and Immigration Services. I-129, Petition for a Nonimmigrant Worker The I-129 specifies the job title, work location, salary, and detailed duties showing the role meets the specialty occupation standard. Vague job descriptions invite Requests for Evidence, which add months.
You’ll supply a valid Canadian passport, official transcripts and diploma, your resume, and, if your degree was earned outside the U.S. or Canada, a credential evaluation from a recognized agency. Professional licenses, published work, and letters from prior employers describing your specialized experience strengthen the file.
Entering at the Border
Canadian citizens are exempt from the visa stamp requirement for most nonimmigrant categories.11U.S. Department of State. 9 FAM 201.1 – Nonimmigrant Travel Without a Visa Once your I-129 is approved, you travel to a U.S. port of entry or a preclearance station at a Canadian airport with your original I-797 Approval Notice and your passport. A Customs and Border Protection officer reviews the documents, confirms the employment details, and admits you for the period authorized on the petition.
The officer creates an electronic I-94 record, which is your official proof of lawful status and work authorization.12U.S. Customs and Border Protection. I-94/I-95 Website Check it online right after entry. Wrong admission dates, classification codes, or authorized-stay dates happen more often than you’d expect, and fixing them at the port is much easier than months later.
How Long You Can Stay
The initial H-1B lasts up to three years. Your employer can file for a three-year extension for a total of six.13U.S. Citizenship and Immigration Services. FAQs for Individuals in H-1B Nonimmigrant Status After six years, you generally must spend at least a year outside the U.S. before starting a new H-1B, unless a pending green card creates an exception.
Because H-1B permits dual intent, you can pursue a green card without jeopardizing your status. Filing PERM labor certification or an I-140 doesn’t affect your ability to extend. Under the American Competitiveness in the 21st Century Act, if at least 365 days have passed since your employer filed a PERM application or an I-140, you can receive one-year H-1B extensions past the six-year cap. With an approved I-140 but no available green card number, you can keep extending until a decision issues on your adjustment of status.
Canadians usually face shorter green card timelines than nationals of India or China because Canada isn’t affected by the same per-country backlogs in employment-based categories. Many Canadian H-1B holders finish the process well within the initial six years. The AC21 extension is a backstop if things run long.
Bringing Your Family
Your spouse and unmarried children under 21 can join you in H-4 dependent status.14U.S. Citizenship and Immigration Services. Employment Authorization for Certain H-4 Dependent Spouses Canadian dependents are also visa-exempt and enter at the border. They’ll need their Canadian passport, proof of the family relationship such as a marriage certificate or birth certificate, and a copy of your I-797 Approval Notice.
H-4 dependents cannot work by default. Your spouse can apply for an Employment Authorization Document (Form I-765) if you are the beneficiary of an approved I-140, or if you’ve received H-1B extensions under the AC21 provisions past six years.14U.S. Citizenship and Immigration Services. Employment Authorization for Certain H-4 Dependent Spouses Once the EAD is approved, your spouse can work in any occupation for any employer. Without it, an H-4 spouse cannot get a Social Security number. Children can attend school at any level but cannot work, and lose H-4 status when they turn 21 or marry.
If You Lose Your Job
Losing your H-1B job doesn’t force immediate departure. Federal regulations grant a grace period of up to 60 consecutive days after employment ends, during which you and your H-4 dependents keep valid status.15eCFR. 8 CFR 214.1 – Period of Stay You can’t work during that window, but you can use it to line up a new sponsor.
If a new employer files an H-1B transfer petition before your authorized stay expires, you can start working as soon as USCIS receives the filing. You don’t have to wait for approval.16U.S. Department of Labor. Fact Sheet 62W – What is Portability and to Whom Does It Apply Transfer petitions skip the cap lottery because you already hold H-1B status. If the transfer is ultimately denied, you must stop working immediately. DHS can also shorten or eliminate the 60-day period at its discretion, and you only get one per authorized validity period, so lining up a new petition before you leave a current job is safer when possible.