The $100,000 H-1B payment introduced by presidential proclamation in September 2025 is not being collected right now. A federal court vacated the policy in June 2026, and on September 18, 2026 the proclamation was extended to September 2027, so the fight is not over. H-1B workers who want certainty are looking at Canada. Through Express Entry they can apply for permanent residence from inside the US, without a lottery and without an employer sponsor.
This guide explains what the fee does, where the litigation stands, and which Canadian pathways fit which H-1B situations. For the full step-by-step process, see our H-1B to Canada PR guide. If you are just starting to research a move north, begin with our complete guide to moving to Canada from the USA.
What the September 2025 proclamation does
The proclamation (Proclamation 10973) placed a $100,000 payment condition on certain new H-1B petitions. As applied, it targeted beneficiaries entering from abroad. It did not target change-of-status or extension filings for people already inside the US in valid status.
- Likely affected: new H-1B petitions for workers outside the US who need a visa to enter.
- Generally not affected: H-1B extensions, amendments and change-of-status petitions for people already in the US.
- Still unsettled: some cap-exempt and consular-notification scenarios, which employer counsel continue to watch.
Why the uncertainty matters even if you are not directly affected
Most readers of this page already hold H-1B status and are not the people the fee targets. The pressure shows up elsewhere: employers become cautious about sponsoring, job changes that need a new petition get harder, and family members who might follow on H-4 face more hurdles. Each extension, appeal and new executive order resets the planning horizon. A Canadian PR application is one way to take back control of the timeline.
Canadian routes for H-1B workers
| Route | Who it fits | Needs a Canadian job offer? | Where you apply from |
| Express Entry (Federal Skilled Worker) | Skilled workers with 1+ year of continuous paid skilled experience, a language test and an ECA | No | From the US |
| Global Talent Stream work permit | Tech roles with a Canadian employer using the GTS LMIA | Yes | From the US |
| Intra-company transfer (ICT) | Employees of a multinational with a Canadian office | Transfer by your employer | From the US |
| CUSMA Professional work permit | US citizens only, in a listed profession | Yes | Port of entry or online |
| Provincial Nominee Program | Candidates a province wants, often with lower CRS | Depends on stream | From the US |
Express Entry: the main route
Express Entry ranks candidates with the Comprehensive Ranking System (CRS). Your US tech experience counts as foreign skilled work experience. A US degree counts once you have an Educational Credential Assessment. You also need approved language results. Native English speakers are not exempt, and our CLB conversion guide shows how raw scores turn into points. Run your numbers in our CRS calculator before you book anything.
Global Talent Stream: the fastest work permit
If a Canadian employer wants you for an eligible tech role, the Global Talent Stream gives the employer fast LMIA processing, followed by a quick work permit. Canadian work experience gained on that permit then strengthens a later PR application.
Intra-company transfer
If your US employer has a Canadian office, an intra-company transfer can move you north without an LMIA. This is often the least disruptive option for managers and specialized-knowledge staff at large employers.
CUSMA, but only if you are a US citizen
Many H-1B holders are not US citizens, so the CUSMA Professional work permit usually does not apply to them. It becomes relevant for US-citizen spouses, or for H-1B holders who have naturalised.
What happened to the 2023 H-1B open work permit?
In July 2023, Canada opened a one-time open work permit stream for H-1B holders under its Tech Talent Strategy. The 10,000-application cap filled almost immediately and the stream closed. It has not reopened. Canada’s 2025 federal budget announced an accelerated pathway for H-1B holders, but check IRCC for launch details before building a plan around it. We keep our 2023 Tech Talent Strategy post online for reference only.
Decision table: which Canadian route fits you
| Your situation | Start with |
| Strong CRS (high language scores, advanced degree), no Canadian offer | Express Entry from the US |
| Canadian tech employer interested in hiring you | Global Talent Stream, then Express Entry |
| Your employer has a Canadian entity | Intra-company transfer, then CEC/Express Entry |
| CRS below recent cut-offs | Provincial nominee programs, French, or a stronger language score |
| You or your spouse hold US citizenship | Add CUSMA to the options above |
Frequently asked questions
Do I have to pay the $100,000 H-1B fee right now?
As of 26 September 2026, collection is blocked because a federal court vacated the policy and the appeals court refused to reinstate it. The proclamation has been extended to September 2027, so confirm the current position with US immigration counsel before any filing.
Does the fee apply to H-1B extensions?
As applied, the fee targeted new petitions for beneficiaries outside the US. Extensions and change-of-status petitions for people already in the US were generally outside its scope.
Can I apply for Canadian PR while I am still on H-1B?
Yes. You can create an Express Entry profile, receive an invitation and file your PR application while living and working in the US.
Will Canada reopen the H-1B open work permit?
There is no confirmed reopening. Plan around the pathways that are open now, and treat any new H-1B-specific measure as a bonus.
Does my H-1B experience count for Express Entry?
Yes, if it was paid, skilled (TEER 0–3) and meets the hours requirement. See how IRCC counts work experience.
