Downtown Montreal - H-1b Lottery Alternative

As the dust settles on the H-1B lottery for 2024, many individuals and their sponsoring employers find themselves wrestling with the aftermath of uncertain outcomes. With low applicant selection rates year after year, the reality and indeed likelihood of not being selected weighs heavy, especially for those whose professional aspirations hinge on obtaining work authorization in the United States.

However, amidst disappointment, a beacon of hope exists north of the border in Canada.

As we navigate the post-lottery landscape, employers and individuals are encouraged to explore Canada’s diverse immigration pathways and consider the benefits of relocating northward. Canada offers a range of immigration options tailored to attracting foreign talent and providing viable alternatives to continue their careers and aspirations.


Key Canadian Immigration Opportunities for Individuals Denied H-1B Selection:

  • Global Talent Stream: Designed to expedite the processing of work permits for individuals with unique skills or in-demand occupations, this program offers an avenue for people seeking employment opportunities in Canada’s burgeoning industries.
  • International Free-Trade Agreements: Through various international trade agreements, individuals from select countries can obtain work permits under Canada’s International Mobility Program, opening doors to diverse employment prospects.
  • Start-Up Visa Program: Entrepreneurs with innovative business ideas and the backing of designated organizations can explore the Start-Up Visa Program, which offers a pathway to launch their ventures in Canada and contribute to its dynamic entrepreneurial ecosystem.
  • Provincial Nominee Program: Canadian provinces and territories actively nominate foreign workers based on specific labour market needs, presenting opportunities for individuals to secure permanent residency and establish roots in their chosen communities.


Intra-Company Transfers to Canada – H-1B Lottery Alternative

An employee transfer provides a straightforward path to work authorization for multinational companies with Canadian entities. If transferred employees decide they do not want to stay in Canada, transferee visas back to the United States become available to them after one year of Canadian work experience.

For employers, transferring their US-based employees to Canada provides a welcome and feasible alternative to H-1B. Beyond the benefits of practical work, employees enjoy living and working in a fantastic country with more supportive laws for foreign workers in the short and long term. For many employees, especially those of Chinese and Indian nationality, Canada offers a far more straightforward path toward permanent residence than the comparable Green Card process in the USA.

While the dream of working in the United States may be deferred, embracing opportunities in Canada can lead to new horizons and long-term prosperity. If you, or your company, are interested in finding a H-1B lottery alternative to keep your best talent doing their best work, please contact Green and Spiegel today to discuss how we can help support Canadian relocation.


  • Benjamin Green

    Benjamin Green is a Senior Associate at Green and Spiegel in Toronto and Philadelphia.

  • Madison Kelly

    Madison Kelly is an Associate at Green and Spiegel LLP in Toronto. Madison assists clients with all aspects of immigration law in Canada and the United States.

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