Canada: employer-specific and open permits
Canadian work permits are broadly either employer-specific (tied to one employer, role and often location) or open, which allows you to work for most employers. Open permits are typically tied to a status such as a post-graduation permit or being the spouse of certain workers or students.
Employer-specific permits often require a Labour Market Impact Assessment confirming the hire is justified, unless an exemption applies. Many hires proceed under exemptions — intra-company transfers, trade-agreement categories, and certain specialized roles — which is usually faster.
The United States: categories and caps
US work authorization runs through specific visa categories tied to the type of role and employer relationship — specialty occupations, intra-company transfers, treaty-based categories for certain nationalities, and others. Nearly all are employer-sponsored.
Several categories are subject to annual caps or lotteries, which means timing and having an alternative category matter enormously. Build long lead times into hiring plans and do not commit to a start date before the route is confirmed.
From work to permanent residence
Canadian work experience feeds directly into economic immigration: it improves Express Entry rankings and supports provincial nomination applications, making the work-to-permanent-residence pathway relatively well-defined.
In the US, moving from temporary work status to permanent residence generally requires an employer-sponsored petition, and category backlogs can mean long waits depending on your country of origin. Plan the permanent route while the temporary status is still comfortably valid.
Compliance obligations
Workers must stay within the terms of their status — employer, role, location, and expiry. Changing employers on an employer-specific permit generally requires a new authorization first, not after the fact.
Employers carry their own obligations on wages, working conditions, recordkeeping and inspections. Non-compliance can bring penalties and, in serious cases, loss of the ability to hire foreign workers at all.
Frequently asked questions
- Can I change employers on a work permit?
- On an employer-specific Canadian permit, generally not without new authorization. Open permits allow it. US categories are usually employer-tied and require a new petition.
- What is an LMIA and do we always need one?
- It is a Canadian assessment confirming a foreign hire is justified. Many hires are exempt — including certain intra-company transfers and trade-agreement categories — and exempt routes are usually faster.
- Why are US work visas so hard to get?
- Several categories are capped or allocated by lottery, so demand exceeds supply. That makes timing, category selection, and backup options critical.
- Can my spouse work if I have a work permit?
- Sometimes. Spousal work authorization exists in defined circumstances in both countries, with conditions that change. Check current rules for your specific category.
- What happens if I work without authorization?
- It can lead to removal, bars on future applications, and penalties for the employer. It is one of the most damaging mistakes in immigration.
This guide is general information, not legal advice. Laws, costs, and procedures vary by state, province, and your specific situation — speak with a qualified work permit lawyer about your circumstances before acting.