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Canada Startup Visa for H1B Visa Holders

We love the United States – all sorts of climates, great shopping, entertainment, sports, and money-making opportunities. But it can be frustrating if you’re stuck in a never-ending queue to obtain your green card and you’ve already spent years working under the H1B visa program. 


Newsflash: By now you could have already had your Canadian citizenship and passport if you’d spent half of that time here in Canada – We’re not exaggerating. It’s never too late, and the bonus part is that after you become a Canadian citizen, there’s no obligation to stay here. You can return to the U.S. or your home country. In this article, we’re covering your options under the Canadian Startup Visa program for applicants who are applying from the U.S. as H1B visa holders. 


At INGWE we are EXPERTS in the Canada Startup Visa. We will guide and support you throughout the endorsement letter or Letter of Support process and the entire immigration process including work visas and permanent residencies. Get a FREE email assessment, click here.


Canada Startup Visa Overview

The Startup Visa (SUV) program in Canada is one of the most popular programs for Canadian business immigration. In a nutshell, you can be a solo founder or co-founder in a group of up to 5 members. Not all of the members need to be immigrating to Canada, but the ones who do apply for immigration need to control the company voting shares on a combined level and meet basic immigration eligibility criteria for Canada. After you obtain your letter of support from a designated incubator, venture capital and/or angel investor, you’re good to go. You can now start working on a permanent residency application and optional work permit to enter anywhere in Canada except Quebec. You can read more about Startup Visa eligibility on our blog. 


We’ve received numerous questions and requests from H1B visa holders in the United States about coming to Canada and applying under the Startup Visa (SUV) program. People want to know how they can maintain their status in the U.S. for immigration purposes while their PR is under process in Canada. It’s tricky but not impossible. There are several options available. 


At INGWE we are EXPERTS in the Canada Startup Visa. We will guide and support you throughout the endorsement letter or Letter of Support process and the entire immigration process including work visas and permanent residencies. Get a FREE email assessment, click here.



Option 1: Stay and Apply for the Canada Startup Visa

You can maintain your temporary immigration status while still working for your U.S. employer and apply remotely to the SUV program in Canada.


While you’re in the U.S. under the H1B visa, you can’t technically receive compensation from any other for-profit company, even if you own it. The trick with the Canadian Startup Visa program is to apply for your Canadian PR from outside the country and have other shareholders run and make decisions for the Canadian Startup business.  The other shareholders could be friends or family members who hold less than 50% of the business. They don’t have to be immigrating to Canada. They can run the business and you can finance the whole operations WITHOUT being involved in any decision making – until you decide to leave the USA. This is perfectly fine for Canada if you have a clear roadmap and proper documentation that meets the IRCC requirements. 


On the other hand, there are no Canadian restrictions for applicants under the Startup Visa program to be working in the U.S. under an employer program such as H1B. Canadian immigration is much more flexible than the U.S. believe it or not! 


At INGWE we are EXPERTS in the Canada Startup Visa. We will guide and support you throughout the endorsement letter or Letter of Support process and the entire immigration process including work visas and permanent residencies. Get a FREE email assessment, click here.


Option 2: Move and Apply for the Canada Startup Visa

You can apply under the Canadian SUV program and move over with a work permit as soon as possible. You could either work remotely for your American employer from Canada or leave and work on your own Startup business full-time in Canada.


You can technically be inside Canada and work remotely for ANY overseas employer if you are not participating and getting paid in the local labour market inside Canada. 


Under the Startup Visa program, you have the option to apply for a work permit as soon as you and any other co-founders have submitted your applications for Canadian Permanent Residency (post-Letter of Support), even if you don’t have the temporary file number yet. Technically you could be inside Canada on a work permit in a few months after you have your Letter of Support and post-PR application, as processing times for work permits are fast from the Canadian visa processing centres in the United States. 


With both options, you can choose to stay outside of Canada until your permanent residency is processed; there’s no obligation to enter Canada. However, based on our experience of consulting and guiding over 100 Startup Visa groups to Canada, the IRCC (Canadian immigration department) likes and expects someone from your Startup group to enter Canada and do a setup and business progress - even if it’s half here and half overseas - just a piece of advice to consider.


At INGWE we are EXPERTS in the Canada Startup Visa. We will guide and support you throughout the endorsement letter or Letter of Support process and the entire immigration process including work visas and permanent residencies. Get a FREE email assessment, click here.



Key Features to Consider for your Canada Startup Visa application. 

Canadian immigration under this program allows your spouse/common-law and dependent children to join you in Canada with a work permit and/or study permit if you plan to enter Canada first before your PR is approved. They will also receive their PR at the same time you do. There is no obligation for them to join you in Canada in case they want to stay in another country while you’re in Canada on a work permit, until the final PR is issued in which case they do need to go through their Canadian ‘landing process’. 


* Dependent children can study for free in public elementary and secondary school in Canada under your work permit.

* Dependent children who want to study in college or university can also opt for domestic tuition at participating universities and colleges if you have a closed work permit in Canada.

* Your spouse or common-law partner’s open work permit allows them to work or study or not study or work at all – it’s fully flexible.

If you are trying to make up your mind about applying to the Canada Startup Visa Program, look no further. That’s our specialty here at INGWE Canada. We will guide and support you throughout the endorsement letter or Letter of Support process and the entire immigration process including work visas and permanent residencies. Get a FREE email assessment, click here.


Questions to Answer Before Applying for the Canada Startup Visa

As an H1B visa holder, here are key questions to answer before you apply for the SUV program: 


* Do you want to maintain your work and visa status in the U.S. while applying for your Canadian PR processing?

* Do you want to break rank and move to Canada asap? 

* Is your family going to join you in Canada before the PR is issued or wait until the end?

* Do you have enough funds to apply for the work permit under the Startup Visa, as it has different requirements than the PR minimum settlement funds? 

* Do you have enough funds to apply under the Startup Visa program?

 Unfortunately, it’s a “pay to play” process, and you need to budget for the incubator or designated organization cohort program fees which are not that cheap, the government fees, your investment and settlement funds availability, and any consulting fees in case you hire a company or person to assist you from A to Z in this whole process.

* Are you planning for the correct timeline? 

Processing times for the Startup Visa program processing are 18-20 months for the final PR after application, and 2-4 months for the work permit after the Letter of Support – if you meet the eligibility requirements of the program.

* Do you have proof of language ability? 

No matter where you are born, and in what language you have studied, or whether you’ve worked for over 10 years in an English-speaking country, you still need to provide proof of language ability under the Canadian Startup Visa program. This is only a requirement for the main applicant, your spouse and children are exempt.


If you are trying to make up your mind about applying to the Canada Startup Visa Program, look no further. That’s our specialty here at INGWE Canada. We will guide and support you throughout the endorsement letter or Letter of Support process and the entire immigration process including work visas and permanent residencies. Get a FREE email assessment, click here.



Conclusion 

This is a high-level overview of what to expect and how to plan your Startup Visa application from the United States. In addition to knowledgeable guidance, Ingwe also has a wide network of incubators and venture capital organizations ready to consider you as their next Startup business prospects! Don’t get stuck with just one option for your Letter of Support!


If you’re thinking about immigrating whether permanently or temporarily - you’re at the right place! We just don’t offer immigration, but we offer solutions. We’ll lay out the entire process for you – including all the risks and costs.  You’re in full control of which program you choose for your immigration – we give you all the options you are eligible for and then you decide. Reach out today and get started on your successful immigration journey!


Get a FREE email assessment

If you’re thinking about immigrating whether permanently or temporarily - you’re at the right place! Our team speaks over +9 languages, and we help applicants from over 50 different countries during their immigration process. Get a free email assessment, click here.       

If you’re ready to apply and would like a 1-on-1 session with one of our immigration team members at INGWE, you can also book a session directly using this consultation link.

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