US employers that hire international workers are increasingly considering Canada, especially when facing the unpredictable H-1B visa process. While Canada seems like the next logical step, what happens when an employee actually gets selected for the H-1B visa, whether it’s a subsequent year’s H-1B lottery or the second or third lottery drawing in a given year?

Companies, understandably, often decide to move forward with the H-1B visa, as that allows them to keep the individual working within the US. But what happens next? Obtaining an H-1B is the start of a longer immigration journey, especially for Indian and Chinese nationals, which means it’s a great idea to keep remote work in Canada open as another option.

Here’s why.

Understanding the H-1B Lottery

What is the H-1B Lottery?

The H-1B lottery is a crucial part of the United States Citizenship and Immigration Services (USCIS) process for selecting foreign workers to meet the annual H-1B visa cap. Each fiscal year, the H-1B cap is set at 65,000 visas, with an additional 20,000 visas available for individuals holding advanced degrees from U.S. institutions. Given the high demand for these visas, the lottery system ensures a fair and random selection of eligible registrations to proceed with the full petition process. This method helps manage the overwhelming number of applications and provides a structured way to allocate the limited number of H-1B visas available.

H-1B Cap Lottery Timeline

The H-1B cap lottery follows a well-defined timeline, starting with the registration period, which typically opens in March and lasts for about 14 days. During this period, employers must submit their registrations for prospective H-1B employees. Once the registration period closes, USCIS conducts a random lottery selection to identify the registrations that will move forward in the process. Those selected have a 90-day window to file their complete H-1B petitions. While the exact dates for the FY 2026 cycle have yet to be announced, this general timeline provides a reliable framework for planning and preparation.

Registering for the H-1B Lottery

H-1B Electronic Registration Process | USCIS

The H-1B electronic registration process is designed to be straightforward and cost-effective, requiring only a small fee and basic information about the employer and employee. To participate in the H-1B lottery, both the prospective H-1B employee and the sponsoring employer must create online accounts with USCIS. During the registration period, which is typically short, timely action is crucial. The registration requires essential details about the applicant and a $215 fee.

Under new rules effective from 2025, each registered beneficiary must provide details of a valid passport or travel document, and each will be allocated a unique identification number. This measure prevents duplicate registrations and ensures that all individuals have an equal chance of selection. It’s important to note that attempting multiple registrations for the same beneficiary can lead to the invalidation of all registrations for that individual.

USCIS has also introduced new features to the electronic registration process, allowing multiple people within an organization to collaborate on and prepare H-1B registrations, H-1B petitions, and associated Form I-907. These enhancements aim to streamline the process and reduce errors, making it easier for employers to manage their submissions.

Overall, understanding and carefully following the H-1B electronic registration process is critical for a successful registration. By adhering to the guidelines and utilizing the new features, employers can ensure their registrations are valid and have the best chance of being selected in the H-1B lottery.

Getting a H-1B visa is the beginning of a long US immigration journey for foreign workers

Receiving an H-1B visa is undeniably a significant achievement for both employees and employers. However, it is often just the starting point of an even longer immigration journey. It is crucial to monitor the expiration date on critical documents such as the I-94 form and the H-1B 797 notice. The H-1B is labeled a “non-immigrant” visa and has a general limit of 6 years. Many immigrants mean to obtain a Green Card (US Permanent Residency) as a next step, in order to build towards a stable life and future in the US.

However, in reality, rather than signifying the end of anxieties tied to visa lotteries and applications, the H-1B is often the beginning of a prolonged waiting period before being able to apply for permanent residency. It is important to note the filing fee associated with submitting Form I-129 and that fees are returned if a petition is not selected. This wait can be exacerbated by other factors, including what country the employee is originally from.

H-1B workers with an advanced degree exemption can wait decades for US permanent residency

The transition from H-1B to Green Card status is not always smooth. There’s no guarantee that a company will sponsor the employee for a Green Card when the time comes, and even if they do, and the individual files for permanent residency, the wait can take years.

Indian nationals, in particular, have to wait for decades, while still working and trying to build a life in the US, before obtaining permanent residency. While 140,000 employment-based Green Cards are made available each year, current US immigration policy caps each country at 7%, and because there are so many Indian nationals applying for employment-based Green Cards, a staggering line has formed.

This precarious status, which also affects individuals from China, Mexico, and The Philippines, makes it challenging to make long-term life decisions like purchasing a home or starting a family. For this reason, many high-skilled tech immigrants in the US have been looking to Canada which offers a better option with its effective and smart immigration system.

Many individuals are able to keep their US tech job while living in Canada, enjoying both a high salary and a clear route to citizenship. It’s even possible to move back to the US down the line, this time approaching the process as a Canadian citizen.

Canada offers a smoother pathway to permanent residency and citizenship than the US immigration services.

Canada stands out in the race to attract global tech talent. They recently unveiled a new work permit targeting immigrants in the US holding H-1B work visas which swiftly reached its 10,000-applicant cap. Coupled with programs like the Global Skills Strategy — a fast-track immigration program for skilled workers — Canada is not only welcoming tech workers rapidly but also offering a swift path to permanent residency.

The timeline is so efficient that, in many cases, by the time an H-1B holder in the US even applies for their employment-based Green Card, often 4-5 years into their H-1B journey, they could have already secured Canadian citizenship and all the benefits that entails — typically, within that same five year period!

So, while the H-1B visa is a considerable accomplishment, it’s important to keep future options open. Canada, with its friendly immigration policies and the promise of a stable future, should always be on the radar for companies and professionals.

Path to Canada helps US-based companies with tech workers hire those tech workers remotely in Canada.

Path to Canada specializes in helping US-based companies navigate the process of hiring tech workers remotely in Canada. If you’re a tech professional considering relocating to Canada or exploring remote work options, we work with your employer to make the transition seamless.

We provide PEO and EOR solutions to ensure that employers can retain and hire talent in Canada, taking advantage of Canada’s tech-friendly immigration laws and opportunities. Whether your company is a small startup or a large corporation, we help them manage the logistics so you can focus on your career and personal goals.

By working with Path to Canada, your employer can handle all the necessary steps—immigration, payroll, HR, taxes, and other administrative processes—while you concentrate on building your future in Canada.

If you’re curious about your options for working remotely in Canada, reach out to us today! We’re here to help make it possible for you to live and work where you thrive.