Can I apply for an open work permit after my PGWP expires?

Yes, in certain cases you can apply for an open work permit after your PGWP expires, such as through a Spousal Open Work Permit or if you qualify under a temporary IRCC public policy. You must restore your status within 90 days of PGWP expiry to remain in Canada legally.

How to get Canada visa refusal notes?

For temporary resident applications (Visitor, Study, Work Permits), Immigration, Refugees and Citizenship Canada (IRCC) now often includes the 'Officer Decision Notes' automatically with the refusal letter. For the complete internal file, you must submit an Access to Information and Privacy (ATIP) request for your GCMS notes, which can be done by a Canadian citizen, Permanent Resident, or a representative on your behalf.

What is the processing time for temporary resident visa in Canada?

Processing time varies depending on where you apply. For a Visitor Visa (TRV) applied from inside Canada, a recent benchmark is around 16 days (as of October 20, 2025). This is an estimate and actual times may be longer if your case is complex.

How long can you stay in Canada on a temporary resident visa?

Most visitors can stay in Canada for up to 6 months per entry unless an immigration officer indicates a different length of stay on the entry stamp or visitor record. Multiple-entry TRVs may be valid for up to 10 years or until passport expiry.

Can parents apply for H&C in Canada?

Yes. Parents in Canada without valid status or ineligible for sponsorship can apply for permanent residence through an H&C application if removal would cause undue hardship.

How long does it take for an H&C parent application?

Parental H&C applications typically take 30–42 months from submission to final decision, depending on case complexity.

What factors matter in a parent's H&C case?

Officers consider medical needs, emotional dependency on Canadian family, length of stay in Canada, and hardship if returned home.

What is the success rate for H&C parent applications?

As of 2025, parental H&C applications have an average success rate of around 42–45%, slightly higher than general H&C cases.

What documents strengthen a parent's H&C application?

Medical records, proof of family dependency, community letters, country condition reports, and establishment evidence in Canada help strengthen the application.

How to apply for Canada visa for H-1B holders?

The temporary Open Work Permit stream for H-1B principal applicants is closed. However, eligible family members (spouses and dependents) of H-1B holders who successfully applied in 2023 can still apply for their own OWP until September 26, 2024.[4, 5] For a long-term route, H-1B holders should prepare their profiles for the Express Entry system (Federal Skilled Worker or Canadian Experience Class) and the upcoming Accelerated PR Pathway in 2025.[6, 3]

How long does it take to get H-1B work permit in Canada?

The Open Work Permit (OWP) under the H-1B policy provided temporary status quickly, but that program is closed for new principal applicants. For the ultimate goal, Canadian Permanent Residence (PR) via the Express Entry system generally takes between 5 to 8 months after receiving an Invitation to Apply (ITA), making it one of the fastest permanent residency pathways globally.[7, 8]

Can H-1B holders go to Canada?

Yes. H-1B holders and their families can move to Canada. If they missed the 2023 Open Work Permit deadline, they should pursue permanent immigration pathways like Express Entry or wait for the 2025 Accelerated PR Pathway. The OWP allowed immediate labor market access for both the H-1B holder and their spouse.[2, 3]

What is the 100k fee for H-1B? Who pays 100k for an H-1B visa?

The $100,000 fee was proposed by the U.S. government for certain new H-1B petitions filed on or after September 21, 2025, as a condition of eligibility.[9, 10] This fee would be paid by the U.S. employer (petitioner). This measure, which signals high regulatory uncertainty, is a major factor driving skilled workers to Canada.[10]

Can I stamp my H-1B visa in Canada?

Yes, Third-Country Nationals (TCNs)—individuals who are not U.S. or Canadian citizens—can apply for an H-1B visa stamp at a U.S. consulate in Canada. However, TCN processing is discretionary and carries the risk of administrative delays, which could temporarily prevent return to the U.S..[11, 12]

How long is an H-1B visa valid?

The H-1B status is typically granted for an initial period of three years and can be extended for an additional three years, for a total standard duration of six years.[13, 9]

What happens after 6 years of H-1B?

Generally, the holder must leave the U.S. or change status. However, exceptions allow extensions beyond six years in 1-year or 3-year increments if the U.S. employer has initiated the Green Card process (Form I-140 or labor certification) at least 365 days prior to the requested extension start date.[13, 14]

What is the minimum salary for H-1B?

The U.S. employer must pay the H-1B worker a wage that is no less than the 'actual wage' paid to similarly qualified workers, or the 'prevailing wage' for that occupation in the geographic area, whichever amount is higher.[15, 16]

What is the 3 to 1 rule for H-1B visa? / What is the 3 for 1 rule for H-1B?

The '3 to 1' or '3 for 1' reference is related to the H-1B Dependent Employer rule. An employer with 51 or more full-time equivalent employees is considered H-1B dependent if 15% or more of its workforce are H-1B workers. This classification triggers additional regulatory requirements and non-displacement attestations.[17, 18]

Is it better to live in the US or Canada?

The decision is subjective. The U.S. typically offers higher nominal salaries (median U.S. tech wage is higher than Canada's [19]), but Canada offers greater immigration certainty (PR in 5-8 months), universal public healthcare, and better work rights for dependent spouses (immediate Open Work Permit), leading many skilled workers to prioritize Canadian stability over the U.S. salary advantage.[8, 20]

Is Canada rejecting 80% Indian visas? / Is Canada suspending Indian visas?

Canada is not suspending visas, but student visa applications from Indian nationals faced a significant tightening, resulting in a rejection rate of approximately 74% in August 2025.[21, 22] This high scrutiny is tied to fraud concerns and an international student cap.[23, 24] The H-1B Accelerated Pathway, however, is a targeted stream for high-credibility, skilled workers and is not subject to the same generalized scrutiny.

Can Canadians get H-1B visas?

Yes, Canadian citizens are eligible to apply for an H-1B visa like any other nationality. Crucially, Canadian citizens are exempt from the visa stamp requirement entirely; they only need to present their approved I-797 Notice of Action and passport when entering the U.S. in H-1B status.[25, 26]

What is the fastest work permit in Canada?

The Global Talent Stream (GTS) is often considered the fastest route, offering 2-week processing for the associated Labour Market Impact Assessment (LMIA). The H-1B Open Work Permit (OWP) was also a very fast temporary option for principal applicants, but is currently closed.[1]

Which province gives the fastest PR in Canada?

The fastest route to PR is through any province offering an Enhanced Provincial Nominee Program (PNP) stream, which is aligned with Express Entry. A nomination through an Enhanced PNP grants an applicant 600 additional Comprehensive Ranking System (CRS) points, virtually guaranteeing an Invitation to Apply (ITA) for PR, which is then processed quickly (6-8 months).[7, 8]

Can I get Canada PR in 3 months?

No. While Canada’s Express Entry system is extremely fast, the average processing time for a Permanent Residence application after receiving an Invitation to Apply (ITA) is 5 to 8 months. Starting the process to enter the pool and receive an ITA takes additional time.[7]

How many years of H-1B until green card?

There is no fixed time. The wait for a U.S. Green Card depends on the applicant’s country of chargeability and visa availability, which can result in backlogs that last for years or even decades, despite having H-1B status.[14]

What are the disadvantages of an H-1B visa?

Key disadvantages include the six-year status limit, the required dependence on a single sponsoring employer, the lack of automatic work authorization for spouses (H-4 EAD is separate), the high regulatory costs for the employer, and general policy uncertainty (like the $100k fee proposal).[13, 9, 27]

Who pays for an H-1B visa?

The U.S. employer is responsible for paying most of the required H-1B fees, particularly the mandatory Labor Condition Application (LCA) compliance costs. Employers are prohibited from requiring the employee to pay the fraud prevention and detection fee or the American Competitiveness and Workforce Improvement Act (ACWIA) fee.[15]

Is a H-1B visa risky?

Yes, in comparison to Canadian Permanent Residence, the H-1B is considered risky. The risk stems from the temporary nature (6-year limit), the cap-restricted annual lottery, dependency on employer sponsorship, and the continuous threat of status expiration if the Green Card process stalls.[13, 9]

Is hiring H-1B cheaper?

No. U.S. law requires the employer to pay the prevailing wage or actual wage (whichever is higher), ensuring H-1B workers are not hired at below-market rates. Furthermore, high compliance costs and the proposed $100k fee for certain petitions make H-1B hiring expensive for U.S. companies.[9, 15]

Is H-1B high skilled?

Yes. The H-1B visa is designated for 'Specialty Occupations,' which are defined as requiring a minimum of a bachelor's degree or equivalent experience in the specific specialized field. These roles generally cover high-skilled occupations in fields like technology, engineering, mathematics, and medicine.

Which USA visa is hardest to get?

While many U.S. visas are challenging, the H-1B is notoriously difficult due to the annual cap lottery, which often results in hundreds of thousands of applicants vying for just 85,000 slots, making selection highly competitive and unpredictable.[9, 15]

Who hires the most H-1B visas?

Based on Department of Labor disclosure data, the highest volume of H-1B applications historically comes from large technology and consulting firms.[28] This public disclosure data is available for researchers and the public.[29, 28]

Did Elon Musk have an H-1B?

There is no public record indicating Elon Musk held an H-1B visa. As a South African-born Canadian citizen, he would have been eligible to enter the U.S. using other visa categories, such as the TN professional visa (as a Canadian) or an investment-based visa, before becoming a U.S. citizen.

Which Big 4 sponsor H-1B?

All major 'Big 4' accounting and consulting firms (Deloitte, PwC, EY, and KPMG) sponsor H-1B visas. Due to their global nature and need for specialized talent, these firms are consistently among the top H-1B petitioners documented in U.S. Department of Labor disclosure data.[28]

How to get 100% Canada visa?

There is no method to guarantee 100% approval for any Canadian visa or permanent residence application. The best way to maximize success is by meeting all eligibility requirements, submitting a fully complete application, and clearly demonstrating strong ties to the country if applying for a temporary visa, or high credentials if applying for PR via Express Entry.

Can I get PR after 1 year study in Canada?

Completing a one-year study program in Canada can lead to eligibility for a Post-Graduation Work Permit (PGWP). After gaining one year of skilled work experience in Canada on the PGWP, the individual becomes eligible for the Canadian Experience Class (CEC), a top PR pathway within Express Entry.[30]

Is it hard to get PR in Canada?

For highly skilled professionals, particularly those moving from H-1B status, securing Canadian PR is considered manageable and predictable. The Express Entry system offers clear, points-based criteria and fast processing times (5-8 months), making it a reliable path compared to the long, uncertain process of obtaining a U.S. Green Card.[7, 8]

What jobs are in demand in Canada?

Canada's immigration strategy, including the upcoming H-1B Accelerated Pathway, explicitly targets labor shortages in several high-demand areas. These include: Technology (AI, Software Engineering, Cybersecurity), Healthcare (Registered Nurses, Physicians), Research, and Advanced Industries.[2, 31]

Can I work in Canada with a temporary resident visa?

No. A temporary resident visa (TRV) alone does not permit work. To work legally you must obtain the appropriate work permit or be otherwise exempt.

What is the Canadian Experience Class (CEC)?

The Canadian Experience Class (CEC) is an Express Entry immigration stream for individuals with at least one year of skilled work experience in Canada. It allows temporary workers and graduates to apply for permanent residency faster.

What is the Federal Skilled Worker Program (FSWP)?

The Federal Skilled Worker Program (FSWP) is a federal immigration pathway under Express Entry for skilled professionals abroad who have at least one year of continuous work experience in a skilled occupation and meet the eligibility points requirement.

Which program is faster: CEC or FSWP?

The Canadian Experience Class (CEC) is typically faster, averaging 4–6 months compared to 6–8 months for FSWP, due to simplified documentation and domestic processing.

Do I need proof of funds for CEC?

No, proof of funds is not required for the Canadian Experience Class (CEC). It is required only under the Federal Skilled Worker and Federal Skilled Trades programs, unless you have a valid job offer.

Can I apply for both CEC and FSWP?

Yes. You can qualify for more than one program under Express Entry. IRCC will automatically consider you under the stream where you have the best chance of success.

Can I get PR with a Post-Graduation Work Permit (PGWP)?

Yes, PGWP holders can gain Canadian work experience and apply for PR through the Canadian Experience Class (CEC). One year of skilled full-time work experience is required.

What are the benefits of CEC compared to FSWP?

CEC applicants enjoy faster processing, no proof of funds, and generally higher acceptance rates because they already have Canadian work experience and integration.

Can I apply for PR while on a work permit?

Yes, many applicants apply for PR through CEC while working in Canada on an open or employer-specific work permit. This is a common and encouraged pathway.

What documents are required for FSWP proof of funds?

You must provide official bank letters showing account numbers, current and average balances, account opening dates, and 6 months of statements. Only liquid, accessible funds are accepted.

What is the approval rate for CEC in 2025?

As of 2025, the CEC approval rate exceeds 90%, making it one of the most successful immigration streams in Canada.

What's the difference between TR and PR?

A Temporary Resident (TR) is in Canada for a limited time (visitor, worker, student) while a Permanent Resident (PR) has the right to live and work in Canada indefinitely and access benefits such as healthcare and a path to citizenship.

How long does a temporary resident permit take in Canada?

Processing times for Temporary Resident Permits (TRPs) vary by case complexity and visa office. Check IRCC's processing times tool for live estimates. TRPs are discretionary and may take longer than standard TRV decisions.

Last Updated Jan 21, 2026

IRCC Security Check Delay: Why Your PR Application is Stuck at ‘In Progress’ (2025 Backlog Crisis)

By Vineet Tiwari

Canadian Immigration

For thousands of Permanent Resident (PR) applicants in 2025, the journey to Canada has stalled at the most frustrating stage: the “In Progress” status for Background Verification or Security Screening. Despite Express Entry and PNP applications having a stated standard of 6 months, the surge in complex security checks requested by Immigration, Refugees and Citizenship Canada (IRCC) has created significant backlogs at partner agencies, primarily the Canadian Security Intelligence Service (CSIS).

If your PR file is otherwise complete (medicals passed, eligibility met) but showing no final decision, the security check is likely the bottleneck.

🔒 The Security Screening Bottleneck Explained

Security screening is a mandatory step for almost all permanent and temporary resident applications to ensure admissibility and national security. This process is multi-layered, but delays primarily stem from one area: Non-Routine Processing.

1. The Surge in CSIS Screening Requests

According to recent reports, the number of security screening requests sent by IRCC and border officials to CSIS has dramatically increased.

Massive Increase: CSIS received over 538,000 requests in 2024, a substantial jump from the previous annual average of around 300,000. This volume has overwhelmed the intelligence agency’s capacity, which has publicly stated it will “take the time required” to complete thorough checks.
The Status Trap: When IRCC refers your file to CSIS, your PR application status in the online portal will typically show as “In Progress” for the Background Verification section, sometimes for months or even years, without any further updates.

2. Factors Triggering Non-Routine Processing

While all applicants are screened, certain factors trigger a referral to CSIS for an in-depth security check, moving the file into the non-routine processing category:

Trigger Factor	Description and Impact
Nationality/Geopolitical Links	Applicants who have recently resided, studied, or worked in countries identified as having geopolitical proximity to Canada’s security concerns (e.g., specific regions in the Middle East, Eastern Europe, or parts of Asia) are disproportionately affected.
Sensitive Education/Employment	Work or education in high-technology fields, nuclear or biological sciences, military service, or positions with government agencies may flag a file for deeper scrutiny.
Unexplained Gaps or Complexity	Extensive international travel history, unexplained gaps in a detailed personal history, or past encounters with law enforcement (even if charges were dropped) can warrant a comprehensive check.
Data Mismatch	Inconsistencies between data provided in the Express Entry profile, the PR application, and information gathered from partner databases (domestic and international) can lead to a security flag.

⏳ What to Do When Your PR Application is Stuck

Long delays due to security screening can cause emotional distress and uncertainty, but applicants are not entirely powerless.

1. Do Not Re-Submit or Withdraw

Avoid Action: Do not withdraw or re-submit your complete application. This will only reset your processing time and likely subject you to the same lengthy security check again.
Prompt Responses: Ensure you respond to any IRCC request (e.g., for updated Police Certificates, a new medical exam, or an interview) immediately. Slow responses are a major cause of preventable delays.

2. Check Status Components

Use the IRCC online tracker to verify the status of the major sections of your application:

Eligibility: Should be “Completed” (This is the immigration officer’s assessment of your program requirements).
Medical Exam: Should be “Completed” (If it shows “In Progress” after months, contact the panel physician).
Background Verification: If this is stuck at “In Progress” long after the others are complete, your file is likely awaiting clearance from a third party (CSIS/CBSA).

3. Explore Legal Remedies (Mandamus)

If the delay becomes unreasonable—typically defined as far exceeding the standard published processing time for your program—applicants have the legal option to apply for a Writ of Mandamus in Federal Court.

Mandamus Application: This is a request to the Federal Court to compel IRCC to make a decision on your application within a court-specified deadline.
Criteria: To succeed, you must demonstrate that: a) you have met all requirements, b) there is a clear duty on IRCC to make a decision, and c) the delay is unreasonable. A security delay exceeding 12–18 months beyond the stated service standard is often considered unreasonable.

4. Use ATIP Requests (Information Gathering)

Filing an Access to Information and Privacy (ATIP) request can provide insight into the stage of your application and any potential issues. The notes from the immigration officer (known as Global Case Management System or GCMS notes) can sometimes indicate if a security referral has been made or if the file is waiting on CSIS.

📈 The Broader Backlog Context (2025)

The security delay crisis is compounded by a larger, persistent IRCC backlog. As of the latest reports, the total application inventory across all streams exceeds 2.2 million applications, with over 900,000 being classified as backlogged (exceeding service standards).

Permanent Residence Impact: The PR category is one of the hardest hit, with the backlog affecting nearly 50% of total applications in the inventory.
Government Action: IRCC has responded by increasing the use of advanced analytics and automation to triage low-risk, straightforward cases, but complex files requiring security checks remain heavily reliant on human assessment and partner agencies.

❓ Security Screening Delays: Frequently Asked Questions (FAQ)

How long is a “normal” security check delay?
- For routine checks on standard Express Entry (CEC/FSWP) applications, the security check is usually completed within the 6-month processing standard. Any delay exceeding the published service standard is considered part of the backlog.
Does my medical exam status affect the security check?
- Yes. IRCC generally requires the medical exam to be “Completed” before finalizing the security and background checks. A pending medical can slow the entire process.
What is the difference between Background Verification and Security Screening?
- Background Verification is the overall section in your tracker. It encompasses: Criminality Check (police certificates), Identity Check (biometrics), and Security Screening (the assessment conducted by IRCC, CBSA, and potentially CSIS).
Will my status ever change from “In Progress” if I’m stuck in the backlog?
- Yes, eventually. The status only changes when the process is “Completed” or if IRCC requests more information. The absence of movement simply means the file is in queue at a partner agency (CSIS/CBSA).
What if I moved a lot? Does that cause delays?
- Yes. An extensive history of residence in multiple countries within the last 10 years requires IRCC to request police certificates from each country and complicates the security/background verification process, often triggering a longer review.
Does having a valid temporary status (e.g., work permit) in Canada speed up the security check?
- Not directly. While being inside Canada simplifies some logistics (like biometrics), the security check criteria remain the same and are determined by your history, not your current status.
What is a “non-routine” file?
- A non-routine file is one that cannot be processed by an IRCC officer using standard procedures, often due to a “flag” that requires referral to a specialist unit or an external agency like CSIS for in-depth review.
Can an ATIP request confirm if CSIS has my file?
- An ATIP request for your GCMS notes may show a note from the IRCC officer indicating that the file has been “referred for security screening” to another agency, confirming the bottleneck.
If I get a new job or promotion, should I update IRCC?
- Yes. You must inform IRCC of any material change, including a change in your employment or contact information. Failure to do so can lead to refusal or misrepresentation findings.
Is there a time limit for IRCC to finish the security check?
- There is no statutory deadline for the security check itself, but the Federal Court may deem the overall processing time unreasonable, which is the basis for a Mandamus application.
Do I need a lawyer to file a Mandamus application?
- While you can represent yourself, Mandamus applications are complex Federal Court proceedings. Legal representation is highly recommended due to the specific legal arguments required.
What if the security check comes back with a negative finding?
- If the security check indicates a potential inadmissibility, IRCC is legally required to send you a Procedural Fairness Letter (PFL), giving you the opportunity to respond and address the concerns before a final refusal is issued.
Is the security backlog affecting only PR applications?
- No. Security screening affects PR, citizenship, and refugee applications. The volume of requests is rising across all categories.
How long does a CSIS security check typically take in a non-routine case?
- There is no official timeline, but immigration lawyers report non-routine cases can take anywhere from 6 months to 2 years or more, depending on the complexity and geopolitical factors involved.
Does the use of IRCC’s AI Modernization (DPM) help with security delays?
- The use of Advanced Analytics (AI) and Digital Platform Modernization (DPM) is designed to triage and fast-track routine, low-risk cases. However, it is the non-routine, high-risk cases that are referred to CSIS, meaning the DPM helps reduce the overall queue but may exacerbate delays for flagged files by pushing them to the back of the CSIS queue.

🔗 Related Resources and Official Links

IRCC Check Your Application Status: Official portal to monitor the Background Verification status in your online tracker.¹
- https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html²
IRCC Help Centre: What Does My Status Mean? Explains the meaning of “In Progress” for different sections (Eligibility, Medical, Background).
- https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc/client-support-centre.html
Application for Access to Information and Privacy (ATIP): Used to request your GCMS notes to understand the officer’s log.
- https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/access-to-information.html

🚀 Bypass the Security Backlog: Initiate Your Mandamus Strategy

A file stuck in security limbo for 12+ months beyond the service standard requires a legal strategy. Waiting indefinitely is not an option when status, job offers, and family reunification are on the line.

Book a consultation now to have your GCMS notes reviewed by our legal team, assess the reason for your security delay, and determine the viability of filing a Writ of Mandamus to compel IRCC to finalize your PR decision: https://libertyimmigration.ca/booking/

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Written By

Vineet Tiwari

Vineet is a caring and creative leader who has lived in India, Oman, UAE, and Canada, giving him a rich multicultural perspective. His commitment to physical fitness keeps him energetic and focused. Vineet's dedication to his clients is evident as he often takes calls on weekends, ensuring they always feel supported and valued. His diverse background and unwavering availability help build strong, trusting relationships with our clients.