Canada vs USA Immigration 2026 — Especially Relevant After the H-1B Fee
Worked example: same engineer, two systems
| Scenario | Canada | US |
|---|---|---|
| Indian engineer, 30, master's, CLB 9 English, 4 years experience | About 464 CRS: needs a provincial nomination or French, then PR in months | Needs an employer and an H-1B lottery win; an EB-2 green card then follows the Indian queue, currently about 13 years |
This comparison has gotten a lot more attention since the September 2025 $100,000 H-1B fee — here's how the two systems actually compare on cost, timeline, and predictability.
Why This Comparison Matters More in 2026
The September 2025 $100,000 H-1B fee changed the calculus for many candidates who previously defaulted to the US path — see our full H-1B fee breakdown for what it means and who's exempt. Canada has become the most commonly cited parallel or alternative track since that change.
The Core Structural Difference
| Factor | 🇨🇦 Canada Express Entry | 🇺🇸 USA (H-1B → Green Card) |
|---|---|---|
| Entry mechanism | Points-based, no employer required | H-1B lottery (employer-sponsored), then PERM/I-140 for a green card |
| New employer cost (2026) | ~CAD $2,200-2,600 | $100,000 payment on new H-1B petitions for workers abroad (not enforced since courts vacated it on 8 June and 30 September 2026; appeals pending) + standard USCIS fees |
| Time to permanent status | 6-18 months | H-1B holders from India can wait 12-15+ years, China 10-15 years, for a green card (EB-2/EB-3 per-country backlog) |
The EB-2 India backlog is the single biggest difference this comparison needs to highlight — it's not a processing delay measured in months, but a queue position problem measured in over a decade for Indian-born applicants specifically, due to per-country caps on US green cards. In the November 2026 Visa Bulletin the EB-2 Final Action Date is 1 November 2013 for India and 1 October 2021 for China, so Indian applicants being approved now have waited about 13 years.
Cost Comparison
| Cost Item | 🇨🇦 Canada | 🇺🇸 USA |
|---|---|---|
| Government/visa fees | ~CAD $2,200-2,600 | Standard H-1B fees (~$3,600 incl. registration, I-129, ACWIA, fraud and asylum fees), with the $100,000 payment currently not enforced, + PERM/I-140 legal costs |
| Required funds | CAD $15,263 liquid settlement funds | No settlement-fund requirement |
Bringing a Spouse: A Meaningful Difference
Canada's Express Entry pathway lets you include a spouse on the same application, with open work rights generally available once they arrive. The US H-1B route works very differently: an H-1B holder's spouse (H-4 status) has zero work authorization by default and must separately qualify for an H-4 EAD, which requires either an approved I-140 or H-1B status extended beyond the standard 6-year limit under AC21 — meaning a spouse typically can't work at all in the earliest years of an H-1B holder's US stay. A recent US rule change adds further risk: since October 30, 2025, DHS eliminated the automatic extension that previously covered pending H-4 EAD renewals, so a spouse whose renewal is filed on or after that date can lose work authorization the moment their current card expires, even mid-processing.
Which Should You Pursue?
- You're Indian-born and currently on H-1B → the EB-2 backlog alone makes Canada worth pursuing in parallel — there's no rule against running both.
- You have a strong US job offer and aren't from a backlogged country → the US route can still be faster to a green card for non-backlogged nationalities.
- You want a predictable timeline regardless of nationality → Canada's points system doesn't have per-country backlogs the way the US employment-based system does.
Sources
Figures on this page were checked against these official or primary sources on 30 October 2026.
Frequently Asked Questions
Does the $100,000 H-1B fee apply to me if I already have an H-1B?
No — it applies only to new H-1B petitions filed on or after September 21, 2025. Extensions and transfers for existing holders are excluded.
Why is the wait so much longer for Indian applicants specifically?
US employment-based green cards are capped per country, not just per category — so countries with high demand (India, China) face far longer queues than the same category would take for other nationalities.
Can I pursue Canada and the US at the same time?
Yes — there's no rule against maintaining an Express Entry profile while also on H-1B or pursuing PERM. Many candidates run both in parallel.
Can my spouse work immediately on a US H-1B dependent visa?
Not automatically — an H-4 spouse has zero work rights by default and must separately qualify for an H-4 EAD, which requires the H-1B holder to have an approved I-140 or status extended beyond 6 years. Canada's Express Entry, by contrast, generally gives spouses open work rights once they arrive.