Can I Hold W-1 and H1-B Work Visas Together?

Holding both a W-1 work visa for Canada and an H1-B visa for the United States at the same time is possible in certain situations, but it depends on how your employment is structured and your physical location when working. Both Canada and the U.S. have distinct visa systems, and each country has its own immigration laws that you must follow separately. Here’s a detailed explanation:

1. Understanding the W-1 Visa (Canada)

• The W-1 visa is typically a temporary resident visa issued for work purposes under the International Mobility Program (IMP), including intra-company transfers, open work permits, or employer-specific work permits.

• It allows the foreign national to work in Canada legally for a specific employer and position.

• It's tied to Canadian employment and often valid only while you're physically working in Canada.

2. Understanding the H1-B Visa (USA)

• The H1-B visa is a non-immigrant work visa for specialty occupations in the United States.

• It is tied to a specific job, employer, and location in the U.S.

• You must physically be in the U.S. to work on an H1-B status (remote work from abroad does not count as H1-B employment).

3. Can You Hold Both Visas at Once?

• Yes, technically you can be approved for both visas, especially if your employer has operations in both Canada and the U.S.

• However, you cannot actively use both visas at the same time. Your legal work status is linked to where you are physically working:

o If you are in Canada, you are under the W-1 status.

o If you are in the U.S., you are under H1-B status.

4. Same Employer in Both Countries

• Some multinational employers operate in both Canada and the U.S.

• You could be employed under Canadian terms while in Canada and U.S. terms while in the U.S., but they must be separate contracts and comply with local labor laws.

• Employers must handle taxation, payroll, and compliance appropriately in each country.

5. Important Considerations

• Visa validity does not mean simultaneous work authorization; you must follow the country-specific terms.

• Tax residency may be affected if you frequently shift between the two countries.

• You cannot use one visa (e.g., H1-B) to work in a third country (e.g., Canada).

• Your employer must sponsor each visa separately according to the respective country’s immigration procedures.

Conclusion:

You can hold both a W-1 visa for Canada and an H1-B visa for the U.S. simultaneously if your employer operates in both countries and has arranged separate legal employment. However, you can only work in the country where you are physically present, under the terms of that country’s visa. Always ensure compliance with both countries’ immigration and labor laws to avoid legal or tax issues.