Canada Announces Immigration Tech Talent Strategy
On June 27, 2023, Immigration Minister Sean Fraser announced four key pillars involving policy enhancements to attract global tech talent to Canada.
1. Developing a new Innovation Stream under the International Mobility Program to attract highly talented individuals
The Government of Canada is planning to launch an Innovation Stream under the International Mobility Program by the end of 2023 to create a new work permit category exempt from labor market testing. The government is creating the option of an employer-specific work permit for up to 5 years for workers destined to work for a company identified by the Government of Canada as contributing to industrial innovation goals. A second option is an open work permit valid for up to 5 years for highly skilled workers in select in-demand occupations. The government will announce qualifying criteria for the category and an exact roll out date in the coming months.
2. Promoting Canada as a destination for digital nomads
Foreign nationals are already permitted to enter Canada as visitors and perform work for a foreign employer remotely from Canada for a period of up to 6 months. The Government of Canada is in consultation with public and private partners to determine if additional policies to attract digital nomads to Canada would be beneficial.
3. Creation of an open work permit category for H-1B specialty occupation visa holders in the United States
Effective July 16, 2023, holders of a valid H-1B visa in the U.S. will be eligible to apply for a 3 year open work permit that allows work for any employer at any location in Canada. Spouses and dependents of principal applicants are also eligible to apply for a work or study permit, as required. Immigration, Refugees and Citizenship Canada (IRCC) intends to keep the stream in effect for 1 year, or until it receives 10,000 applications. Only principal applicants will be counted toward the application cap.
4. Enhancement of current programs that cater to workers in high-skill technology occupations
Global Skills Strategy
The Government of Canada has announced a return to a 2 week processing standard for consular applications filed under the Global Skills Strategy after lengthy delays related to the pandemic and assistance with the Afghanistan withdrawal and Ukraine conflict. The expedited processing period remains in effect only for highly skilled applicants with jobs under TEER category 0 or 1 of the National Occupational Classification (NOC).
Start-up Visa Program
The Government of Canada has committed to allocating more spots under this program in order to address the lengthy wait times for applicants. In addition, applicants under the program will be eligible for an open work permit of up to 3 years, rather than a 1 year work permit that limits them to work solely for their own start-up. This 3 year work permit will also be made available to each member of a founder’s entrepreneurial team. The government further commits to prioritizing applications to ensure those supported by committed capital or endorsed by a business incubator that is also a member of Canada’s Tech Network will move to the front of the line for processing.
What this means for our clients
We welcome the return of 2 week processing which has been paused for several years. Clients should again expect decisions for the applications of high skilled workers within 2 weeks after biometrics are submitted. The creation of an open work permit category for H-1B visa holders may help recently laid off employees in the United States find alternative employment in Canada. Although it is too early to tell, the proposed Innovation Stream under the International Mobility Program may create a new category beneficial to certain holders of expiring U.S. F-1 visas who have not been selected in the H-1B lottery and other foreign nationals who do not benefit from a treaty-based option.
