The Canadian government has announced a new Tech Talent Strategy aimed at making it easier for workers in high-tech industries to come to Canada.

The Minister of Immigration, Refugees and Citizenship unveiled the strategy at the Collision Conference in Toronto on June 27, promising new measures and enhancements to existing immigration policies designed to attract foreign tech talent. Here’s an overview of Canada’s Tech Talent Strategy.

Opening the door to H1-B visa holders

Many people working in high-tech industries in the U.S. have an H1-B visa. Starting next month, the federal government will look to attract some of those workers to Canada.

Beginning on July 16, 2023, H-1B specialty occupation visa holders in the U.S. will be eligible to apply to come to Canada. Approved applicants will be issued an open work permit valid for up to three years, allowing them to work for almost any employer. Spouses and dependents of H-1B visas will be able to apply for Canadian study and/or work permits.

This program will remain in effect for one calendar year or until Immigration, Refugees and Citizenship Canada (IRCC) receives 10,000 applications – whichever comes first. (Only principal applications – not applications from spouses or dependents – will be counted against the 10,000 cap.)

Creating a new stream for the International Mobility Program

The International Mobility Program (IMP) allows Canadian employers to hire foreign nationals without going through an extended recruitment process required under a Labour Market Impact Assessment (LMIA). This significantly speeds up the hiring process of foreign nationals for positions in Canada.

The federal government now plans to introduce an Innovation Stream to the IMP by the end of this year. The specifics of this stream have yet to be determined, but IRCC is currently considering two options that are not mutually exclusive for foreign workers in high-tech industries:

  • issuing employer-specific permits of up to five years allowing foreign nationals to work for companies that contribute to Canada’s industrial innovation goals
  • issuing open work permits of up to five years to foreign nationals working in select in-demand occupations

Enhancements to the Start-Up Visa program

The Start-Up Visa (SUV) program allows foreign entrepreneurs to immigrate to Canada to grow their start-up businesses in Canada.

IRCC plans to enhance the program by allowing entrepreneurs to apply for open work permits of up to three years while their permanent residency applications are in process. This is a major change to the program, as it will allow foreign entrepreneurs to work for companies other than their own start-ups and it extends their initial period of work from the current one-year work permit. Founders of early-stage start-ups often cannot pay themselves a salary; these enhancements to the SUV will allow them to earn additional income as their businesses grow.

The SUV work permits will also be opened to each member of a start-up’s entrepreneurial team. Previously, the SUV was open only to essential team members who were urgently needed in Canada.

SUV applications that are supported by committed capital from venture capital or angel investors or endorsed by a business-incubator member of Canada’s Tech Network will be prioritized.

Exploring options to attract digital nomads

Digital nomads have the ability to perform their jobs from anywhere in the world. Currently, a digital nomad only needs visitor status to work from Canada for up to six months when working for a foreign employer. IRCC says it will explore options for attracting digital nomads to Canada, including allowing digital nomads to apply for a temporary work permit or permanent residence when they are offered a job by a Canadian employer.

Other enhancements

After experiencing pandemic-related delays, IRCC is once again processing work permit applications made under the Global Skills Strategy within two weeks. The government is also considering introducing a STEM-specific draw to issue additional invitations for workers to apply under the Express Entry system.

We’ll continue to report on Canada’s new Tech Talent Strategy as more details become available. In the meantime, if you have any questions about hiring tech workers from abroad, a member of our Immigration team would be pleased to assist you. Contact us to learn more.

Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.

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