Canada: Tech Talent Strategy Announced

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Change Details Impact New Stream of Open Work Permits for Persons Holding Special Employment Status H-1B in the United States Starting July 16, 2023, persons holding Special Employment Status H-1B in the United States will be able apply for an open work permit valid for up to three years. While details on eligibility criteria are forthcoming, the new pathway is expected to be open to people who have a status that is “expiring soon”. Open Work Permits allow foreign nationals to work in nearly any occupation for employers across Canada. Their spouses and dependents will also be able to apply for a temporary residence visa, with a work or study permit, as required. This measure will remain in effect for one year or until IRCC receives 10,000 applications. Only lead applicants (and not their accompanying family members) will count towards the maximum application limit.

This track will expand the opportunities available in Canada for skilled workers to continue pursuing their careers in the high-tech sector and contribute to the country’s economic growth.

It will also benefit U.S. H-1B holders whose status is nearing expiration and who wish to remain in North America.

The open work permit will also allow employers to have their employees work across Canada in different locations.

New innovation stream under the International Mobility Scheme The government is expected to develop an innovation stream under the International Mobility Scheme by the end of 2023. It will include two options: Employer specific work permits valid for up to five years for foreign nationals seeking to work for a company identified by the government as a contributor to industrial innovation goals in Canada; and Open work permits valid for up to five years for highly skilled workers in certain required occupations.

This route will exempt employers and foreign nationals from the labor market impact assessment process, which will streamline the temporary work permit process and result in shorter processing times for eligible foreign nationals.

Additionally, people who get open work permits will be able to work for any employer with no further action required. Promoting Canada as a destination for digital nomads Under current Canadian immigration rules, digital nomads can move to Canada for up to six months at a time under visitor status, provided they are working for an employer of foreign employment or do not form a connection with Canada while in Canada. Over the coming months, IRCC will work with public and private partners to determine whether further policies to attract digital nomads to Canada would be beneficial to the country. The government expects that some digital nomads who initially enter Canada to work remotely for a foreign employer will eventually seek employment opportunities in Canada for domestic employers and apply for a work permit and/or permanent residency, leading thus their skills and their talent on the local market. Improvements to the Global Skills Strategy Program The Global Skills Strategy, created in 2017, aims to provide faster application processing times for temporary workers submitting completed work permit applications for certain occupations. The government has recommitted to a standard 14-day processing time for work permit applications under the Global Skills Strategy, which was previously not guaranteed due to backlogs during the COVID-19 pandemic. Foreign nationals with eligible occupations (including managerial occupations and occupations that usually require a university degree) and their employers in Canada will benefit from faster processing times to enter Canada and start work. Enhancements to the Start-up Visa Program Applicants will be able to apply for a work permit that is valid for up to three years, instead of the current one-year validity. Applicants will be able to apply for an open work permit instead of one that limits work to self-starter. Applicants will no longer need to demonstrate that their role is essential to the company in order to obtain a work permit. These measures are expected to be implemented by the end of 2023. The Start-up Visa program offers a path to permanent residency for foreign entrepreneurs who enlist the support of venture capital funds, angel investor groups or business incubators to create a startups in Canada. These measures will make it more attractive for immigrant entrepreneurs to enter Canada and develop their business while waiting for their application for permanent residence to be processed.

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