Canada: Tech Talent Strategy Announced

• As of July 16, 2023, individuals holding H-1B specialty occupation status in the United States will be eligible to apply for an open work permit valid for up to three years. While details on eligibility criteria are forthcoming, the new route is expected to be open to individuals who have a status that is “expiring soon”. Open work permits allow foreign nationals to work in almost any occupation for employers across Canada.
• Their spouses and dependents will also be eligible to apply for a temporary resident 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 principal applicants (and not their accompanying family members) will count toward the application cap.

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

It will also benefit H-1B holders in the United States whose status is close to expiration, and who wish to remain in North America.

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

• The government is expected to develop an Innovation Stream under the International Mobility Program 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 contributing to industrial innovation goals in Canada; and
    • Open work permits valid for up to five years for highly skilled workers in select in-demand 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.

• Under current Canadian immigration rules, digital nomads can relocate to Canada for up to six months at a time under visitor status, provided they perform their job for a foreign employer or do not form a nexus to Canada while in Canada.
• In the months ahead, IRCC will collaborate with public and private partners to determine whether additional policies to attract digital nomads to Canada would be beneficial to the country.

• The Global Skills Strategy, created in 2017, aims to provide faster application processing times for temporary workers who submit complete work permit applications for certain occupations.
• The government has re-committed to a 14-day standard processing time for work permit applications under the Global Skills Strategy, which was previously not guaranteed due to backlogs throughout the COVID-19 pandemic.

• Applicants will be able to apply for a work permit that is valid for up to three years, instead of the current validity of one year.
• Applicants will be able to apply for an open work permit instead of one that limits work to their own start-up.
• Applicants will no longer need to prove their role is essential to the business to obtain a work permit.
• These measures are expected to be implemented by the end of 2023.
• The Start-up Visa Program provides a path to permanent residence for foreign entrepreneurs who gain the support of venture capital funds, angel investor groups or business incubators to establish a start-up in Canada.