There are approximately 400,000 H-1B visa holders in the US, which is why the government is setting a cap on the new stream of people who could hold those visas at 10,000.
Indians holding an H1-B visa will now have the option of study and work permits in Canada too. Immigration Minister Sean Fraser has introduced a new strategy to attract digital talent to Canada, which includes a digital nomad programme that allows more foreigners to live and work there.
“As of July 16, Canada will have a stream that will allow 10,000 H-1B visa holders in the United States to come and work in Canada.
There are approximately 400,000 H-1B visa holders in the US, which is why the government is setting a cap on the new stream of people who could hold those visas at 10,000.
Approved applicants would get an open work permit of up to three years, and they would be able to work for “almost any employer anywhere in Canada.The applicants’ spouses would also be able to apply for a temporary resident visa.
This measure will remain in effect for one year, or until Immigration, Refugees and Citizenship Canada (IRCC) receives 10,000 applications. Only principal applicants, and not their accompanying family members, will count toward the application cap.
H-1B visas allow foreign nationals to temporarily work in the US in certain specialized occupations, including the tech sector.
Canada also wants to promote itself as a destination for digital nomads.
A digital nomad is a person who can perform their job remotely from anywhere in the world. They don’t need a work permit. All they need is visitor status.
Under current Canadian immigration rules, a digital nomad only needs visitor status to relocate to Canada for up to six months at a time while they perform their job remotely for a foreign employer.
The digital nomad strategy would allow people with a foreign employer to work in Canada for up to six months. And should they receive a job offer while they’re here, they can continue and work in Canada.
“We expect that some digital nomads who initially enter Canada to work remotely will decide to seek opportunities with Canadian employers. When they receive a job offer from a Canadian company, they would be able to bring their skills to a Canadian employer by applying for a temporary work permit or even permanent residence,” said a government release.
There’s a programme in place already allowing foreigners who receive a job offer to transition to a Canadian work permit. But under the digital nomad strategy, a tech worker with a job at a foreign employer could also arrive in Canada today, and continue to work for that employer.
This is part of “Canada’s first-ever Tech Talent Strategy aimed at attracting top talent around the world.
Canada is also looking to improve existing immigration programs that can benefit workers in high-skilled tech occupations, including the Global Skills Strategy and the Start-up Visa Program.
The Global Skills Strategy, launched in 2017, features four policies designed to support Canadian employers seeking quick access to highly skilled talent from around the world. Processing times for Global Skills Strategy work permit applications have recovered after delays throughout the pandemic, said the release.
“Employment and Social Development Canada is meeting the two-week standard for processing Global Talent Stream labour market impact assessments for employers, and IRCC is meeting the two-week standard for work permit applications.”
Start-up Visa Program
The Start-up Visa (SUV) Program provides a path to permanent residence for foreign entrepreneurs who gain the support of a designated Canadian venture capital fund, angel investor organization or business incubator for their start-up.
As a first step to address the lengthy wait times for applicants, more spots were allocated to this program under the 2023–2025 multi-year levels plan. This means that targets have tripled the number of permanent residents expected in the Federal Business category for 2023 compared to 2022. Further increases are planned in 2024 and 2025.
Canada will also change the temporary work permit option for SUV applicants and will allow them to apply for an open work permit of up to three years, rather than a one-year work permit that limits them to work solely for their own start-up. This will make it easier and more appealing for founders to come to Canada and develop their business while they wait for their permanent residence application to be processed.
The work permit will be available to each member of the entrepreneurial team. Currently, only members of the entrepreneurial team who are identified as essential and urgently needed in Canada by the designated organization supporting the start-up can apply.
Applications that are supported by venture capital, angel investor groups and business incubators and have capital committed will be prioritised, along with applications that are supported by business incubators who are members of Canada’s Tech Network.
Changes to the temporary work permit option for Start-up Visa Program applicants, as well as the new application prioritization plan, will be in place later this year.
The International Mobility Programme
Canada will also introduce the The International Mobility Program (IMP) later this year which will allow Canadian employers to hire foreign workers without a labour market impact assessment (LMIA).
The Innovation Stream
Later this year, Canada will also introduce a new Innovation Stream to bring talented workers to Canada to help build innovative businesses. This would include grant of employer-specific work permits for up to five years for workers destined to work for a company identified by the Canadian government as contributing to its industrial innovation goals. It would also offer open work permits for up to five years for highly skilled individuals in select occupations.
Canada ranked number one as the most attractive destination for immigrant entrepreneurs in a 2023 report by the Organization for Economic Co-operation and Development (PDF 2.18 MB). The rankings were based on a wide variety of factors, including access to capital, corporate tax rates, skills of the workforce, strength of its universities and quality of life, as well as immigration policies for entrepreneurs and their families.
“We’re enthusiastic about the ambitious goals we have set in immigration, because they aren’t just about numbers—they are strategic. With Canada’s first-ever immigration Tech Talent Strategy, we’re targeting newcomers that can help enshrine Canada as a world leader in a variety of emerging technologies. I’m grateful for the collaboration of the tech, start-up and business communities, who have provided valuable insight to develop this strategy. Having a fast and flexible approach, one that is broadly supported by Canadians, is truly Canada’s immigration advantage,” said Sean Fraser, Minister of Immigration, Refugees and Citizenship.
Quick facts about the H1-B programme
The new H1-B specialty occupation visa holder work permit will be available as of July 16, 2023.
Approved applicants will receive an open work permit of up to three years in duration, which means they will be able to work for almost any employer anywhere in Canada.
Their spouses and dependants will also be eligible to apply for a temporary resident visa, with a work or study permit, as needed.
This measure will remain in effect for one year, or until Immigration, Refugees and Citizenship Canada (IRCC) receives 10,000 applications.
Only principal applicants, and not their accompanying family members, will count toward the application cap.
Improvements to the Start-up Visa Programme
Canada allocated more spots to this program for 2023, with further increases planned for 2024 and 2025.
Applicants will be able to apply for a work permit that is up to three years in duration instead of one year.
Applicants will be able to apply for an open work permit instead of one that limits them to working for their own start-up.
Canada is making this three-year open work permit available to each member of the entrepreneurial team instead of only those who are essential and urgently needed in Canada.
Canada is prioritizing applications that are supported by venture capital, angel investor groups and business incubators and have capital committed, along with applications that are supported by business incubators who are members of Canada’s Tech Network.
