Canada Announces Plans to Attract US H-1B Visa Holders

Posted On 06 Jul 2023
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Canada is making a play for H-1B visa holders in the US who may fear losing their status amid widespread layoffs in the tech industry.

H-1B visas are used by US companies to bring in highly-skilled workers from other countries to fill specific roles. If an H-1B employee loses their job, they must either find another job with an H-1B sponsor company or leave the US within 90 days. Given the current state of the US tech industry, and the hundreds of thousands of people who have been laid off, many H-1B visa holders have had their lives upended.

Canada clearly sees an opportunity to attract disenfranchised H-1B holders with its first-ever Tech Talent Strategy. The strategy is designed to help the country compete in the tech landscape:

This new strategy includes new measures and improvements on existing measures to help businesses in Canada thrive in a competitive landscape. As part of Canada’s first-ever Tech Talent Strategy, Minister Fraser announced the following aggressive attraction measures:

  • the creation of an open work permit stream for H-1B specialty occupation visa holders in the US to apply for a Canadian work permit, and study or work permit options for their accompanying family members
  • the development of an Innovation Stream under to the International Mobility Program to attract highly talented individuals, options for which include
    • employer-specific work permits for up to five years for workers destined to work for a company identified by the Government of Canada as contributing to our industrial innovation goals
    • open work permits for up to five years for highly skilled workers in select in-demand occupations

Canada is trying to attract 10,000 H-1B visa holders.

  • 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.

“We’re enthusiastic about the ambitious goals we have set in immigration, because they aren’t just about numbers—they are strategic,” writes the Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship. “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.”

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