In an effort to augment its technological sector, the Canadian government, under the banner of its Tech Talent Strategy, is launching an exclusive open work permit stream for U.S. H-1B specialty occupation visa holders. This initiative, slated to commence on July 16, 2023, promises to offer up to 10,000 of these highly-skilled professionals a flexible work permit to work in Canada, for up to three years. Spouses and dependents of the principal applicants would not be counted towards the 10,000 number, and would also eligible to apply for temporary Canadian resident visas, including work or study permits, as required.
The Tech Talent Strategy, while a significant step forward, still lacks key details and presents certain restrictions. The program is currently set to run for a year or until it hits the ceiling of only 10,000 applications. A noteworthy omission in the Canadian strategy is the non-inclusion of F-1 OPT STEM workers in this initiative. This demographic, a significant number of whom have earned their STEM Master’s degrees from U.S. institutions – could have been a substantial asset to the Canadian tech sector. The integration of these innovative, committed professionals could have presented Canada with the opportunity not only to tap into a significant reservoir of young and motivated individuals but also to potentially secure their lifelong loyalty, as many have been consistently overlooked for H-1B visas due to the fraud-riddled quagmire that the Fiscal Year H-1B Cap lottery process has devolved into, thanks to its ill-conceived “digital” transition under the outgoing Trump Administration.
The unveiling of Canada’s Tech Talent Strategy highlights the shortcomings of the U.S.’s immigration policy, especially regarding the attraction and retention of highly skilled tech professionals. Our own policy continues to be entangled in a web of bureaucratic complexities as well as archaic measures and quotas, leading to insufficient H-1B quota numbers and prolonged green card waiting periods, which disproportionately impact Indian nationals.
Our own purported “merit-based” immigration policy, amounting to a mere 15% of all U.S. green cards issued annually, is woefully inadequate, allocating a meager 2,000 or 2,500 green cards to Indian professionals each year, including their spouses and children under 21. Meanwhile, a staggering backlog of approximately 900,000 other Indian applicants remains in agonizing limbo, condemned to endure a wait that is projected to extend for decades.
These extensive processing times, particularly for the very individuals who make monumental contributions to the U.S. Tech Sector’s triumph, not only repel talent but also serve as an unequivocal testament to a system in dire need of comprehensive reform. The stark disparity between our policy and those implemented by other nations underscores the pressing urgency for immigration reform in the U.S.
The U.S. Immigration Law Blog by Ashwin Sharma 
Canada’s Tech Talent Strategy: A Model for Reform in the U.S. Immigration System
In an effort to augment its technological sector, the Canadian government, under the banner of its Tech Talent Strategy, is launching an exclusive open work permit stream for U.S. H-1B specialty occupation visa holders. This initiative, slated to commence on July 16, 2023, promises to offer up to 10,000 of these highly-skilled professionals a flexible work permit to work in Canada, for up to three years. Spouses and dependents of the principal applicants would not be counted towards the 10,000 number, and would also eligible to apply for temporary Canadian resident visas, including work or study permits, as required.
The Tech Talent Strategy, while a significant step forward, still lacks key details and presents certain restrictions. The program is currently set to run for a year or until it hits the ceiling of only 10,000 applications. A noteworthy omission in the Canadian strategy is the non-inclusion of F-1 OPT STEM workers in this initiative. This demographic, a significant number of whom have earned their STEM Master’s degrees from U.S. institutions – could have been a substantial asset to the Canadian tech sector. The integration of these innovative, committed professionals could have presented Canada with the opportunity not only to tap into a significant reservoir of young and motivated individuals but also to potentially secure their lifelong loyalty, as many have been consistently overlooked for H-1B visas due to the fraud-riddled quagmire that the Fiscal Year H-1B Cap lottery process has devolved into, thanks to its ill-conceived “digital” transition under the outgoing Trump Administration.
The unveiling of Canada’s Tech Talent Strategy highlights the shortcomings of the U.S.’s immigration policy, especially regarding the attraction and retention of highly skilled tech professionals. Our own policy continues to be entangled in a web of bureaucratic complexities as well as archaic measures and quotas, leading to insufficient H-1B quota numbers and prolonged green card waiting periods, which disproportionately impact Indian nationals.
Our own purported “merit-based” immigration policy, amounting to a mere 15% of all U.S. green cards issued annually, is woefully inadequate, allocating a meager 2,000 or 2,500 green cards to Indian professionals each year, including their spouses and children under 21. Meanwhile, a staggering backlog of approximately 900,000 other Indian applicants remains in agonizing limbo, condemned to endure a wait that is projected to extend for decades.
These extensive processing times, particularly for the very individuals who make monumental contributions to the U.S. Tech Sector’s triumph, not only repel talent but also serve as an unequivocal testament to a system in dire need of comprehensive reform. The stark disparity between our policy and those implemented by other nations underscores the pressing urgency for immigration reform in the U.S.
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Tags: Canadian Immigration, H-1B, H-1B Cap, H-1B Quota