How to Attract Top
International Tech Talent
through Global Skills Strategy
Craig Natsuhara & Neil Spencer
July 20, 2017
► IRCC Global Skills Strategy
► Dedicated Service Channel for high potential / high growth
companies and for innovative companies
► Two week service standard for certain work permit (WP)
applications
► Short term WP exemption
► ESDC Global Talent Pilot Program
► Dedicated Service Channel for innovative companies scaling up
and growing
► GT Category A for highly specialized TFWs
► *** GT Category B for occupations on Global Talent Occupations
List
Global Skills Strategy, effective June 12, 2017
► Ideal time for tech and other types of companies to
consider expanding to Canada:
► Pendulum has been swinging to facilitative side since 2014 TFWP
Overhaul
► IRCC and ESDC have been willing to listen to stakeholders and
make changes to WP and LMIA requirements and processes
► Tech and other types of companies, immigration lawyers, industry
associations and provincial government in BC have advocated for
solutions to address LMIA concerns since June 15, 2015
History of Global Skills Strategy in BC
► Canada Border Services Agency (CBSA)
► Vancouver International Airport and Douglas “Peace Arch” /
Pacific Highway “Truck” border crossings are facilitative and fair
► Border crossings are only an hour from downtown
► Service Canada
► Vancouver office is one of the more reasonable and accessible
offices nationally
► Competent management who supervise prairie region
► Immigration Canada (IRCC)
► Local Employer Liaison Officer is helpful and friendly. New ELO
in early August
► BC Provincial Nominee Program (BC PNP)
► Most progressive PNP in Canada
► Accessible management
Why Vancouver from an Immigration Perspective
► Reduce processing times from 10+ weeks for some visa
offices. Does not include time for submitting passport
after receive approval notice (1-2 weeks)
► WP applications must be either
► employer-specific LMIA-exempt WP applications under
occupation skill type 0 (managerial) and skill level A (university
education), or
► LMIA-supported WP applications where the LMIA is issued under
the new Global Talent Streams
► Categories not eligible include IEC (e.g., working holiday
and young professional), post-graduation, and bridging
since they are not employer-specific
Two week service standard for certain WP applications
► Includes accompanying family (spouse, common-law
partner, dependent children) applying at same time
► Applicant must be outside Canada, so can’t be used for
TFWs in Canada at time of application
► Application must be submitted online, not mailed or
submitted in person through Visa Application Centre
► TIP – ensure application is complete or will be dealt with
in regular queue by a visa office
► Need Employer Portal for LMIA-exempt WP applications. Offer of
Employment and Employer Compliance Fee required
► Don’t forget educational credentials and proof of work experience
► Upfront medical exam and biometric fees to be included
Two week service standard for certain WP applications
► To facilitate short-term, inter-company work exchanges
and the entrance of temporary expertise by allowing
admission at ports of entry without a WP
► Benefits – don’t have to qualify for a WP category, and
don’t have to apply for an LMIA / submit an Offer of
Employment in advance of coming to Canada
► The TFW can work up to 15/30 consecutive calendar
days. To be eligible again, six/12 months must pass
since first day of work when exemption was last used
► 15 & 30 days treated as two different exemptions, so can use
each one separately
Short term work permit exemption
► Requirement - work falls within occupation skill type 0
(managerial) or skill level A (university education)
► TFW can not enter Canada multiple times during the 15
or 30 day period:
► If they leave Canada and need to return within the 30 day period,
they will have to qualify for the second exemption, a different WP
exemption like the business visitor category, or a WP
► Similarly, if TFW needs to work beyond 30 days, they
may be able to go to a port of entry and request the
second exemption, otherwise they will need to qualify for
a different WP exemption like the business visitor
category or for a WP
Short term work permit exemption
► If the TFW will need to be on Canadian payroll, s/he
should request a visitor record rather than just an entry
stamp. Otherwise may not be able to get a Social
Insurance Number
► TIP - to facilitate efficient assessment by CBSA, suggest
a concise, one page back pocket letter from the Canadian
host or foreign source organization
Short term work permit exemption
► Benefits:
► Account managers to help employers, including monitoring
complex or urgent WP and LMIA cases and trouble shooting
► Access to recruitment-exempt GT LMIA Category A for highly
specialized TFWs
► Must be referred by a DSC Designated Referral Partner
► Vancouver Economic Commission
► Global Affairs Canada’s Trade Commissioner Service
► BC Tech Association - online Immigration Referral Request
questionnaire http://
wearebctech.com/talent/bc-tech-immigration-support-programs
ESDC & IRCC Dedicated Service Channel for
innovative companies scaling up and growing
► Eligibility criteria for both IRCC & ESDC as an “Innovative
Company”:
► Company operating in Canada – incorporate subsidiary
► Focus on innovation for new Canadian operations
► Innovative business model, including innovative marketing strategies
► R&D capacity, or
► Commercialization of IP, such as patents or trademarks
► Foreign company has willingness to grow
► Average annualized growth greater than 10% per annum based on
revenue or number of employees, or
► Annual revenues of more than $3 million over three years
► Significant investment of $5 million or more
ESDC & IRCC Dedicated Service Channel for
innovative companies scaling up and growing
► Eligibility criteria for both IRCC & ESDC as an “Innovative
Company”:
► Foreign company seeking, and will have ability, to scale up in
Canada
► Established market fit – e.g., product or service tested on the market
► Achievable business plan with HR strategy
► Competitive technical / business intelligence capacity
► Achievable financial plan with investors or funding
► Verified financial statements in good standing
► Strong management team with a professional board, or
► Plan to sell internationally from Canadian operations
ESDC & IRCC Dedicated Service Channel for
innovative companies scaling up and growing
► Eligibility criteria for both IRCC & ESDC as an “Innovative
Company”:
► Identified a specific foreign worker, as indicated by readiness to
hire in support of Canadian operations:
► Immediate need
► Project or plans expected to materialize, or
► Employment expected within six months according to project or plans
If don’t need to use LMIA GT Category A or B or make any WP
applications within six months, may need to wait to request
referral
ESDC & IRCC Dedicated Service Channel for
innovative companies scaling up and growing
► Benefit - account managers to help employers, including
monitoring complex or urgent WP cases and trouble
shooting
► Eligibility criteria as “High Potential / High Growth”:
► Start-up company (e.g., incorporate subsidiary) or existing
company operating in Canada
► Existing company has proven market acceptance and capacity for
accelerated growth and will pursue a new endeavour for operations
► Company will make a “significant investment” in Canada that will
result in a substantial improvement to the Canadian,
provincial/territorial, regional or local labour market or economy,
without displacing jobs for Canadians
► Unlike DSC for both IRCC & ESDC, not limited to companies
focussing on innovation, R&D or commercialization of IP
IRCC Dedicated Service Channel for high potential /
high growth companies
► Regular LMIA category for high wage positions
► Requires demonstration of Canadian recruitment, i.e., four week
advertising on three recruitment media and demonstrating that
there are no qualified Canadian candidates
► Benefits compared to regular LMIA category:
► Canadian recruitment not scrutinized closely and advertising does
not need to meet stringent Service Canada requirements
► Priority processing of LMIA and WP applications, both within 10
business days
► May not include time to process upfront medicals or biometrics
► Where feasible, still consider WP application at POE
► TIP - Still need to submit complete LMIA and WP
applications, so don’t take short cuts
Global Talent Categories A & B
► Need for highly specialized global talent. Criteria:
► Advanced knowledge of the industry
► Advanced degree in an area of specialization of interest to
employer, or
► Minimum of five years of experience in field of specialized
experience, and
► Minimum salary equal to highest of:
► $80,000 per year (~$38.46 an hour, based on 40 hours a week)
► Job Bank median wage for occupation for the region, or
► Within wage range for current employees in same job with the same
skills and years of experience and in same work location
Global Talent Category A for highly specialized TFWs
► For key high-skilled occupations that are experiencing a
labour market shortage:
Global Talent Category B for Global Talent
occupations
NOC
code
Occupation
Minimum wage
(annual salary)
Minimum wage
(hourly rate)
0213 Computer and information systems managers not applicable not applicable
2147 Computer engineers (except software engineers and designers) not applicable not applicable
2171 Information systems analysts and consultants not applicable not applicable
2172 Database analysts and data administrators not applicable not applicable
2173 Software engineers and designers not applicable not applicable
2174 Computer programmers and interactive media developers not applicable not applicable
2175 Web designers and developers not applicable not applicable
2241 Electrical and electronics engineering technologists and technicians $81,000 $38.94
2283 Information systems testing technicians $78,000 $37.50
Sub-set
of 5241*
Digital Media and Design
*position requires a minimum of five years of industry experience, and skills requirements
including: 3D modeling, virtual and augmented reality; animation, level editing, editor and
pipeline software and tools in applicable industry; other specialized knowledge of software
framework in applicable industry (for example, Unreal 3.0); and/or, experience in planning
and managing a project.
$80,000 $38.46
► Allows employer to hire or transfer foreign workers who
do not qualify under an LMIA-exempt category like
NAFTA Professional, intra-company transferee, etc.
► Prevailing median wages in Vancouver:
► NOC 0213 Computer and information systems managers = $43.96 / hour
► NOC 2147 Computer engineers = $40.50
► NOC 2171 Info Systems Analysts = $37.00
► NOC 2172 Database Analysts and Data Administrators = $31.25
► NOC 2173 Software Engineers and Designers = $37.96
► NOC 2174 Computer programmers and interactive media developers =
$38.46
Global Talent Category B for Global Talent
occupations
► International Experience Canada: Working Holiday and
Young Professional
► Spouse of worker or student
► Francophone
► Free Trade Agreement Professionals – US, Mexico,
Chile, Peru, Colombia – employer driven
► Intra-company Transferee – employer driven
► Reciprocal Employment – employer driven
► Significant Benefits – employer driven
Other LMIA-exempt WP categories still available
Page 20
Questions
Craig Natsuhara Neil Spencer
craig.k.natsuhara@ca.ey.com
neil.h.spencer@ca.ey.com

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E & Y Global Skills Strategy

  • 1. How to Attract Top International Tech Talent through Global Skills Strategy Craig Natsuhara & Neil Spencer July 20, 2017
  • 2. ► IRCC Global Skills Strategy ► Dedicated Service Channel for high potential / high growth companies and for innovative companies ► Two week service standard for certain work permit (WP) applications ► Short term WP exemption ► ESDC Global Talent Pilot Program ► Dedicated Service Channel for innovative companies scaling up and growing ► GT Category A for highly specialized TFWs ► *** GT Category B for occupations on Global Talent Occupations List Global Skills Strategy, effective June 12, 2017
  • 3. ► Ideal time for tech and other types of companies to consider expanding to Canada: ► Pendulum has been swinging to facilitative side since 2014 TFWP Overhaul ► IRCC and ESDC have been willing to listen to stakeholders and make changes to WP and LMIA requirements and processes ► Tech and other types of companies, immigration lawyers, industry associations and provincial government in BC have advocated for solutions to address LMIA concerns since June 15, 2015 History of Global Skills Strategy in BC
  • 4. ► Canada Border Services Agency (CBSA) ► Vancouver International Airport and Douglas “Peace Arch” / Pacific Highway “Truck” border crossings are facilitative and fair ► Border crossings are only an hour from downtown ► Service Canada ► Vancouver office is one of the more reasonable and accessible offices nationally ► Competent management who supervise prairie region ► Immigration Canada (IRCC) ► Local Employer Liaison Officer is helpful and friendly. New ELO in early August ► BC Provincial Nominee Program (BC PNP) ► Most progressive PNP in Canada ► Accessible management Why Vancouver from an Immigration Perspective
  • 5. ► Reduce processing times from 10+ weeks for some visa offices. Does not include time for submitting passport after receive approval notice (1-2 weeks) ► WP applications must be either ► employer-specific LMIA-exempt WP applications under occupation skill type 0 (managerial) and skill level A (university education), or ► LMIA-supported WP applications where the LMIA is issued under the new Global Talent Streams ► Categories not eligible include IEC (e.g., working holiday and young professional), post-graduation, and bridging since they are not employer-specific Two week service standard for certain WP applications
  • 6. ► Includes accompanying family (spouse, common-law partner, dependent children) applying at same time ► Applicant must be outside Canada, so can’t be used for TFWs in Canada at time of application ► Application must be submitted online, not mailed or submitted in person through Visa Application Centre ► TIP – ensure application is complete or will be dealt with in regular queue by a visa office ► Need Employer Portal for LMIA-exempt WP applications. Offer of Employment and Employer Compliance Fee required ► Don’t forget educational credentials and proof of work experience ► Upfront medical exam and biometric fees to be included Two week service standard for certain WP applications
  • 7. ► To facilitate short-term, inter-company work exchanges and the entrance of temporary expertise by allowing admission at ports of entry without a WP ► Benefits – don’t have to qualify for a WP category, and don’t have to apply for an LMIA / submit an Offer of Employment in advance of coming to Canada ► The TFW can work up to 15/30 consecutive calendar days. To be eligible again, six/12 months must pass since first day of work when exemption was last used ► 15 & 30 days treated as two different exemptions, so can use each one separately Short term work permit exemption
  • 8. ► Requirement - work falls within occupation skill type 0 (managerial) or skill level A (university education) ► TFW can not enter Canada multiple times during the 15 or 30 day period: ► If they leave Canada and need to return within the 30 day period, they will have to qualify for the second exemption, a different WP exemption like the business visitor category, or a WP ► Similarly, if TFW needs to work beyond 30 days, they may be able to go to a port of entry and request the second exemption, otherwise they will need to qualify for a different WP exemption like the business visitor category or for a WP Short term work permit exemption
  • 9. ► If the TFW will need to be on Canadian payroll, s/he should request a visitor record rather than just an entry stamp. Otherwise may not be able to get a Social Insurance Number ► TIP - to facilitate efficient assessment by CBSA, suggest a concise, one page back pocket letter from the Canadian host or foreign source organization Short term work permit exemption
  • 10. ► Benefits: ► Account managers to help employers, including monitoring complex or urgent WP and LMIA cases and trouble shooting ► Access to recruitment-exempt GT LMIA Category A for highly specialized TFWs ► Must be referred by a DSC Designated Referral Partner ► Vancouver Economic Commission ► Global Affairs Canada’s Trade Commissioner Service ► BC Tech Association - online Immigration Referral Request questionnaire http:// wearebctech.com/talent/bc-tech-immigration-support-programs ESDC & IRCC Dedicated Service Channel for innovative companies scaling up and growing
  • 11. ► Eligibility criteria for both IRCC & ESDC as an “Innovative Company”: ► Company operating in Canada – incorporate subsidiary ► Focus on innovation for new Canadian operations ► Innovative business model, including innovative marketing strategies ► R&D capacity, or ► Commercialization of IP, such as patents or trademarks ► Foreign company has willingness to grow ► Average annualized growth greater than 10% per annum based on revenue or number of employees, or ► Annual revenues of more than $3 million over three years ► Significant investment of $5 million or more ESDC & IRCC Dedicated Service Channel for innovative companies scaling up and growing
  • 12. ► Eligibility criteria for both IRCC & ESDC as an “Innovative Company”: ► Foreign company seeking, and will have ability, to scale up in Canada ► Established market fit – e.g., product or service tested on the market ► Achievable business plan with HR strategy ► Competitive technical / business intelligence capacity ► Achievable financial plan with investors or funding ► Verified financial statements in good standing ► Strong management team with a professional board, or ► Plan to sell internationally from Canadian operations ESDC & IRCC Dedicated Service Channel for innovative companies scaling up and growing
  • 13. ► Eligibility criteria for both IRCC & ESDC as an “Innovative Company”: ► Identified a specific foreign worker, as indicated by readiness to hire in support of Canadian operations: ► Immediate need ► Project or plans expected to materialize, or ► Employment expected within six months according to project or plans If don’t need to use LMIA GT Category A or B or make any WP applications within six months, may need to wait to request referral ESDC & IRCC Dedicated Service Channel for innovative companies scaling up and growing
  • 14. ► Benefit - account managers to help employers, including monitoring complex or urgent WP cases and trouble shooting ► Eligibility criteria as “High Potential / High Growth”: ► Start-up company (e.g., incorporate subsidiary) or existing company operating in Canada ► Existing company has proven market acceptance and capacity for accelerated growth and will pursue a new endeavour for operations ► Company will make a “significant investment” in Canada that will result in a substantial improvement to the Canadian, provincial/territorial, regional or local labour market or economy, without displacing jobs for Canadians ► Unlike DSC for both IRCC & ESDC, not limited to companies focussing on innovation, R&D or commercialization of IP IRCC Dedicated Service Channel for high potential / high growth companies
  • 15. ► Regular LMIA category for high wage positions ► Requires demonstration of Canadian recruitment, i.e., four week advertising on three recruitment media and demonstrating that there are no qualified Canadian candidates ► Benefits compared to regular LMIA category: ► Canadian recruitment not scrutinized closely and advertising does not need to meet stringent Service Canada requirements ► Priority processing of LMIA and WP applications, both within 10 business days ► May not include time to process upfront medicals or biometrics ► Where feasible, still consider WP application at POE ► TIP - Still need to submit complete LMIA and WP applications, so don’t take short cuts Global Talent Categories A & B
  • 16. ► Need for highly specialized global talent. Criteria: ► Advanced knowledge of the industry ► Advanced degree in an area of specialization of interest to employer, or ► Minimum of five years of experience in field of specialized experience, and ► Minimum salary equal to highest of: ► $80,000 per year (~$38.46 an hour, based on 40 hours a week) ► Job Bank median wage for occupation for the region, or ► Within wage range for current employees in same job with the same skills and years of experience and in same work location Global Talent Category A for highly specialized TFWs
  • 17. ► For key high-skilled occupations that are experiencing a labour market shortage: Global Talent Category B for Global Talent occupations NOC code Occupation Minimum wage (annual salary) Minimum wage (hourly rate) 0213 Computer and information systems managers not applicable not applicable 2147 Computer engineers (except software engineers and designers) not applicable not applicable 2171 Information systems analysts and consultants not applicable not applicable 2172 Database analysts and data administrators not applicable not applicable 2173 Software engineers and designers not applicable not applicable 2174 Computer programmers and interactive media developers not applicable not applicable 2175 Web designers and developers not applicable not applicable 2241 Electrical and electronics engineering technologists and technicians $81,000 $38.94 2283 Information systems testing technicians $78,000 $37.50 Sub-set of 5241* Digital Media and Design *position requires a minimum of five years of industry experience, and skills requirements including: 3D modeling, virtual and augmented reality; animation, level editing, editor and pipeline software and tools in applicable industry; other specialized knowledge of software framework in applicable industry (for example, Unreal 3.0); and/or, experience in planning and managing a project. $80,000 $38.46
  • 18. ► Allows employer to hire or transfer foreign workers who do not qualify under an LMIA-exempt category like NAFTA Professional, intra-company transferee, etc. ► Prevailing median wages in Vancouver: ► NOC 0213 Computer and information systems managers = $43.96 / hour ► NOC 2147 Computer engineers = $40.50 ► NOC 2171 Info Systems Analysts = $37.00 ► NOC 2172 Database Analysts and Data Administrators = $31.25 ► NOC 2173 Software Engineers and Designers = $37.96 ► NOC 2174 Computer programmers and interactive media developers = $38.46 Global Talent Category B for Global Talent occupations
  • 19. ► International Experience Canada: Working Holiday and Young Professional ► Spouse of worker or student ► Francophone ► Free Trade Agreement Professionals – US, Mexico, Chile, Peru, Colombia – employer driven ► Intra-company Transferee – employer driven ► Reciprocal Employment – employer driven ► Significant Benefits – employer driven Other LMIA-exempt WP categories still available
  • 20. Page 20 Questions Craig Natsuhara Neil Spencer craig.k.natsuhara@ca.ey.com neil.h.spencer@ca.ey.com

Editor's Notes

  • #16: “Canadian recruitment not scrutinized closely” – revised from “Waive demonstration of Canadian recruitment” based on recent insight from Peter Rekai for Ontario: July 17, 2017 I had  a chat with John Chua, Manager, Ontario Region TFWU regarding  recruitment /advertising expectations when reviewing  applications for GSS category A or B (occupations stream) LMIA applications.   He confirmed there is no  “30 day/ advertising on 3 sites” requirement under either GSS stream. However, he does expect some indication that the employer has made various efforts at domestic recruitment. These efforts can vary depending on the nature of the position, but may include ads, job fairs, college campus visits, recruiting firms etc. Also considered will be evidence of  special or proprietary one-off skill sets  that are unlikely to be duplicated domestically and therefore do not really merit advertising .   John stressed that the Category B list of highlighted tech occupations does not represent acknowledged skill shortage occupations  as in the Quebec advertising- exempt models.  Service Canada still expects a rationale (as above) as to why local recruitment did not (or would not) produce the desired candidate.   I was reminded several times that the overall focus of GSS-LMIAs , as opposed to regular LMIA applications, is on expanding the employer’s growth potential  and to benefit the labour market in general. (The kind of stuff I used to put in my regular LMIA submissions, but was told no longer mattered).