Hiring Global Tech Talent in Canada: Current Options for Employers

Canada’s 2023 open work permit for U.S. H-1B visa holders is closed. Canadian employers can no longer treat it as an available route for recruiting engineers, developers or other technology professionals from the United States.

Employers can still recruit technology talent internationally, but the available routes have different eligibility requirements, processing stages and employer obligations. A workable hiring plan must distinguish between candidates who already hold Canadian work authorization and candidates who need an employer-supported permit.

What Happened to Canada’s H-1B Open Work Permit?

Canada launched a temporary open-work-permit initiative for certain U.S. H-1B visa holders on July 16, 2023. Eligible applicants could apply for an open work permit valid for up to three years, allowing them to work for most Canadian employers.

The initiative reached its cap of 10,000 principal applications on July 17, 2023. It has not reopened. The deadline for eligible family members to apply for an open work permit under the associated public policy expired on September 26, 2024.

Some people who received permits through the initiative may still hold valid Canadian work authorization. An employer can consider those candidates if their permits remain valid, but the program is not a route through which new candidates can apply today.

Employers should verify each candidate’s current work authorization rather than assuming that U.S. H-1B status creates eligibility to work in Canada.

Immigration, Refugees and Citizenship Canada confirms that the H-1B initiative is closed.

Why U.S.-Based Technology Professionals May Still Consider Canada

The closure of the H-1B initiative does not eliminate U.S.-based professionals from the Canadian candidate market. Some technology workers may consider Canada after a layoff, when evaluating long-term immigration options or when pursuing a role unavailable in their current market.

H-1B workers in the United States are not universally prevented from changing jobs. Eligible workers may be able to move to another U.S. employer after that employer files the required petition. However, H-1B status remains connected to an employer-sponsored immigration process, and job loss can create immediate timing and status concerns.

Canada may be one option, but a candidate still needs an applicable Canadian immigration route. A Canadian job offer does not automatically provide the right to enter or work in Canada.

For employers, that means candidate sourcing and immigration eligibility must be evaluated separately:

• Does the person meet the technical and professional requirements?
• Does the person already have valid Canadian work authorization?
• If not, is an employer-supported work-permit route available?
• What must the employer complete before the candidate applies?
• Does the hiring timeline allow for both employer and worker processing?

GRE can help employers recruit technology professionals internationally. Immigration eligibility and application strategy should be confirmed by the employer and candidate with an authorized Canadian immigration professional.

The Global Talent Stream

The Global Talent Stream is one of Canada’s principal options for employers seeking certain highly skilled temporary foreign workers. It is part of the Temporary Foreign Worker Program and normally requires the employer to obtain a Labour Market Impact Assessment.

The stream has two categories.

Category A: Unique and specialized talent

Category A may apply when a designated referral partner refers an eligible Canadian company seeking an individual with unique and specialized talent.

The employer and position must satisfy the program’s requirements. A company cannot use Category A merely because a role is senior, technical or difficult to fill.

Category B: Occupations on the Global Talent Occupations List

Category B may apply when an employer is hiring for an occupation included on the current Global Talent Occupations List. A designated referral is not required, but the position, compensation and employer must meet the program requirements.

Employers using either category must develop a Labour Market Benefits Plan. That plan records the employer’s commitments to activities intended to produce lasting benefits for the Canadian labour market, such as increasing skills development, creating employment or transferring knowledge.

Employers must also satisfy business-legitimacy, wage, recruitment, recordkeeping and compliance requirements.

Employment and Social Development Canada publishes the current Global Talent Stream requirements.

What “Two-Week Processing” Actually Means

The phrase “two-week processing” is often used too loosely.

A Global Talent Stream hire can involve at least two separate government processes:

1. The employer applies for a Labour Market Impact Assessment through the Global Talent Stream.
2. After receiving a positive LMIA, the worker applies for a Canadian work permit.

Employment and Social Development Canada aims to process Global Talent Stream LMIA applications within 10 business days in 80% of cases. This is a service standard, not guaranteed approval within 10 days.

Immigration, Refugees and Citizenship Canada separately aims to process eligible and complete work-permit applications under the Global Skills Strategy within two weeks. The worker must meet the eligibility rules and submit all required documents. Incomplete or complex applications can take longer.

Employers should therefore avoid promising a candidate that the entire hiring process will be completed in two weeks. The practical timeline may also include:

• Preparing the employer’s application
• Developing the Labour Market Benefits Plan
• Obtaining supporting documents
• Receiving the LMIA decision
• Completing the worker’s application
• Providing biometrics or medical examinations, when required
• Arranging relocation and onboarding

The government’s expedited standards can reduce processing time, but they do not eliminate these steps.

Review the Global Talent Stream’s current service standards.

Can Employers Hire Tech Workers Without an LMIA?

Some foreign workers can be hired without an LMIA, but there is no general LMIA exemption for technology roles.

LMIA-exempt hiring usually occurs through the International Mobility Program. An exemption must be based on a specific provision, public policy, international agreement or recognized Canadian-interest category. A job does not become LMIA-exempt simply because it involves software, engineering, artificial intelligence or another in-demand skill.

For many employer-specific LMIA-exempt permits, the employer must:

• Submit an offer of employment through the Employer Portal
• Pay the applicable employer compliance fee
• Give the resulting offer-of-employment number to the worker
• Employ the worker under the terms submitted
• Retain required records and comply with inspection requirements

The employer’s obligations may be different when a candidate already holds a valid open work permit. In that situation, the employer generally does not need an LMIA or Employer Portal submission for that particular hire. The employer must still verify the permit, its expiration date and any restrictions.

IRCC explains how employers hire through the International Mobility Program.

Open and Employer-Specific Work Permits Are Not Interchangeable

An open work permit generally allows its holder to work for most Canadian employers, subject to any restrictions printed on the permit.

An employer-specific work permit limits the worker to the employer, occupation, location or other conditions stated on the document. A worker cannot assume that filing a permanent-residence application removes those restrictions.

Before setting a start date, an employer should confirm:

• The type of permit
• The authorized employer, if one is named
• Any occupational or medical restrictions
• The permit’s expiration date
• Whether the person is currently authorized to work
• Whether a pending extension allows continued work under maintained status

Submitting a permanent-residence application does not, by itself, give someone permission to work in Canada. Some applicants may qualify for a bridging open work permit or may continue working under maintained status, but those are separate legal conditions that must be confirmed for the individual.

What About Digital Nomads?

Canada’s Tech Talent Strategy promoted the ability of some digital nomads to stay in Canada under visitor status for up to six months while working remotely for themselves or an employer outside Canada.

This was not a Canadian work-permit program. It did not create a general right for visitors to take employment with a Canadian company.

Employers should not treat digital-nomad visitor status as a shortcut for placing a foreign worker into a Canadian role. If the person will enter the Canadian labour market, the employer and worker must determine whether a work permit is required and which route applies.

Permanent Residence Is a Separate Process

Temporary work authorization and permanent residence are related in some cases, but one does not guarantee the other.

Express Entry manages applications under several federal economic immigration programs. Candidates who meet the minimum requirements can create a profile and enter the Express Entry pool. They are then ranked using the Comprehensive Ranking System.

Entering the pool does not guarantee an invitation to apply. Invitations depend on the candidate’s score, the type of selection round and the categories prioritized by the government.

Canada’s 2026 Express Entry categories include science, technology, engineering and mathematics occupations. A technology professional must still satisfy the applicable program and category requirements and rank competitively within the relevant pool.

IRCC processes most complete Express Entry permanent-residence applications within six months, but that measurement begins after the applicant receives an invitation and submits a complete application. It does not include the time spent becoming eligible, improving a score or waiting for an invitation.

Provincial Nominee Programs may provide another potential route. Requirements vary by province and stream, and a nomination is not automatic merely because an applicant works in technology.

IRCC publishes the current Express Entry categories and eligibility rules.

Family Work and Study Rights Depend on Eligibility

Employers should not promise that every accompanying spouse will receive an open work permit or that every child will automatically receive study authorization.

Since January 21, 2025, family open-work-permit eligibility has been limited. Some spouses or common-law partners of foreign workers may qualify depending on the principal worker’s occupation, permit validity and immigration pathway. Dependent children generally no longer qualify for open work permits under the broad family-member measure.

Visitor visas, study permits and work permits are separate applications. Eligibility, documentation and processing should be assessed for each family member.

Relocation discussions should address these questions early. A candidate may reject an otherwise suitable offer if a spouse cannot work, a child’s study status is unresolved or the family cannot relocate within the employer’s required timeline.

IRCC provides the current family open-work-permit rules.

The Start-up Visa Program Is Paused

Canada’s Start-up Visa Program should not be presented as a currently open route for new applicants.

IRCC stopped accepting new commitment certificates after December 31, 2025. Applicants who already held qualifying 2025 certificates had until June 30, 2026, to apply. The program is now paused for new applications while previously accepted cases continue to be processed.

The program was designed for qualifying entrepreneurs supported by designated organizations. It was not a general work-permit or permanent-residence route for employees hired by Canadian technology companies.

Review the current Start-up Visa program status.

Building a Defensible International Tech Hiring Plan

The immigration route should not be chosen after a finalist accepts an offer. Employers should identify their realistic hiring options before recruitment begins.

1. Define the role

Establish the duties, required experience, salary range, work location and expected start date. Confirm the correct occupational classification rather than relying on a broad label such as “software engineer” or “AI specialist.”

2. Decide which candidates the company can consider

Determine whether the search will include:

• Candidates already authorized to work in Canada
• Candidates requiring employer-supported work permits
• Candidates seeking permanent relocation
• Remote workers remaining outside Canada
• Canadian citizens or permanent residents currently living abroad

Each group creates a different employment, immigration, payroll and onboarding process.

3. Test the immigration route before making promises

An employer should not advertise a “two-week visa,” guaranteed permanent residence, automatic spousal work rights or an LMIA exemption without first confirming that the particular employer, position and candidate qualify.

Where immigration advice is required, employers and candidates should consult an authorized Canadian immigration professional.

4. Build the actual processing time into recruitment

The hiring plan should allow time for employer filings, government decisions, document collection, notice periods and relocation. A fast government service standard does not necessarily produce an immediate start date.

5. Keep recruitment and immigration decisions aligned

Recruiters should understand which locations, permits and sponsorship arrangements the employer is willing to consider. That prevents the hiring team from spending time on candidates who cannot lawfully or practically take the position.

If your company is uncertain whether an international search is appropriate, submit the job description for an initial recruitment assessment.