Retaining International Talent: Should We Look to Canada?

A New "Dear Sophie" Edition: Navigating Immigration for Tech Companies

This is another installment of “Dear Sophie,” a column dedicated to addressing immigration questions relevant to the technology sector.

Sophie Alcorn, a Silicon Valley immigration lawyer, emphasizes the importance of these inquiries. She states that these questions contribute to a broader understanding, empowering individuals globally to overcome geographical limitations and achieve their professional aspirations.

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Dear Sophie,

I provide people operations consulting services to several technology startups. A number of these companies employ individuals on OPT or STEM OPT who were not selected in the recent H-1B lottery.

These organizations are keen on retaining these employees, but are facing dwindling possibilities. While some will re-enter the H-1B lottery next year, the chances of success are slim, especially considering the potential shift to a wage-based selection process.

Others are exploring O-1A visas, but many employees currently lack the necessary experience to qualify. Is considering Canada a viable option?

— Specialist in Silicon Valley

Dear Specialist,

Our focus is on identifying innovative immigration strategies to assist U.S. employers in attracting and retaining international talent, and to help that talent realize their ambitions of working and living in the United States.

I have previously discussed various methods for U.S. tech startups to maintain their international team members within the country. One approach involves assisting employees in meeting the requirements for O-1A visas. Another is securing unlimited H-1B visas through nonprofit programs linked to universities.

However, some companies ultimately decide to relocate portions of their international workforce to Canada for remote work. Marc Pavlopoulos and I recently explored this topic on my podcast. Pavlopoulos, through his companies Syndesus and Path to Canada, supports both U.S. tech employers and international tech professionals when they exhaust U.S. immigration avenues.

Syndesus functions as a Canada-based remote employer, or Professional Employment Organization (PEO). It enables U.S. employers to retain international tech workers who no longer have viable visa or green card options, or who are frustrated by the lengthy wait times for U.S. green cards, particularly those from India.

U.S. companies without a Canadian office can transfer these workers to Canada with Syndesus’ assistance. Syndesus will employ these workers on behalf of the U.S. company, sponsoring them for a Canadian Global Talent Stream work visa.

Furthermore, Syndesus assists U.S. tech startups lacking a Canadian presence in finding and employing Canadian tech workers. Acting as an employer of record, Syndesus manages payroll, HR, benefits, stock options, and compliance with Canadian employment laws.

Pavlopoulos’ other venture, Path to Canada, concentrates on connecting international engineers and other tech talent in the U.S. – including those whose OPT or STEM OPT has expired – with employment opportunities in Canada, either with Canadian firms or the Canadian branches of U.S. companies.

These employees obtain a Global Talent Stream work visa and, eventually, Canadian permanent residency. Pavlopoulos plans to broaden Path to Canada’s reach to assist tech talent from across the globe in living and working in Canada.

“The discussions I’m having with U.S. tech companies center around establishing operations in Canada and transferring individuals who cannot remain in the U.S.,” Pavlopoulos stated.

Canada has streamlined the process for Canadian employers to hire tech talent through its Global Talent Stream program, launched in 2017. This program allows Canadian employers to expedite the hiring of international workers for specialized roles when qualified Canadian workers are unavailable.

This visa is comparable to the U.S. H-1B visa, but notably lacks quotas or a lottery system. While I am not a Canadian immigration lawyer, qualifying for a Global Talent Stream visa generally requires a job offer from a Canadian company, a technology-related degree, and at least one year of relevant tech experience.

“As an American, I am concerned about U.S. immigration policies,” Pavlopoulos commented, holding an MBA from Western University in Ontario and having worked in Toronto’s software and venture capital sectors. “The U.S. requires a work visa program similar to Canada’s, where a tech degree can secure a work visa in four to six weeks.”

Within two years of receiving a Global Talent Stream visa, most individuals become eligible for Canadian permanent residency, and within four years, most can apply for Canadian citizenship, Pavlopoulos added. Canadian citizenship can unlock further U.S. immigration pathways, such as the TN visa for Canadians and the E-2 visa.

I always recommend consulting with experienced immigration attorneys – both in the U.S. and Canada – to explore all available options for the startups you advise.

Thank you for your support of tech startups in attracting and retaining top global talent!

Sophie

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Please note that the information provided in “Dear Sophie” is for general informational purposes only and does not constitute legal advice. For details regarding the limitations of “Dear Sophie,” please review our complete disclaimer. You can reach Sophie directly at Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is available on all major podcast platforms. She is currently accepting applications for potential guests!