ESDC s Global Talent Stream

Transcription

1 ESDC s Global Talent Stream CERC Immigration Symposium Craig Natsuhara, EY Law LLP February 28, 2018 Vancouver, BC

2 ESDC Global Talent Pilot Program 1. Dedicated Service Channel for innovative companies scaling up and growing 2. GT Category A for highly specialized TFWs 3. GT Category B for occupations on Global Talent Occupations List a) including proposed 2018 update to Occupations List

3 History of Global Skills Strategy in BC Tech companies, immigration lawyers, industry associations and BC government have advocated for solutions to address LMIA concerns since June 15, 2015 GSS introduced June 12, 2017 ESDC roundtables in Vancouver for tech and for digital media on February 1, 2018, including soliciting feedback by March 16, 2018

4 ESDC Dedicated Service Channel for innovative companies scaling up and growing Recall benefits: Account managers to help employers, including monitoring complex or urgent cases and trouble shooting Access to recruitment-exempt GT Category A for highly specialized TFWs Employer must be referred by a DSC Designated Referral Partner BC Tech Association - online Immigration Referral Request questionnaire Vancouver Economic Commission - Courtney Crichton, ccrichton@vancouvereconomic.com Global Affairs Canada s Trade Commissioner Service e.g., Lewis Coughlin, Consulate General of Canada in Seattle lewis.coughlin@international.gc.ca

5 ESDC Dedicated Service Channel for innovative companies scaling up and growing Recall eligibility criteria, including: Focus on innovation Commercialization of IP, such as patents or trademarks R&D capacity, or Innovative business model Company seeking to scale up Established market fit Achievable business plan Plan to sell internationally Competitive technical / business intelligence capacity Achievable financial plan with investors or funding Verified financial statements in good standing, or Strong management team with a professional board

6 ESDC Dedicated Service Channel for innovative companies scaling up and growing DSC Account Manager assigned to referred company Positive feedback from referred companies As of Feb 1, 72% of employers referred were referred by private sector Partners IRCC DSC - can follow up with visa office if matter has been overlooked, e.g., approved TFW but not accompanying child Doesn t mean employers can take shortcuts when preparing LMIA applications

7 GTS Categories A & B Recall benefits compared to regular LMIA category for high wage positions: Waive standard recruitment requirements, i.e., four week advertising on three recruitment media and demonstrating that there are no qualified Canadian candidates. More predictable process and faster in terms of pre-application preparation Priority processing of LMIA and work permit applications, both within 10 business days Service standard for LMIA application being met 95% of the time Labour Market Benefits Plan (LMBP) will require brainstorming

8 GTS Category A for highly specialized TFWs Recall 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: Job Bank median wage for occupation for the region Within wage range for current employees in same job with the same skills and years of experience and in same work location, or $80,000 per year As of Feb 1: Vast majority of Category A applications from BC Employers are using Category A where occupation is not on GTOL, like sales roles under NOC 0611 (e.g., VP Sales) and 6221

9 Global Talent Category B for Global Talent occupations For key high-skilled occupations that are experiencing a labour market shortage:

10 Global Talent Category B for Global Talent occupations Minimum salary equal to highest of: Job Bank median wage for occupation for the region Within wage range for current employees in same job with the same skills and years of experience and in same work location, or The minimum wage specified in GT Occupations List Prevailing median wages in Metro Vancouver: NOC 0213 Computer and information systems managers = $43.27 / hour NOC 2147 Computer engineers = $40.50 NOC 2171 Info Systems Analysts = $38.46 NOC 2172 Database Analysts and Data Administrators = $31.25 NOC 2173 Software Engineers and Designers = $38.46 NOC 2174 Computer programmers and interactive media developers = $38.46

11 Global Talent Category B for Global Talent occupations Allows employer to hire or transfer foreign workers who do not qualify under an LMIA-exempt category like NAFTA Professional, intracompany transferee, etc. As of Feb 1: 95% of all GTS applications been Category B, improving each month More than 300 unique employers Approximately 70 employers returned for additional TFW positions Overall volume on target Unlike regular LMIA applications, a GTS application can include multiple positions under different occupations and/or being offered different wages

12 Global Talent Category B for Global Talent occupations Experience has been reliable 10 business day processing, with proactive Program Analysts Experience in Quebec with corresponding CAQ application that not processing nearly as fast, taking 4-6 weeks ESDC stated that 24 months will go by quickly, so have to decide well in advance of end of pilot in terms of its effectiveness TIP Employers should keep track of the number of applications made under Category B, including the specific occupations, to help justify occupations remaining on GTOL

13 Global Talent Category B for Global Talent occupations Digital Media and Design, NOC recall surprisingly replaced Digital Media LMIA category in BC Vancouver studios can no longer use it for positions paid between the median wage of $22.60 an hour / ~$47,000 and $80,000, or TFWs with less than five years of experience, so intermediate and junior positions will no longer qualify On Feb 1, ESDC advised that NOC 5241 and 5131 did not pass methodology based on most recent available LMI. This justifies the minimum wage requirements and years of experience Notwithstanding, significant volumes of applications for NOC Highest is NOC 5131 is catching up

14 Global Talent Category B for Global Talent occupations Feb-March 2018, ESDC is reviewing the GTOL to ensure Category B remains responsive to needs of employers Proposing to add NOC 0211 Engineering Managers and NOC 0212 Architecture and Science Managers Proposing to remove NOC 2241 Electrical and Electronics Engineering Technologists and Technicians Welcome submissions by March 16, 2018 on 4 questions: 1. Agree with recommendations? 2. Do you have additional labour market evidence to share on any of the ICT and STEM occupations in consideration, including for those that did not pass the methodology or for those which ESDC has insufficient LMI to make an assessment, i.e., NOC 2241, 5131, 5241 and 2161 Mathematicians, Statisticians and Actuaries

15 Global Talent Category B for Global Talent occupations Feb-March 2018, ESDC is reviewing the GTOL to ensure Category B remains responsive to needs of employers Welcome submissions by March 16, 2018 on 4 questions: 3. Do you consider other highly-skilled ICT or STEM occupations to be in shortage in Canada? If so, please provide the relevant NOC codes, as well as job titles, job requirements and job duties 4. Do you consider the current skill sets associated with the subsets of NOC 5241 and NOC 5131 to be in shortage in Canada? Do you have LMI to support refinements to these skill sets?

16 GTS Categories A & B: Labour Market Benefit Plan New Global Talent Stream Application form instead of regular LMIA application form and Transition Plan Be ready to put thought into Labour Market Benefits Plan (LMBP) which may require input from other departments, including about growth of projected workforce, revenue and customer base ESDC suggests that employers use LMBP as their HR planning exercise, as a way to start a conversation about what programs they need to put in place Budget more time for first GTS application as LMBP will likely require modifications

17 GTS Categories A & B: Labour Market Benefit Plan For LMBP, employer must commit to one mandatory benefit : For Category A - job creation for Canadians For Category B - increasing skills and training investments for Canadians Must also commit to two "complementary benefits from activities suggested in the Instruction Guide, specifically: Increase in workforce diversity women and underrepresented groups Knowledge transfer to Canadians direct or indirect Enhanced company performance revenue, employment, clients, projects, new markets, financing/funding, etc. Best policies or practices - to recruit or retain Canadians Noticed final LMBPs are often containing more than one mandatory benefit and more than two complementary benefits

18 GTS Categories A & B: Labour Market Benefit Plan For each activity, milestones and targets need to be set Program Analysts are requiring detailed and precise commitments Overall activity can take more than two years to complete but milestones must be within 24-month pilot Numerical or percentage targets, such as: number of new Canadian employees number of new internships dollar value of increased external training number of new projects & contracts forecasted revenue increase

19 GTS Categories A & B: Labour Market Benefit Plan TIP Employers should be realistic when drafting the activities, milestones and targets If commitments not met, ESDC wants to understand factors that influenced this, wants to understand how better businesses work New LMBPs are not required for each LMIA application but ESDC may ask for an update in terms of whether the commitments are being met or ask for additional information

20 GTS Categories A & B: Labour Market Benefit Plan Initial challenges for high volume users but forecasting discussions with Program Analysts have helped significantly. ESDC trying to understand what number of TFWs under the same LMBP is reasonable ESDC notifying that LMBP review process is not an investigation, not an audit. It is a check in, how is the employer meeting its commitments? Are adjustments up or down required? What reasonable efforts did employer make? Program Analysts intend to be interactive. ESDC GTS Policy and Ops teams are on same floor, consulting to circumvent problems to get ahead of the curve Employer provides information in advance and Analyst will go through it before the meeting. Some discussions are as short as 30 minutes. Some high volume employers have confirmed that 6-month check-ins have been more straightforward than anticipated

21 BC PNP Tech Pilot Tech Pilot is special frequent invitations and very fast processing 32 eligible occupations

22 BC PNP Tech Pilot General BC PNP tips: TFW needs to select proper PNP category when registering, i.e., Skills Immigration versus Express Entry will result in different permanent residence applications: Skills Immigration 16 months Express Entry 6 months TFW needs to have items like educational credential assessment and language test results before registering. Once registered, the information can not be modified. Updates will require a new registration to be made TFW needs to select proper NOC before registering and be able to prove that they have at least two years of experience in occupations of the same or greater skill level

23 Questions Craig Natsuhara Associate Partner EY Law LLP, Vancouver Page 23