We spoke with Stanley Leo, a Vancouver-based immigration lawyer with over a decade of experience helping both individuals and employers navigate Canadian immigration pathways, to unpack what these changes mean for Canadian employers and foreign professionals alike.
The H-1B Shockwave: Canada’s Potential Opening
While Leo is quick to note that he’s not a U.S. immigration lawyer, he observes that the H-1B landscape has become “pretty chaotic.” A steep $100,000 application fee would effectively shut out many smaller companies and individuals, dampening the program’s historical role as a driver of tech innovation.
“In Canada,” Leo explains, “the conversation quickly turned to whether this could be an opportunity — could we attract workers who would have otherwise gone south?”
Indeed, reports suggest that the Canadian government may explore a dedicated immigration stream for displaced H-1B candidates, potentially fast-tracking highly skilled tech professionals. However, as Leo cautions, “Canada already has several employer-driven pathways that could serve the same function — the question is whether we’ll make them more accessible.”
Existing Pathways: The Global Talent Stream and Beyond
Canada’s Temporary Foreign Worker Program (TFWP) has long been the backbone of employer-sponsored immigration. Within it, the Global Talent Stream has been a favourite among tech firms, enabling them to bypass lengthy recruitment requirements if they can demonstrate that hiring a foreign worker will contribute to business growth or innovation.
Yet even this streamlined pathway is facing turbulence.
“Approval rates are dropping,” Leo says. “Across the system, there’s a sense that the government is becoming less facilitative — that they’re looking for reasons to refuse.”
That shift coincides with Ottawa’s recent focus on reducing overall immigration numbers, a reversal from the open-door policies of previous years. The government has explicitly stated its intent to slow population growth in response to pressure on housing and healthcare systems.
Policy Headwinds: A Climate of Contraction
Leo points out that while the H-1B situation may present a short-term opportunity, Canada’s current policy climate is far from expansionary.
“In the last year, the government has been signalling a slowdown — even targeting negative population growth,” he says. “It’s a direct response to domestic challenges like housing affordability and strain on public services.”
That cooling effect has extended to both the TFWP and the International Mobility Program, which facilitates foreign work permits outside the labour-market test framework. “Even high-skilled workers — executives and CEOs — are finding it harder to secure permanent residency,” Leo notes. “So even if a new H-1B-style stream emerges, it will have to navigate those same headwinds.”
Is the Canadian Tech Sector Ready?
The practical question, Leo says, is whether Canada’s tech industry is positioned to absorb an influx of new talent.
“My sense is that the Canadian tech sector has slowed in the last couple of years,” he explains. “Even if we make it easier for people to come, the demand from employers may not be there yet.”
AI disruption has further complicated hiring patterns. Leo adds that with automation capable of generating usable code, some traditional developer roles may decline, while new ones emerge. “The question is whether Canada can adapt quickly enough to capture that opportunity.”
One promising area, Leo notes, could be infrastructure development — particularly data centres and AI-related energy projects. “Our climate and access to hydroelectric power could make Canada an attractive location for these facilities,” he says. “That could generate demand for specialized technical talent — the kind of professionals an H-1B stream might target.”
Repatriating Canadian Talent
Beyond foreign workers, Leo sees potential for Canadian citizens currently on visas in the U.S. to return home. But he also cautions that wage disparities remain a major barrier, and CUSMA has provisions which can make it easier for Canadians.
“There’s still a big pay difference between Canada and the U.S.,” he says. “Even with cost-of-living adjustments, it’s not a simple equation.”
A Balancing Act: Growth, Fairness, and Identity
As the conversation turned philosophical, Leo reflected on Canada’s broader identity as a nation built by immigration.
“Immigration isn’t just part of the economy — it’s part of who we are,” he says. “But it’s also fair to ask whether we’re doing right by the people who come here. It’s not fair to invite workers or students if there’s nowhere for them to live.”
The challenge, he adds, is finding a balance between compassion and capacity. “These are necessary conversations. We need immigration — but we also need to make sure people are treated as people, not just as numbers.”
Despite the current slowdown, Leo remains cautiously optimistic:
“I wouldn’t be surprised if, in two or three years, we see a shift back toward greater facilitation. The question is whether, by then, people still want to come.”
Key Takeaways for Employers
- Watch for new programs. A dedicated H-1B-style stream could appear in the coming months, particularly targeting tech and innovation sectors.
- Actively sponsor talent. Employer-driven pathways like the Global Talent Stream remain viable options for accessing international expertise.
- Stay proactive. Processing times and approval rates are tightening — plan ahead for critical roles.
- Invest in retention. Canada’s immigration climate may fluctuate, but employers that create strong internal cultures and career development opportunities can remain magnets for global talent.
About the Expert
Stanley Leo is a Canadian immigration lawyer based in Vancouver, BC. He advises individuals and employers on temporary and permanent immigration pathways, including work permits, study permits, and permanent residency programs. His practice focuses on helping people navigate an increasingly complex and fast-changing immigration environment.
