April 22, 2025
Leveraging Canada’s Immigration Policy to Attract American Talent
This article is written by BLG’s Lijing Cao and originally published by Law360 Canada, part of LexisNexis Canada Inc.
The United States has long been a global leader in attracting top talent, particularly in fields such as health care, technology and entrepreneurship. Canada’s decades-long struggle with brain drain, characterized by losing its top talent to the United States, has posed challenges to the country’s growth and innovation. Canada only ranks sixth among the seven G7 nations in labour productivity. With the recent paradigm shift in its relationship with the United States, Canada’s weak productivity and heavy reliance on trade with the United States makes it vulnerable to resist the multifaceted aggressions from our southern neighbour.
The ongoing domestic political turbulence and policy unpredictability in the United States provide Canada with a unique opportunity to reverse the brain drain and attract American professionals. In recent months, I have observed a marked increase in consultation cases involving U.S. citizens, many of whom are accomplished professionals. These individuals have expressed significant concerns about the unsettling political climate and conveyed pessimism regarding long-term societal prospects. With their heightened awareness, they naturally gravitate towards Canada’s values. Their expertise, financial resources and commitment to social responsibility serve as timely reinforcements in Canada’s pursuit of renewed economic growth and independence. The primary challenge lies in formulating well-designed policies and programs that can effectively attract and retain these valuable individuals
This article examines Canada’s potential to attract American talent through refined immigration policies. It explores opportunities such as leveraging existing agreements and programs, like the Canada-United States-Mexico Agreement (CUSMA), strengthening provincial and regional programs, and launching federal initiatives targeting skilled workers. Such strategies could bolster Canada’s long-term economic prosperity and enhance its competitive edge in the global market.
Addressing labor shortages in key sectors
Canada’s aging population, combined with the retirement of the baby boomer generation, has intensified labour shortages, placing greater pressure on industries already struggling to meet demand. One major challenge in Canada’s immigration policy in recent years has been the mismatch of talents. Many new immigrants face difficulties finding employment in their original professions, as their prior experiences often go unrecognized by Canadian employers. Comparatively, immigrants from the United States are more likely to integrate into the Canadian workforce, especially if we adapt policies to strategically improve the selection of candidates.
Capitalizing on CUSMA and existing immigration programs
CUSMA offers several provisions that can be leveraged to facilitate the movement of American professionals and business owners to Canada:
- Professionals: U.S. citizens with qualifications in specific professions, such as medical/allied professionals, scientists, and teachers, can utilize CUSMA provisions to secure temporary residency in Canada. Particularly in the health-care sector, the severe shortage of medical professionals in Canada presents an urgent need for action.
- Intra-company transferees (ICT): The ICT program facilitates the transfer of American business executives, senior managers, and specialized knowledge workers to Canadian offices. Additionally, it supports businesses with global operations in establishing new offices in Canada through the relocation of key executives.
- Investors and traders: American business owners and investors seeking to expand into Canada can utilize the CUSMA provisions to facilitate the cross-border movement of capital and expertise.
Furthermore, initiatives like the federal Start-Up Visa and provincial entrepreneur programs are tailored for innovators and business leaders. These programs provide accessible pathways to permanent residency in Canada, offering a more stable and enduring option compared to the temporary residency opportunities under the CUSMA.
Provincial Nominee programs and targeted invitations
While federal immigration policies play a significant role in attracting skilled workers to Canada, provinces also play a crucial role in shaping immigration strategies. Many provinces in Canada face specific labour shortages in key industries and would benefit from attracting American professionals and entrepreneurs who can contribute to regional economic growth.
Provincial governments may introduce “targeted draws” under the Provincial Nominee Program (PNP) via Express Entry. This would allow provinces to tailor their immigration selections to address specific regional needs. For example, provinces struggling with health-care labour shortages could prioritize American medical professionals, while provinces with a strong tech industry could focus on attracting American engineers and scientists.
In addition to traditional PNP draws, provinces could leverage regional programs like the Rural Community Immigration Pilot and Atlantic Immigration Program to attract talent to underserved regions. In my consultations with U.S. clients, many of them have expressed a willingness or preference to settle in quieter, more remote areas, where they can enjoy a higher quality of life away from urban hustle and bustle. By promoting rural communities and offering relocation incentives, provinces could tackle labour shortages in these regions while benefiting from an influx of skilled workers.
Federal policies: Creating new pathways for U.S. citizens
At the federal level, the government could implement a temporary public policy for U.S. citizens, enabling them to apply for occupation-restricted open work permits. This initiative would primarily target professionals in high-demand fields, such as health care, science, and education. An occupation-restricted open work permit allows individuals to work for any employer, as long as they remain within the occupation specified on the permit.
Another potential option would be to implement category-based selection within Canada’s Express Entry system specifically for U.S. citizens. This would enable Canadian immigration officials to select and invite American applicants for permanent residency based on their skills, experiences and qualifications.
Conclusion: The time for action
Canada stands at a pivotal moment. Refining our immigration strategy could play a crucial role in mitigating the effects of the imminent trade war and reviving our economic growth. Immigration policies at both the federal and provincial levels can be adjusted to facilitate the migration of top talent from the United States, particularly those who admire Canadian values amidst the shifting socio-political landscape in their home country.
Ultimately, the way forward involves developing immigration policies that are adaptable, forward-thinking, and tailored to address the needs of the modern economy. With strategically designed policies and proactive engagement, Canada can transform the current crisis into a golden opportunity to reverse the trend of brain drain to the United States and establish itself as a global leader in attracting talent.
Lijing Cao
Lijing’s practice encompasses a broad range of Canadian immigration matters, including all categories of work permit applications under the Temporary Foreign Worker Program and the International Mobility Program, citizenship, labour market impact assessments, study permits, temporary resident permits, and sponsorship applications. She also advises entrepreneurs, business owners, international students and skilled workers on the options for permanent residence to Canada, including provincial nominee programs, Start-up Visa, Federal Skilled Worker, and Canadian Experience Class programs.
Lijing graduated from the University of Toronto with a Master of Laws (LL.M.) and holds a Juris Doctor degree from Hong Kong. She is fluent in Mandarin and Cantonese Chinese. Prior to joining Bellissimo Law Group, Lijing worked as an associate lawyer at a boutique business immigration firm, where she provided advice to corporate clients to fulfill their workforce mobility and labour shortage needs.