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Monthly Archives: July 2023

July 20, 2023

Short on time? Here are the highlights:

  • The Canadian government has opened a new programme to grant work permits to H-1B visa holder in the US
  • However, the programme was capped at 10,000 applications and that limit was reached within the first 48 hours after opening

A recent report from public policy advocacy group FWD.us provides a concise summary of the current situation for foreign graduates hoping to remain in the US to work:

“The United States has come to rely on the temporary H-1B work visa as its main—and sometimes only—high-skilled immigration policy tool…This over-reliance on the H-1B visa program creates choke points in our talent pipeline where skilled individuals either cannot move forward or simply choose to leave. Since 1997, the full H-1B visa cap has been exhausted every year prior to the end of the fiscal year…Simply put, there is a profoundly higher demand for these skilled workers than the current law is able to supply.”

In a surprising twist, the Canadian government moved to take advantage of that demand-supply gap earlier this month when it opened a new work permit pathway for H-1B visa holders.

The H-1B visa holder work permit is “meant to keep highly skilled workers in North America”, and is open to anyone with a valid H-1B visa already living in the US.

The new programme provides successful applicants with an open work permit for up to three years.

An accompanying government statement explains that, “If your passport expires in less than three years, your work permit will expire at the same time as your passport. You can’t get an extension under this initiative, but you may be able to get one under another programme.”

At the time it was first announced, the H-1B visa holder work permit was introduced as a temporary policy that would be in place for one year, or until 10,000 applications were received (whichever came first).

In a rather vivid illustration of the pent-up demand for work visas in the US, that 10,000-application threshold was reached in the first 48 hours after the programme launched.

“This rapid uptake underscores the high demand among U.S. H-1B visa holders for the opportunity to work and live in Canada,” reported The Hindustan Times. “The popularity of the Open Work Permit stream became evident when it reached its maximum capacity within an astonishingly short timeframe.”

As a result, the H-1B visa holder work permit programme is now closed to further applications for the time being. However, the programme has a somewhat experimental, or even “pilot programme”, feel to it. And no doubt policy makers in both Canada and the US, to say nothing of foreign graduates and employers, will be thinking carefully about any other such interactions between Canadian and American visa policy going forward.

July 6, 2023

2023-24 TASMANIAN SKILLED MIGRATION – STATE NOMINATION PROGRAM UPDATED

Tasmanian Skilled Employment Pathway – all occupations eligible for subclass 190 nomination.
All occupations on the Department of Home Affairs subclass 190 skilled occupations list are now eligible for subclass 190 nomination.
Candidates who have a skills assessment for an occupation listed on the Tasmanian Onshore Skilled Occupation List (TOSOL) are eligible for subclass 190 nomination after six months employment in a closely related role.
Candidates with a skills assessment for an occupation not on the TOSOL are eligible for subclass 190 nomination after 15 months employment in a closely related role.

Subclass 190 Tasmanian Established Resident pathway business income requirement adjusted according to TSMIT changes.
The candidate must have operated a business for at least the last two years with taxable earnings for the last 12 months equivalent to the Temporary Skilled Migration Income Threshold (currently $70,000).

Subclass 491 Tasmanian Business Operator pathway.
The minimum personal taxable income from the business must be at least
$59,500 (85% of TSMIT).

Subclass 491 Tasmanian Skilled Employment Pathway
ANZSCO 4-5 employment must be of at least 12 months duration.

Changes to the Tasmanian Onshore Skilled Occupation List (TOSOL)

Changes have been made to the TOSOL for 2023-24 to reflect changes to Jobs and Skills Australia Skills Priority List for Tasmania.
The 2023-24 TOSOL will be used to determine eligibility for subclass 190 nomination the Tasmanian Skilled Employment – TOSOL Option nomination pathway, and to prioritise registrations of interest in the Migration Tasmania Gateway. It is based upon the Skills Priority List for Tasmania compiled by Jobs and Skills Australia.
Occupations on TOSOL are eligible for subclass 190 nomination in the Tasmanian Skilled Employment pathway after six months of closely related employment in Tasmania. Occupations that are not listed are eligible for subclass 190 nomination in the Tasmanian Skilled Employment pathway after 15 months of closely related employment in Tasmania.


The following occupation groups have been added to the TOSOL for the 2023-24 program year:
1325 Research and Development Managers 2336 Mining Engineers
2339 Other Engineering Professionals
3113 Primary Products Assurance and Inspection Officers 3234 Toolmakers and Engineering Patternmakers
3613 Veterinary Nurses
3623 Sports Turf Managers and Trades Workers 3624 Nurserypersons
3627 Landscape Gardeners and Irrigation Technicians 3921 Print Finishers and Screen Printers
4113 Diversional Therapists 4117 Welfare Support Workers
4523 Sports Coaches, Instructors and Officials 5991 Conveyancers and Legal Executives

The following occupation groups have been removed from the TOSOL for the 2023-24 program year (candidates with employment of 6 months duration with a related skills assessment from these groups will remain eligible for subclass 190 nomination if employment commenced before 1 July 2023):
1211 Aquaculture Farmers
1311 Advertising, Public Relations and Sales Managers 1321 Corporate Services Managers
1351 ICT Managers
2231 Human Resource Professionals 2326 Urban and Regional Planners 2345 Life Scientists
2346 Medical Scientists
2513 Occupational and Environmental Health Professionals 3112 Medical Technicians (eg pathology collector)
3123 Electrical Engineering Draftspersons and Technicians
2421 University Lecturers and Tutors

Changes to priority attributes

These will only apply to ROIs submitted from 1 July 2023.

Family
Removing “passive” family-related attributes (spouse in Tasmania more than 6 months, other family members in Tasmania).
Keeping other “active” attributes (employment, Tas AQF6+ study)

Pay and Salary (including business income)
Updating income thresholds – TSMIT, Australian median earnings, Australian average earnings.

Before 1 July 2023 Post 1 July 2023
$53 900 per year or 27.64 per hour (TSMIT) $65,000 / $33.33 per hour (median earnings)
$62 000 per year or $31.79 per hour (median earnings) $70,000 / $35.90 per hour (TSMIT)
$90 617 per year or $42.62 per hour (average earnings) $94,000 / $48.21 per hour (average earnings)

• Earnings of $94,000 / $48.21 per hour is a Green attribute for all Tasmanian Skilled Employment, Tasmanian Skilled Graduate, Tasmanian Established Resident, Tasmanian Business Operator pathways
• Other income thresholds remain Orange attributes

Tasmanian Skilled Graduate
Additional Green attributes
• “You have completed 2 years of your PhD in Tasmania, or 1 year after completing your undergraduate study in Tasmania.”
• Graduate program offer – extension of qualifying period to within 12 months of graduation
“You have an offer for, but have not yet commenced in, a graduate employment program.

Tasmanian Established Resident – subclass 491
Additional Green attributes
• employed in Tasmania for last 2 years in a skilled role (ANZSCO 1-3) directly related to your skills assessment.
• employed in an ANZSCO 1-3 role in Tasmania for at least the last 3 months directly related to your skills assessment or Tasmanian study.
Additional Orange attributes
• You have been employed in Tasmania for at least the past 3 months in an ANZSCO 1-3 role in the same industry as your skills assessment.
• You have completed an AQF 6 or higher qualification with a Tasmanian education provider in Tasmania.

Tasmanian Established Resident – subclass 190
Additional Green attribute
• employed in an ANZSCO 1-3 role in Tasmania for at least the last 3 months directly related to your skills assessment or Tasmanian study.
Additional Orange attribute
• You have completed an AQF 6 or higher qualification with a Tasmanian education provider in Tasmania.