U.S. Employers Benefit from Transferring Employees to Canada

As a U.S. employer, if you employ workers on H-1B visas in the U.S. and their visas are approaching expiration, you may face challenges keeping these employees employed in the U.S. once their visas actually do expire.

Relocating these skilled employees to Canada offers a practical solution for both parties, as Canada provides streamlined pathways for employees to continue working and contributing to your business without worrying about U.S. visa restrictions. This approach helps you avoid potential disruptions to your business’s operations.

Pathways to Transfer U.S. Employees to Canada

Intra-Company Transfer (ICT)

The Intra-Company Transfer (ICT) program, part of Canada’s International Mobility Program, allows highly skilled foreign nationals employed by multinational companies to work temporarily in Canada without the need for a Labour Market Impact Assessment (LMIA). U.S. employers can retain their specialized knowledge employees or those in managerial roles by transferring them to a Canadian branch or subsidiary of the company through a streamlined relocation process. In comparison to the U.S. visa system, the ICT program generally has faster processing times. Once in Canada, employees can pursue pathways to permanent residency, offering them long-term security and career growth opportunities.

Global Talent Stream (GTS)

The Global Talent Stream (GTS), launched in 2017 through a partnership between Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC), is particularly beneficial for U.S. employers seeking workers with specialized expertise in fields like technology and engineering. It offers a streamlined application process with work permits processed in as little as two weeks. Additionally, employees under the GTS can apply for permanent residency in Canada after gaining work experience. This program allows U.S. employers to retain skilled workers while avoiding the complexities of U.S. visa limitations.

CUSMA

The Canada-United States-Mexico Agreement (CUSMA) offers a straightforward immigration pathway for U.S. and Mexican citizens to work in Canada. Under CUSMA, skilled workers may qualify for a Canadian work permit without the need for a Labour Market Impact Assessment (LMIA), which in turn simplifies and expedites the process. In some cases, foreign nationals may even be eligible to work in Canada without requiring a work permit. This agreement creates valuable opportunities for skilled professionals to pursue employment in Canada with fewer regulatory barriers.

Pathways to Permanent Residency for Transferred Employees

A major advantage of transferring employees to Canada is the opportunity to transition from a temporary work permit to permanent residency (PR). This provides employees with long-term security and access to Canada’s world-renowned healthcare and education systems. Canada offers multiple pathways to PR, including the Provincial Nominee Program (PNP), Express Entry, and the Canadian Experience Class (CEC). These programs are ideal for employees who wish to establish a lasting future in Canada, offering them a clear path toward permanent residency.

Express Entry

Express Entry is an online system used by the Canadian government to process applications for skilled workers seeking permanent residency through the Federal Skilled Worker (FSW) program, Federal Skilled Trades (FST) program, and Canadian Experience Class (CEC) program. Employees already working in Canada, such as those on Intra-Company Transfer work permits, can earn valuable points for their Express Entry profile based on their Canadian work experience. With at least one year of work experience in Canada, employees may increase their chances of being invited to apply for permanent residency by creating an Express Entry profile.

Canadian Experience Class Stream

For employees transferred from the U.S. under the Intra-Company Transfer or Global Talent Stream, their Canadian work experience can help them qualify for the Canadian Experience Class (CEC) stream in the Express Entry system, providing a faster route to permanent residency. The CEC is a great option for workers with Canadian work experience, as it requires less documentation and usually has quicker processing times compared to other permanent residency pathways.

Provincial Nominee Program (PNP)

Provinces create specific PNP streams to meet their unique immigration needs, so eligibility and application processes can vary. The PNP is a popular and streamlined pathway to Canadian permanent residency, particularly for employees with job offers in high-demand sectors. It is often considered one of the easiest routes to residency, as provinces nominate individuals based on their skills and work experience. The program is especially valuable for employers with operations in Canada but no legal presence in every province, allowing employees to gain residency even without a direct branch.

Benefits of Transferring Employees to Canada

By transferring U.S. employees to Canada, employers not only solve immediate immigration challenges but also support their employees in obtaining permanent residency. By understanding and using the various Canadian immigration programs available to them, the company can maintain smooth operations while skilled employees remain focused on contributing to the long-term success of the business. Contact us today to guide you through this process and help ensure a seamless transition for your workforce.

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