U.S. employers that sponsor skilled foreign workers are watching several changes at once, including the proposed OPT fee and the October 8 announcement that Microsoft, Adobe, and others are suspended from PERM, which we cover separately. Some are asking whether part of a team could work from Canada. Here are the main routes for bringing a worker to Canada.
Intra-Company Transfers and LMIA-Exempt Permits
A company with a Canadian office or affiliate may be able to transfer managers, executives, or specialized-knowledge employees without a Labour Market Impact Assessment. We covered the main exemptions in Navigating Post-H-1B Lottery Challenges: Canadian Relocation Alternatives. Eligibility depends on the corporate relationship and the job, so each case needs review.
The Global Talent Stream
The Global Talent Stream is aimed at employers hiring highly skilled people in specific technology and other roles. Employers qualify through a designated referral partner (Category A) or by hiring for an occupation on the global talent list (Category B). Under the stream, the employer first obtains a Labour Market Impact Assessment, which ESDC aims to process on an expedited basis, and the worker then applies for the work permit. Employers must also complete a Labour Market Benefits Plan with commitments that are reviewed annually. The official guidance says IRCC aims to process eligible work permits in two weeks, 80 percent of the time. That is a service standard and not a guarantee. The Government of Canada guidance lists the requirements, including documents the employer must keep for at least six years, starting from the worker’s first day of work.
Before You Decide
Canada has its own compliance rules, tax rules, and provincial requirements, and a foreign company needs to meet them before hiring there. Our overview Looking Beyond the H-1B? gives a general introduction. A Canadian immigration attorney should confirm which route fits the position.
Frequently Asked Questions
Can a U.S. company use the Global Talent Stream without a Canadian office?
The stream is designed for employers operating in Canada, so a U.S. company with no Canadian business presence generally would not qualify on its own. A company that has or plans to set up a Canadian entity should have a Canadian immigration attorney confirm eligibility before applying.
How long does a Global Talent Stream work permit take?
IRCC aims for two weeks for eligible work permit applications, 80 percent of the time. The employer’s Labour Market Impact Assessment and preparation can take longer.
Is an LMIA always required?
No. Some intra-company transfers and other categories are exempt, but the exemption has to fit the facts of the case. The Global Talent Stream itself does involve an LMIA.
If you or your family members have questions about how this or other immigration and nationality matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.