Immigration to Canada specializes in helping employees from the United States and Mexico transfer to Canada through the Intra-Company Transfer (ICT) program under NAFTA, now known as the USMCA. This streamlined work permit process allows eligible employees to relocate without the need for a Labour Market Impact Assessment (LMIA).
The NAFTA ICT program is designed to facilitate the movement of professionals in specialized roles across Canada, the United States, and Mexico. It is ideal for owners of multinational enterprises and essential personnel aiming to work in a Canadian affiliate or a newly established company.
The NAFTA Intra-Company Transferee Program enables qualified employees to transition from a parent company located outside of Canada to its associated branch within Canada. To be eligible for this work transfer scheme, both the applicant and their employing companies must fulfill the following conditions:
To be eligible for the intra-company transfer program with Immigration to Canada, foreign employees must be classified into one of the following three categories:
Executives
Executives are employees who occupy senior leadership positions. To qualify for an intra-company transfer visa, these individuals must fulfill some or all of the following criteria:
To be considered an executive under the intra-company transfer program, employees must engage in tasks that are managerial or executive in nature. They need to demonstrate the ability to make wide-ranging decisions independently with minimal oversight.
In the context of Immigration to Canada, individuals holding Senior Managerial roles under the intra-company transfer program have a range of critical responsibilities. These roles typically encompass:
In executive and managerial capacities, individuals are tasked with organizing, directing, and controlling business activities within one or more company divisions. They usually perform their duties autonomously or with the assistance of middle management.
A practical example could include a Vice President of Marketing, who would be responsible for directing the company’s marketing strategies and initiatives.
Senior managers often engage in developing strategies, policies, and guidelines to steer the business effectively.
At Immigration to Canada, we understand the importance of hiring employees with specialized expertise for intra-company transfers. To qualify, an ICT applicant should exhibit exceptional skills in two key areas:
According to Canada’s IRCC, unique company knowledge refers to expertise that is specific to a company’s products and services. This type of proprietary knowledge is safeguarded by the business and is not shared externally to prevent replication and competition.
Occupations where such proprietary knowledge may be crucial include scientific research, engineering, computer programming, systems analysis, financial auditing, accounting, and marketing strategy.
Additionally, an ICT applicant can showcase advanced expertise by having significant experience in their specific field.
Applicants to Immigration to Canada must demonstrate their specialized expertise in accordance with IRCC standards. Suitable documentation can include, but is not limited to:
It is important to highlight that, while the employment in Canada is temporary, the applicant will continue to be an employee of the parent company, operating under its direct and ongoing oversight.
Visa officers at Immigration to Canada utilize comprehensive evaluation methods to assess whether applicants possess specialized knowledge for intra-company transfers. Key factors in their assessment include:
Job Position Visa officers verify if the job is classified under Canada’s National Occupational Classification (NOC) system. This system helps them assess the job category and discern the expected duties of the foreign worker in Canada. The transferred role should match or exceed the NOC level of the applicant’s current role in their home country.
Officers also use the NOC to ensure that the offered salary aligns with the specialized skills required. While specific NOC criteria are not mandatory, applicants can strengthen their case by demonstrating expertise that matches high-skilled NOC codes.
Educational Background Applicants must present evidence of their educational qualifications, especially if the position necessitates a certain level of education.
Professional Experience Visa officers consider multiple elements when evaluating the experience of a potential intra-company transferee. Key aspects they examine include:
Typically, the more experienced an employee is within the company and industry, the more likely they are to possess specialized knowledge. Nevertheless, workers with as little as one year of experience at the parent company may still meet the specialized knowledge criteria. Applicants must clearly demonstrate an in-depth understanding of specific business facets, obtained through professional experience and relevant studies.
Training Applicants should possess unique skills such that the host company does not need to provide additional training in their area of expertise. Employees from the host company should not need to provide training to the specialized knowledge worker, as this could potentially displace Canadian employees.
Employment Duration The length of the employment offer should not affect the visa officer’s assessment. Even positions with a short-term, three-month contract can require specialized knowledge that benefits the host company and its employees.
LMIA Exemption
Under the intra-company transfer program, employers don’t need to obtain a Labour Market Impact Assessment (LMIA). This exemption streamlines the process of obtaining a work permit, making it easier for companies to transfer employees to their Canadian branches. Typically, employers aiming to hire foreign workers must secure an LMIA, which can be burdensome.
To get an LMIA, employers have to prove they couldn’t find qualified Canadian candidates despite thorough recruitment efforts. Moreover, they must ensure that hiring a foreign worker won’t negatively affect Canadian jobs and will benefit the local economy.
Swift Work Permit Processing
One of the significant perks of the intra-company transfer program is faster work permit processing, sometimes as quick as two weeks. This rapid turnaround is advantageous for companies and employees needing to start their roles promptly in Canada.
Additionally, this program simplifies entry into Canada and may pave the way for permanent residency after a certain duration of employment. Overall, the NAFTA intra-company transfer program serves as an excellent pathway for professionals relocating to Canada.
Minimal Investment Requirements
The intra-company transfer program demands low costs for both employee and employer. The expenses are generally limited to obtaining a visa and travel to Canada, making it an economical choice for businesses wanting to relocate employees to Canada without incurring substantial expenses.
The program’s minimal investment necessity translates to lower risk, allowing companies to apply without significant financial upfront commitments. It provides a smart way for businesses to explore potential opportunities without large capital outlays.
Overall, the NAFTA intra-company transfer program stands out as a cost-effective and low-risk solution for businesses eyeing employee relocation to Canada. It presents multiple advantages that often surpass other visa programs, making it appealing for numerous enterprises.
Transferring Skilled Employees to Canadian Affiliates
The intra-company transfer program is vital for businesses operating within NAFTA countries. It facilitates the movement of skilled personnel between affiliates to satisfy business demands. This flexibility is crucial for organizations that depend on highly skilled workers to thrive competitively. Moreover, it offers these employees an opportunity to contribute their expertise to the Canadian economy, enhancing overall growth and innovation.
Are you considering relocating your job to Canada via the NAFTA Intra-company Transfer program?
Immigration to Canada’s legal experts are here to assist! Our team of Canadian immigration attorneys has extensive experience in navigating the country’s visa and immigration systems. We are dedicated to helping you secure a NAFTA Intra-company Transfer work permit, making your transition to working in Canada as smooth as possible.
With our guidance, you’ll significantly increase your chances of a successful application and experience a seamless work transition into Canada. Our services include personalized advice on the most suitable approach, thorough assessments of your documentation, and direct communication with the visa office on your behalf.
Proprietary knowledge refers to specialized expertise related to a company's products or services. This expertise is unique to the company, and the individual possesses this confidential information, which the company wants to keep secure to prevent replication by competitors.
While Immigration, Refugees, and Citizenship Canada (IRCC) does not mandate advanced proprietary knowledge, possessing it can demonstrate a deep understanding of the company's products or services and their application in global contexts. It may also include advanced expertise in business processes, including production, research, and management.
An intra-company transfer visa allows global companies to transfer qualified employees temporarily to their Canadian branch or subsidiary. The IRCC facilitates the temporary entry of skilled foreign workers to boost management efficiency, expand Canadian exports, and enhance competitive advantage. Generally, these transferees need work permits but are often exempt from a Labour Market Impact Assessment under specific conditions, such as being from a country with a free trade agreement like NAFTA.
Intra-company transfer applicants do not have to relocate to Canada permanently. However, they are expected to work at their company's Canadian office or branch for the duration of their assignment.
An applicant can prove advanced expertise by providing documentation that verifies their specialized knowledge acquired during employment. This includes evidence of their length of service, which typically should be recent or within the past five years.
In an intra-company transfer scenario, the parent company from the home country operates multiple branches, one of which is located in Canada. Employees are transferred from the home country to work at the Canadian branch, thereby supporting business operations across borders.
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