Immigration Options for Intra-Company Worker Transfers Between U.S. & Canadian Offices
Because of its close physical proximity to each other, companies in Canada and the United States often have to transfer their executives and employees back and forth within their respective subsidiary, satellite, parent or affiliate offices in the neighboring company. Given the differing immigration laws in each country, it may seem that such transfers would be a logistical nightmare. However, Canada and the United States have several residency and visas categories that gives these companies a variety of options when considering how to move personnel between the two countries. CANADIANS EMPLOYED BY A U.S. COMPANY TN Visa Under Chapter 16 of the North American Free Trade Agreement, Canadian, Mexican and U.S. citizens can enter the three respective countries to conduct business or investment activities. Canadian citizens may work in the United States in a professional occupation if: They qualify under the "Professionals Under the North American Free Trade Agreement" list; They possess certain specific criteria for that profession (i.e., relevant degree); The position in the U.S. requires a candidate in that professional capacity and; They will be entering to work for a U.S. employer TN visa advantages TN visas are valid for up to three years at a time, and may be renewed indefinitely so long as the applicant can demonstrate an intent to return home to Canada at the expiration of the visa. TN visas are also easier relatively easy to apply for, and to have approved. There are three ways to apply for a TN visa: In person at a port of entry (POE) to the United States By submitting an application to the USCIS while in the United States By submitting an application to the USCIS from abroad H-1B Visa The H-1B work visa may be issued to Canadian citizens seeking temporary work in a "specialty occupation," which requires the skills of a professional. Congress issues 65,000 H-1B visas every year, with an additional 20,000 for those with master’s degrees or higher. Criteria The job must meet one of the following criteria to qualify as a specialty occupation under an H-1B visa:
- Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position being offered
- The degree requirement for the position being offered is common to the industry, or the job is so complex or unique that it can be performed only by an individual with a degree
- The employer normally requires a degree or its equivalent for the position being offered
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s degree or higher (i.e. Master’s, MBA, J.D., PhD., etc.)
- Have completed a U.S. bachelor’s degree or higher required by the specific specialty occupation from an accredited college or university
- Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
- Hold an unrestricted state license, registration, or certification which authorizes the beneficiary to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
- Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty
- Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
- Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
- Original scientific, scholarly, or business-related contributions of major significance in the field
- Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
- A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
- Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
- Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
- Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
- Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
- A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
- Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the beneficiary's achievements
- A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Evidence of membership in associations in the field which demand outstanding achievement of their members
- Evidence of published material in professional or major trade publications or other major media
- Evidence that the applicant have been asked to judge the work of others, either individually or on a panel
- Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that the applicant’s work has been displayed at artistic exhibitions or showcases
- Evidence of performance of a leading or critical role in distinguished organizations
- Evidence that the applicant commands a high salary or other significantly high remuneration in relation to others in the field
- Evidence of commercial successes in the performing arts
- Evidence of receipt of major prizes or awards for outstanding achievement
- Evidence of membership in associations that require their members to demonstrate outstanding achievement
- Evidence of published material in professional publications written by others about the alien's work in the academic field
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
- Evidence of original scientific or scholarly research contributions in the field
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
- Have worked continuously for at least one year in the preceding three years for the same or affiliated employer in the United States
- Be transferred to Canada to work temporarily for the same or an affiliated employer, and
- Work in a capacity that is managerial, executive or that involves specialized knowledge
- NAFTA Professional Visa
- Be seeking to carry out substantial trade in goods or services, mainly between U.S and Canada, or conduct substantial investment activities in Canada, in a supervisory or an executive capacity, or in a capacity that involves essential skills; and
- Meet additional requirements under NAFTA and have a work permit
- Have a valid offer of arranged employment with a Canadian employer; or
- Have one year of continuous full-time paid work experience in a certain occupation where there is a proven need in Canada for more workers; or
- Be an international student enrolled in a Ph.D program in Canada (or graduated from a Canadian Ph.D program within the past 12 months) and meet certain other criteria
- Plan to live outside Quebec;
- Be either:
- A temporary foreign worker with at least two years of full-time (or equivalent) skilled work experience in Canada, or
- A foreign graduate from a Canadian post-secondary institution with at least one year of full-time (or equivalent) skilled work experience in Canada
- Have gained your experience in Canada with the proper work or study authorization
- Apply while working in Canada or within one year of leaving your job in Canada
- Include the results of an independent language test
- They must have an offer of employment in Canada or a certificate of qualification from a province or territory to ensure that applicants are “job ready” upon arrival;
- They must meet a basic language requirement;
- They must have a minimum of two years of work experience as a skilled tradesperson, to ensure that the applicant has recent and relevant practice as a qualified journeyman; and
- They must have the skills and experience that match those set out in the National Occupational Classification (NOC B) system, showing that they have performed the essential duties of the occupation