Temporary Visa for Contractor position in USA

[rathna12]

Hello All,

I am currently on H1B visa in the USA working as a contractor and was wanting to know how to work remotely from Canada for XYZ company. My H1B is expiring and I was looking to see how I can apply for a work permit to move to Canada and work for US client. Please suggest soon. Thanks

 

[scylla]

Hello All,

I am currently on H1B visa in the USA working as a contractor and was wanting to know how to work remotely from Canada for XYZ company. My H1B is expiring and I was looking to see how I can apply for a work permit to move to Canada and work for US client. Please suggest soon. Thanks

It's really not possible.

For this to be possible, your employer must have operations in Canada and you must be moving to a role that's located in Canada. You would then need a job offer in Canada from your employer and an approved LMIA from your employer in order to qualify to apply for a work permit. Or if your company wants to skip the LMIA process and you have an executive level role or have very specialized knowledge, your company can apply to move you to a role with their operations in Canada through an Intra Company Transfer visa.

If your company doesn't have operations in Canada and you're not moving to a role that is located in Canada, then what you're trying to do isn't possible.

 

[rathna12]

It's really not possible.

For this to be possible, your employer must have operations in Canada and you must be moving to a role that's located in Canada. You would then need a job offer in Canada from your employer and an approved LMIA from your employer in order to qualify to apply for a work permit. Or if your company wants to skip the LMIA process and you have an executive level role or have very specialized knowledge, your company can apply to move you to a role with their operations in Canada through an Intra Company Transfer visa.

If your company doesn't have operations in Canada and you're not moving to a role that is located in Canada, then what you're trying to do isn't possible.

Thanks for the response Scylla, the XYZ company I work as a contractor has offices in Canada. So had a question if they can do Intra company transfer and will it still require LMIA or temporary work permit.
Please let me know thanks.

 

[scylla]

Thanks for the response Scylla, the XYZ company I work as a contractor has offices in Canada. So had a question if they can do Intra company transfer and will it still require LMIA or temporary work permit.
Please let me know thanks.

They can apply for an intra company transfer (this is a work visa) if you are moving to a job that is physically located in Canada. The job cannot be a remote job where you will continue to do work for the US. There are specific requirements that will need to be met for the ICT to be approved. You can read more here:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/intra-company-transferees/canadian-interests-significant-benefit-general-requirements-r205-exemption-code-c12.html

No LMIA is required with an ICT.

 

[PMM]

Hi

They can apply for an intra company transfer (this is a work visa) if you are moving to a job that is physically located in Canada. The job cannot be a remote job where you will continue to do work for the US. There are specific requirements that will need to be met for the ICT to be approved. You can read more here:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/intra-company-transferees/canadian-interests-significant-benefit-general-requirements-r205-exemption-code-c12.html

No LMIA is required with an ICT.

1. The OP said that s/he is a contractor for the company in the US, therefor not an employee, which is a requirement for ICT.

 

[rathna12]

Hi



1. The OP said that s/he is a contractor for the company in the US, therefor not an employee, which is a requirement for ICT.

hello PMM could you please direct me to any links where i can find this information. Thanks

 

[Bs65]

I guess the point here is the US company together with its Canadian subsidiary would need to apply for and justify an ICT for a non employee contractor who has been working directly by contract for a minimum time on the basis that the individual has specialised knowledge necessary to support the Canadian operation in a clearly defined role in the Canadian operation.

From what you have described your intent is to continue working remotely for the US operation which would not come within the intent of an ICT so in effect having the company misrepresent an application on your behalf which could affect any future genuine ICT applications the company may wish to make in the future.

Question would be is the US operation willing to go this route on this understanding which by the way could also have a personal impact on any future IRCC interaction ?