Eliminate US Work Visa Issues
We can help you retain your top tech and solve US work visa issues
Kadri Law has helped hundreds of the world’s leading companies utilize Canada as a business hub for the global deployment of talent beyond borders.
We devise cross border foreign worker strategies and execute them with speed and precision. We also leverage our networks and excellent working relationships with industry leaders in the public and private sector, including stakeholders such as Immigration Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA) and Global Affairs Canada (GAC).
With respect to the current US Work Visa crisis, Canada can be a dynamic platform for a US Company to port talent from around the world for North American deployment. Often times we can devise cross border bi-national strategies that can allow for these talented workers to be contracted back to a US Company under certain circumstances.
For many US Companies, the use of an existing subsidiary or branch, including the establishment of a new one in Canada if necessary, could enable the transfer of technology talent from the uncertainty in the US or anywhere around the world. Companies can effectively assemble a roster of talent parked nearshore in Canada, and ready for North American deployment.
Expansion into Canada presents the unique option of incorporating a viable Canadian business that would meet all legal and regulatory requirements in order to facilitate the entry of foreign workers. The entry of foreign workers employed by a foreign company to work in Canada for an eligible Canadian company is known as an Intra Company Transfer (ICT). If there is no existing Canadian company, an evaluation of the foreign business that is considering expansion into Canada is necessary.
Currently, ICT provisions allow for work permits to be issued for qualifying executive, management and specialized knowledge personnel. The eligible foreign personnel must be shown to require entry into Canada to undertake Canadian employment-related activities for the benefit of a Canadian subsidiary, affiliate, branch, parent or joint venture of the foreign business entity currently employing them.
Kadri Law works with leading professionals in all areas such as taxation, investment, financing, and commercial business law. We will help you identify areas of concerns and direct you through our network of professionals who devise comprehensive legal strategies to advance or protect your interests, as the need may be.
Only a comprehensive analysis of the legal and regulatory framework that affects your particular business interests will determine the extent to which the same may facilitate immigration planning. Depending on the nature of your investment and/or business interests’ in Canada, we may be able to facilitate the ability of your global talent to live and work in Canada on either a temporary or permanent basis.
At Kadri Law, we understand the interconnectivity of the global marketplace and the need for Companies around the world to utilize talent beyond borders. Our network of leading professionals work together to offer real and comprehensive solutions for your company to achieve global workforce mobility with Canada as a gateway to North American markets. Kadri Law believes innovation is critical to address specific immigration strategies on behalf of your business.
There are two main types of work permits. The first type of work permit is exempt from Labour Certification requirements, meaning the Canadian entity seeking to bring the foreign worker to Canada does not have to advertise the position and demonstrate efforts were made to recruit a Canadian citizen or resident for the same position.
The other type of work permit does require the Canadian Employer to demonstrate advertising and recruitment efforts in a Labour Certification process that must be undertaken before a work permit may be applied for.
Canadian Employers in high growth industries or who wish to hire IT professionals can apply for expedited work permits under the Global Talent Stream (GTS). This allows qualified Canadian Employers to take advantage of the lightning fast expedited processing estimated to average two weeks. The Global Talent Stream (GTS) is designed to ensure Canadian companies can access the very best talent from around the world by bring foreign workers to Canada quickly to meet the needs of their growing and evolving business.
Global talent from around the world may also be brought to Canada via a Permanent Residence strategy. This is different from a temporary work permit process because the foreign worker will be brought to Canada as a Permanent Resident, meaning they have the right to live and work in Canada permanently.
According to Forbes Magazine, Canada and the US enjoy the world’s most comprehensive bilateral trade and investment relationship, with goods and services trade totalling upwards of a trillion dollars.
This economic partnership between the U.S. and Canada supports millions of jobs in both countries through direct foreign investment, cross-border trade and integrated economies.
After 25 years, the United States, Mexico, and Canada are bringing into force a new agreement – the United States-Mexico-Canada Agreement (USMCA). It is built on NAFTA’s successes and maintains free trade in North America while helping ensure the benefits are more widely shared.
There are many different factors why Canada may be a beneficial place for your business to operate. Canada is a beacon of political, economic and social stability amidst a world stymied by uncertainty and inequities.
Canada has experienced stable economic growth, even during the 2008 global financial crisis. This should give the world confidence that the country can rise to meet the challenges created by COVID-19. Canada has also previously been ranked #1 in Forbes’ Best Countries for Business List and has earned its global reputation due to its strong banking system, trade freedom, investor protection, low corruption and low corporate tax rates.
Over the past decade, Canada has already seen a growing trend among international tech companies and investors who favourably view Canadian soil as a leading environment in which to do business, expand or relocate human capital and resources.
COVID-19 has brought many economic changes, and some of these changes will be transformative. Companies are contemplating allowing more of their employees the option to permanently work remotely. Many Canadian cities offer low cost of living, reasonably priced housing markets, and other factors that enable work from home solutions for your workforce.
Kadri Law can help you evaluate work from home solutions and through the lens of immigration and global mobility in the age of COVID19. We can work with your Company to help transform your workforce to meet any challenges no matter how complex.