Canada Immigration Alternatives in Response to Proclamation 10014

US employers looking to hire foreign nationals but limited by Proclamation 10014 might consider Canada immigration alternatives. By leveraging “nearshoring,” employers can use a unique and creative temporary solution. Countries near the US often have immigration policies that are less restrictive than those of Proclamation 10014.

What are Canada Immigration Alternatives?

GMS spoke with Michelle LePage, Founder/Managing Partner and Senior Global Administration Advisor at Global Mobility Partners, LLC. Michelle agreed to share her industry knowledge and immigration expertise on Canada immigration alternatives.

What is Proclamation 10014?

On April 22, 2020, the Trump Administration unveiled Proclamation 10014. The proclamation is sometimes referred to as “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.” Additionally, as of June 22 this proclamation is subject to continuance through December 31, 2020. These proclamations serve to limit entry of foreign nationals under several classes of immigration visas, including:

  • H-1B Specialty Occupations
  • H-2B Temporary Non-Agricultural Workers
  • H-4 Dependent Spouses and Unmarried Children Under 21
  • J-1 Exchange Visitors
  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge

These classes of immigration visas include several that are in wide use among technology industry companies such as Google, Apple, Facebook, Salesforce, and Twitter. Google alone is responsible for over 6,500 applications for H-1B visas in 2019. In theory, Proclamation 10014 should drive these companies to hire workers that are already in the US. However, Canada immigration alternatives might provide another avenue for highly skilled foreign nationals.

What are Canada Immigration Alternatives?

US employers with foreign national employees may be able to use Canada immigration alternatives that will bring/keep the employee close to the US. For employers that can meet the requisite criteria, a number of benefits may accrue, including:

The ease of immigration into Canada versus the US makes Canada immigration alternatives a particularly viable option for US employers.

What are the Key Criteria?

At Global Mobility Partners, LLC, we have created a number of helpful documents that describe the requirements for various countries. For Canada, the primary immigration category for temporary expatriates is covered by an Intra-Company Transfer (ICT) Work Permit. ICTs are designed specifically for foreign nationals who are temporarily transferred by their employer to an affiliate office in Canada for a temporary work assignment. A major benefit of the ICT is that it does not require a Labor Market Impact Assessment.

Our Canada Work Authorization Summary Sheet notes three key criteria:

  • Employee must meet minimum education and/or experience requirements in order to qualify as either a Specialized Knowledge Worker or a Manager
  • Must be transferred to a branch, subsidiary, or affiliate of the current employer
  • Employee must have worked continuously for the current employer at least one year in the preceding 3 years in a position similar to the Canadian position

Canada immigration alternatives such as the ICT are initially valid for 1-2 years, but may be extended:

  • Up to 5 years for a Specialized Knowledge Worker
  • Up to 7 years for a Manager

What Should US Employers do About Canada Immigration Alternatives?

Because of the specific requirements in the immigration process, we recommend US employers contact us before taking action. There are several important points for employers to note. For example, Canada has strict limits on allowable activities for business visitors. Also, any criminal history may render a foreigner as inadmissible to Canada depending on the nature of the infraction and length of time passed. A thorough legal analysis will determine if this is applicable. Consultation with an expert from Global Mobility Partners, LLC, will help US employers to develop effective plans and solutions for Canada immigration alternatives.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients learn about important issues such as visa and immigration options for their organization. Our mobility consulting team can help your company understand if it can leverage Canada immigration alternatives with the assistance of the experts at Global Mobility Partners, LLC.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to learn more about Canada immigration alternatives, or give us a call at 800.617.1904 or 480.922.0700 today.

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