FROM HOPE TO REALITY
Under the Global Talent Stream, Canadian employers seeking to hire specific IT professionals may qualify for an expedited and facilitated Labour Market Impact Assessment (LMIA). Examples of qualifying occupations include:
When applying through the Global Talent Stream, employers benefit from a two-week processing time for their LMIA. Once the LMIA is approved, foreign workers are also eligible for a two-week processing time for their work permit application.
Under the Canada-United States-Mexico Agreement (CUSMA), there is a list of approximately 60 occupations that qualify for a facilitated work permit known as the CUSMA Professional Work Permit. Some of the eligible occupations related to IT include:
This work permit is advantageous because the Canadian employer is not required to obtain a Labour Market Impact Assessment (LMIA) before the American or Mexican citizen applies for their work permit. As a result of this exemption, employers can bring foreign workers to Canada in a shorter timeframe.
Intra-Company Transfer (ICT) is another facilitated work permit option, similar to the CUSMA Professional Work Permit, in that it does not require a Labour Market Impact Assessment (LMIA). To be eligible for the ICT work permit, the worker must have been employed with the company abroad for at least one year, and there must be a qualifying relationship between the two companies (subsidiary, affiliate, parent, or branch).
Unlike the CUSMA and Global Talent Stream, there is no exhaustive list of eligible occupations for intra-company transferees. Instead, there are three categories under which a worker may qualify. The first two categories typically pertain to managerial positions, which may not apply to the IT sector. The third category, however, is for workers with specialized and proprietary knowledge of the company or its products, which is often how IT professionals utilize the ICT work permit.
As companies continuously innovate and experiment with new techniques to expand their product offerings, employees may acquire highly specific training and experience in certain domains. This can make it challenging to hire even the most qualified Canadian IT professionals. In such cases, it becomes necessary to transfer an employee from abroad who possesses intimate knowledge of the company’s proprietary systems and products. This includes, but is not limited to, Programmers and Developers who have designed the company’s software products, or Computer Engineers who have developed specific programs for the company’s internal use.