As the H-1B visa continues to be a competitive and elusive option for highly skilled international workers in the United States, many employers and employees find themselves seeking alternatives. Canada presents a viable solution with its range of LMIA-exempt work permits, which can serve as an attractive option for retaining global talent. Key LMIA-Exempt Work Permits in Canada Canada’s immigration framework includes several strategic options that do not require a Labour Market Impact Assessment (LMIA), making them particularly appealing for those not selected in the H-1B lottery: Intra-Company Transfers (ICT): This category facilitates the movement of employees who hold managerial, executive, or specialized knowledge positions within multinational companies. Employees can transfer to Canadian branches, subsidiaries, or affiliates without the need for an LMIA, ensuring a smoother transition. C10 Significant Benefits: Individuals who can argue they are going to make a significant economic, social. or cultural benefit to Canada can obtain an LMIA exempt work permit. C20 Reciprocity Category: Part of the International Mobility Program, this category allows specific foreign workers to contribute to Canada’s economy or culture significantly. These contributions, made through reciprocal agreements, also allow for LMIA exemption. Accelerating the Process with Global Skills Strategy One of the hurdles of international relocation can be the lengthy processing times for work permits. However, Canada’s Global Skills Strategy (GSS) addresses this by offering expedited processing, often within two weeks, for eligible skilled workers. This is particularly beneficial for those in the U.S. whose visas may soon expire, as it facilitates a timely and efficient transition to maintain employment continuity. Benefits for Employers and Employees Utilizing LMIA-exempt pathways like the ICT or C10 offers significant benefits: Continuity and Efficiency: These options enable the seamless continuation of projects and the retention of specialized skills, which are critical to multinational operations and could be disrupted by U.S. visa limitations. Strategic Expansion: Establishing a more substantial presence in Canada not only helps companies tap into the North American market more effectively but also provides a stable base for future growth. Simplified Administrative Processes: The exemption from the LMIA streamlines many of the legal and bureaucratic challenges associated with international transfers, making it easier for companies to manage their global workforce. For those highly skilled workers in the U.S. who did not secure an H-1B visa in the FY2025 lottery and are ineligible for other U.S. work visas, relocating to Canada with an LMIA-exempt work permit presents a promising and efficient alternative. These pathways, particularly the intra-company transfers and C10 Significant Benefits program, along with the streamlined processes provided by the GSS LMIA, offer companies a strategic means to retain essential talent and allow individuals to advance their careers without substantial disruption. U.S. Employers U.S. Employers can also set up a Canadian branch or subsidiary office and leverage the above-mentioned programs to house talented workers who have been unable to renew their H-1B visas or transition to Green Card status. Employers can relocate foreign workers to Canada, where they remain in North America timezones and can service U.S. clients remotely. Stationing H-1B holders in Canada also allows a U.S. company to re-set the 6-year time clock on H-1B visas, allowing the company to move them back into the U.S. after one year. Alternatively, H-1B workers with Canadian work permits have a faster route to Canadian permanent residence, allowing the U.S. company to maintain it’s workforce without worrying about U.S. visa renewals. If you would like to discuss setting up an office in Canada to leverage Canadian work permits, please contact Andres Pelenur or Devika Penekelapati. Back to all posts Share this post:
Office Clinical Psych I cannot speak highly enough of the exceptional service provided by the Canadian Immigration law firm, particularly Attorney Andres. From the outset, their dedication to resolving my Canadian immigration matters was evident. Attorney Andres exemplified professionalism and empathy, dedicating ample time to understand my situation during our appointments. His communication skills were exemplary; he not only actively listened but also ensured clarity by summarizing our discussions and outlining the next steps via email promptly. Moreover, Attorney Andres’ profound knowledge of Canadian law was evident throughout the process, enabling him to navigate our various immigration matters effectively. His thorough analysis revealed potential roadblocks, prompting him to proactively engage with government agencies to obtain necessary details, all without incurring additional costs. The firm’s commitment to excellence and client satisfaction sets them apart. I highly recommend their services to anyone navigating Canadian immigration complexities. Thank you, Attorney Andres and the entire team, for your unwavering support and expertise.
sapan purewal Devika is the best. She is very knowledgeable and will always give her honest advice. She is very understanding and will put in extra effort if your situation demands so. I highly recommend her for all your immigration needs.
Bhumika Kashyap My husband and I had great experience working with Border Law Firm from beginning to end. They answered all my questions and mention the best option First, to get my husband spousal open work permit approval and Second, to get my permanent residence. I am very thankful to Devika Ma'am and Jenny they give great and detailed advice on each part of your application. They were very professional and punctual at their response throughout the process.
ravinder kaur I and my family want to express our sincere thanks and gratitude to Devika, John and the team at Borders Law firm for assisting us with the PRTD application at a time when most processing was closed due to lockdowns. They also worked proactively with us to establish a good strategy with back up plans which gave us sufficient information and assurance. Very responsive and forthcoming with information. Proactive in processing but at the same time they put enough time in the application and the supporting details to have high quality of the application. As a result our application was processed in 1 go at a time when it was critical and sensitive time for the family. Thank you again.