Intra-Company Transfer (ICT)
A&M Canadian Immigration Law Corporation
Intra-Company Transfer (ICT) Explained
If you’re working in the US and looking for a faster, more reliable way
to move to Canada, the Intra-Company Transfer (ICT) program may be your
best option.
The ICT program allows multinational companies to transfer key employees
— executives, managers, and specialized workers — from their US operations to a
Canadian branch, affiliate, or subsidiary. It’s a popular pathway for
professionals on H-1B visas who want more stability and a clearer route to
permanent residency.
What is the ICT Program?
ICT is a Canadian work permit program that makes it easier for companies
to move important staff across borders. Unlike many other work permits, it does not require a Labour Market Impact Assessment (LMIA) — the process where
employers prove no Canadian is available for the job.
Instead, ICT is based on the idea that bringing in skilled employees
will provide a significant benefit to Canada’s economy.
Who Can Apply?
You may qualify if:
- You’ve worked
for your US employer for at least one year in the last three years.
- Your employer
has a qualifying relationship with the Canadian company (branch,
subsidiary, or affiliate).
- You’ll be
moving into an executive, managerial, or specialized knowledge role in Canada.
Who Applies — Employee or Employer?
This is a common question, and the answer is: both have roles to
play.
- The Company’s
Role: The Canadian office (branch, subsidiary, or affiliate) is the one
that initiates and supports the transfer. They must prove:
- the corporate
relationship between the US and Canadian entities,
- that they
have a real business presence in Canada (with physical office space), and
- that the
transfer is necessary for the Canadian business operations.
- The Employee’s
Role: Even though the company drives the process, the work permit is
issued in the employee’s name. The employee must provide:
- proof of
their employment history with the company,
- résumé and
reference letters showing their role, and
- documents
like passport and biometrics.
In other words: the application is employer-driven but
employee-focused. The company proves the business case, and the employee
shows they qualify for the role.
What Changed in 2024?
In October 2024, Canada introduced stricter rules for ICTs. Some
highlights:
- Stronger
company requirements: The US company must already operate in at
least two countries to qualify.
- Workplace
requirements: The Canadian office must have a physical location.
Shared or virtual addresses don’t count.
- More
experience expected: Officers now often look for two or more years
of work history with the company before approving transfers.
- Wage checks: Wages
offered must be in line with Canadian market standards to prevent
underpayment.
These changes mean applications are now more closely reviewed, and the
risk of refusal has increased.
What is the H-1B Visa & ICT?
The H-1B visa is a temporary US work visa for foreign nationals
in specialty occupations requiring specialized knowledge and at least a
bachelor’s degree (or equivalent).
- Eligibility: Requires an
offer of employment from a US-based employer in fields such as IT,
engineering, medicine, or business.
- Duration: Issued for
up to 3 years, renewable for a maximum of 6 years.
- Annual Cap: Capped at 65,000
visas per year, with an extra 20,000 available to those with
advanced US degrees.
- Limitations: Subject to a
lottery system, employer-specific restrictions, and lengthy green card
backlogs.
Because of these challenges, many H-1B workers explore the Canadian
ICT program as an alternative — offering LMIA-exempt work permits, quicker
processing, open work permits for spouses, and pathways to permanent residency.
Benefits of ICT
- Faster
approvals: No LMIA process.
- Family
included: Spouses can get an open work permit, and children can
go to school.
- Path to
permanent residency: After gaining Canadian work experience, ICT
workers can apply through Express Entry or a Provincial Nominee
Program (PNP).
Flexibility: Work permits are valid for 1–3 years and can be renewed (up to 5 years for specialized workers, 7 years for managers and executives).
Why Work with an Immigration Lawyer?
The new rules mean ICT applications need strong documentation:
proof of the company’s multinational status, business premises, proper wages,
and the employee’s qualifications. Mistakes can lead to delays or refusals.
An experienced immigration lawyer can make sure your application is well-prepared,
compliant with the latest IRCC requirements, and strategically presented.
Book a Consultation
Thinking about moving to Canada under the Intra-Company Transfer
Program?
Book a consultation today with an experienced immigration lawyer who can guide
you every step of the way.
Frequently Asked Questions
Yes — many H-1B professionals use ICT to move to Canada. But it’s not
just you applying alone: your employer’s Canadian office must also support
the transfer. The company provides proof of the corporate relationship and
business need, while you provide your personal documents and proof of your
role. Together, this forms the ICT application.