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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.

Up to 3 years (or 1 year for a new Canadian office), with renewals possible.
Your spouse can get an open work permit, and your children can attend Canadian schools.
Yes. Many ICT workers become permanent residents after gaining Canadian work experience.

Contact our office for details. Our immigration legal service in Winnipeg will assess your eligibility per CIC criteria and submit your application.