American or Mexican Companies can use the Intra Company Transferee provisions to transfer their employees to Canada. In order to qualify:

• The employee must be in an executive or managerial position, or one involving “specialized knowledge” relating to their company’s business;
• The enterprise in the USA or Mexico must have either a parent, branch, subsidiary, or affiliate relationship with the Canadian firm
• The employee must have been with the overseas affiliate for at least 1 year in the past 3 years.

This provision can be useful for American or Mexican firms interested in starting up new Canadian operations, as well as for transfers to existing Canadian affiliates, provided that the transferees meet the above requirements.

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