Temporary work permit to Canada while working for an American employer?

[oehmoda]

Hi,

I work for a US employer who has been trying to get me an H-1B number but my name was not chosen in the lottery last year. If I do not get an H-1B this year, I'll need to leave the US. My employer is considering sending me temporary to Canda for a year and then I'll apply again for the H-1B the year after. If would just be doing work remotely for my US employer. Is there any kind of work permit in Canada that would allow such thing?

Thanks in advance.

 

[scylla]

No - no such work permit exists.

To qualify to apply for a work permit for Canada you would need a full time job offer from a Canadian employer and that employer must also obtain permission to hire you through an approved Labour Market Opinion.

You can try applying for a visitor visa to Canada. However you will have to demonstrate that you are a genuine tourist and have strong ties to your home country (which may be difficult to do from the US). At most, the visitor visa will allow you to visit Canada for six months. You can then try applying for an extension - however as with the original visitor visa, there's no guarantee of approval.

 

[oehmoda]

@scylla, thanks for you reply.
My employer has offices in Canada. Would an intra-company transfer work? I am not particularly looking for a Canadian work permit. I am just looking for a legal status where I can stay in Canada and work temporarily for my US employer.

 

[scylla]

It's probably a long-shot since the intra-company transfer is meant for those who are being relocated more permanently. But you can certainly give it a shot provided you meet all of the criteria (specialized knowledge, your level is senior enough, etc.).

 

[oehmoda]

Thanks.

I consulted with a lawyer and they're telling me that I would need to work in a project in Canada. I cannot work on the same project I am working in the US while in Canada. I wounder how people do that intra-company transfer. I mean people get transferred to Canada all the time. It surprise me that they all need to switch their projects.

 

[scylla]

I'm not sure I understand what you are asking. When people are transferred to Canada through the intra-company transfer, it's because they are taking jobs in Canada to work on Canadian projects. That's not what you're doing. You're trying to live in Canada while effectively still working a role in the US. This is not what the intra-company transfer is for which is why it doesn't fit what you are trying to do. Yes - people do get transferred to Canada all the time - but again, it's because they are taking roles based in Canada.