Change to a Temporary Foreign Worker (“TFW”), as Specialized Knowledge Worker under IntraCompany Transfer (“ICT”) as of June 9th, 2014

Temporary-Foreign-Worker-Program-ChangesWith the new policy, there are two important changes you need to know about:

First, we must prove that the TFW  demonstrates, on a balance of probability, a high degree of BOTH proprietary knowledge AND advanced expertise or “knowledge at an advanced level of expertise” and “proprietary knowledge of the company’s product, service, research, equipment, or techniques.” Under the old policy, we only had to show one or the other.

In order to demonstrate advanced proprietary knowledge, we have to show EITHER “uncommon knowledge of the host firm (Canadian firm)’s products or services and its application in international markets, OR “an advanced knowledge or knowledge of the company’s processes and procedures such as its production, research, equipment, or techniques.”  For an advanced level of expertise, we require to show specialized knowledge gained through significant and recent (last 5 years) experience with the organization and used by the individual to contribute significantly to the employer’s productivity.

Specifically, for the latter, the Canadian company needs to show the TFW’s abilities that are unusual and different from those generally found in such industry as well as within the host company and how his/her employment in the host company would make a significant change/improvement to the overall business.  In addition, we need to show some training for Canadians in the host company, but TFW cannot receive any training about the host company operation to prevent any job displacement in future.

Secondly, there is now a mandatory wage floor, which was not applicable in the past.

Please note that this policy and guidelines exclude any ICTs under any Free Trade Treaties, such as NAFTA.

If you have any individual questions or concerns, please contact our office for more customized consultation for your unique situation.  Please note that this posting is for general information only and is not to be considered binding or official legal counsel since situations will vary and can be complicated. The content in this post is current as of the day of entry. Due to the changing nature of Immigration law, the information in this entry may or may not still be applicable.

 

 

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