Written by Benjamin Green, Spencer Green, and Robert St Aubin
In today’s globalized economy, entrepreneurs and tech workers are increasingly seeking new opportunities to expand their businesses and careers in North America. As the tech economy becomes more global, mobility of founders and their employees has never been more vital. Canada and the U.S. both offer a range of options for entrepreneurs and workers in the tech sector looking to immigrate and bring their businesses to North America. Whether you are a founder looking to scale your business in North America or a tech professional looking to advance your career, understanding the various temporary and permanent immigration options in both Canada and the U.S. is critical.
The following is a selection of Canadian and American immigration programs for entrepreneurs, businesses and tech workers to help you access and navigate moving to North America:
Canadian Immigration Programs
Start-Up Visa (SUV) Program
The SUV business immigration program is a Federal Program and offers a direct pathway to Permanent Residence for immigrant entrepreneurs with the skills and potential to build businesses in Canada that are innovative, create jobs for Canadians, and can compete on a global scale.
To apply under this program, applicants must create a start-up that can obtain a letter of support from a designated Canadian business incubator, venture capital fund, or angel investor group. Applicants must demonstrate that they are actively managing the business in Canada throughout the processing time. Applicants who are deemed essential may be eligible to apply for a work permit to come to Canada during the processing time to work on the business.
Intra-Company Transfers for Start-Ups
Foreign nationals who have worked full-time for a multi-national start-up for at least one out of the past three years also have a pathway to temporary residence in Canada through an Intra-Company Transfer. Under this pathway, a foreign national can obtain a Labour Market Impact Assessment (LMIA) exempt Work Permit to work at a Canadian subsidiary, branch or affiliate of their multi-national start up, so long as the worker is being transferred to an executive, managerial or specialized knowledge position.
This program places certain requirements on start-up businesses such as demonstrating that the company has the financial ability to commence business in Canada and compensate employees and has a realistic staffing plan. These work permits have a one-year validity period and can be renewed.
Global Talent Stream
The Global Talent Stream offers employers an expedited pathway to hire skilled Temporary Foreign Workers to fill in-demand occupations in the tech field, including software designers, computer engineers, and web developers. Employers using this program must obtain a valid LMIA, as well as a Labour Market Benefits Plan demonstrating their commitment to activities that will have lasting, positive impacts on the Canadian labour market.
Trader and Investor Exemptions under the Canada-United States-Mexico Agreement (CUSMA)
Under the CUSMA, traders and investors from the United States and Mexico can apply for an LMIA exempt Work Permit to temporarily work in Canada. These applicants must plan to either carry on substantial trade in goods or services between their home country and Canada, or seek to establish, develop or administer an investment in Canada with substantial capital, or provide the operation of this investment with advice or key technical services. As well, these persons must perform these duties in a supervisory, executive or essential skills capacity.
United States Immigration Programs
EB-5 Immigrant Investor Program
This program allows investors and their immediate families to apply for Green Cards if they make investments in approved and registered commercial enterprises in the United States and plan to create or preserve 10 permanent full time-jobs for qualified US workers. The current minimum investment amount for targeted employment areas is $800,000 USD. For high-employment areas, the minimum investment amount is $1,000,000 USD. The process can take many years and should not be attempted casually.
E-1 Treaty Traders
Under this pathway, foreign nationals of countries with a treaty or another qualifying international agreement with the United States are eligible, along with their immediate family, for a temporary stay in the United States to build on their preexisting substantial client base in the country.
The E-registration for an individual entity lasts 5 years, during which time an entity can apply for work permits for employees in service to that registered enterprise, though there is no limit to the number of times an entity can be re-registered.
E-2 Treaty Investors
Similarly, for those nationals of E-agreement countries with strong business plans and deployed capital in support of their business, there is the ability to apply for temporary work visas on the basis thereof. The pattern of E-Registration and subsequent work permit issuance applies here as well.
Notably for both E-class visas, they are work permits, not permanent residence. Careful attention should be paid to the “immigration life cycle” and how foreign nationals seek to establish themselves in the country temporarily or may seek to put down roots for a longer term.
Whether you are an entrepreneur with an innovative business idea, a foreign start-up looking to expand operations into Canada or the United States, or an employer looking to hire top tech talent, there are many North American immigration options to suit your business needs. For Canadian queries, contact Spencer Green at spencerg@gands.com and for U.S. queries, contact Benjamin Green at benjaming@gands.com to set up a consultation.
