In the USA and Canada, Intracompany Transferee (L-1 visas in the USA and Intra-Company Transfer (ICT) visas in Canada) allow multinational companies to move their employees between countries, but there are key differences in the processes, eligibility criteria, and permanent residency (PR) options, particularly regarding language requirements.
USA (L-1 Visa: Intracompany Transferee)
- Purpose: The L-1 visa allows companies to transfer employees from a foreign office to a U.S. office. There are two main categories:
- L-1A: For executives or managers.
- L-1B: For employees with specialized knowledge.
- Eligibility:
- The employee must have worked for the company outside the U.S. for at least one continuous year within the last three years.
- The U.S. company must be related to the foreign company (subsidiary, affiliate, branch, etc.).
- Permanent Residency (PR):
- L-1 visa holders may apply for a Green Card (permanent residency) through various employment-based immigration categories (e.g., EB-1 for executives).
- Language Requirement: There is no specific requirement for English or any other language to apply for a Green Card through employment-based categories.
Canada (Intra-Company Transfer – ICT)
- Purpose: Similar to the U.S. L-1 visa, Canada’s ICT allows multinational companies to transfer employees to Canada. There are three main categories:
- Executives: Senior management.
- Managers: Managing a department or function.
- Specialized Knowledge Workers: Employees with specialized expertise that is critical to the company.
- Eligibility:
- The employee must have worked for the company outside of Canada for at least one continuous year in the last three years.
- The Canadian company must be related to the foreign company (subsidiary, affiliate, branch, etc.).
- Pathway to Permanent Residency (PR):
- ICT workers can often apply for PR under various streams like the Express Entry system (particularly under the Canadian Experience Class or Provincial Nominee Programs).
- Language Requirement for PR:
- Express Entry: If applying for PR through the Express Entry system, ICT workers will need to demonstrate language proficiency in either English or French (through tests like IELTS or CELPIP for English or TEF for French).
- Canadian Experience Class (CEC): Requires language proficiency at Canadian Language Benchmark (CLB) levels depending on the job classification (e.g., CLB 7 for managerial roles).
- Some Provincial Nominee Programs (PNP) may also require proof of language proficiency.
Key Differences in Language Requirements for Lawful Permanent Residents (LPR- Green Card):
- USA (L-1 visa to LPR): No language proficiency requirement for applying for permanent residency.
- Canada (ICT to PR): Language proficiency in English or French is mandatory for most pathways to PR, particularly through the Express Entry system or Provincial Nominee Programs.
In summary, while the USA does not require language proficiency for LPR applications following an L-1 visa, Canada does require language testing for ICT visa holders if they wish to apply for PR under certain categories like the Express Entry system.
For further assistance, contact our experienced USA and Canada immigration team, which has more than a decade of experience in business immigration. We are conveniently located in Downtown Vancouver and can provide expert advice on navigating intercompany transfers and pathways to permanent residency.