Canada Possible Solution to US Immigration Ban: Kadri Law
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Canada Possible Solution to US Immigration Ban: Kadri Law

By Kadri Law

Canada Possible Solution to US Immigration Ban: Kadri Law

US Companies, specifically in the technology industry, now face the threat of losing access to talent from around the world unless they explore nearshore strategies that can relocate their highly skilled global talent. 

US President Donald Trump has signed an executive order that significantly expands current immigration restrictions to include a number of foreign worker programs, among which H-1B visas widely used by technology company workers and their families, and L-1 visas for managers and other key employees of multinational corporations.

Following Trump's announcement, Canada's immigration minister Marco Mendicino stated that Canada will continue to welcome talent from all around the world in a message that seems to target foreign workers affected by these US visa restrictions and suspensions. Mendicino also signaled that Canada's immigration policy remains very much vested in the belief that immigration will be a part of the solution, not the problem, and will act as a springboard to the country's economic recovery post-COVID-19. 

Eddie Kadri, a leading Canadian immigration lawyer in Windsor, ON, says: "Canada can be a viable solution for many US companies looking to port highly-skilled foreign talent. Kadri Law has been ahead of the curve on these issues as we continue to be engaged by US companies seeking solutions to address their objectives. We remain at the forefront of drafting innovative cross-border solutions to address the uncertainty caused by US visa restrictions while continuing to devise strategies that take full advantage of Canadian immigration law."

For many American companies, the use of an existing subsidiary/branch or the establishment of a new one could enable the temporary transfer of affected technology talent into Canada. This can be a critical first step in assembling a roster of talent parked nearshore in Canada and ready for North American deployment. Canada also has unique pathways to Permanent Residence such as the Express Entry program, the Global Talent Stream, and other programs that bring entrepreneurs, professionals, innovators, and highly skilled laborers to Canada. With respect to the current situation in the US, comprehensive bi-national strategies may even allow these workers to be contracted back to a US company in certain situations.

With the US, Canada, and Mexico preparing to usher at the beginning of a historic new USMCA on July 1, Canada finds itself in a unique position amidst a world stymied by uncertainty. Over the past decade, it has seen a growing shift among international tech companies and investors who favorably view it as a leading environment in which to do business. This upward trajectory has led to a booming Canadian tech sector that is well-positioned to offer viable business solutions to companies around the world.

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