Canada could be a solution to the U.S. Immigration Ban

President Trump signed an executive order, expanding immigration restrictions to H-1B, H-2B, J-1 and L-1 visas, which will impact cultural exchanges as well as managers or other key employees for multinational companies.
Canada can be a viable solution for many US Companies seeking to port highly skilled foreign talent facing this crisis in the US.

US President Donald Trump has signed an executive order that significantly expands current immigration restrictions to include a number of foreign worker programs.  This new executive order adds even more work visas to the temporary freeze and now applies to H-1B visas, which are widely used by major American and Indian technology company workers and their families.  It also applies to H-2B visas for nonagricultural seasonal workers, J-1 visas for cultural exchanges and L-1 visas for managers and other key employees of multinational corporations.  

This latest executive order has contributed to a visa crisis that continues to worsen in the US.   As the frustration and uncertainty continues to grow, US Companies now face the real fear of losing talent from around the world.   As a result, Canada has been thrust into the spotlight as many multinational Corporations are scrambling to explore nearshore Canadian strategies to relocate their highly skilled global talent, specifically in the technology sector of the US economy. 

Canada’s immigration minister Marco Mendicino has sent a clear message that Canada will welcome talent from all around the world, including from those inside the US who are affected by these visa restrictions and suspensions.  Mendicino’s message is simple – Come to Canada.   Canadian Immigration policy is still very much vested in the belief that immigration will be a springboard to Canada’s economic recovery.  To this end, Canada will welcome the talent of the best and the brightest from around the world. 

In Canada, Kadri Law is widely regarded as an industry leading Business Immigration Law Firm with a global practice.  Our firm has been ahead of the curve on this issue.   In fact, over the past few years, Kadri Law has ascended to the forefront of drafting innovative cross border solutions to address the uncertainty caused by US Visa restrictions.    We continue to be laser focused on designing solutions in the form of innovative strategies that take full advantage of Canadian immigration law.

Kadri Law continues to lead this effort.  We are very much engaged by many of the largest US Companies seeking solutions to address this crisis.  Canada can be a viable solution for many US Companies seeking to port highly skilled foreign talent facing crisis and uncertainty in the US.  At Kadri Law, innovation is at the heart of our ability to address devise immigration strategies and execute them with speed and precision.  We have many tools and resources at our disposal.   

For many US Companies, the use of an existing subsidiary or branch, including the establishment of a new one in Canada if necessary could enable the transfer of technology talent from the uncertainty in the US to Canada.  This can be a critical first step in assembling a a roster of talent parked nearshore in Canada and ready for North American deployment.   Canada also has innovative pathways to Permanent Residence such as our Express Entry program, the Global Talent Stream, and other streams that bring entrepreneurs, engineers, and innovators to Canada from around the world.   We also have pathways for skilled labourers and trade workers.

Kadri Law recognizes that Canada can be a dynamic platform for a US Company to port talent from around the world for North American deployment.   Canada is well suited for this role on many different levels.   With respect to the situation in the US, comprehensive bi-national strategies may even allow for these workers to be contracted back to the US Company in certain situations.

Canada finds itself in a unique position while continuing to be a beacon of political, economic and social stability amidst of world stymied by uncertainty and inequities.    Over the past decade, Canada has already seen a growing trend among international tech companies and investors who favourably view Canadian soil as a leading environment in which to do business, expand or relocate human capital and resources.  There is no doubt that this upward trajectory has led a Canadian tech sector that s booming.  

While Toronto may still dominate Canada’s tech sector, other dynamic markets across the country are making inroads during this boom.    Canadian cities like Windsor that border with large US cities are now thrust into the spotlight.   Windsor has a very low cost of living with diverse, vibrant, and safe communities.  Windsor offers accessible corporate infrastructure for big and small Employers while sitting in close proximity to North America’s pre-eminent international US-CANADIAN border crossing.  Our city is situated along the Windsor-Detroit corridor, universally regarded as the gateway to North America.  The Windsor-Detroit corridor is home to one of the world’s largest trade routes, including CBSA/IRCC immigration processing posts that are equipped and enabled to facilitate trade and investment in Canada.   Also, in the age of COVID19, Windsor can offer ideal work from home capabilities.  

You’re not alone if your US Company has concerns about how the US Visa crisis may affect your ability to attract and retain top global talent.   Kadri Law represents many of the leading companies doing business throughout North American.  Our firm’s specialized Immigration and related business law focus will allow us to examine your circumstances and develop comprehensive and innovative Canadian immigration strategies.

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