Immigration lawyers in the US who specialize in Canadian immigration frequently represent US employers who want to expand their presence in Canada. The US company might have already established a legal presence in Canada, often because they previously had to employ a Canadian national and formed an entity there out of necessity. These companies can benefit from the administrative services provided by Canadian PEOs, which handle HR functions such as payroll, employment taxes, and employee benefits.
Now, they may want to maximize the potential of that office, particularly when facing hiring challenges in the US related to the H-1B visa applicants for their tech workers. Canadian employees play a crucial role in this expansion, ensuring compliance with local employment laws and fostering strong employee relationships. In this case, they may contact a Canadian immigration lawyer based in the US to support them with any Canadian immigration paperwork.
So, how can such a Canadian immigration attorney in the US help their clients invest in their Canadian entity? There are two creative strategies to consider that we’re going to explore in this article.
Partnering with a Canada PEO
Connect Your Clients with a PEO Canada to Manage Their Canadian Office
For US companies that want to grow their Canadian presence and attract top-tier talent, partnering with a Canadian Professional Employer Organization (PEO) that offers high-quality HR services can be a strategic move. Partnering with a Canadian PEO allows companies to hand over many of the technical and administrative aspects of employment, including legal, HR, payroll, and other tasks that would otherwise need to be handled by the US employer. Additionally, payroll services are part of the administrative tasks managed by the PEO.
Sharing Employer Responsibilities
The PEO contractually shares employer responsibilities with the US-based company – this means that while the US employer continues to manage and operate the day-to-day business and employee relationship, the Canadian PEO handles many of the time-consuming HR and employee management tasks. This partnership helps businesses minimize risks, reduce administrative burdens, and free up resources to focus on their core operations. Companies can focus on growth and strategic initiatives while entrusting many of the administrative and regulatory tasks to experts. The PEO’s expertise in Canadian employment law ensures compliance with ever-changing legislation and provincial regulations.
Focus on Core Business Activities
This partnership allows companies to concentrate on what they are best at while leveraging the PEO’s expertise to navigate Canadian regulations and effectively expand their Canadian entity. The PEO can serve as a bridge, allowing seamless growth in the Canadian market while minimizing the potential risks of running an entity abroad.
Benefits of Canadian PEO Partnership
One of the simplest solutions Canadian immigration attorneys can recommend to their US employer clients who want to expand their Canadian entity is to leverage a Canadian PEO. By shouldering the legal, HR, tax, payroll, and other burdens, they seamlessly ensure compliance with Canadian regulations while the Canadian immigration attorney handles their work visas and more!
Connecting US Companies with Canadian Talent
Attracting Tech Talent to Canada
Canada welcomes tech talent with open arms with streamlined programs like the Global Talent Stream (GTS), which offers fast-tracked processing and targeted pathways for in-demand skills. As part of the social security contributions, Canadian employees contribute to the Canada Pension Plan and employment insurance through taxes automatically deducted from their pay. This is especially attractive while US immigration pathways like the H-1B pose challenges, including limited quotas, backlogs, and strict requirements, which can create significant delays and uncertainty. Plus, Canadian visas offer a much faster path to permanent residency and Canadian citizenship, opening up immigration pathways that are almost unparalleled around the world.
Role of Canadian Immigration Attorneys
Canadian immigration attorneys based in the US can play an important role in linking US companies with skilled recruitment services specialized in sourcing local talent in Canada or internationally-based talent interested in relocating to Canada. They can bridge the gap between US companies and skilled professionals enthusiastic about relocating, ensuring compliance with local labor laws.
Global Talent Stream Benefits
Indeed, skilled workers with the technical experience, language proficiency, and enthusiasm to contribute meaningfully to a Canadian company’s growth also often have a high chance of successfully applying for Canadian immigration benefits, such as GTS work permits. One option is to refer clients to platforms like Path2Canada, which has a vetted database of tech professionals interested in immigrating to Canada who have a pre-screened high likelihood of approval for GTS.
Leveraging a Canada PEO for Canadian Expansion
Navigating Canadian Labour Law
Understanding labor laws and provincial labor laws is critical when operating in Canada to ensure compliance and avoid legal issues. Alternatively, our tech recruitment platform, Path2Canada, is an expansive database of thousands of skilled mid- and senior-level tech professionals eager to relocate to Canada and pre-vetted for Global Talent Stream success.
Advantages of Canadian PEO Partnership
Working with a Canadian PEO not only streamlines the administrative process but also provides companies with valuable insights into Canadian labour law. Navigating the complexities of provincial regulations can be daunting, but with the help of a PEO, companies can ensure they are compliant with all necessary legal requirements. This reduces the risk of potential fines and legal disputes, allowing businesses to operate smoothly and focus on their growth.
Comprehensive HR Services
Moreover, partnering with a Canadian PEO offers US companies access to comprehensive HR services, including employee benefits management, workers’ compensation, and compliance with employment standards. This holistic approach to human resources ensures that employees are well taken care of, which can lead to increased job satisfaction and retention. By providing competitive benefits packages and ensuring a positive work environment, companies can attract and retain top talent, further driving their success in the Canadian market.
Developing Effective HR Policies
Canadian PEOs also assist in developing and implementing effective HR policies and procedures tailored to the unique needs of each company. These policies help create a consistent and fair workplace culture, promoting employee engagement and productivity. With the PEO handling these crucial aspects of HR, companies can concentrate on their core business activities and strategic initiatives.
Overcoming H-1B Visa Challenges
For US companies facing challenges with H-1B visa applications, utilizing a Canadian PEO can be an effective solution. By hiring Canadian employees through a PEO, companies can bypass the limitations and uncertainties associated with the H-1B visa process. This allows them to quickly build a skilled workforce in Canada, leveraging local talent and benefiting from Canada’s more favorable immigration policies.
Conclusion
Canadian immigration lawyers play a vital role in helping US clients expand their presence in Canada. By connecting their clients with a Canadian PEO, they can provide a seamless and efficient solution for managing HR functions, ensuring compliance with Canadian labor law, and facilitating the hiring of top talent. This strategic partnership enables US companies to focus on their core operations while leveraging the expertise of a Canadian PEO to navigate the complexities of the Canadian market. Through these collaborative efforts, businesses can achieve their expansion goals and thrive in the Canadian business landscape.
Syndesus can help companies leverage their Canadian office and connect them with qualified tech workers
Syndesus is a one-stop solution for companies looking to tap into the Canadian market. Syndesus offers Canadian PEO and employer of record (EOR) services for US companies in Canada, managing the technical and administrative aspects of employment, such as benefits, HR, payroll, and immigration through our partners, unless we work directly with a Canadian immigration attorney who handles the immigration while we handle everything else.
Alternatively, our tech recruitment platform, Path2Canada, is an expansive database of thousands of skilled mid- and senior-level tech professionals eager to relocate to Canada and pre-vetted for Global Talent Stream success.
Reach out to us to learn more about how we can help you!
About Marc Pavlopoulos
Marc Pavlopoulos is the CEO and Founder of Syndesus, a Professional Employer Organization that provides PEO services for US companies seeking to employ workers remotely in Canada, builds engineering teams in Canada for VC-backed startups in the US, and set-up remote offices in Canada for US companies. Additionally, Syndesus can assist foreign-born tech workers (and their US employers) with options for working remotely in Canada if they cannot stay in the US due to immigration/work visa issues.
As an American who has moved to Canada twice (for grad school and for work), Marc understands the challenges involved in starting a new life in a new country. Marc is a son of an immigrant and has great respect for people who leave their home country and seek a better life in the US or Canada.
Marc’s goal is to do everything he can to help those individuals achieve their dreams. Marc also has a second venture (Path to Canada) which helps foreign-born technical workers who cannot stay in the US (for immigration reasons) get a job and work authorization to work in Canada.
