The Complete Guide for American Companies Expanding to Canada

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US Companies: How to Employ Canadian Workers

The United States is the global leader in the Tech industry. US tech firms employ millions of software engineers, developers, and coders to stay on the cutting edge.

Due to the huge need for more talent, many of these companies hire from outside the pool of US citizens. For foreign-born workers at US tech companies, the standard route to legal employment involves applying for and receiving an H-1B visa.

The H-1B visa is a temporary work visa for specialized occupations. Essentially, the H-1B is reserved for foreign-born workers who have attained at least a bachelor’s degree or equivalent work experience and are doing a job that requires specialized knowledge. This includes almost all tech workers and all “knowledge workers” more generally.

The visa is good for 3 years and can be extended an additional 3 years. It is often a pathway to a green card and potentially, US citizenship.

The state of US immigration policy is changing rapidly, however, and fewer H-1B visas are being issued. The competition among firms to secure an H-1B for their workers has become more intense.

This means that small and medium-sized firms are often left scrambling if their foreign-born workers are not awarded the H-1B. There is another way to stay employed at a US-based firm, however, without a visa from the United States government.

Canada’s Global Skills Strategy (GSS) Program

A great option for US-based companies seeking to retain their foreign-born workers is to relocate them to Canada. The Canadian government’s Global Skills Strategy program is designed to help facilitate and streamline the immigration of specialized workers into Canada.

The new policy allows for foreign-born workers who have college degrees, especially in specialized, in-demand fields, to begin working in Canada within 30 days of securing a job offer. 

The program also includes the Global Talent Stream Work Permit, which expedites the work permit process for highly skilled workers in certain occupations, allowing them to work in Canada within two weeks of applying.

The really innovative aspect of this relocation approach comes next. US firms can partner with an Employer of Record (EOR) which enable compliance with Canadian labor laws while remaining legally employed by their US firm. Notably, we at Syndesus are leading the charge with helping US companies keep their employees on while resettling them in Canada.

EORs Paving the Way

This strategy is perfect for small-to-medium-sized tech firms that employ foreign-born engineers and developers. Since their work can often be done remotely, living in Canada is a realistic option for these employees.

Staying on as a full-time employee is much more appealing to both worker and employer, as opposed to contractor status.

An EOR allows full legal employment and ensures that labor regulations of both countries are complied with. Having employees based in Canada is often less costly than paying salaries required to live in big US tech centers like Silicon Valley or Boston.

Along with the advantage of avoiding the hassle of US immigration policy and vying for an H-1B, many tech workers prefer the lower cost of living in Canada.

If you’re interested in learning more about how an EOR can enable your employees to work from Canada, schedule a free EOR consultation.