Retain Employees With Global Parking: A Solution to H-1B Cap Denials

By Michelle LePage

kyle-glenn-598701
Share this post
Share on facebook
Share on twitter
Share on linkedin
Share on pinterest
Share on email
Share on print

The H-1B visa denial rate has risen dramatically in recent years, making it more difficult for foreign nationals and U.S. employers to use this popular temporary work visa type. However, there is a solution for some H-1B cap denials:  global parking. 

We’ll break down what it entails and how employees may be able to take advantage of this tactic.

What is global parking?

Global Parking is the relocation of an employee to an employer’s affiliate outside of the U.S. In the event an employee is not selected in the H-1B Cap lottery, seeking an alternative abroad to “park” the talent is a common strategy.

Why would a company choose to park an employee abroad?

H-1B Cap applicants are highly skilled and specialized workers; therefore, companies can often justify the investment of relocating an employee abroad. It is important to retain talent and keep business operations running smoothly, or risk losing talent to a competitor.

What if the long-term plan is for the employee to work in the United States?

Global parking opens the door to alternative U.S. immigration options such as the L-1B and L-1A Intra-company Transfer visas, which are not subject to a lottery. Parking talent outside of the U.S. may make the employee eligible to return to the U.S. under the Intra-company Transfer category or until they are selected in an H-1B lottery in a later year.

Which companies meet the criteria for global parking?

Companies typically must have an affiliated entity in the destination country of choice in order to park an employee there. However, some solutions exist for countries such as utilizing a Professional Employer Organization (PEO) that act as a co-employer and place the employee on their local contract and payroll.

How can Global Mobility Partners assist?

We are available to strategize with employers and U.S. immigration attorneys to determine which destination an employee(s) might be best placed.

We offer in-depth analysis for employers who wish to consider global parking for their employees, and we specialize in strategizing the best solutions. Our services include:

  • Work permits
    We assist with authorization for transferring and hiring foreign nationals abroad.

     

  • Document support
    We’ll help you procure and authenticate documents to be valid for use abroad.

 

  • Business visas
    We offer extensive guidance to assist your employees in obtaining short-term business visas.

     

  • Consulting
    We offer consulting services for instances such as mergers, acquisitions, H-1B (such as global parking), and global travel compliance.

 

We can work directly with U.S. immigration attorneys so that you receive a cohesive US and global immigration strategy.

If your employee or client needs help with the complications of hiring foreign nationals abroad, schedule a call with one of our immigration experts today!

Country Work Permit Type Validity Possibly of Renewal Timeline Observation
Brazil
Work contract visa
Up to 2 years
Yes. After two initial years, candidate may renew visa for additional 2 years or transform visa into permanent residence.
4-6 weeks (varies significantly by consulate)
Candidate is enrolled in Brazilian payroll and will become a tax resident on day 1in Brazil.
Canada
Intra-Company Transfer
1 to 2 years
Yes. 5 years for Specialized Knowledge Workers and 7 years for Managers.
2-3 weeks for visa exempt nationals and 3-5 months for visa required nationals.
Criminal history, including DUI’s, may make a traveler inadmissible to Canada OR require an application requesting a waiver (TRP or Deemed Rehabilitated)
Ireland
Intra-Company Transfer
90 days up to 2 years
Yes. May be renewed for a further 3 years (5 years maximum).
3-4 weeks for Trusted Partner (TP) sponsors and 12-14 weeks for non-TP sponsors.
1. 50:50 Ratio rule: Irish companies must employ an EEA national for every non-EEA national, unless an IDA client.
2.Irish companies need to be registered with the Irish Revenue office and have a company registered number.

Important criteria:

Brazil:

  1. Candidates must have a university degree.
  2. Designated for senior management or highly skilled workers.

Canada:

  1. Employee must meet minimum education/experience to qualify as a Specialized Knowledge Workers or Manager.
  2. Transfer must be between a branch, subsidiary or affiliate of the employer and Canadian entity.
  3. Employee must have worked for the employer at least 1 year in the preceding 3 years in a position similar to the Canadian position.

Ireland:

  1. The Ireland entity must be linked with the foreign employer i.e. Either one is a subsidiary of the other or both are subsidiaries of a holding company.
  2. Employee must be paid and employed by current employer/sending entity for 6 months or more prior to being sent to Ireland for a standard ICT, which covers key personnel or senior management/ 1 month for Training.
Cookie Policy