What is nearshoring?
Why consider “nearshoring”?
With the new restrictions to accessing H-1B and L-1 visas until December 31, 2020, nearshoring may be able to bridge the gap until employers are able to transfer their H and L population into the US.
If a company’s goal is to ultimately move workers into the US, placing them temporarily in a neighboring country is an effective strategy. If it is not possible to place the workers in the US, at least have them nearby! Short flights, drivability and shared time zones are all attractive benefits of nearshoring key employees.
What is the equivalent “nearshoring” options for those impacted by the Proclamation?
For those who are not able to obtain a new L-1A/L-1B visa, Canada’s Intra-Company Transfer (ICT) and Mexico’s Temporary Residence Visa (TRV) are alternative options. Canada’s requirements are very similar to the L-1, as there must be an affiliate/sponsor office in Canada and the employee must have tenure with the company. In some instances, a Professional Employment Organization (PEO) can be used to co-employ and sponsor the foreigner when there is not a local affiliate office. Mexico on the other hand, does not require a local affiliate office or minimum employee tenure thus the TRV is more easily attainable.For those who are not able to obtain a new H-1B visa, Canada’s Labor Market Impact Assessment (LMIA) work permit would be an alternative. However, this route does require testing the Canadian market for an equally qualified candidate. The TRV is, again, the alternative in Mexico.