Part 2: Looking beyond COVID-19 and U.S. election: Nearshoring IT talent in Canada

Nearshoring IT Talent in Canada

What is Nearshoring?

By definition, nearshoring is “a form of offshoring and describes transferring work to another country geographically close to your home country to reduce costs and increase work, travel and communication quality.” (InterVenture Sourcing AG) Thanks to the U.S. immigration restrictions, we could expand the definition and add: “and overcome immigration hurdles.”

There could be a long debate about nearshoring vs. total offshoring, but in our context, nearshoring foreign IT talent in Canada has many distinct advantages other than time zone proximity, English language and cultural similarities, such as:

  • Political parties of all stripes in Canada welcome immigration.
  • Nearshoring in Canada makes your staff and your company “trade war and sanction-proof.”
  • Your talent nearshored in Canada will have peace of mind and be more productive as their immigration trajectory becomes predictable. They could become permanent residents in Canada and stay loyal to your company.
  • Employee work satisfaction can increase as your nearshored employees could bring their family to join them in Canada and enjoy social benefits offered in Canada.
  • In the long term, once your nearshored talent becomes Canadian citizens, you could potentially bring them back as NAFTA-professionals to the U.S., if necessary. In the meantime, with their permanent resident status in Canada, your talent can easily travel to the U.S.

There are already companies in Canada offering creative solutions for H-1B visa holders in the U.S.

The U.S.-based company basically “fires” (i.e. releases) the H-1B holder, a Canadian company hires that H-1B holder and brings him/her to Canada within 1-1.5 months on a work permit and arranges that the same U.S. company rehires the employee on an exclusive basis. The talent works at one of the company’s offices located across Canada that essentially cover all time zones in the continental U.S.

It’s a win-win-win-win scenario for all four parties involved: (1) the U.S. company retains its valuable employee, although under different arrangements; (2) the employee gets a stable job and immigration status in Canada; (3) the Canadian company profits by offering “the H-1B solution” and (4) Canada gains by attracting educated and experienced talent who can potentially become permanent residents and citizens.

Relocating to Canada but still serving U.S.-based clients

The last, but not the least solution is relocating the entire team and company from the U.S. to Canada.

Besides many incentives and support by the Canadian government, relocating to Canada could resolve potentially all immigration-related issues for the company once and for all. Of course, many legal aspects and tax considerations should be taken into account, but becoming a totally Canadian company serving U.S.-based clients could bring such benefits as market access through free trade agreements of Canada with the EU, Latin America and Asian countries.

This solution may not be suitable for all companies; however, IT companies from the U.S. should consider it as a long-term option.

Canada, in turn, should consider becoming an even more attractive jurisdiction in terms of taxation, privacy and data protection and liberalization of telecom and Internet services.

Main takeaway

Going back to the real-life scenario we used in the first article in this series, U.S.-based IT companies could consider each of the solutions separately or in combination. A hybrid model combining one or more solutions could, depending on the citizenship of the H-1B visa holders, work just fine. A more granular analysis would be necessary to assess on a citizenship-by-citizenship basis.

In short, the solution to the H-1B or similar visa restrictions faced by U.S.-based IT companies does not solely depend on the outcome of the 2020 U.S. presidential election. The companies must look beyond the election and most importantly beyond the COVID-19 pandemic. They should look north!

This is the second of a two-part series. Read part one: Beyond COVID-19 and the election: Canadian immigration solutions for U.S.-based IT companies.

This article was originally published by The Lawyer’s Daily (, part of LexisNexis Canada Inc.

Rakhmad Sobirov is the managing lawyer of Sobirovs Law Firm, where his team helps IT companies from around the world to choose Canada as their hub and strategically place their teams in Canada to serve the US and the LatAm markets.

If you are a US-based IT company struggling with the H-1B visa issues or an IT company from elsewhere planning to move to Canada, contact us by email at to see how Sobirovs Law Firm can help you.

Photo by Ketut Subiyanto from Pexels

Bringing You, Your Tech Talent & Your Business To Canada

Get started and make your first step towards Canada. Book your 1-hour strategy meeting with a licensed Canadian immigration lawyer.

Immigration to Canada can be very complicated for businesses, business owners, and foreign employees. Hiring business immigration lawyers with the skill, experience, and patience is often crucial to successfully navigating this complex process. The experienced professionals at Sobirovs Law Firm offer tailored legal services in all business and corporate immigration matters. Contact us for more information on how we can help you meet your immigration needs.

We have worked with & represented clients from all walks of life. Always just one call – or click – away, weʼre happy to help you begin your & your familyʼs journey to Canada.

Talk to a Lawyer

tried and tested

Our Clients Say…

Lucia Lu
Lucia Lu
I cannot say enough good things about Sobirovs Law Firm’s exceptional team. My work permit application was quite complex and underwent numerous tests, including a rejection from the first attempt. Feruza developed a tailored strategy that contributed to the best chance of success in the resubmission, and her entire team presented my case with unparalleled expertise and genuine care. I want to express my heartfelt gratitude to Maggie, a phenomenal consultant who supported me in every step of the application, took the time to understand my unique situation and answered all my questions patiently. Her in-depth knowledge of the work permit program, proficiency in preparing my application and professional communication were reassuring and truly remarkable. Thanks to your team’s extraordinary work, I can now pursue my business goals in Canada with peace of mind. I am grateful for your hard work and the compassionate support you provided throughout this journey. You have my highest recommendation without any reservations.
Nomin Dunburee
Nomin Dunburee
I had the pleasure of collaborating with the highly skilled professionals at Sobirovs to achieve my goals. Feruza's extensive expertise was invaluable, as she guided me through the most suitable pathway for my business immigration. I am profoundly grateful for choosing Sobirovs and highly recommend their exceptional services!
Bimal Banik
Bimal Banik
I really appreciate Sovirovs professional services ,I am truly happy and satisfied with their team work .I wish them all the best
Amirov Temur
Amirov Temur
I am happy with the help I got from Sobirov Law Firm. They were always there for me : answering my questions and giving me support through the visa application process and with general immigration related questions. They made everything easier and were quick to respond whenever I needed them. I would recommend Sobirov Law Firm to anyone needing visa assistance for Canada. I trusted them, and did not regret! Thanks for all your help! I hope for further cooperation with you.
Yuri l
Yuri l
I would like to express my sincere gratitude to Ms. Feruza Djamalova, Ms. Judy Le and the entire team of Sobirovs Law Firm for their highly professional and excellent work in the complicated process of obtaining approval of our application for the business immigration program. I had several previous refusals over the course of 5 years. At that point, I contacted Sobirovs Law Firm. Their knowledge, competence, and perseverance turned my application into a success! My case was dealt by Feruza and Judy and I sincerely appreciate what an incredible job they have done and how much they have helped us. I believe they have a special gift and talent for assisting their clients. I want to particularly thank Judy for her patience and attention to detail in our case and also for thanks to her diligence, skill and attention to detail. I highly recommend Sobirovs Law Firm to anyone who wants to move to Canada using Business Immigration Programs and is looking for an immigration law firm capable of making a dream come true. They are highly professional and specialized in this field. I would like to extend my heartfelt thanks for their support.
Syed Namdaar Ali
Syed Namdaar Ali
My experience with Sobirov's was very rewarding. Starting from LMIA to Work permit it was a smooth sail. The entire team especially Yulia prepared my case painstakingly. They guided me on every little detail. Special thanks to Feroza, Farukh, Madina and the entire team for making this happen.
Bhrushank Ved
Bhrushank Ved
I had an amazing experience with the Sobirovs in applying for my C11 Work Permit. Feruza, Maggie, Judy and Yulia planned every step of the way and made the process a breeze. Benjamin was also quite knowledgeable and assisted me with the business plan for my application. I recommend Sobirovs team if you plan to expand your existing business or start a new business in Canada. Highly recommended!
Senol Ercetin
Senol Ercetin
Dear Sobirovs Team, I would like to thank you (Yulia, Faruk, Feruza, Madina) for taking care of us closely in obtaining the necessary work permits for the establishment of the Canadian branch of our company and the necessary visas for our family. You have carried out a flawless process. With sincere regards
Rakesh Shrivastava
Rakesh Shrivastava
I had a great experience working with the Sobirov Law Firm. The entire team was professional, prompt, and meticulous in their approach. We started working with them on LMIA under GTS of the Temporary Foreign Worker Program. The time it took from creation of an Incorporation to submission and approval of our application was around 8 weeks. Work Permit approval took another 2 weeks. They also helped us get shared office space since it was a new experience for us. They guided us in finding a payroll service provider and a realtor to help with the relocation of the foreign employee. My sincere thanks to Feruza Djamalova and Rakhmad Sobirov (Attorneys), and Yulia Kan (Team Lead).


Our Lastest Insights

We publish helpful tips about Canadian immigration programs and are happy to share our knowledge with you.
From Work Permit to Permanent Residency as an Entrepreneur Cover Photo July 12, 2024

From Work Permit to Permanent Residency as an Entrepreneur

Congratulations on securing your work permit through Sobirovs Law Firm! This was a huge milestone in business immigration, and we did it together! Your team...
LMIA Recruitment and Advertising Requirement Cover Photo July 12, 2024

How to Pass LMIA Recruitment and Advertising Requirement: Step-by-Step Guide

To save you time and effort, we are sharing our expertise on how to run a successful recruitment and advertising period in alignment with your...
uOttawa and Sobirovs Law Firm entrance scholarship July 4, 2024

Sobirovs Law Firm Establishes Entrance Scholarship for uOttawa Law School Students

Sobirovs Law Firm is excited to introduce the Sobirovs Law Firm Entrance Scholarship. This scholarship is meant to support international graduate students from Central Asia...

Sign Up to be

First on Immigration News

This field is for validation purposes and should be left unchanged.