Tag: visa holders

62% of companies sending workers to Canada, Mexico and the UK

A survey conducted by immigration services firm Envoy Global Inc. has found that 93% of employers expect to relocate foreign workers this year due to immigration restrictions and labor demands. Offshoring or nearshoring talent is being used by smaller companies and multinational corporations alike to retain key talent. Canada is the top destination for relocating foreign workers, with 62% of responding companies sending workers there, followed by Mexico and the United Kingdom (48%) and Germany (31%).

The move is often a result of difficulties in securing a work visa, with over 80% of employers losing a foreign employee in the past year due to an inability to secure an H-1B or other employment-based visa. Demand for foreign workers with skills in science, technology, mathematics, and engineering has continued to grow across the economy, far outstripping that annual cap. The rise of hybrid and remote work has also driven the increase in offshoring plans.

Nearshoring to Canada has become a top fallback option for employers when an early-career worker has run out of immigration options after multiple attempts at the H-1B visa lottery. Canada is attractive because of its close proximity and similar time zones, as well as offering a more worker-friendly immigration system, including immediate work permits for spouses and a quicker pathway to permanent residency.

Davis Bae, Co-Chair of the immigration practice group at Fisher & Phillips LLP, said that although there hasn’t been a massive shift toward relocating workers abroad, companies that do so are finding it easier. Smaller companies without operations abroad have been turning to professional employer organizations (PEOs) for human resource and compliance services when they face losing a skilled foreign worker. Under this arrangement, paying to relocate a worker to Toronto or Vancouver costs a fraction of what it would cost to replace them with a new employee.

Marc Pavlopoulos, the Founder and CEO of PEO Syndesus Canada Inc., said: “The company employs about 200 workers for US companies in Canada, roughly 90% of whom relocated after losing out on the H-1B lottery. The Canadian Dream is a good one. You get to keep your cool job and you’re on your way to getting a Canadian passport.”

Pavlopoulos works with smaller US-based tech companies that are seeking to grow, while also working towards a Canadian goal of adding 500,000 immigrants per year by 2025.

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Parent of company of Facebook pays immigrants less

According to recent court findings, an IT professional filed suit against Meta, the parent company of Facebook, alleging it didn’t hire him because he was a US citizen.

According to the court filings, it’s alleged that the lawsuit said the company preferred visa holders — such as those on H-1B visas — at sites in the US because it could pay them less for the same tasks.

The plaintiff in the suit is Purushothaman Rajaram, a naturalized US citizen who lives in Pennsylvania. He has 20 years of experience in IT and it’s reported that Facebook considered him for employment on two occasions in 2020. The first being May 2020 when he was contacted by Infosys Inc. for a position at Facebook, and the second being in June 2020 by Facebook directly. He was hired on neither occasion.

The suit, filed on May 17 and seeks class action status.

“By law, H-1B visa workers must be paid by their employer at least as much as other individuals with similar experience and qualifications for the specific employment in question,” according to the lawsuit. “Thus, the only reason Facebook would choose to hire and relegate certain positions to visa holders is to pay them less than American counterparts, an unlawful practice that is known in the industry as ‘wage theft.’”

Meta hires H-1B visa holders directly, according to the suit, and has secured more than 20,000 H-1B visas with a vast majority for employees who will perform software engineer roles. It also said Meta is an H-1B visa-dependent employer in that 15% or more of its US workforce is on an H-1B visa.

In addition, the suit said Meta also brings in H-1B visa workers from third-party vendors such as Infosys and Accenture.

Rajaram’s lawsuit refers to legal action by the US Departments of Labor and Justice against Facebook in which the social networking giant agreed to pay $4.75 million to settle allegations of bias against US workers.

Rajaram’s suit seeks damages including punitive damages.

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