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Hiring a technology worker across borders starts with one fact: immigration obligations usually follow the country where the person physically performs the work, not the country where your company is incorporated. Before choosing a visa, establish the work location, the candidate’s current permission to work, the exact job and worksite, and whether that jurisdiction requires sponsorship, a labor-market process, an employer filing, or only a right-to-work check.
“Technology worker” is an industry description, not a visa category. A software engineer, data scientist, administrator or product specialist qualifies only if the specific role, worker, employer and location satisfy a particular immigration route. The practical sequence is destination, current authorization, job and worker eligibility, employer process, pre-start checks, then continuing compliance.
Use this decision path before making an offer
- Identify the physical work location. Ask where the employee will sit and perform the work on each working day. A company in one country can trigger obligations in another when the employee works there.
- Confirm current work authorization. Determine whether the candidate already may work for your legal entity, whether permission is tied to a specific employer or occupation, its expiry date, and any limits on hours, location or duties.
- Define the job precisely. Record the occupation, seniority, duties, salary, normal worksite and reporting relationship. Eligibility is assessed against the actual role, not a broad technology label.
- Map the employer process. Depending on the country and route, this can include a labor-market assessment, an exemption analysis, a sponsor licence, a labor-condition filing, a petition, an offer-of-employment record or another government submission.
- Complete pre-start checks. Obtain the approval or reference required for the route and complete the legally prescribed right-to-work verification before employment begins.
- Build an ongoing compliance calendar. Track authorization expiry, salary and duty changes, worksites, reporting events, recordkeeping and renewal deadlines.
Do not promise an approval, fixed processing time or fixed cost. Immigration rules, forms and fees change, and the correct route depends on facts that cannot be resolved from a job title alone. For a material hire, verify current government instructions and obtain advice from a qualified immigration professional.
United States: understand the attestation and petition sequence
The U.S. Department of Labor describes the H-1B, H-1B1 and E-3 specialty-worker programs as attestation-based programs. In covered cases, the employer submits a Labor Condition Application (LCA) to the Department of Labor before filing the nonimmigrant petition with U.S. Citizenship and Immigration Services or seeking a visa through the Department of State.
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What the LCA covers
The employer generally attests that it will pay at least the higher of the actual wage paid to similarly experienced and qualified workers or the prevailing wage for the occupation in the area of intended employment. The employer also attests to required working conditions. Treat these as obligations attached to the particular filing, occupation and intended employment area; they are not a universal salary rule for every U.S. technology hire.
Do not assume every H-1B case has the same recruitment duties
Department of Labor guidance states that recruitment obligations apply to H-1B-dependent employers and certain willful violators in specified circumstances. First determine whether the employer falls into one of those classifications and which rule applies. A technology company should not describe recruitment as a requirement for every H-1B employer.
Employer checklist for a U.S. case
- Define the actual specialty occupation, duties, required qualifications and worksite.
- Check whether the worker already has U.S. employment authorization and whether it is employer-specific.
- Determine whether the intended route is H-1B, H-1B1, E-3 or another category; none is automatically available because the job is in technology.
- Prepare the LCA where the selected program requires one, and preserve the required records.
- File the applicable petition or follow the Department of State visa process after the LCA step, as the route requires.
- Monitor pay, duties, worksite and working conditions after approval. Changes can create new filing or notice obligations.
The sources reviewed describe program requirements but do not establish current fees, caps, processing times or approval odds. Use the current agency forms and instructions for the worker’s facts.
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Canada: decide between an LMIA route and an exemption
Immigration, Refugees and Citizenship Canada directs employers to determine whether the job requires a Labour Market Impact Assessment (LMIA). If an LMIA is required, the employer proceeds through the Temporary Foreign Worker Program. If an exemption applies, hiring may proceed through the International Mobility Program. The exemption analysis is fact-specific; it is not a shortcut available to every technology employer.
Global Talent Stream is one possible option
The Global Talent Stream (GTS) is a route for eligible highly skilled hires, not a blanket technology-worker visa. An employer must meet Temporary Foreign Worker Program requirements and develop a Labour Market Benefits Plan.
| GTS category | Mandatory benefit | Additional commitment |
|---|---|---|
| Category A | Job creation for Canadians and permanent residents | At least two complementary benefits |
| Category B | Increased skills and training investment for Canadians and permanent residents | At least two complementary benefits |
Check both the employer’s status and the position’s eligibility against current program requirements before presenting GTS as the solution. ESDC describes the employment relationship this way: “An employer-employee relationship exists when an employer hires a worker, directs their duties and pays them for their work.” That relationship, and the real duties and supervision involved, should match the information in the application.
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Canada process checklist
- Identify the province or territory and the location where the work will physically occur.
- Confirm the candidate’s existing Canadian authorization and restrictions.
- Determine whether an LMIA is required or whether a specific International Mobility Program exemption applies.
- If using the Temporary Foreign Worker Program, complete the applicable LMIA process before the worker applies for the work permit.
- If using an exemption, document the exemption and complete the employer submission and offer-of-employment steps required for that category.
- Keep the employment terms, duties, wage and work location aligned with the approved route, and track renewals and changes.
United Kingdom: sponsorship and right-to-work controls
The UK Skilled Worker route requires a job offer for an eligible skilled occupation from a Home Office-approved sponsor, a valid sponsor licence, and compliance with salary and immigration requirements. An employer must not treat sponsorship as automatic for every foreign national: some people already hold permission to work or qualify under categories that do not require Skilled Worker sponsorship.
Occupation level changed in 2025
Home Office guidance says that from 22 July 2025, a Skilled Worker job normally needs to be at graduate level (RQF level 6 or equivalent) or fall within a listed exception, subject to transitional provisions. Evaluate the occupation code and any applicable exception rather than relying on a title such as “developer” or “IT specialist.”
Sponsor and right-to-work duties
- Hold the appropriate sponsor licence before assigning sponsorship where the route requires it.
- Check the individual’s right to work before employment starts.
- Carry out follow-up checks when the person’s permission is time-limited or the rules require another check.
- Report relevant changes and maintain sponsor records in accordance with current Home Office guidance.
- Ensure the sponsored role, salary, duties and work location remain consistent with the sponsorship information.
The sponsor guidance considered here is version 10/26, valid from 8 October 2026. It notes changes to the Right to Work Scheme effective 1 October 2026. Because those rules can change, confirm the live guidance and checking procedure on the date of action.
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Compare routes only after fixing the destination and facts
There is no single best visa for technology workers. The same candidate and job can produce different obligations when the work location changes. Use the following comparison as a scoping tool, not as a substitute for route-specific advice.
| Question | United States examples | Canada examples | United Kingdom Skilled Worker |
|---|---|---|---|
| Is technology itself a qualifying category? | No; the role and worker must meet the selected program’s criteria. | No; eligibility depends on the occupation, worker, employer and route. | No; the occupation must be eligible and meet the route’s requirements. |
| Employer action | LCA attestation, then petition or visa process for covered H-1B, H-1B1 or E-3 cases. | LMIA through the Temporary Foreign Worker Program, or an exemption process through the International Mobility Program. | Sponsor licence and sponsorship steps when the worker needs this route. |
| Labor-market element | Wage and working-condition attestations; special recruitment rules apply only to specified employers and cases. | LMIA where required; GTS also requires a Labour Market Benefits Plan. | No general LMIA equivalent in the Skilled Worker process, but salary and occupation rules apply. |
| Wage or condition focus | Generally the higher of the actual wage or prevailing wage for the occupation and area, plus working-condition attestations. | Terms must satisfy the applicable program and match the approved offer or assessment. | Salary and immigration requirements must be met for the route and occupation. |
| Current fees, timing and approval rates | Not established here; verify current agency figures. | Not established here; verify current government figures. | Not established here; verify current government figures. |
| After approval | Continue meeting wage, duty, worksite and condition commitments. | Maintain the approved employment relationship and comply with program conditions and renewals. | Perform sponsor reporting, recordkeeping, right-to-work follow-up and role compliance. |
Remote work across borders needs a separate analysis
An employee may be hired by a company in one country and perform the job from another. That arrangement can raise immigration, tax, payroll, social-insurance and employment-law questions in the country where the work physically occurs. The applicable immigration authority is therefore usually the country of performance, even when the employer, payroll entity or manager is elsewhere.
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Do not assume that an employee who is authorized to work in the employer’s country may simply relocate and continue remotely. Before approving a cross-border arrangement, identify the destination country, confirm whether work is permitted there, determine which employing entity directs and pays the worker, and obtain local immigration, tax and employment-law advice.
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Keep the application and the real job synchronized
Compare the approved occupation, salary, duties, manager and worksite with the position the employee actually performs. A promotion, transfer, regular move to another office or material duty change can require a new filing, notice or assessment.
Track authorization like a controlled business process
Maintain a central record of document expiry dates, follow-up right-to-work checks, renewal windows, approval notices and any conditions attached to the worker’s permission. Assign an owner and a backup so a departure or leave does not erase the deadline.
Document employment terms and changes
Retain the offer, job description, wage records, worksite information and evidence of required filings. Record when the employee changes location, hours, duties, reporting line or employing entity, then obtain advice before implementing a material change.
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Approval of a filing does not itself authorize every activity or eliminate employer duties. Complete the required right-to-work check before the start date and limit work to the approved conditions until the employee has broader authorization.
Questions to resolve before signing the offer
- Where will the person physically work on their first day and over the expected assignment?
- Which legal entity will employ, direct and pay the worker?
- What permission does the candidate hold now, and is it tied to a particular employer, occupation or location?
- Does the proposed role meet the destination’s occupation, salary and qualification rules?
- Is an LMIA, labor-market test, sponsor licence, LCA, petition, offer record or exemption analysis required?
- What records, notices and follow-up checks must the employer maintain after the start date?
- Could the employee’s family, travel, permanent-residence plans or a future transfer affect the selected route?
Use current rules from the relevant government agencies for the actual candidate and job. The U.S., Canadian and UK examples above illustrate different employer systems; they do not create a universal technology-worker visa. A qualified immigration adviser can test the facts, identify an alternative route and set a compliance plan before the offer becomes an expensive commitment.
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