The country where the employee physically performs the work determines which immigration rules your company must follow. “Technology worker” is not a visa category. A software engineer, data scientist or IT administrator may qualify under different routes—or may already have work permission—depending on the job, candidate, employer and work location. Before discussing a visa, establish the destination country, the worker’s current authorization and any limits on it, the exact role and worksite, and whether that jurisdiction requires sponsorship, a labor-market process or an exemption.
The practical sequence is destination → current authorization → role and worker eligibility → employer filing or sponsorship → pre-start checks → ongoing compliance. Rules change, so use current government guidance and qualified immigration counsel for a material hiring decision.
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Start with the employee’s physical work location
Immigration obligations generally follow the place where the person performs the job, not the country where your company is incorporated or where payroll is processed. A company headquartered in one country can trigger another country’s immigration requirements when an employee works there. Ask the location question before selecting a visa route.
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Identify whether the person is already authorized to work for your legal entity. Existing permission may be tied to a particular employer, occupation, hours, location or expiry date. A copy of a passport or residence document alone does not establish unrestricted permission; use the destination’s prescribed right-to-work process.
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When the employee works remotely from another country
A cross-border remote arrangement can create immigration, tax, payroll and employment-law issues in the country where the work is physically done. The available material does not establish a universal remote-work exemption or a complete tax analysis. Treat the employee’s physical location as a new compliance question and obtain local advice before allowing the arrangement.
An employer decision tree
- Fix the destination. Record the country, city or worksite, expected start date and whether travel to other worksites is part of the job.
- Verify current permission. Determine what status the candidate holds, who may employ them, which duties and locations are allowed, and when the authorization expires.
- Define the job precisely. Document duties, required skills, seniority, salary, hours, reporting line, worksite and the employing legal entity. Eligibility is assessed against the real position, not a generic “tech” label.
- Check route eligibility. Match the candidate and job to the destination’s criteria. Determine whether the employer must sponsor, conduct a labor-market test, make an exemption filing or simply retain evidence of an existing right to work.
- Complete employer filings and checks before the start date. This can include a sponsorship licence, labor-condition or labor-market filing, petition, offer-of-employment record and right-to-work check. Follow the agency’s current forms and sequence.
- Set up compliance after approval. Calendar authorization expiry, reporting events, wage and worksite commitments, record retention, follow-up right-to-work checks and renewal decisions.
United States: attestations and the 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.
What the LCA requires
For these examples, the employer’s wage attestation is generally for 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 working-condition requirements. Keep the occupation, wage source, worksite and duties consistent across the LCA, petition and payroll records.
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Department of Labor guidance makes recruitment obligations apply to H-1B-dependent employers and certain willful violators in specified circumstances. Determine the company’s status and the rule that applies to the particular filing; do not impose or promise a universal recruitment process based only on the worker’s job title.
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Employer planning points
- Confirm that the proposed role and the individual satisfy the selected category; a software-related title alone is not a guarantee.
- Identify every intended worksite and any material change in duties or location before filing.
- Use current Department of Labor, USCIS and Department of State instructions. Older fact sheets may describe the program but not the forms or procedures currently required.
- Retain the wage and working-condition records needed to demonstrate that the attestations remain true during employment.
Canada: decide between an LMIA route and an exemption
Immigration, Refugees and Citizenship Canada (IRCC) directs employers to determine whether the job needs 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 presumption for technology roles.
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. Employers must meet Temporary Foreign Worker Program requirements and develop a Labour Market Benefits Plan.
| GTS category | Mandatory benefit in the plan | 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 the employer’s status and the position’s eligibility against current GTS requirements before presenting it to a candidate. Program conditions and eligible occupations can change.
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Document the real employment relationship
Employment and Social Development Canada states: “An employer-employee relationship exists when an employer hires a worker, directs their duties and pays them for their work.” Your records should reflect who controls the work, who pays the worker and which entity is making the offer. A contractor label that conflicts with the actual arrangement can undermine the application.
United Kingdom: Skilled Worker 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. Not every foreign national needs Skilled Worker sponsorship: some people hold another permission to work or fall into a category that does not require sponsorship. The employer must still complete the appropriate right-to-work check.
Skill level changed in 2025
Home Office guidance says that from 22 July 2025, the job normally needs to be at graduate level (RQF level 6 or equivalent) or qualify under a listed exception, subject to transitional provisions. Assess the occupation code and any exception rather than relying on a title such as “developer” or “support engineer.”
Sponsor and right-to-work duties
- Obtain and maintain the appropriate sponsor licence before assigning sponsorship where the route requires it.
- Issue the required sponsorship documentation with duties, occupation, salary and work location that match the actual job.
- Check the individual’s right to work before employment starts.
- Carry out follow-up checks when required and report relevant changes under sponsor guidance.
The sponsor guidance reviewed is version 10/26, valid from 8 October 2026, and notes Right to Work Scheme changes effective 1 October 2026. Confirm the live Home Office guidance immediately before filing or checking a worker, because forms and processes can change.
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How to compare routes after choosing a destination
There is no single best visa for technology hiring. Compare only routes that fit the destination and the candidate’s facts.
| Decision axis | Questions for the employer |
|---|---|
| Role and worker eligibility | Does the occupation, education or experience, salary and candidate profile meet the route’s criteria? |
| Employer process | Is a sponsorship licence, petition, LCA, LMIA, labor-market test or exemption record required? |
| Pay and conditions | Which wage rule applies, and what working-condition commitments must be maintained? |
| Worksite and duties | Do the filing and records cover every worksite, reporting line and material duty? |
| Timing and cost | What do the current official sources say about filing windows, fees and processing? Do not rely on an old estimate. |
| Ongoing compliance | What records, notifications, audits, renewals and follow-up checks are required? |
| Family and longer-term plans | Will dependants, travel, extensions or a future permanent route affect the choice? |
The reviewed material does not establish a current numerical comparison of fees, processing times, caps or approval odds. Obtain those figures from the relevant agency at the time of action.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Pre-start employer checklist
- Written job description with duties, seniority, salary, hours and work location.
- Identity and current immigration documents, plus a record of restrictions and expiry dates.
- Correct employing entity and evidence of who directs the work and pays the employee.
- Route eligibility analysis for the occupation and candidate.
- Required labor-market, labor-condition, exemption or sponsorship filings completed in the prescribed order.
- Right-to-work check completed before the first day, using the destination’s accepted method.
- Payroll and HR systems configured to match the approved wage, hours, duties and worksite.
- Calendar reminders for expiry, follow-up checks, reporting events and renewal lead time.
Responsibilities continue after approval
An approved filing is not the end of the employer’s duties. Depending on the jurisdiction and route, continuing obligations can include paying the required wage, preserving working conditions, keeping the employee in the approved role and location, reporting organizational or employment changes, retaining records, and cooperating with inspections or audits.
Build an internal change-control process. HR, payroll, the hiring manager and immigration counsel should review a proposed promotion, transfer, salary change, reduction in hours, extended leave, remote-work move or termination before it happens. A change that looks routine operationally can require a filing, a notification or a new authorization.
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Choosing a visa before choosing the work location
Problem: The company selects a familiar category even though the employee will work elsewhere. Fix: Re-open the analysis using the employee’s physical location and the legal entity employing them.
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Treating “technology” as proof of eligibility
Problem: A technical title is assumed to satisfy a specialty-occupation or skilled-occupation test. Fix: Map the actual duties, qualifications, occupation code and salary to the route’s criteria.
Assuming existing permission is unrestricted
Problem: A worker’s current status permits only a named employer, role, hours or period. Fix: Read the conditions and complete the destination’s right-to-work check before assigning duties.
Letting the job drift after filing
Problem: The employee is moved to a new site or substantially different duties without review. Fix: Compare the proposed change with the approved records and obtain any required advice or filing first.
Using stale government instructions
Problem: An old checklist, fee or processing estimate is treated as current. Fix: Check the live agency guidance, forms and employer instructions on the day the application or verification is prepared.
When to obtain specialist advice
Use qualified immigration counsel when the case involves a new sponsor or employer, a labor-market assessment, multiple worksites or countries, a prior refusal or status violation, a material job change, an unusual ownership or contractor structure, or a time-sensitive start date. Counsel can also coordinate immigration analysis with payroll, tax and employment-law advice for cross-border work. No route guarantees approval, and an employer should not promise a candidate a start date until the required authorization and checks are complete.
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