Business on the Move: Cross-Border Immigration Trends

Cross-border mobility has quickly become a boardroom issue. What used to be a routine HR or compliance matter now directly affects how companies deploy talent, manage risk, and maintain business continuity. At the recent WLG | regional conference in New York, members from across the Americas region learned how rapidly shifting immigration policies are shaping business decisions and what companies can do to stay ahead. Moderated by Dustin O’Quinn (Ballard Spahr), the session featured insights from Sari Long (Faegre Drinker), María Elena Abraham (Santamarina y Steta), and Laura Pérez Molina (Arias).

The discussion underscored a clear theme: immigration is not just a matter of paperwork. It touches corporate strategy, tax planning, workforce continuity, and risk management. For companies moving executives, relocating founders, or supporting remote teams, immigration has become a front-line business issue.

 The United States: Compliance Comes First 

Speaking from the U.S. perspective, Sari described how enforcement has become both more frequent and more aggressive. I-9 audits, once a quiet requirement, are now a common trigger for broader investigations. Homeland Security and ICE have increased on-site visits, and even companies with no foreign national staff are at risk because I-9 rules apply to every employee.

Sari emphasized that readiness is achievable. Internal audits, HR training, and clear protocols for what to do if government agents arrive can make the difference between a smooth inspection and a costly disruption. For many companies, just a few hours of preparation can significantly reduce fines and demonstrate good faith compliance.

She also noted the unpredictability of the U.S. work visa system, where lottery-based programs and shifting adjudication standards make it risky to tie critical projects to a single immigration outcome. Businesses need redundancy and realistic timelines to avoid gaps in their workforce. 

 Mexico: Options with Obligations 

Turning to Mexico, María Elena explained how the country has become a leading destination for multinational companies needing a near-shore option when employees cannot immediately secure U.S. authorization. Companies with local subsidiaries can place employees on Mexican payroll through a standard work permit, enabling family relocation and regular day-to-day life. For businesses without a local presence, a non-remunerative visa offers another pathway, allowing employees to reside in Mexico while being paid from abroad.

She cautioned, however, that these options come with responsibilities. Time in Mexico can trigger tax residency rules, and even seemingly small business activities can create questions of permanent establishment. Processing has also become slower as Mexico shifts from being primarily a transit country to a destination, with more rigorous checks for certain nationalities.

María Elena’s message was clear: Mexico offers flexibility and opportunity, but only for companies that align immigration with tax and corporate planning from the outset.

 Costa Rica: A Structured Compliance Model

Building on the picture of Mexico as a flexible but complex option, Laura shifted focus to Costa Rica, where the system takes a more structured and predictable approach. Unlike Mexico’s varied pathways, Costa Rica anchors employment in its social security framework (CCSS), which covers both healthcare and pensions. This creates a transparent, auditable compliance model.

For multinational employees, permits can often be processed quickly, and in some categories, employees can begin contributing to business operations while paperwork is finalized. Costa Rica’s stability and pro-business environment continue to make it attractive to foreign investment. However, Laura noted challenges, including the availability of a bilingual technical workforce and increasing pressure on the immigration system due to a rise in asylum seekers.

The message for companies was one of both opportunity and proper cost assessment: Costa Rica is a predictable environment for relocating talent, but labor supply and compliance costs must be factored in early.

 The Common Denominator: Traveler Preparedness

After exploring individual jurisdictions, the panel came together on a universal theme: international travel itself. No matter where employees are based, mobility often comes down to what happens at the border—and here, small mistakes can have big consequences.

The panelists stressed the importance of language. Travelers should state they are visiting for business meetings or a conference. Saying "I’m here to work” can result in denial of entry and even multi-year bans. Non-citizens are required to carry proof of status, and border officials have broad discretion to inspect personal devices. While lawyers may sometimes invoke professional privilege, the practical advice was straightforward: travel with clean devices, know what activities are permitted under a visitor visa, and be ready to explain your trip clearly and accurately.

The panel agreed that traveler preparedness is no longer just a detail for immigration lawyers. Every company with cross-border travelers should brief staff on these basics to avoid unnecessary disruption and risk.

 What Companies Should Do Now

For businesses operating across borders, the panel’s recommendations were pragmatic:

• Treat immigration as a central part of enterprise risk management.
• Conduct privileged compliance audits and train HR teams.
• Build a mobility playbook that identifies near-shore alternatives in Mexico and Costa Rica.
• Coordinate immigration with tax, payroll, and corporate planning.
• Adjust expectations: outcomes take longer, denials are more frequent, and redundancy is essential.

 A Note of Optimism

Despite the challenges, there were positive takeaways. Clients are more engaged with compliance than ever, and near-shore hubs are providing valuable options for keeping key people close to U.S. markets. Companies that coordinate across immigration, tax, and employment are already moving talent more smoothly and with fewer surprises.

For legal and business leaders alike, the opportunity lies in shifting from reactive problem-solving to proactive planning.