August 2026 Outbound Immigration and Global Mobility Recap | Americas

Clark Hill’s Outbound Immigration & Global Mobility practice guides corporate clients and individuals through complex global immigration challenges worldwide.  We pride ourselves on creative, compliant, and people-centered solutions – looking at global mobility from a holistic perspective in an ever-changing immigration environment. Our team assists with short-term assignments, long-term relocations, consular processing, document procurement, document legalizations/apostilles, and business visas in 100+ countries worldwide.

Below is an overview of the major updates from August 2026 in the Americas region.

Americas

Canada:

Canada Reverses Recent Change to C20 Reciprocal Employment Work Permit Requirements

Immigration, Refugees and Citizenship Canada (IRCC) has reversed a recent policy change that introduced an employment-abroad requirement for work permit applications under the Reciprocal Employment (C20) category.

On July 29, 2026, IRCC updated its guidance to indicate that foreign nationals applying through a multinational organization must have an existing employment relationship with the organization outside Canada to qualify under the C20 category. This created uncertainty for employers seeking to hire foreign talent directly into Canadian roles.

Effective August 6, 2026, IRCC has withdrawn this requirement. As a result, a C20 work permit application should not be refused solely because the applicant is not currently employed by the organization outside Canada.

The core reciprocity requirement remains in place. Employers must continue to demonstrate that the Canadian employment opportunity creates or supports reciprocal employment opportunities abroad for Canadian citizens or permanent residents.

For multinational organizations, reciprocity does not require a direct one-for-one exchange between Canada and the foreign national’s country of residence. Instead, employers may establish reciprocity by demonstrating comparable international opportunities for Canadians across the organization’s global operations.

This welcome change restores flexibility for multinational employers utilizing the C20 category, particularly where a foreign national is being recruited directly into a Canadian position rather than transferred from an existing role abroad.

Employers should continue to ensure that C20 applications are supported by clear documentation of the organization’s reciprocal employment practices and sufficient evidence of employment opportunities available to Canadian citizens and permanent residents outside Canada.

Canada Introduces Open Work Permit Pathway for Prospective Manitoba Provincial Nominees

Immigration, Refugees and Citizenship Canada (IRCC) has introduced a temporary public policy that allows certain prospective Manitoba Provincial Nominee Program (MPNP) candidates to apply for an open work permit valid for up to two years.

Known as the Manitoba Workforce Transition Bridge, the initiative is designed to help eligible temporary foreign workers maintain work authorization while they continue pursuing permanent residence through the MPNP. The program is expected to benefit up to 2,700 workers in Manitoba.

To qualify for the open work permit, applicants must generally:

• Be working in Manitoba as a temporary worker
• Have been in the MPNP Expression of Interest (EOI) pool on or before December 31, 2025
• Have received an MPNP-issued open work permit support letter on or before December 31, 2025
• Provide a letter of employment from their current Manitoba employer
• Hold a valid work permit, have held a valid work permit on May 7, 2024, that has since expired, or have maintained authorization to work following a timely work permit extension application

Individuals whose temporary resident status has expired may still be eligible but must apply to restore their status. These individuals are not authorized to work until a new work permit has been approved and issued.

Importantly, this policy applies only to prospective provincial nominees and is not available to individuals who have already received a provincial nomination through the MPNP.

What This Means for Employers

The new policy provides an important bridge for eligible foreign workers who may otherwise face a loss of work authorization while awaiting progress in the provincial nomination process.

Employers with temporary foreign workers in Manitoba should review their workforce to identify employees who may qualify under this temporary measure and assess whether the applicable MPNP and work permit requirements can be met.

The public policy is currently scheduled to remain in effect until December 31, 2027, unless revoked earlier.

Ontario Clarifies Remote Work Requirements for Employer-Supported OINP Applications

 Ontario has issued updated guidance clarifying the treatment of remote work arrangements under employer-supported streams of the Ontario Immigrant Nominee Program (OINP).

Under the revised guidance, fully remote positions are not eligible for employer-supported OINP applications. To qualify, the position offered must be tied to an eligible Ontario business location where the foreign national regularly works or reports to work.

The province has confirmed that hybrid work arrangements continue to be permitted, provided the employee maintains a regular connection to an eligible Ontario worksite when not working remotely. The Ontario business location must be a permanent, established place of business that meets all applicable OINP requirements. Employers should ensure that job offers and supporting application materials clearly identify the employee’s primary work location, along with any hybrid or remote work arrangements.

The updated guidance underscores the importance of demonstrating a clear connection between the employee’s role and an eligible Ontario business location.

Employers planning to support an OINP application should review current remote and hybrid work arrangements to confirm compliance with program requirements. Positions that are currently fully remote may need to transition to a qualifying hybrid or in-office model before an employer-supported OINP application can proceed.

Foreign workers considering an OINP pathway should also assess whether their current work arrangement aligns with the province’s eligibility criteria and discuss any necessary adjustments with their employer.

Chile

Chile Launches Digital Work Authorization Certificate for Foreign Workers

Chile’s National Immigration Service (SERMIG) has introduced a new Digital Work Authorization Certificate (Habilitación Laboral) designed to provide employers and foreign nationals with a streamlined way to confirm authorization to perform remunerated activities in Chile.

The certificate is available free of charge through SERMIG’s Digital Procedures Portal. Once an individual’s immigration status has been validated, the system can generate a digital certificate confirming whether the individual is authorized to work in Chile.

A key feature of the new process is the inclusion of a QR code, allowing employers to quickly verify the individual’s work authorization status as part of their hiring and onboarding procedures.

The introduction of the digital certificate represents a significant step toward modernizing work authorization verification in Chile. Employers now have access to a faster and more efficient method for confirming whether a foreign national is legally authorized to work.

However, the certificate should be viewed as one component of a broader immigration compliance process. Employers should continue to review the individual’s underlying immigration status and supporting documentation to ensure all applicable work authorization requirements are met.

Organizations hiring foreign nationals in Chile may wish to incorporate the Digital Work Authorization Certificate into their existing onboarding, right-to-work verification, and compliance procedures.

As Chile continues to digitize its immigration processes, employers should monitor further developments and assess whether internal policies and onboarding practices should be updated to reflect these new verification tools.

Colombia

Colombia Increases Work Visa Scrutiny Leading to Processing Delays

Employers and foreign nationals planning assignments to Colombia should anticipate longer processing times as immigration authorities apply increased scrutiny to work visa applications.

Although Colombia’s work visa regulations have not formally changed, recent adjudication trends indicate that authorities are conducting more detailed reviews of applications. Attention is being given to the nature of the proposed activities in Colombia, the suitability of the selected visa category, and the supporting documentation provided by the sponsoring organization.

As part of this heightened review process, applicants may receive requests for documentation beyond the standard published requirements. Authorities may also question whether the requested visa category appropriately aligns with the individual’s intended activities, role, or assignment in Colombia.

While the Colombian Ministry of Foreign Affairs generally has up to 30 calendar days from payment of the visa application study fee to issue a decision, processing times may extend beyond this timeframe when additional information, supporting documents, or interviews are required.

Employers sponsoring foreign nationals in Colombia should build additional lead time into assignment planning and avoid finalizing travel arrangements or employment start dates until visa approval has been secured.

Careful review of each application before submission is increasingly important. Employers should ensure that the proposed activities, job description, sponsoring entity documentation, and selected visa category are fully aligned and clearly supported by the application materials.

Given the heightened level of review, employers and foreign nationals should continue to expect requests for additional evidence and potentially longer processing timelines than in the past. Early preparation and comprehensive documentation can help reduce delays and improve the likelihood of a smooth adjudication process.

Peru

Ongoing Processing Delays Impact Immigration Applications

Peru’s National Superintendence of Immigration (Migraciones) is currently experiencing significant processing delays across a range of immigration services, affecting both foreign nationals and employers managing assignments in the country.

The delays are largely attributed to operational and staffing challenges, including recent personnel changes and broader government transitions. Authorities have also reported disruptions involving the electronic notification system used to issue case updates, request additional documentation, and communicate adjudication decisions.

As a result, both in-country immigration applications and certain consular processes are experiencing longer-than-normal processing times.

Recent processing trends indicate that initial in-country visa applications may take approximately 50 to 70 business days to adjudicate. Some renewal applications take three months or longer, depending on the application type and individual circumstances.

Employers sponsoring foreign nationals in Peru should anticipate extended processing timelines and incorporate additional lead time into workforce planning, employee relocations, and business travel arrangements.

Where possible, employers and employees should initiate visa applications and renewals as early as permitted to help minimize the risk of work authorization gaps or assignment delays. Organizations may also wish to maintain flexibility around anticipated start dates and travel plans until the necessary immigration approvals have been secured.

Given the reported disruptions to electronic notifications, applicants and employers should closely monitor case status updates and promptly respond to any requests for additional information or documentation.

While immigration authorities continue to address operational challenges, delays are expected to persist in the near term. Advance planning and early filing remain the most effective strategies for mitigating the impact of longer processing times.

For additional information, please contact the Americas Immigration team at Americas@ClarkHill.com.

For further information on any of the updates in this bulletin, reach out to one of the members of our Outbound Immigration & Global Mobility team.

To view August’s updates for the EMEA and APAC regions, click the respective region.

This publication is intended for general informational purposes only and does not constitute legal advice or a solicitation to provide legal services. The information in this publication is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel. The views and opinions expressed herein represent those of the individual author only and are not necessarily the views of Clark Hill PLC. Although we attempt to ensure that postings on our website are complete, accurate, and up to date, we assume no responsibility for their completeness, accuracy, or timeliness.