I have no idea what point you're trying to make now. Companies are free to open an office wherever as long as 1) they hire local talent over immigrants 2) they are willing to deal with whatever policies countries put in place to "fight" offshoring.

A company can decide to open an office in India where there is cheap talent as long as they pay the taxes put in place by US/EU governments to prevent offshoring. That's the game.

Maybe try to express yourself a bit more clearly, because once again, I have no clue what your point is now.