April 20, 2010 TOP 10 GLOBAL IMMIGRATION MISTAKES AND HOW COMPANIES CAN AVOID THEM Amberley Johnson...

April 20, 2010

TOP 10 GLOBAL IMMIGRATION MISTAKES AND HOW

COMPANIES CAN AVOID THEM

Amberley JohnsonManager Global Immigration PracticeVISANOW

This audio program© 2010Worldwide ERC®

Sponsored by:

Agenda

• Introduction

• Top 10 Global Immigration Mistakes, and Recommendations, related to:– 1-3: Immigration service providers

– 4-8: Internal processes

– 9-10: External factors

• Q&A

2

The Presenter

Amberley Johnson

• Manager Global Immigration Practice at VISANOW

• 10+ years of global immigration expertise, SHRM speaker,

contributor to ERC Magazine

• Bachelors Degree in Psychology and Masters Degree in

Management and Human Resource Management

• Certified Global Mobility Specialist

3

Introduction: About VISANOW

• VISANOW is the intelligent solution for the immigration needs of a global workforce.

• For more than a decade and thousands of clients, VISANOW has set the industry standard by:

– Delivering faster answers from our attorneys

– Providing easier access to information

– Saving HR and their employees time

4

Introduction: Why care about the Top 10 Global Immigration Mistakes?

• Immigration is a crucial success factor for workforce mobility impacting:– Timing of expatriate deployment

– Legal and financial risks from immigration non-compliance

– Cost of assignments

– Subsequent phases of international assignments such as relocation

• Goal: Send assignees abroad quickly, legally and economically

5

Agenda

• Introduction




• Q&A

6

Top 10 Global Immigration Mistakes

Related to immigration service providers

1. Working with partners not aligned with the needs of your organization

2. Using no/ineffective technology

3. Paying providers based on time

Related to internal processes

4. Poorly defining / documenting / enforcing internal immigration process

5. Insufficiently understanding local immigration options and processes

6. Misunderstanding work authorization versus business visas

7. Starting the immigration process too late

8. Not educating stakeholders regarding their responsibilities

Related to external factors

9. Not keeping up with legislative changes

10. Neglecting legal compliance and associated risks

7

Mistake #1: Working with partners not aligned with the needs of your organization

Symptoms:• Scalability and/or accountability issues: provider too big/too small for your needs• Multiple providers for very similar services or due to service limitation

Recommendations:• Pick the right immigration services provider based on your specific needs

– Identify your business goals, immigration needs and metrics• Inbound/outbound (what countries)• Provider responsiveness, HR and employee satisfaction

– Determine selection criteria • Capabilities and expertise required• Cultural fit and size

• Manage the partnership for success with regular metric review

Results:• Optimal service level, demonstrable results, minimizing burden on HR

8

Mistake #2: Using no/ineffective technology

Symptoms:• Routine use of faxes/paper files• Your organization has to host/maintain the technology • Decentralized data capture and storage

Recommendations:• Determine technological capabilities desired based on your specific needs– Online application/renewal initiation

– Electronic review/approval of provided information and supporting documents

– 24/7 direct case status access for HR/assignees

– Online communication channel with attorneys/provider for HR and assignees

– Reporting capabilities

• Build technology requirements into immigration service provider selection criteria

Results:• Streamlines the immigration process, aids compliance

9

Mistake #3: Paying providers based on time

Symptoms:• Hourly billing and hidden fees, hard to verify invoices• Complex cases incur additional costs

Recommendations: • Switch from hourly billing to fixed, all-inclusive fees• Always review your itemized invoices

Results:• Predictable and controlled costs • Motivates provider to work efficiently• Gives HR/assignees access to legal advice • Average cost savings of 15-20%

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4. Poorly defining / documenting / enforcing internal immigration process








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Mistake #4: Poorly defining / documenting / enforcing internal immigration process

Symptoms:• Immigration-related disputes and discrepancies constantly arise • Internal confusion

Recommendations:• Define/document your internal process and establish your immigration process

as part of your Mobility Policy– Process for initiating international assignments (required lead time, approval chain)

– Criteria and requirements (i.e. duration, purpose of assignment)

– Cost ownership regarding assignment costs

– Process for ending assignments (planned/unplanned, termination procedures)

• Consistently enforce the internal immigration process

Results:• Standardized, repeatable immigration process

12

Mistake #5: Insufficiently understanding local immigration options and processes

Symptoms:• Unrealistic stakeholder expectations of the immigration process • Excessive stakeholder inquiries to HR

Recommendations:• Map the phases of the immigration process

– Specific requirements and dependencies

– Timing

– Responsibilities

• Share process maps with stakeholders

Results:• Effectively manages stakeholder expectations, enables strategic

immigration approach

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Mistake #5: Lacking understanding of local immigration processes

• Immigration process map example: China

Health Check in

China

Temporary Residence

Registration Certificate

Gather docs &

info (job, candidate, company)

Case review

and prep.

Submission

to local Labor

Bureau

Approval sent to Immigr.

Provider / Attorney

Gather docs &

info

Prep. applica

tion

Submission to local

Chinese Consulate

in applicant

home country

Approval sent to Immigr. Provider

/ Attorney

Approval sent to

employee for arrival

into China

Health check form

provided to Immigr. Provider

Issued by local

authorities following

confirmation of address by landlord

Gather docs &

info

Prep. applica

tion

Submission to local Labor

Bureau


/ Attorney

Gather docs &

info

Prep. applica

tion

Submission to local Labor

Bureau


/ Attorney

Responsible Party

HR / Hiring

Manager

HR / Employee

Govern-ment

HR / Employee

Govern-ment

Immigr. Provider/ Attorney

Employee (w/

Immigr. Provider

Hotel / Landlord /

Government

HR / Employee

Govern-ment

HR / Employee

Govern-ment

TimingDepends on client

Depends on client

2 Days 1 Day 8 DaysDepends on client

2 Days 3 Days 3 Days 1 Day 4 Days

Within 24 hours of arrival in China

Depends on client

1 Day 6 Days 1 DayDepends on client

1 Day 5 Days 5 Days

CHINA Z VISA APPLICATION PROCESS



Employment License & Invitation Letter

Decision to hire a foreign national worker


Activity


Single Entry Z Visa Employment Permit Residence License

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Mistake #6: Misunderstanding work authorization versus business visas

Symptoms:• Denied entry

Recommendations:• Recognize the difference between work and business visas in host countries

Results:• Allows time to plan deployment/project scheduling

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Work Permit required:

•Engaged in economic activity (provide economic benefit to local employer)

•Holding signatory authority (signing contracts)

•Performing same job in host country as in home country

•Earning income locally

•On long-term visits/assignments (typically longer than 3 months)

Business Visa required:• Attending meetings, negotiations• Attending seminars, conferences• Visiting customers• On short-term visits (a few days)

Mistake #7: Starting the immigration process too late

Symptoms:• Disappointed stakeholders • Increased costs for expedited processing • Missed deadlines

Recommendations:• Build in an early start to your internal immigration process

– Plan ahead

– Before job offer or before assignment offer is finalized

• Educate stakeholders of process and responsibilities

Results:• Allows ample processing time/project scheduling

16

Mistake #8: Not educating stakeholders regarding their responsibilities

Symptoms:• Unrealistic stakeholder expectations of the immigration process (e.g. what is

required from assignee) and excessive stakeholder inquiries to HR• Immigration processing delays

Recommendations:• Identifying stakeholders involved (e.g. recruiters, assignees, hiring managers)• Manage stakeholder expectations by proactively addressing concerns • Educate stakeholders about their responsibilities

Results:• Stakeholders don’t miss any steps they may be required to complete

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4. Poorly defining/documenting/enforcing internal immigration process








18

Mistake #9: Not keeping up with legislative changes

Symptoms:• Immigration processing delays • Denials

Recommendations:• Your immigration services provider should be proactively notifying you of

changes and make specific actionable recommendations• Keep up to date on legislation changes and resulting impact on immigration

options/timing– Foreign Ministries

– Labor Bureaus

– Embassies/Consulates

Results:• Facilitates timely approvals

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United Kingdom

Recent legislative changes: • Visa and resident permit application fee increases

• Sponsorship changes for Tier 1 – Tier 1 (general): allow high earners to qualify without the need of a qualification and

the re-introduction of a Bachelor level qualification.

• Sponsorship changes for Tier 2 visas– Issue of a Certificate of Sponsorship (CoS) expected to be faster than filing a work

permit under the current system

– Tier 2 (where resident labour market test is mandatory): will see an increase in the prospective earnings an employer will be required to pay a migrant worker; new sub-categories (1) established staff (2) graduate trainee (3) skills transfer

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India

Recent legislative changes: • Differences between work and business redefined

– Business Visa: visiting India for typical business meetings, to explore business opportunities, purchase/sell products in India (multiple entries, up to five years)

– Employment Visa: gainful employment in India (valid up to one year)

• India Work applications now need to be filed at the Indian Consulate in the applicant’s country of citizenship instead of the country of residency.

– Previously, a UK National in the US on a valid L visa could apply for a work visa at the Indian Consulate in the U.S.

– Business and Employment visa applications are to be issued from the applicants country of origin or from the country of domicile provided the period of permanent residence of the applicant in that particular country is for more than 2 years

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Mistake #10: Neglecting legal compliance and associated risks

Symptoms:• Stealth expats• Qualifying events (e.g. denied re-entry, ineligibility for benefits)• Internal audits• Face penalties/fines from the government for legal non-compliance practices

Recommendations:• Enforce your established internal immigration process• Educate stakeholders on immigration process and responsibilities • Keep up on legislative changes and resulting immigration impact • Conduct regular internal audits to verify adherence to policy

Results:• Decreases non-compliance risks

22

Recap: Top 10 Global Immigration Mistakes & Recommendations


1. Work with the right partner

2. Use effective technology

3. Pay provider fixed, all-inclusive fees


4. Define, document and enforce internal immigration process

5. Gain an understanding of local immigration options and processes

6. Know the differences between work authorization and business visas

7. Start the immigration process early

8. Educate stakeholders regarding their responsibilities


9. Keep up with legislative changes

10. Ensure legal compliance

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Agenda

• Introduction




• Q&A

24

Thank you

• Complimentary resources you will receive:– 10 Steps Guaranteed to Streamline your Immigration Process & Increase ROI eBook – China process map example– Stakeholder responsibilities example

• Please direct follow-up questions to: – [email protected]– 888-4VISANW

• Keep up to date with immigration news:http://twitter.com/VISANOW

http://blog.visanow.com/facebook/VISANOW

http://immigration.visanow.com/blog

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http://twitter.com/VISANOW

http://blog.visanow.com/facebook/VISANOW

http://immigration.visanow.com/blog

April 20, 2010 TOP 10 GLOBAL IMMIGRATION MISTAKES AND HOW COMPANIES CAN AVOID THEM Amberley Johnson...

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