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
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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
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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
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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
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
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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
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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
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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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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
11
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
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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
Approval sent to Immigr. Provider
/ Attorney
Gather docs &
info
Prep. applica
tion
Submission to local Labor
Bureau
Approval sent to Immigr. Provider
/ 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
Immigr. Provider/ Attorney
Immigr. Provider/ Attorney
Employment License & Invitation Letter
Decision to hire a foreign national worker
Immigr. Provider/ Attorney
Activity
Immigr. Provider/ Attorney
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
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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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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
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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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Mistake #9: Not keeping up with legislative changes
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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Mistake #9: Not keeping up with legislative changes
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
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Recap: Top 10 Global Immigration Mistakes & Recommendations
Related to immigration service providers
1. Work with the right partner
2. Use effective technology
3. Pay provider fixed, all-inclusive fees
Related to internal processes
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
Related to external factors
9. Keep up with legislative changes
10. Ensure legal compliance
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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
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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