1. April 20, 2010
TOP 10 GLOBAL IMMIGRATION
MISTAKES AND HOW
COMPANIES CAN AVOID THEM
Amberley Johnson Sponsored by:
Manager Global Immigration Practice
VISANOW
This audio program© 2010Worldwide ERC®

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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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9. 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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10. 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%
10

11. 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

12. 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

13. 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
13

14. Mistake #5: Lacking understanding of local
immigration processes
• Immigration process map example: China
CHINA Z VISA APPLICATION PROCESS
Temporary
Health
Employment License & Invitation Residence
Single Entry Z Visa Check in Employment Permit Residence License
Letter Registration
China
Certificate
Decision Submissi
to hire a on to Issued by
Submi Approval Approval Health Approval Approval
Activity foreign Gather Approval local local Submis Submis
Case ssion sent to sent to check sent to sent to
national docs & sent to Gather Prep. Chinese authorities Gather Prep. sion to Gather Prep. sion to
review to Immigr. employee form Immigr. Immigr.
worker info (job, Immigr. docs & applica Consulate following docs & applica local docs & applica local
and local Provider for arrival provided Provider Provider
candidate, Provider / info tion in confirmation info tion Labor info tion Labor
prep. Labor / into to Immigr. / /
company) Attorney applicant of address Bureau Bureau
Bureau Attorney China Provider Attorney Attorney
home by landlord
country
Employee
HR / Immigr. Immigr. Hotel / Immigr. Immigr.
Responsible HR / Govern- HR / Immigr. Provider/ Govern- (w/ HR / Govern- HR / Govern-
Hiring Provider/ Provider/ Landlord / Provider/ Provider/
Party Employee ment Employee Attorney ment Immigr. Employee ment Employee ment
Manager Attorney Attorney Government Attorney Attorney
Provider
Within 24
Depends Depends Depends hours of Depends Depends
Timing 2 Days 1 Day 8 Days 2 Days 3 Days 3 Days 1 Day 4 Days 1 Day 6 Days 1 Day 1 Day 5 Days 5 Days
on client on client on client arrival in on client on client
China
14

15. Mistake #6: Misunderstanding work authorization
versus business visas
Symptoms:
• Denied entry
Recommendations:
• Recognize the difference between work and business visas in host countries
Business Visa required: Work Permit required:
• Attending meetings, negotiations • Engaged in economic activity (provide
• Attending seminars, conferences economic benefit to local employer)
• Visiting customers • Holding signatory authority (signing
• On short-term visits (a few days) contracts)
• Performing same job in host country
as in home country
• Earning income locally
• On long-term visits/assignments
(typically longer than 3 months)
Results:
• Allows time to plan deployment/project scheduling
15

16. 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

17. 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
17

18. 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
18

19. 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
19

20. 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
20

21. 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
21

22. 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

23. 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
23

24. 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

25. 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:
– info@visanow.com
– 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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