Insight

The Global Employer: Strategies and Best Practices for an International Workforce

Developing and retaining an international workforce is essential to competing in the global marketplace.

Global Employer Best Practices
GF

Garfinkel Immigration Law Firm

July 3, 2017 11:00 AM

Developing and retaining an international workforce is essential to competing in the global marketplace. Employers are too often unpleasantly surprised by visa and compliance issues. Here are some essential keys to success:

Hire smart.

Employers should confirm that each candidate is legally authorized to work and confirm whether the candidate will ever require sponsorship for an immigration-related benefit. If a candidate indicates that he or she requires visa sponsorship, the global employer should probe further and ask additional questions about current status, length of time in current status, and whether a green card process has ever been initiated.

When recruiting talented candidates outside the U.S. without a work visa, consider the H-1B visa for professionals as a last resort (due to the limited number available each fiscal year and the extremely high demand). With limited visa options, the global employer should focus its international recruitment efforts on employees who have served the organization internally for at least one year and may qualify for an intracompany transferee work visa. Outstanding individuals may also qualify for an O-1 exceptional/extraordinary visa. Certain nationalities have additional visa options available to them, and if the global employer is a foreign-owned company or engages in substantial trade with another country, there may be additional visa options for employees who are citizens of that country (E Visas).

Understand the possibilities and limitations of “visitor” status.

An individual who enters on a B-1 Visitor Visa or pursuant to the Visa Waiver Program (ESTA) is not authorized to work in the United States. The business visitor may attend meetings, conferences, and seminars and negotiate contracts and conduct other limited activities, but cannot receive wages from a U.S. entity. Frequent or extended U.S. visitors should apply for a work visa since this travel pattern typically raises a red flag for immigration officers at the port of entry. This could result in additional scrutiny, denial at the port of entry, or, in the worst case scenario, an expedited removal.

Note that the law does allow for limited circumstances where someone in visitor status may work in the U.S, for example, skilled technicians who enter the U.S. to install or repair machinery sold by their employer within the last year where a sales contract provides for such service.

Plan for the future.

Employers should identify key employees who require H-1B sponsorship by November of each year to ensure timely filing of cap-subject petitions. For employees who have already secured the H-1B Visa or another type of work visa, bear in mind that work visas are temporary in nature, and some cannot be extended beyond a certain time period. Global employers should be aware of these deadlines and identify employees they wish to sponsor for permanent resident status as soon as possible.

Be prepared to demonstrate compliance.

Any number of government agencies may appear for a site visit, including USCIS, ICE, and DOL. The smart employer conducts regular internal “audits” of all H-1B and L-1 workers to ensure that their job duties, worksites, and salaries are consistent with the filed petitions. The audit should include a review of the Public Access File for each H-1B worker. Furthermore, employers should schedule regular internal audits of its I-9 records to ensure they have been filled out properly and are up to date. Prepare for site visits by designating someone from human resources to meet with an investigator during unannounced visits, and notify your corporate counsel.

Fire smart.

The global employer should know it bears additional obligations to the employee upon termination if the employee holds H-1B, O, or P status. The employer must reimburse the employee for the cost of return transportation to the home country and should notify USCIS of the termination. Finally, after an employee’s departure, the employer must retain I-9 records, Public Access Files, and PERM audit files for a specified period of time and implement a system to purge these records after the requisite time period has lapsed.

Stay tuned.

Immigration law is constantly evolving. Global employers should always seek highly-qualified legal advice to avoid conflicts. Garfinkel Immigration Law Firm, one of the largest business immigration firms in the Southeast, has provided comprehensive services to global employers for 20 years. If you have any questions, please contact our firm at 704-442-8000.

------------------------

Based out of Charlotte, NC, Garfinkel Immigration Law Firm is one of the largest immigration practices in the Southeastern U.S. We focus in distinct immigration practice areas, including business immigration, family immigration, global immigration, and employer compliance. Please contact us at (704)-442-8000 or by visiting www.GarfinkelImmigration.com. You can also reach us on Facebook (@GarfinkelLaw) or Twitter (@GarfinkelLaw).

Related Articles

The Price of Admission


by Janice Zhou

States and the federal government are engaged in a pitched battle over immigration and refugee settlement—with the legal profession caught in the middle, taking fire from both sides.

Immigration Reform in Connecticut

Issue Spotting Guide for Assessing Inbound to U.S. Travel Issues


by Kathleen M. Peregoy

This guide is intended to serve as a resource for management and human resources representatives when making decisions and advising employees/management on travel and immigration-related concerns.

Guide for Assessing Inbound to U.S. Travel Is

Treaty Visas: A Good Option for Businesses


by Eric Fleischmann

Business immigration attorneys have a challenging task. Clients, typically large multinationals, have high expectations.

Treaty Visas: A Good Option for Businesses

Trump and Immigration: Separating Truth from Fiction


by Harlan G. York

Deportations aren’t up, but the people who are being deported are more “newsworthy.”

Trump and Immigration

Employers Must Soon Use Yet Another New I-9 Form


by Fisher Phillips

New document could be liability trap for unsuspecting employers.

Begin Using the New Form Now

Maximizing Your Chances of Approval With an Immigration Attorney


by Best Lawyers

Immigrating to the U.S. can be a complex and lengthy experience. In this article, Best Lawyers evaluates how an immigration attorney can help along the way.

Department of Homeland Security logo with American flag in the backdrop

Maximizing Your Chances of Approval with an Immigration Attorney


by Best Lawyers

Immigrating to a new country is often a complex, arduous and sometimes costly process. To maximizing your chances of approval on your immigration journey, seek the counsel of an experienced immigration attorney.

View of the Statue of Liberty with birds in backdrop

U.K. Introduces Revisions to Right-to-Work Scheme and Immigration Rules


by Gregory Sirico

Right-to-Work Scheme and Immigration Rules in

Paying It Forward


by Best Lawyers

One woman’s journey from immigrant daughter to immigration attorney: her passion, purpose, and pursuit of excellence.

A Woman's Journey From Immigrant Daughter to

WATCH: Supreme Court Rules DACA Stays


by Best Lawyers

Three immigration law attorneys join the CEO of Best Lawyers to discuss the Supreme Court's decision to block the Trump administration's effort to stop the DACA program.

Panel: DACA SCOTUS Ruling

Cost of Entry


by Best Lawyers

As naturalization fees increase, a local nonprofit provides financial relief for immigration

Financial Relief for Immigration in Florida

Loophole or Fatal Flaw?


by Joseph Begonis

Canada's Best Lawyers share their thoughts on the Safe Third Country Agreement

What Is the Safe Third Country Agreement?

Traversing the Immigration Frontier


by Best Lawyers

Brian Graham Interview LOTY

U.S. Business Immigration: Year-in-Review


by Christian S. Allen

For more reasons than are probably appropriate to include here today, 2017 will be forever be burned into the memories of everybody in the U.S. immigration industry, and all HR and legal professionals who were involved in hiring and/or employing foreign workers in the U.S. No matter your political persuasion, 2017 turned out to not be anything like we all expected at the beginning of the year, fol

U.S. Business Immigration: Year-in-Review

The Inside Wall


by Charla Truett

Are bricks being stacked up against employment-based immigration?

The Inside Wall

The Rise and Fall of the H-1B Worker


by Kathleen Saenz Poppenger

Until recently, most people were unfamiliar with the H-1B visa, except for those seeking to take advantage of this temporary worker category.

Rise and Fall of the H-1B Worker

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky