In today’s global economy, the landscape surrounding immigration issues is becoming increasingly complex. Penalties for violations of federal and state immigration rules extend beyond civil fines to more serious consequences, including but not limited to, criminal liability. Now more than ever companies must stay ahead of the latest in immigration law and compliance. In a three-part webinar series, Mintz Levin’s Immigration Practice aims to arm employers with best practices and tools regarding compliance in key areas of immigration law.

Part I: I-9 Compliance and Best Practices — Monday, May 8, 2017
Part II: E-Verify Compliance and Best Practices — Tuesday, May 30, 2017
Part III: Wages, Recordkeeping, and Job Changes – Compliance in Employment-Based Immigration — Thursday, June 22, 2017

Don’t wait, register for all or any combination of webinars in the Immigration Webinar Series starting May 8, 2017!

Our sister blog, Immigration Law, has written an article entitled, Immigration Relief for Foreign Entrepreneurs, which provides an overview of the proposed USCIS Entrepreneur Rule  to be published in the Federal Register shortly. This post examines the potential implications of the rule for non-U.S. entrepreneurs who own at least 15% of a startup that has received significant funding from U.S. investors. The rule would offer the beneficiaries “Parole” status and immediate eligibility to work in the U.S.

From:             Ned Help

To:                  Carrie Counselor

Date:              July 13, 2016

Subject:         It’s been great working with you!

Carrie:

I’m writing to inform you that I am being transferred to our Rio de Janeiro office next month for a twelve month assignment. It’s a bit daunting, but I am confident that the help you have provided me in establishing policies and practices will serve my interests and the interests of the company.

Over the last five months, you have provided legal and practical insights into issues arising when an employer sends employees abroad on business or for a work assignment. I have repeatedly asked for your help regarding situations involving employment, immigration and privacy issues.  I’ve shared these best practices with our Human Resources team so they are better able to anticipate and manage the challenges of doing business in an increasingly global economy.

Continue Reading Innocents Abroad: Employer Considerations When Sending Employees on International Assignments or Business Travel

From:             Ned Help

To:                  Carrie Counselor

Date:              June 29, 2016

Subject:         Benefit and Compensation Considerations

Carrie:

I appreciate the guidance you have provided regarding the documents the company needs to have in place when sending an employee on an assignment abroad.

Now I have a related question about immigration risks and responsibilities: where do we draw the line between the company’s obligations and assumption of risks in these scenarios and the employees’ obligations and assumptions of risks with respect to securing and maintaining visas and work permit approvals for our employees?

Thanks for helping me think through this thorny issue.

Ned

Continue Reading Innocents Abroad: Creating a Company’s Global Mobility & Immigration Policy

From:             Ned Help

To:                  Carrie Counselor

Date:              June 16, 2016

Subject:         Benefit and Compensation Considerations

Carrie:

Thank you again for all your help over the past few weeks as we address our concerns with employees going abroad.  We previously talked about offer letters and employment agreements.  I know you covered some of the basic considerations regarding benefits and compensation, but I was hoping we could go into this topic in a little more depth, as we look to implement revised standards internally.

We will be sending some high level employees abroad for assignments in key geographic regions for the business and I expect to get plenty of push back on compensation packages.  I was hoping you could provide a quick overview of some key compensation considerations we should be aware of before we begin negotiations with these individuals.

Thanks,
Ned

Continue Reading Innocents Abroad: Benefit and Compensation Considerations

From:     Ned Help

To:          Carrie Counselor

Date:      June 1, 2016

Subject:  Lost laptop containing European customer information

Carrie,

A couple of weeks ago, you wrote me about an employee who will be engaging in a six-month temporary assignment around Europe to scope market opportunities.   The employee was Abbie Absent-Minded.  Well, we hit a snag pretty quickly.  Abbie just e-mailed me to say that she left her laptop on a train in London last evening and it hasn’t turned up yet in the train company’s lost-and-found.  It was a brand-new laptop that we had given her for her European assignment, so fortunately it didn’t have a lot on it.  Abbie said that the laptop had contact information for her various marketing prospects, plus some sample customer data that she was given by one of her prospects to use in a demo of our web-based advertising product.  She thinks that the customer data included around 200 records with the customer’s name, age, gender, e-mail address and the history of purchases that the customer made from our prospective client’s retail stores.

I assume that we should tell our prospective client that the laptop with their customer data was lost.  What else do we need to think about?

Thanks,
Ned

Continue Reading Innocents Abroad: My Employee Lost a Laptop With Customer Data

From:             Carrie Counselor

To:                  Ned Help

Date:              May 19, 2016

Subject:         RE: Privacy considerations for employees working abroad

Dear Ned,

I understand that one of your employees will be engaging a six-month temporary assignment around Europe to scope market opportunities, and you’d like to have a better understanding of what to be thinking about in terms of privacy.  Great question!  This is an area where many employers struggle because other jurisdictions protect privacy and personal data quite differently than we do here in the United States.

Continue Reading Innocents Abroad: Privacy considerations for employees working abroad

From:             Ned Help

To:                  Carrie Counselor

Date:               May 4, 2016

Subject:          Employment Agreements for Employees Working In High Risk Countries

Carrie:

Thanks again for your guidance over the past several weeks.  Now that we’ve tackled updating our offer letters for employees working abroad, I’d like to look at our employment agreements.  What provisions should our company consider including in employment agreements for employees who will be working in high risk countries?

Thanks,
Ned

Continue Reading Innocents Abroad: Employment Agreements for Employees Working In High Risk Countries

From:             Ned Help

To:                  Carrie Counselor

Date:               April 21, 2016

Subject:          URGENT: Employee Detained at the Airport?

Carrie:

What an afternoon!  When Winston Wild’s manager called me, indicating that he was detained at Pearson International Airport, we did not know what to do, which is why I called you.

Thank you for calling Winston Wild so quickly and explaining that he was only delayed and placed in Secondary Inspection.  This scare made me realize that I have little understanding about what our employees might experience at the airport and what could go wrong.  When you have a moment, please explain what you mean by “secondary inspection” and strategies we can employ internally when something goes awry at the airport.

Continue Reading Innocents Abroad: Emergency at the Border—Key Considerations

From:              Ned Help

To:                   Carrie Counselor

Date:               April 6, 2016

Subject:          Offer Letters for Employees Working Abroad

Ned:

As promised, I am following up on my email from last week regarding some additional resources for employees working abroad.  The offer/assignment letter is a great place to specifically outline additional resources and tools the employer will provide to the employee stationed abroad, which may include the following:

Continue Reading Innocents Abroad: Sending Employees Into Harm’s Way – A Word About Offer Letters – Part II