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:              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

In our increasingly globalized economy, employers strategically place employees in assignments across international locations, and utilize cross-border business trips to facilitate demanding international business needs.

However, many employers fail to thoroughly consider the risks or implications of sending their employees abroad.  Should employers have a travel policy in place?  What details should be outlined in an employment agreement with travel obligations?  Are there protections for employees visiting or living in high-threat countries with concerns of crime, terrorism, or political instability?  Is there a risk if an employee travels on the wrong visa? Continue Reading Innocents Abroad: Employer Considerations When Sending Employees on International Assignments or Business Travel

My colleague, Douglas Hauer, recently wrote about the terrorist attacks’ potential impact on the visa application process and international employee travel.  Doug writes that for employers, this may mean increased travel restrictions and security checks, not just for visa applicants, but even for those coming over for short business trips in the states.  It also means that if you have employees from the Middle East, Pakistan or South Asia, be prepared to offer additional assistance and guidance on the visa process and regarding travel schedules.  Employers should make sure that their employees seeking visas and/or traveling abroad understand the realities of these enhanced security checks.  Read the full blog entry here.