Going Global: Streamlining International Assignments

With the growth of globalization, many American companies are expanding in international markets. This growth often results in the need to send seasoned personnel to other countries, whether on short business trips or longer-term work assignments. Increasingly, business and human resources managers are being asked to manage these cross-border assignments, which can mean sending U.S. personnel on international assignments, bringing foreign nationals to work in the United States, or coordinating the movement of personnel from one country to another entirely outside the jurisdiction of the United States. This article will focus on how to streamline international visa and work permit processes, to the extent possible, by planning ahead and asking the right questions up front.

The movement of international personnel requires companies to plan ahead. Beginning to plan six months before a trip or move is not too far in advance when thinking about international assignments. Different countries have different procedures and processing times for issuance of work permits and visas. Procedures for work permit applications vary greatly, from countries that request only short letters and valid passports to others that demand elaborate petitions supported by corporate materials and properly authenticated personal documents. Once the applications are in the hands of the appropriate government authorities, processing times can vary from several days to several months, and may involve not only a work permit application, but also a subsequent visa application by the individual and the family members who will accompany him. While a business visa, if needed, can often be arranged quickly for a short-term business visit, it is critical to remember that a business visit generally does not allow the visitor to engage in active work in the local labor market.

Hence, the importance of planning ahead.

When contemplating an international assignment, companies will have immediate questions of their immigration counsel or other service provider about the availability of work permits and visas, feasibility, timing and costs. To obtain useful information, there are a number of core questions the company must answer up front to help the immigration lawyer or other provider respond to its immediate concerns and to start streamlining the work permit or visa application process if the company decides to proceed. These questions apply regardless of the nationality of the worker or the location of the assignment. They fall into the following six categories: Who? What? When? Where? Why? And how?

Who?

• What is the worker's full legal name?
• Are any family members accompanying the worker? If so, what is each person's full legal name, relationship to the worker and date of birth?
• What is/are the citizenship/s of the worker and each accompanying family member/s?
• Are the worker's and family members' passports valid?
• What is the worker's address and contact information?
• What is the worker's upcoming travel schedule?
• Obtain a copy of the worker's current curriculum vitae or résumé.
• Obtain details concerning the worker's current job, if applicable, including: job title, duties, salary, current employer and work location.

What?

• Is the worker an existing employee? If so, what was the date of hire?
• Is the worker a new hire?
• Is the worker a contractor?
• Gather details concerning the proposed assignment abroad including: job title, detailed description of responsibilities and duties, salary and work location.
• If applicable, does the accompanying spouse want authorization to work?

When?

• What is the targeted start date for the assignment?
• What is the anticipated duration of the assignment?
• If applicable, is there a separate timetable for family members? If so, what is it?

Where?

• Which country (or countries) will be involved in the new assignment?
• Where and at which facility/ies will work be performed?
• What is the full legal name of the foreign business entity and its address?
• Who is the contact person at the foreign entity, and how can that person be reached?

Why?

• What are the company's objectives related to the assignment?
• What special or unique skills does the worker bring to this assignment?
• If applicable, what facts contribute to the urgency of the assignment?

How?

• Does the company have an established entity in the destination country?
• What is the ownership/corporate relationship between the company and its established entity in the destination country (e.g., parent, affiliate, subsidiary, joint venture, branch office)?
• What entity, in what country, will provide pay and benefits?
• Has the entity in the destination country sponsored foreign employees in the past?

Obtaining answers to these questions early in the process will result in more quickly determining whether and how to proceed with a work permit and/or visa application for any cross-border assignment. The immigration lawyer or other service provider will undoubtedly have further questions that will need to be answered depending on the nationality/ies of the individual/s involved, the proposed nature and length of the assignment, the country of destination and other facts specific to each case. However, a company that can immediately provide answers to the questions above will be in a better position to manage cross-border visa issues efficiently and effectively.