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October 2004 Presented to:
Copyright © 2004 Fragomen, Del Rey, Bernsen & Loewy, LLP 2 Ellen G. Yost, Partner Fragomen, Del Rey, Bernsen & Loewy, LLP 515 Madison Avenue New York, N.Y Direct Phone: (212) Main Phone: (212) FAX: (212)
Copyright © 2004 Fragomen, Del Rey, Bernsen & Loewy, LLP 3 Who We Are Fragomen, Del Rey, Bernsen & Loewy, LLP is a U.S. business immigration law firm with lawyers and 500+ legal assistants working in 14 U.S. offices and 9 non-U.S. offices. Our clients are multinational corporations, small and medium-sized businesses and highly-skilled individuals located in various countries.
Copyright © 2004 Fragomen, Del Rey, Bernsen & Loewy, LLP 4 What We Do Obtain work permits, residence permits and visas for employees of our clients so they may have the right people in the right place, at the right time, able to do the work that is required. Advise regarding U.S.compliance issues, export controls and government relations. Monitor and maintain the status of employees and their families Inform clients of changes in laws and regulations in jurisdictions where they operate.
Copyright © 2004 Fragomen, Del Rey, Bernsen & Loewy, LLP 5 The Employers Perspective Types of employee hires and transfers Goal: international mobility for highly- skilled workers Barriers to global mobility Experience under the NAFTA Suggestions for negotiations
Copyright © 2004 Fragomen, Del Rey, Bernsen & Loewy, LLP 6 Types of Employee Transfers All are highly-skilled. Employers often uncertain whether temporary or permanent. Short-term –Less than six months, remain on foreign payroll, no family –Need for speed and predictability –Need to do productive work International assignees (long and short term): traditionally executives, now all levels for training High- potential employees (temporary and permanent) Shortage workers
Copyright © 2004 Fragomen, Del Rey, Bernsen & Loewy, LLP 7 International Mobility for Highly-Skilled Workers As businesses operate globally, employers want to transfer employees among countries as easily as among cities. The movement of skilled business persons is a tool to accomplish business objectives and not an end in itself. –Start-up of new business operations –Transfer of knowledge or culture to other parts of an organization –Build an international group of personnel capable of working anywhere on short notice
Copyright © 2004 Fragomen, Del Rey, Bernsen & Loewy, LLP 8 International Mobility for Highly- Skilled Workers (cont.) It is a competitive business tool to increase customer satisfaction, employee productivity, generate cost-savings and save additional training. It is a workforce pipeline to attract and retain top talent, demographics. Educating, training, recruiting and placing workers on a global basis is as important as manufacturing, investing and marketing on a global basis.
Copyright © 2004 Fragomen, Del Rey, Bernsen & Loewy, LLP 9 Barriers to International Mobility National immigration laws and procedures. Each government puts employees in different categories, but from a company perspective they are just all employees. Security issues, visa problems, and numerical limitations may force companies to locate their operations elsewhere.
Copyright © 2004 Fragomen, Del Rey, Bernsen & Loewy, LLP 10 Experience under the NAFTA Canada-US Free Trade Agreement pursuant to the GATT in North American Free Trade Agreement (NAFTA) included Mexico in Facilitates entry for only 4 nonimmigrant categories of business persons: business visitors; intracompany transferees; professionals; and traders and investors. US has many more temporary categories (and one permanent). Broader than services.
Copyright © 2004 Fragomen, Del Rey, Bernsen & Loewy, LLP 11 Experience under the NAFTA (cont.) Advantages –Border-processing –New TN category increasingly useful in time of visa shortages for specialized knowledge (H-1B) category Shortcomings –Lack of understanding of who qualifies –Amending list is difficult Overall Experience: Now is more difficult of Canadian business people to enter the US to work than in This is because of subsequent changes to US immigration law and procedures.
Copyright © 2004 Fragomen, Del Rey, Bernsen & Loewy, LLP 12 Employers Suggestions Employers are looking for countries to cooperate on the issues: –if person is screened in Canada, should be alright for the United States –employers like Schengen Governments should distinguish between the different types of workers because they have different needs. –Global Commission on International Migration (GCIM) Governments should work with employers when developing policies.
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