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October 2004 Presented to:
Copyright © 2004 Fragomen, Del Rey, Bernsen & Loewy, LLP 2 Ellen G. Yost, Partner firstname.lastname@example.org Fragomen, Del Rey, Bernsen & Loewy, LLP 515 Madison Avenue New York, N.Y. 10022-5403 Direct Phone: (212) 230-2874 Main Phone: (212) 688-8555 FAX: (212) 371-0750 www.fragomen.com
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 150 + lawyers and 500+ legal assistants working in 14 U.S. offices and 9 non-U.S. offices. http://www.fragomen.com 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 1989. North American Free Trade Agreement (NAFTA) included Mexico in 1995. 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 1989. 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.
October 2004 Presented to:
Global Immigration: Policy Development In A Compliance Oriented World June 14, 2011.
Migration and Temporary Movement (Mode 4): Towards a Trade and Development approach Economic Affairs Division Commonwealth Secretariat.
Bringing People Together Temporary Migration and Labour Market Responsiveness Labour Market Shortages Indicate A Need for Additional Temporary Migration.
Nishith Desai Associates Legal and Tax Counselling Worldwide VAIBHAV PARIKH MOVEMENT OF NATURAL PERSONS UNDER.
Mode 4 In Practice Immigration Perspective: Canada.
Geneva September 2008 World Trade Organization Symposium Mode 4 of the GATS- Taking Stock and Moving Forward.
Licensing of Intangible Transfers of Technology
American Bar Association Ethics 20/20 Commission Presentation to YLD Council Las Vegas, May 12, 2011 Professor Paul D. Paton, Reporter.
Chapter 8 Global Management
Visa Options for International Entrepreneurs Dan Berger, Curran & Berger LLP Matthew Roy, New Atlantic Management Group, LLC Anish Sahni, T’09 Entrepreneur.
Unit 13 International Marketing
Introduction to Business
Advising the International Executive I mmigration I ssues H. Ronald Klasko, Esq. Klasko, Rulon, Stock and Seltzer, LLP Philadelphia New York 1800 JFK Blvd.
EMPLOYMENT OF NONRESIDENT ALIENS AT TEMPLE UNIVERSITY A presentation offered jointly by The Office of Human Resources, The Office of International Services,
The H Visa-Temporary Worker
U.S. Immigration Options for the Canadian MBA Options for Employment Thursday, February 12, 2015 H. Ronald Klasko, Esq. Klasko Immigration Law Partners,
Global HR Forum September 23, 2008 Mexico City, Mexico Business Immigration in Mexico Mr. Enrique Arellano Enrique Arellano Rincón Abogados, S.C. Providing.
Global Markets and International Marketing
International Human Resources Management
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