Corporate immigration is how businesses and corporations transfer or hire foreign workers to work in a different country. It involves understanding and complying with employment-based immigration laws of the host country, including work permits, visas, and other legal requirements.
Why is corporate immigration important in today’s world of work?
Corporate or business immigration can be a valuable tool for companies looking to expand their talent pool and establish a global workforce presence. By leveraging this strategy, businesses can gain access to diverse skills, ideas, and perspectives that can fuel innovation, enhance competitiveness, and unlock new growth opportunities.
For instance, imagine a fast-growing tech startup that has hit a roadblock due to a lack of AI specialists in its local job market. To overcome this challenge, the company could opt for corporate immigration and recruit a top-tier AI researcher from another country. By bringing in this talent and relocating them to a region with a prominent tech hub, the business can tap into new market opportunities and accelerate the development of its projects.
See also: 6 Reasons to Implement a Global Mobility Strategy
What are some common compliance challenges associated with corporate immigration?
Common challenges include:
- Complex and changing immigration laws
- Strict work permit and visa requirements
- Lengthy visa processing times
- Varying employment laws
It is important to note that immigration authorities have the right to conduct both random and routine audits to ensure compliance with immigration laws. During such checks, employee documentation and records are thoroughly examined.
Non-compliance with corporate immigration laws can lead to serious consequences, including legal penalties, reputational damage, disrupted business operations, and potential difficulties in recruiting and retaining international talent. Therefore, it is highly recommended to prioritize compliance and take necessary measures to ensure that all immigration requirements are met.
See also: 8 Ways to Use HR Technology to Facilitate Global Mobility
How can businesses manage compliance in corporate immigration?
Managing immigration compliance is crucial for multinational businesses operating in foreign countries. It involves developing a well-defined immigration policy, providing regular training to employees, and continuously monitoring compliance with the relevant laws and regulations. It is recommended that companies work closely with legal experts to gain a thorough understanding of the immigration laws and procedures of the host country.
Deel’s HR platform offers built-in visa and immigration services to help companies mitigate the risk of non-compliance. The platform's visa eligibility checker enables hiring companies to ensure that a candidate meets the country-specific visa requirements before creating their localized employment contract and initiating the work visa application process.
If you need to relocate an existing employee, Deel provides a straightforward option to check their visa eligibility, start the visa application process, and update their work contract. Additionally, Deel can hire and provide visa sponsorship on your behalf if you do not have a legal entity in the destination country.
The immigration dashboard on the Deel platform provides an overview of your company’s immigration activities and notifies you of any upcoming visa renewals or transfers that need to be initiated. This helps businesses streamline the immigration process and ensure compliance with the relevant laws and regulations.
See also: How to Streamline Global Mobility for Enterprises
What are the future trends in corporate immigration?
As businesses continue to navigate the ever-changing landscape of immigration policies, it is becoming increasingly important for them to stay up-to-date with the latest trends and advancements in the field. Future trends in corporate immigration include the use of technology to streamline the immigration process, a greater emphasis on employee experience, and the emergence of new visa categories for remote workers.
At Deel, we recognize the importance of providing a stress-free and predictable immigration journey for both workers and companies. With our tech-enabled immigration solution, businesses and their workers can easily complete forms, submit required documents, pay fees, receive real-time visa application status updates, and get direct access to in-house visa and immigration experts from a single platfrom. Our goal is to simplify the immigration process and help businesses leverage the benefits of corporate immigration in a hassle-free manner.
See also: Global Mobility in 2023: 3 Key Trends and Predictions
How does corporate immigration work in the US?
Navigating the US immigration system can be a complicated process, especially when it comes to employing foreign nationals. The process involves a variety of laws and regulations, which can be overwhelming for both employers and employees.
To begin, the employer must determine the most suitable visa category for the foreign employee. There are several work-related visa categories available, including the H-1B visa, L-1 visa, E-1/E-2 visa, and O-1 visa. In some cases, a labor certification (PERM) may be necessary to demonstrate that qualified US workers are not available for the job, particularly for employment-based green cards (EB-2 and EB-3).
Once the appropriate visa category has been identified, the employer must prepare and file the relevant visa petition with the appropriate agency, either the U.S. Citizenship and Immigration Services (USCIS) or the Department of Labor. After the petition is approved, the foreign employee can move on to the visa application process at a US consulate or embassy in their home country.
During the visa application process, the foreign employee will attend an interview and provide supporting documents. If the visa is approved, the employee will receive a visa stamp on their passport, which allows them to travel to the US.
Upon arrival in the US, the foreign employee will undergo inspection by US customs and border protection (CBP) at the port of entry. If approved, they will be granted entry into the US. The terms and conditions of their employment will be dictated by their visa status, and employers must ensure compliance with visa-specific regulations, such as prevailing wage requirements and maintaining valid status.
Some foreign employees may seek permanent residency (a green card) and eventually naturalization through employment-based categories. This involves an additional process, including the labor certification (if not previously done) and an immigrant visa petition.
It is crucial for employers to comply with reporting requirements and ensure that their foreign employees maintain their visa status. Failure to do so can result in penalties, visa revocation, or deportation.
Are you looking to help your team relocate to the US?
Whether your goal is to support a worker in obtaining a temporary nonimmigrant visa or a green card, Deel has got you covered. We recently acquired Legalpad, the leading US immigration provider. Legalpad offers comprehensive immigration solutions to support your corporate immigration journey and ensure that you avoid any immigration issues that may arise. With our assistance, you can help your team move to the US with ease and confidence.
Disclaimer: The information provided in this article is intended for general guidance and informational purposes only. It should not be construed as legal advice. Immigration laws and regulations are subject to frequent changes, and the specific circumstances of individual cases can vary. For personalized guidance, legal advice, or assistance with immigration matters, it is strongly recommended to consult with qualified immigration lawyers or immigration attorneys.
