Corporate Immigration is one among the most challenging and complex pieces of workload in a Human Resources Department that are hiring foreign nationals and local residents regardless of functions and responsibilities. There are several functions in Human Resources that are strategically overseeing this compliance piece within an organization.
Oftentimes, the function that relates to Corporate Immigration Compliance in many medium size or bigger organizations is called Staffing Specialist. It is a role that is responsible with immigration cases management where it plays a critical role in attracting highly quailified individuals with BS degree or higher succeedingly manages the multiple layers of cases for an appropriate visa acquisition. An organization that is knowledgeable and strategically positioning itself correctly, the management consider this role as their support and partner for their growth and advancement of the organizational critical talents. This role is staffing program function that is strategic provided the Staffing Manager or VP of HR acknowledge its value and utilize to its fullest capability in contributing to its strategic mechanisms within the Human Resources.
Sometimes this function is merged into the responsibilities of an Immigration / Relocation Specialist. When an organization have a small or large number of visa holders within an organization or the organization is budget bound, the responsibilities include the management of domestic and expatriate relocations across cities, states and countries.
This function is also very strategic in nature similar to the earlier because it will relate to a bigger picture that involves international operations. An overview of some of the functions covered are assessment of needs, execute methodologies in benchmarking, recommends budget and costs, meets with managers and executives to provide strategic guidance regarding specifics of plans pertaining to a hire or assignee whether a valuable option or a waste of time and money, manages external providers, review documentations for accuracy, audits cases, suggest alternative actions, and executes confirmation of approvals. Individuals who are experienced and holds a professional designation called GMS - Global Mobility Specialist are successful in the management of this function across cultures.
There are organizations however, that categorize this role as a Coordinator. As a Coordinator, the function is administrative based and tactical. It does not require a mindset that will assess the big picture and its role to the overall organization. The coordinator function receives instructions from an HR Manager or VP, an external provider such as an Immigration Attorney and Relocation Services Partner, collaborate with them in securing requirements from particular employees, and then send these to the requesting party for processing and application preparation, filing, approval and file maintenance. This coordinator will not sit with managers and discuss options and suggestions however, liaises what are identified suggestions as options for a specific case.
Generally, each organization has its own position types and categories. Identified functions above were only specific examples of roles that are involved in the compliance requirements. Regardless of the role or functional title, Corporate Immigration Compliance will be dealt with by many other corporate functions that relate to Human Resources.
The responsible individuals will make sure that all of the compliance requirements relating to an employment visa for employment and employment eligibility were complied properly. There are so many layers to pay attention to. Depending on the nature of the organization, the position that is being filled by a foreign worker, the I-9 compliance,
the classification of appropriate employment visa, the remuneration that are relevant to the visa of the intended hire, I-94 regulations, the maintenance of the employment visa, the compliance involving dependents of a visa holder and their origin country, the H-Public File, the processing of visas and their phases whether nonimmigrant, labor certification, immigrant, adjustment of status, consular processing, lawful permanent residency or naturalization.
Today, during the Press Release of the Department of Homeland Security. Secretary Janet Napolitano recognized the efforts of several corporations who are engaged in the use of "I E-Verify Campaign"
The "I E-Verify" campaign highlights employers' commitment to working with DHS to maintain a legal workforce and reduce the use of fraudulent identity documents through enrollment in the modern and effective E-Verify system.
"E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce," said Secretary Napolitano. "The 'I E-Verify' program will let consumers know which businesses are working hard to follow the law and are committed to protecting employment opportunities."
"I E-Verify" will also recognize employers who are part of the ICE Mutual Agreement Between Government and Employers (IMAGE) Program—which requires E-Verify in addition to other best practice strategies designed to ensure compliance with employment and immigration laws. Under IMAGE, ICE provides employer training on proper hiring procedures, fraudulent document detection and how to use E-Verify. Member companies must enroll in E-Verify, undergo an I-9 audit, adhere to IMAGE best hiring practices and sign an official IMAGE partnership agreement with ICE."
To read the full Press Release click the link:
Announced New Campaign to Recognize Employers Committed to Maintaining a Legal Workforce
Observations:
Every organization must participate in the Corporate Immigration Compliance. If you are not aware whether or not your immigration cases has complied with all the requirements from
I-9 Eligibility for US Employment, Labor Condition Compliance, H Public File, Labor Certification, and up to AOS/LPR. Seek the guidance and assistance of a professional who is
experienced in the environment of both immigration and global relocation.
Have your cases be audited to make sure they are compliant with the regulations. Compliance is not only based on having approval documentations on file, but it covers how it is done and demonstration of intent, demonstration of legal procedures pertaining to the content and how your systems work up to the exit of a visa holder from employment termination. It is important to learn the areas covered within this function and not only dependent on the instructions provided by external partners assisting your organization.
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