U.S. Customs and Border Protection (“CBP”) Commissioner R. Gil Kerlikowske released the agency’s summer travel tips for international travelers.

Among the tips include:

  • Passports are now required for ALL outbound international air travel
  • Complete your Customs Declaration form (6059b) before you arrive at CBP’s processing facilities
  • Double check rules on agricultural products, including fruits, vegetables, meats, dairy, and even firewood before traveling to the United States

Safe travels!

From:  Ned Help

To:  Carrie Counselor

Subject: It’s been great working with you!

Carrie:

I’m writing to inform you that I am being transferred to our Rio de Janeiro office next month for a twelve month assignment.  It’s a bit daunting, but I am confident that the help you have provided me in establishing policies and practices that will serve my interests and the interests of the company. Continue Reading Innocents Abroad: Employer Considerations When Sending Employees on International Assignments or Business Travel

The Department of State released the visa bulletin for August 2016 and set cutoff dates for employment-based first preference Chinese and Indian chargeable applicants as well as second preference categories for “all other” nationalities. The setting of dates in these categories reflects the high demand for immigrant visas and lack of availability for prospective immigrants in these categories for the remainder of the fiscal year. We do not expect the government to move any filing dates forward until its new fiscal year begins on October 1, 2016.

Employment based All Chargeability Areas Except Those Listed CHINA-mainland born INDIA
1st C 1-Jan-10 1-Jan-10
2nd 1-Feb-14 1-Jan-10 15-Nov-04
3rd 15-Mar-16 1-Jan-10 8-Nov-04

From:  Ned Help

To:  Carrie Counselor

June 29, 2016

Carrie,

I appreciate the guidance you have provided regarding the documents the company needs to have in place when sending an employee on an assignment abroad.

Now I have a related question about immigration risks and responsibilities:  where do we draw the line between the company’s obligations and assumption of risks in these scenarios and the employees’ obligations and assumptions of risks with respect to securing and maintaining visas and work permit approvals for our employees?

Thanks for helping me think through this thorny issue.

Ned


 

Continue Reading Innocents Abroad: Creating a Company’s Global Mobility & Immigration Policy

Practice Chair Susan Cohen and Of Counsel Bill Coffman have published annual guidance on travel for F-1 students who are the beneficiaries of H-1B petitions with change of status requests.  Continue Reading Work and Travel Guidance for F-1 Students with H-1B Change of Status Petitions

The United Kingdom (England, Scotland, Wales, and Northern Island) went to the polls June 23rd and voted to leave the European Union. Some pro-leave “Brexit” campaigners argued for the ability to limit migration of EU workers as an important issue in the run-up to the referendum.  But what practical effect would a UK exit from the EU have on immigration to that country?  Continue Reading Brexit: Immigration consequences to the UK leaving the EU?

From:               Ned Help

To:                   Carrie Counselor

Date:               June 15, 2016

Subject:           Benefit and Compensation Considerations

Carrie:

Thank you again for all your help over the past few weeks as we address our concerns with employees going abroad.  We previously talked about offer letters and employment agreements.  I know you covered some of the basic considerations regarding benefits and compensation, but I was hoping we could go into this topic in a little more depth, as we look to implement revised standards internally.

We will be sending some high level employees abroad for assignments in key geographic regions for the business and I expect to get plenty of push back on compensation packages.  I was hoping you could provide a quick overview of some key compensation considerations we should be aware of before we begin negotiations with these individuals.

Thanks,

Ned


Continue Reading Innocents Abroad: Benefit and Compensation Considerations

Kings Cross Station, London (Shutterfly)
Kings Cross Station, London (Shutterfly)

From: Ned Help

To: Carrie Counselor

Subject:  Lost laptop containing European customer information

Carrie,

A couple of weeks ago, you wrote me about an employee who will be engaging in a six-month temporary assignment around Europe to scope market opportunities. The employee was Abbie Absent-Minded.  Well, we hit a snag pretty quickly.  Abbie just e-mailed me to say that she left her laptop on a train in London last evening and it hasn’t turned up yet in the train company’s lost-and-found.  It was a brand-new laptop that we had given her for her European assignment, so fortunately it didn’t have a lot on it.  Abbie said that the laptop had contact information for her various marketing prospects, plus some sample customer data that she was given by one of her prospects to use in a demo of our web-based advertising product.  She thinks that the customer data included around 200 records with the customer’s name, age, gender, e-mail address and the history of purchases that the customer made from our prospective client’s retail stores.

I assume that we should tell our prospective client that the laptop with their customer data was lost.  What else do we need to think about?

Thanks,

Ned


Continue Reading Innocents Abroad: Lost laptop with customer data

From: Carrie Counselor

To: Ned Help

Subject: RE: Privacy considerations for employees working abroad

Dear Ned,

I understand that one of your employees will be engaging a six-month temporary assignment around Europe to scope market opportunities, and you’d like to have a better understanding of what to be thinking about in terms of privacy.  Great question!  This is an area where many employers struggle because other jurisdictions protect privacy and personal data quite differently than we do here in the United States. Continue Reading Innocents Abroad: Privacy considerations for employees working abroad

From:             Ned Help

To:                  Carrie Counselor

Date:               May 4, 2016

Subject:          Employment Agreements for Employees Working In High Risk Countries

Carrie:

Thanks again for your guidance over the past several weeks.  Now that we’ve tackled updating our offer letters for employees working abroad, I’d like to look at our employment agreements.  What provisions should our company consider including in employment agreements for employees who will be working in high risk countries?

Thanks,

Ned

Continue Reading Innocents Abroad: Employment Agreements for Employees Working In High Risk Countries