Compliance in the immigration space is a tangled web of investigative bodies and administrative departments – with acronyms like ICE, USCIS, the DOL and the DOJ – enforcing various aspects of U.S. immigration law in the United States alone. At the global level, understanding compliance issues and their consequences expands the universe of potential pitfalls.
The cost of failing to comply can be prohibitive. Consequences can include high monetary penalties (i.e. fines, potential criminal sanctions (i.e. jail), an inability to secure visas for company employees in a particular jurisdiction (i.e. your employee is no longer allowed in the country), disruption to business practices (i.e. your company is unable to obtain future business or work visas to a specific country) – and most of all, could result in unhappy employees.
Short-term business travel is often a gray area for employers.tweet this
More often than not, issues of noncompliance stem from simple misconceptions rather than purposeful wrongdoing. Short-term business travel is often a gray area for employers. The straightforward definition of this is an employee who travels outside their base location for business and who is not on a formal assignment or transfer. In our experience, many employers may assume that a work permit is not required due to the short-term nature of travel, which could result in accidental non-compliance if it turns out a different visa was required.
Some other common misunderstandings related to short-term business travel include:
What’s important to understand, particularly for the training issue, is that what constitutes business travel versus the type of travel requiring work authorization varies by country. However, there is a golden rule. Essentially, in almost every single jurisdiction, the activities performed, not the duration of the travel, will determine what is business and what is work. It is vital to understand country requirements before allowing your employees to travel.
How you identify short-term business travel in your own organization so you can try to remain compliant is key. Some common characteristics of short-term business travel include:
It is important to understand internally what the characteristics are and explain these clearly to all stakeholders including hiring managers and everyone involved in the immigration and visa process to avoid errors or future issues.
In the event of noncompliance, both the company and the employee may be subject to monetary fines, could be prohibited from entering the destination country, resulting in a lost opportunity or lost business, or could even face criminal charges.
In addition, companies may face penalties, fines and other legal action from a foreign government, potentially resulting in some long-term reputation damage. Certainly, you would not want your employee, or in this case, short-term business traveler, to do something that would negatively impact your company’s reputation and status in the industry.
To reduce these risks for short-term business travelers, you should take the following steps: