Date June 16 th Worldwide ERC would like to thank today s sponsor: MSI Global Business Solutions Worldwide ERC

Transcription

1 Date June 16 th 2015 Worldwide ERC would like to thank today s sponsor: MSI Global Business Solutions 2015 Worldwide ERC

2 Business Visitors: Monitoring and Compliance for your Global Employee Populations 2015 Worldwide ERC

3 WORLDWIDE ERC WEBINAR DISCLAIMER The views, opinions, and information expressed during this webinar are those of the presenter and are not the views or opinions of Worldwide ERC. Worldwide ERC makes no representation or warranty with respect to the webinar or any information or materials presented therein. Users of webinar materials should not rely upon or construe the information or resource materials contained in this webinar as legal or other professional advice and should not act or fail to act based on the information in these materials without seeking the services of a competent legal or other professional.

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5 CRP and GMS Certification If you are a CRP seeking CE credit for this Learning Zone, you must utilize the CRP Recertification Credit Form, available online at: (please note that all (S)CRPs must use this form and pay the $8 admin fee to receive CE credit) If you are a GMS seeking CE credit for this Learning Zone, you must include the name/date of this webinar on your GMS Renewal Application (at the time you apply for recertification). The Renewal Application is available online at:

6 Today s Presenters Carolina Rojas Newman, GMS Global Director, Immigration Services

7 Agenda Short term and Business Visas for Global Employees Business Visa Overview Business Travel and Compliance Business Visa Limitations Monitoring and Compliance International Business Travel Policy and Program Development Travel Tracker technology Proper use of a Tourist Visa Latin American Region Argentina Colombia Brazil EMEA Region UK Schengen Asia pacific Region Vietnam China Japan 2014 Worldwide ERC

8 Short term and Business Visas for Global Employees Cross-border commuter, a growing phenomenon particularly in the European Union (EU). Accidental Expats Not all business travelers need immigration approval but some do. Client visit or Work visit Tax regulations around short-term assignments throw many employers off track More than 90 days Business Visit?

9 Business Visa Overview A business visit is defined as a short-term trip taken to conduct activities for which work authorization is not required in the destination country A business visa authorizes the foreign national to enter the destination country as a business visitor In general, business visas are subject to simpler application procedures and fewer advance eligibility requirements than work permits If a foreign national does not qualify for a business visa, then work authorization is required

10 Business Travel and Compliance Permissible activities for business visitors PERMITTED: Meetings, conferences, contract negotiations PROHIBITED: Most labor for hire, productive work activities that benefit employer in country, with some narrow exceptions Compliance issues Governments worldwide are more closely scrutinizing business visitor programs Activities Generally Permitted In Business Business meetings Fact-finding missions/exploring business and investment opportunities Marketing and sales contacts to promote goods or services originating outof-country Professional or business conferences Business negotiations

11 Business Travel and Compliance Immigration Compliance Employment & Corporate Tax Compliance Business Reputation Employment Law Compliance Employee Impact

12 Business Visa Limitations In order to qualify as a business visitor, an employee generally must not: Benefit the host entity (i.e., generate revenue) Officially represent an entity located in the host country Perform activities which compete directly with the activities of local citizens or permanent residents of the host country Take direction from management of the entity while in the host country Receive remuneration from the host entity (with the exception of incidentals in some countries) Business visitors must have a residence and an employer outside of the host country Duration of stay must be a limited, pre-set period of time consistent with intended purpose of trip

13 Monitoring and Compliance Pre-Travel Investigation Is it Business Travel or Actual Work? Develop Internal Company Policies - Have a Point Person/Team Ask Questions. Before you travel Review Processes (including tracking technology) to Track Frequent International Business Travelers. Incorrect or lack of permissions and/or documentation for international movement leaves your company open to fines, deportation of employee(s) and reputational risk resulting in loss of business and profit. International movement includes, but is not limited to, business trips, international projects, international sales, and establishing new overseas entities.

14 Int l Business Travel Policy & Program Development Discover Understand travel (top travelers, key business locations, priority projects, etc.) Qualify exposure & explore obligations Research Business Needs Identify current resources Mobilize Educate Leadership on findings Identify 1-2 initial EE groups Use discovery data vendor support, business needs, leadership input, traveler profiles - to develop & implement basic process Integrate Debrief learning's from initial groups Formalize business travel policy Educate all employees Technology Travel Tracker

15 Travel Tracker technology What are best practices for internal tracking of company personnel? What about technology? Are there apps or other systems that can help companies or business travelers track their business travel? How do companies develop policies and programs for business travel using the latest technology? If such policies are developed, how do companies know that they are being followed? Is there follow-up or an internal audit process? What if there is an issue upon admission to the U.S. or another country? What does the business traveler do?

16 Proper use of a Tourist Visa Are tourist visas only for Tourism? Several countries charge entry and exit fees This is often a result of a reciprocal policy between countries Activities not permitted with a tourist visa: study employment paid performances, or any professional performance before a paying audience arrival as a crewmember on a ship or aircraft work as foreign press, radio, film, journalists, and other information media permanent residence

17 Business visa Latin American Region Argentina U.S. citizens do not need to process a visa in the USA prior to traveling to perform business activities in Argentina, but they must pay an entry fee of $160 online, and bring proof of payment when they enter the country. Argentina instituted the reciprocity fee in 2009, and began requiring pre-arrival payment in This fee is charged in reciprocity for the U.S. visa fee charged to Argentines. Important notes: Allowed activities: visiting customers, negotiations, commercial exhibitions The Buenos Aires international airport tax amounts to $ This fee is often included in airfare The employee can stay up to 90 days

18 Business visa Latin American Region Argentina U.S. citizens do not need to process a visa in the USA prior to traveling to perform business activities in Argentina, but they must pay an entry fee of $160 online, and bring proof of payment when they enter the country. Argentina instituted the reciprocity fee in 2009, and began requiring pre-arrival payment in This fee is charged in reciprocity for the U.S. visa fee charged to Argentines. Important notes: Allowed activities: visiting customers, negotiations, commercial exhibitions The Buenos Aires international airport tax amounts to $ This fee is often included in airfare The employee can stay up to 90 days

19 Business visa Latin American Region Colombia The NE-1 business visas is designed for workers of foreign companies which are traveling to Colombia to engage in meetings, do consulting work, etc. Work in Colombia is not permitted with this Visa. The employee should receive his salary in the Home country. Important notes: A Valid current Passport with an expiration date of more than 180 days and 2 blank pages is required. You can use a third party to process the Business Visa If you personally attend the visa office for your application you will not need to take photographs, these will be taken on site. The NE-1 is now only allowing persons to stay in Colombia 180 days under the new visa law.

20 Business visa Latin American Region Brazil A business visa is appropriate for temporary visits to engage in business meetings and negotiations, engage in market research for possible business expansion, attend trade fairs and seminars, visit potential customers, media coverage and/or filmmaking, flight/ship crew members without an international crew card, and some additional limited activities. A business visa should not be used for active work in the local labor market which benefits the Brazilian organization. Important notes: Always check consulate instructions Applications must be filed at the consulate with jurisdiction over the place of residence. Procedures and required documents vary slightly from consulate to consulate Processing times vary based on workload and government priorities. Up to 10 years/multiple entry for U.S. citizens (based on reciprocity and consular discretion) Stay in Brazil up to 90 days on one visit. No more than 180 days in a year, counted from the date of first entry.

21 Business visa in the EMEA Region United Kingdom U.S. citizens do not need to process a visa in the USA prior to traveling to perform business activities in the UK. The Immigration Officer will stamp your passport at the port of entry with a visa set to expire six months from the date of entry into the U.K. Important notes: Should the employee have any previous visa refusals, then we recommend applying for an entry clearance before travelling to the UK. The employee must carry an invitation letters (company in the UK inviting him over, his current employer confirming that he remains employed by them overseas), return tickets and preferably confirmation of any accommodation arrangements made in the UK along when travelling to the UK.

22 Business visa in the EMEA Region Schengen area A Schengen visa (or short stay visa) is valid within the whole Schengen area. A U.S. citizen with a valid U.S. passport traveling for business, can enter the Schengen area without a visa for a period 90 days within 180 days period. This visa allows you to visit the 26 Schengen states. Important notes: US citizens can attend business meetings, conferences and client visits, anything that is considered hands-on work, however, is not allowed. If you spend three months in the Schengen area during any six-month period, you must wait another three months before you can apply to enter the Schengen area again without a visa.

23 Business visa in the APAC Region Vietnam US Citizens traveling for Business will need to get Visa approval letter before entering to Vietnam. This letter is a document (approved by the Immigration Office) that allows you to enter and exit Vietnam for a given time period. With the approval letter, you can pick up your visa upon arrival at one of the three international airports in Vietnam (Hanoi, Ho Chi Minh City and Da Nang) Important notes: Copies of the approval letter will be forwarded on the business visitor s behalf to Vietnam Immigration checkpoints at International Airports only. Upon arrival in Viet Nam, the Immigration officers will have the documents ready and will be able to issue the entry visa The Visa will be stamped at the airport on the authorized arrival counter Assignee/dependent will board using the letter of authorization for business visa on arrival Visa Validity 3 months multiple entry Maximum period of stay allowed:6 months

24 Business visa in the APAC Region China In accordance with a 2014 China-U.S. visa arrangement, U.S. citizens may be eligible for 10-year multiple entry visa. China Business M visa is Issued to those who intend to go to China for commercial and trade activities on behalf of a US business. It is usually issued for up to 60 days stay per visit and multiple entry valid up to 10 years for US passport holder. Chinese Consulate may issue you a visa with limited entry, shorter duration and validity at their discretion Important notes: The Chinese embassy and consulates in the US do not accept mail-in applications. Applicants may submit their applications in person, via an entrusted third party or through a travel agent. No appointment is needed for application submission. An interview is not required but may be requested by the consulate or embassy. The remaining validity of the U.S. passport must be over 12 months. Government fees: USD 140 Consulate regular processing time is 4 working days.

25 Business visa in the APAC Region Japan A visa is not necessary for US passport holders visiting Japan for a short-term stay of less than 90 days with the purpose of business. A valid US passport, and a return/thru ticket is needed in order to show that the Business traveler plans to leave within 90 days. Americans entering either visa free or with a tourist visa are not allowed to work in Japan. Important notes: As a general rule, ""visa free"" entry status may not be changed to other visa status without departing and then re-entering Japan with the appropriate visa such as a spouse, work or study visa" Business visitors found working illegally are subject to arrest and deportation.

26 Questions & Answers

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