Four Rules for Managers in Hosting Foreign National Employees into the U.S.

A big part of my role as International Assignment Manager is training.  Training managers working on global teams in the in's and out's of immigration compliance.  A incorrect approach can put the whole company's ability to sponsor visas in jeopardy.

If in doubt, always get advice from your legal department or your immigration law department.  I am not a lawyer, but have counseled enough managers to know some basic rules of thumb.

For U.S. Managers 
A few questions will start to get to the bottom of whether a work or visitor visa is required and none of them have to do with assignment duration:

1. Will the employee report to a U.S. supervisor during their stay?
2. While in the U.S., will they deliver a tangible 'work product' that could have otherwise been done by a U.S. employee?
3. Is there a posted U.S. job description that they are filling?
4. Will they lead and/or supervise U.S. employees while in the U.S.?

Even if the employee will only be in the U.S. for a short time, any 'yes' answers will mean to involve legal experts.  If it is determined that a work visa will be required but there is no time, then the employee must limit their activities.  They may:

• Engage in knowledge transfer with the host department.
• Attend business meetings (not lead them).

I find that, in many cases, the same basic rules apply for determining 'work' versus 'visit' will apply.  However, I always advise that (whenever possible) the overseas host and their local counsel - as they are accountable for maintaining compliance there - always take the lead in making this determination.

For H.R. Practitioners
For human resources professionals responsible for managing global mobility, it is important to be seen as a partner and adviser to managers - not the police or someone who is an obstacle to getting people where they need to go.

My goal is always to get in with your training to key global stakeholders early.  Start by hosting training sessions (with the support of counsel) departments with global interactions as a priority.

Many will assume that because sourcing visas at a previous company was either not enforced or took too long that it would be better to float under the radar.

Keep it Simple Supervisors

Any company working internationally should have, depending on it's size, someone internal that takes accountability for ensuring that the policies are well articulated and that managers are trained to apply these rules of thumb.

In the next post, we'll look at what foreign-national employees should know about their own status in the U.S.  Spoiler alert:  Everything.


“It’s what you learn after you know it all that counts.” ~ Harry S Truman