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Part 1 in an Immigration Compliance series
Recent Developments and Trends
The recent changes in immigration policies in the US, UK, and Australia reflect on the continuing rise of populism as well as ever increasing challenges for global businesses. This is impacting the global mobility and growth strategies of companies across the globe. What this also means is enhanced immigration law enforcement. This is already reflected in the recent reform measures announced in the US (H1B Compliance & Enforcement Measures announced in April 2017) and UK (Immigration Rules changes that took effect April 6, 2017) including surprise checks, visits, and audits.
In the Asia-Pacific region, strict enforcement of immigration laws is already in practice in countries like Australia, where the Department of Immigration and Border Protection (DIPB) conducts frequent audits and surprise checks. This will continue to be in focus given the recent Australian immigration reform measures impacting the 457 program. In Singapore, with the implementation of the Fair Consideration Framework (‘FCF’), some 250 companies have been placed on a watch-list for not doing enough to hire and groom Singaporeans. In general, there is an upward trend of surprise audits (visits by government agencies to crack down on illegal immigrants). Immigrant law violators that are targeted are not only at blue collar jobs but also more and more at white collar jobs. Large multi-national companies have also come under the scanner of government agencies across the APAC region and, increasingly, in emerging markets such as Indonesia and China.
Common Challenges Faced by Companies
The challenges faced by large multi-national companies on immigration compliance are different, in the sense that they tend to arise more on account of lack of expertise in the immigration subject combined with inadequate governance. Rarely do compliance issues arise on account of a conscious violation. In some cases, the immigration processes including business travel governance are not scaled up with the growth in business and travellers. Short term travellers or business travellers increase the vulnerability of companies in violating immigration laws. Most of them engage travel desks with expertise in ticketing but not necessarily in immigration laws, which enhances the risk of non-compliance.
Benefits of Compliance
With the tightening up of the work pass requirements and more protection of local labour, it is essential to manage business travellers effectively and to plan ahead in good time in order to obtain the right work passes when required. There are usually options available so that a robust mobility programme facilitates the movement of talent rather than holding up business. Conversely, lack of mobility support and governance is likely to result in non-compliance with the risk of audits and serious consequences for companies, their employees, and the ability to continue to do business.
In times like these, the key imperative for global businesses is a cross border mobility strategy with maximum compliance. Companies must make sure they progressively move into a proactive compliance mind-set. In the long term, a fully compliant mobility strategy will bring several efficiencies into the processes as well as fuel business growth. Last but not the least, a comprehensive immigration compliance framework supported by robust underlying governance, processes and technology will certainly position companies, in these uncertain times, to move forward from being fragile to agile.
Next in this series: Focus on corporate challenges pertaining to business travellers and possible measures Companies can take for risk mitigation.
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Explore more at Fragomen
Media mentions
Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.
Fragomen news
Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.
Blog post
Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.
Podcast
In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.
Podcast
UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.
Media mentions
Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.
Media mentions
Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.
Video
In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.
Media mentions
Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.
Media mentions
Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.
Fragomen news
Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.
Blog post
Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.
Podcast
In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.
Podcast
UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.
Media mentions
Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.
Media mentions
Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.
Video
In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.
Media mentions
Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.



