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Talent Management Talent Mobility Visas and International Travel

How to Get an IMM 5257 Visitor Visa (Temporary Work Visa) in Canada

Here's what you should know

If you aren’t a Canadian citizen or permanent resident, you are a visitor, which allows you to do a few things. First, you can come to Canada on vacation, to see family, or to conduct some manner of business. Your stay is restricted, and you need to follow some rules. One of them might be that you need a visa, especially if you plan to work in Canada.

These IMM 5257 visas will be significant for you to enjoy your stay in Canada, and they are also a little complicated to get (though, are only some government documents? Thankfully, rather than dealing with the headaches that can arise when you try to get a visa alone, you can instead focus on reading this article and getting all the help you need.

What Temporary Work Visas Can You Get?

There are two different types of work visas that you can apply for. The first is an employer-specific work permit that allows you to work in Canada while you follow the conditions on the license. These conditions include the name of the employer you can work for, how long you can work, and sometimes where you can work.

You will also need a full copy of your employment contract and the offer of employment number or a copy of the labor market impact assessment. This can be useful if a specific employer in Canada already hires you and is entering the country to work a particular job.

An Open Work Permit allows you to work for any employer in Canada during your stay, except for those on the list of blacklisted employees. 

Additionally, you may need a medical exam if you have lived in certain territories or countries for 6 months or more or have applied to come to Canada within one year. Additionally, suppose you plan to work in certain occupations (such as in the field of healthcare, with children, or within agriculture occupations). In that case, you will need a medical exam no matter what.

You will not need a medical exam if you want to work in Canada for six months or less and do not meet the above conditions. Once you have your work visa and all the paperwork from your employer, you can begin the application process.

Using an IMM 5257 PDF Template

Having a template to work off of can be a lifesaver, especially with government documents. You need to work off of an IMM 5257 PDF Template, and one that is correct and fully updated. Then, you can confidently fill in the blanks and submit your information correctly. No worries, no fuss, and you can work in Canada if your other documents are handled correctly.

How To Apply For A Temporary Work Visa

You can apply for a temporary work visa online and must submit various forms. These can include, but are not limited to, IMM 1295—Application for Work Permit Made Outside of Canada, Schedule 1—Application for Temporary Resident Visa, and Family Information Form IMM 5645.

Additionally, you will need a valid passport, two applicable photos of yourself, police record certificates, and bank statements proving you have enough funds to remain in Canada while having enough funds to return home, as well as your resume. You will also need extra documents if you bring your spouse and family members.

Now, all of this can be extremely overwhelming, and if you make a mistake, forget to include a document, or have another problem happen, you will need to start over. That can be a massive problem, especially if you have a job that can’t wait.

Can I Extend My Temporary Work Visa?

If your work permit is still valid, then you can extend it. Whether you have fallen in love with the job, the country, the food, or the people, you can extend your temporary work visa while in Canada as long as you meet the following conditions. 

You must make any changes, alterations, or extensions at least 30 days before the visa expires, and you can’t extend your work permit beyond the expiration date of your passport. However, other than those conditions, extending your temporary work visa is pretty straightforward. Whatever drew you to Canada, you can continue experiencing it until your passport expires.

No matter what you plan to do, you can get a temporary work visa in Canada. Just make sure you get the steps right the first time!

Contact Global Mobility Solutions today for more information on work visas and relocating to Canada.

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Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

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Relocation Policy Review

2024 Trends: Top 5 Relocation Policy Risks

Stay in the know about relocation services

In today’s relocation and talent mobility sector, there is a growing concern about unexpected risks related to relocation policies. These risks cover a range of areas, such as tax implications, cyber security threats, employee well-being, and other essential factors. It is crucial to comprehensively understand these risks and how they could affect your organization’s relocation program.

As organizations navigate the ever-changing landscape of relocation and talent mobility, staying informed about the top risks that could impact your relocation policies is essential. By being aware of potential tax implications, cyber security threats, and employee well-being concerns, you can proactively address these risks and ensure a smooth relocation process for your employees.

One key factor to consider is the impact of tax implications on your relocation policies. Changes in tax laws and regulations can significantly impact the cost of relocating employees and the overall budget for your relocation program. By staying up-to-date on tax laws and seeking guidance from tax experts, you can mitigate the risk of unexpected tax liabilities and ensure compliance with all relevant regulations.

Another substantial risk to consider is cyber security threats. With the increasing reliance on technology for managing relocation programs, organizations are vulnerable to cyber attacks that could compromise sensitive employee data. You can protect your organization and employees from potential data breaches by implementing robust security measures, such as encryption and multi-factor authentication.

Employee well-being is also critical to consider when assessing relocation policy risks. Relocating employees may experience stress, anxiety, and other challenges during relocation, impacting their productivity and overall well-being. By providing support services, such as counseling and relocation assistance, you can help employees navigate relocation challenges and ensure a successful transition to their new location.

In conclusion, understanding and addressing the top risks related to relocation policies is essential for ensuring the success of your organization’s relocation program. By staying informed, implementing security measures, and prioritizing employee well-being, you can mitigate risks and create a positive employee relocation experience.

Top 5 Relocation Policy Risks Your Company is Facing Today

1. “Work from Anywhere” Policy Risks: Possible Looming State Tax Issues

At the start of the pandemic in the US, many companies hastily arranged to allow employees to work from home. While this solution had apparent safety and cost savings benefits, unintended consequences became apparent.

  • Employee Taxes: Many employees living and working across state lines may have additional state tax and reporting obligations.
  • Employer Taxes: Work from Anywhere policies essentially resulted in a corporate relocation, often involving the employee, office equipment, and company records.

While this unforeseen complication is being considered in the courts, companies should examine the impact and implications of this corporate relocation on the employer and the employees. Consideration should be given to the impact on payroll tax withholding and reporting obligations. State tax issues could have ramifications for new hires, transferees, employees suddenly working from home, and employers.

2. Cyber Security Policy Risks: Phishing versus Vishing

Another year, another new cyber threat. With more employees working from home, organizations have faced new security challenges. Vishing is the latest threat, a verbal form of phishing. With vishing, a scammer might masquerade as a computer technician from the company’s IT team and call an employee to inquire about their computer setup. By asking a few critical questions of the unsuspecting employee, the scammer can now suddenly enter the company’s data system.

Understanding the risks that both phishing and vishing present to employees working remotely is important to employers. With some companies now working 100% remotely, employees working remotely should be considered a possible risk for these scams. Robust security policies and training adapted for the new normal should be weighed and implemented.

3. Travel Policy Risks: Guidance, Changes, and Emergencies

The idea that “change is a constant” is easily applied to travel. Travel has become more complicated with new guidance, bans, and updates daily. Frequent changes to travel policies and rules impact companies’ ability to attract talent, relocate employees, and conduct business. The challenges associated with travel are applicable not only internationally but also domestically.

At any point, one state may require something new from travelers arriving from another state. Various borders between countries may be subject to restrictions or closures, generating emergency repatriation requests. Agencies such as the U.S. State Department or the U.S. Centers for Disease Control and Prevention (CDC) might revise previously stated guidelines.

Employers should recognize a duty to provide updated information and guidance for all traveling employees. Correct information and advice will help employees better understand how to travel safely during the pandemic.

4. Immigration Policy Risks: Nearshoring may be an Option

COVID-19 has resulted in border restrictions and closures, which, in turn, impact immigration. However, other efforts in the immigration system further dampen an employer’s ability to hire global talent. One solution is the concept of “nearshoring.”

By leveraging a location in Canada or some other nearby country, a company can hire foreign talent and bring them near to the US. Often, this helps the new hire acclimate to life in North America. Future changes in the immigration system may allow them to enter the US at a later date. Relocation policies should be reviewed, along with consultation with a qualified visa and immigration expert, to account for alternative options such as nearshoring.

5. Health and Safety Compliant Providers: Ensuring Safety Policies are in Place

It should not come as a surprise that, during a global pandemic, companies must ensure enhanced health and safety policies are in place for their employees. All relocation services provided during a move should be analyzed for policy risks to help minimize exposing their employees and families to the dangers of COVID-19.

Top-rated Relocation Management Companies, like Global Mobility Solutions (GMS), regularly work with their supplier networks to ensure the latest guidance from officials (like the CDC) is observed and incorporated into their operations. Appropriate social distancing, regular hand washing, face coverings, and virtual relocation services are vital in protecting our client’s employees and the team members assisting with the relocation.

What Should Companies Do for Relocation Services?

Employers should schedule a relocation policy review with a trusted mobility expert to identify how this article’s top 5 policy risks may affect aspects of their relocation program. By working with an experienced relocation management company, organizations can leverage the mobility provider’s expertise in benchmarking their policies and identifying areas that will reduce the risks of COVID-19 on their relocating employees and their families.

GMS’ team of global relocation experts has helped thousands of organizations understand how to develop relocation policies that provide the best experience for new hires, transferees, and their family members. Our team can help your company understand how to review your relocation policy and address issues relating to the top 5 policy risks outlined above. As a result, your company will be able to remain competitive in its industry. It will also continue to attract the best candidates for job openings.

Contact our experts online to schedule a complimentary relocation policy review, or call us at 800.617.1904 or 480.922.0700 today.

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Categories
Relocation Programs Visas and International Travel

Singapore Passport Now Ranks No. 1

Singapore replaces Japan passport to become the world’s most powerful

In a recent update, the Singapore passport has surpassed Japan’s and is now considered the most powerful passport in the world. Holders of Singapore passports can enjoy visa-free entry to a remarkable 192 countries worldwide.

However, there is a positive development for Indian citizens as they can now travel to 57 countries without needing a visa or obtaining a visa upon arrival. This is because India has climbed five places and is currently ranked 80th in visa-free travel.

Nevertheless, it is still worth noting that Indian passport holders can visit many countries without the hassle of obtaining a visa, with the number now standing at 57. This is due to India’s improved ranking, placing it at the 80th position.

According to the Henley Passport Index report, Japanese passports, previously ranked first for five consecutive years, have now fallen to third place. As a result, the number of countries that Japanese passport holders can enter without a visa has also decreased.

Currently, Japan is tied for third place alongside Austria, Finland, France, Luxembourg, South Korea, and Sweden. Citizens of these countries can now travel to 189 nations without needing a visa.

The report also highlighted that the United States, which held the top spot a decade ago, has now dropped to eighth place. On the other hand, the United Kingdom has risen two spots and now occupies the fourth position.

This shift in the global visa rankings has sparked curiosity and has intrigued travel enthusiasts. Many wonder what factors have contributed to Japan’s rise and the United States’ decline. Japan’s success can be attributed to its strong diplomatic relations and commitment to promoting tourism. The country has made significant efforts to simplify visa procedures and enhance its image as a welcoming destination.

On the other hand, the United States drop in the rankings has raised eyebrows. Some speculate that the stringent immigration policies implemented in recent years may have played a role. The US has become more selective in granting visas, which has decreased its visa-free travel options. Additionally, the political climate and security concerns have also impacted the country’s standing.

Meanwhile, the United Kingdom’s ascent in the rankings has been met with applause. The country’s efforts to strengthen its global ties and improve its visa policies have paid off. The UK has implemented various initiatives to attract tourists and business travelers, such as introducing electronic visas and streamlined application processes.

As the global visa landscape continues to evolve, it is clear that countries must adapt and prioritize their international relationships and policies. The ability to travel freely without the burden of visa restrictions not only benefits individuals but also fosters economic growth and cultural exchange. It remains to be seen how future developments will shape the rankings and influence how we explore the world.

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Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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Employee Development Global Mobility Global Relocation Immigration Rules

Employer Immigration Compliance Must Be Spoken: Guidance for Cross-Border Mergers & Acquisitions

Get Ahead of Problems Faced in Cross-border Mergers and Acquisitions

Merging branches or acquiring new businesses is a complex process. These transactions involve numerous parties and have an abundant number of moving parts. This is the case, even more so, with cross-border mergers and acquisitions (M&A). What happens when the merger or acquisition is obtained in another country? 

Businesses are understandably focused on the economic and financial aspects of the deal, not so much on employer immigration compliances. However, these compliances are important and should not be overlooked. Imagine trying to relocate or transfer employees from one branch to another, only to be held up by visa and immigration issues. The issues that delay employment transitions and the assessment of liabilities are best addressed early in the process to allow your organization enough time to overcome any compliance risks. 

In almost any merger, acquisition, or change of entity, employers will need comprehensive plans to ensure relocating employees are able to validate their immigration status for their new country of employment. Employers who fail to accurately assess their immigration needs risk major business and labor disruptions, or the loss of key employees due to visa and immigration holdbacks. 

An effective M&A agreement will be prepared and determined appropriate based on the following points:

Deal Structure

Is it a stock/share deal?
With a stock purchase, the legal entity being purchased is often maintained and the purchasing company inherits all of its foreign workers. It will be up to the purchasing company to confirm that all these workers’ permits/visas are compliant and if any changes to immigration status will be needed.

Is a new legal entity being created?
As often is the case with a merger, an entirely new entity is created. Under some jurisdictions and work permit types, foreign employees are only authorized to work for the original company that sponsored them. In these situations, a new work permit may need to be applied for, or at the very least, an amendment made to the existing permit.

Change in Staffing

Will the deal affect any employment contract type or status?
In many countries, a foreign worker’s employment authorization is tied to the employment contract they signed with their original employer. If this contract is made void through a merger or acquisition, the status of the work permit could be as well. It is important to check with the local immigration authorities to see if amendments are needed. 

Will the deal cause any employee on a work permit/visa to be promoted or demoted?
Often a foreign employee’s type of work authorization is tied to their seniority/position or their income level. Depending on the jurisdiction and the terms of the work permit/visa there may need to be a change of status filed with the local authorities. 

Will the location of work permit/visa holders change?
In some countries, a foreign worker’s visa/permit may be tied to a particular province/state or even city. If workers are going to relocate to another region because of a merger or acquisition, an amendment may need to be made to their work authorization. 

Will job titles of work permit/visa holders change?
Depending on the country and type of work authorization originally granted, if a merger or acquisition results in the changing of job titles for foreign workers there may need to be an amendment made to their work permit.  

Will job descriptions of work permit/visa holders change?
If a work authorization was originally granted based on a foreign worker’s particular skills and the type of work they perform, it is important to check if new work authorizations will be required if their job description is going to change. 

Will salaries of work permit/visa holders be adjusted?
In some countries, a foreign worker’s visa/work permit type is often tied to their income level. If there are changes, he/she may require a new work permit or have an amendment made to their existing work authorization.

Assess Potential Red Flags

Understand visa/work permit processing time
If changes or amendments are needed to foreign workers’ work permits/visas, it is important to understand what processing times will be applicable. Processing times can vary drastically in different countries, and if not correctly managed a company might find itself in a situation where many of their foreign workers are not able to legally work immediately after the date of a merger or acquisition.

GMS Can Help with Employer Immigration Compliances

Global Mobility Solutions can help businesses with all of their global mobility needs and concerns, including companies who face problems with cross-border mergers and acquisitions. We partner with top visa and immigration companies to assure our clients’ their employees and their families are taken care of. Don’t let employer immigration compliance keep your company from merging or acquiring new branches. Contact us today to discuss your needs with a professional relocation expert.

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Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

Categories
Immigration Rules Visas and International Travel

USCIS to Select H-1B Visa Registrations by Highest Prevailing Wage Level

Effective March 9, 2021, a new rule will change the selection process for H-1B visa registrations. This rule change will result in challenges to employers’ ability to hire foreign talent. The Department of Homeland Security (DHS) final rule allows the United States Citizenship and Immigration Services (USCIS) to select H-1B visa registrations by the highest prevailing wage level. Ultimately, visa registrations will be chosen for processing based on the highest wage an employer offers.

The H-1B Visa Registrations Rule Regarding Prevailing Wage Levels

According to the DHS, the new rule is in place to incentivize employers in a number of areas. Notably, the rule states that prioritizing by wage level for each cap will incentivize employers to:

  1. Offer higher wages to H-1B employees
  2. Petition for positions that require higher skills
  3. Attract foreign talent that have higher skills

The new rule should help USCIS ensure H-1B cap allocations go to the most highly qualified workers.

Also, the new rule provides a strong disincentive for employers to avoid “abuse” of the system to fill positions that:

  1. Pay workers at low rates
  2. Require less skills to perform

What Does This Mean for Employers?

Employers should expect to face continuing uncertainty and confusion regarding H-1B visa registrations. Litigation against this new rule is likely to occur. However, several factors are combining to make the FY 2022 H-1B visa lottery process particularly challenging:

  1. Timing of the new rule
  2. Expected litigation
  3. Higher wage costs relating to the new rule
  4. End of the current administration
  5. Start of the new administration
  6. Continued impacts relating to the COVID-19 pandemic

What Should Employers do About H-1B Visa Registrations?

Employers should plan to submit documentation that meet the new rule’s requirements. Even if the new rule faces litigation, it is uncertain whether that litigation will be finalized in time to materially impact the FY 2022 H-1B visa registrations process.

Employers should work with a qualified and knowledgeable Relocation Management Company (RMC). RMCs will have experience navigating the visa and immigration processes. As a result, RMCs can help employers through the process with successful results.

Conclusion

Global Mobility Solutions’ team of global relocation experts has helped thousands of our clients successfully submit H-1B visa registrations. Our team can help your company understand how to prepare, register, and submit registrations in the FY 2022 H-1B visa lottery for the greatest chance of successful results.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Powered by GMS’ 2020 Mobility Benchmark, the innovative GMS Program/Policy Evaluation (PPE) Tool provides instant relocation policy reviews. It also helps users gain insight into how their company’s relocation program compares to their industry peers.

Contact our experts online to learn more about the H-1B visa registrations rule regarding prevailing wage levels now. Give us a call at 800.617.1904 or 480.922.0700 today.

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

Categories
Global Relocation Global Relocation Tips Global Relocation Trends Immigration Rules Visas and International Travel

Canada Citizenship Path to Expand for Foreign Residents

In an effort to encourage foreign temporary residents to stay, the Canada citizenship path will expand to make it easier for them to become a permanent resident. Currently there are over one million temporary residents in Canada. However, the COVID-19 pandemic has reduced the number of immigrants entering the country.

Canada migration consists of both permanent and temporary residents. Net immigration statistics show the impact of the pandemic:

 2019 (annual)2020 (1st 6 months)
Temporary Residents+190,952-18,221
Permanent Residents+252,000 est.+128,430

Canada is seeking to add immigrants at an aggressive rate, with a goal of adding over 1 million immigrants by the end of 2021. The country’s plan for immigration includes the following:

2019350,000
2020360,000
2021370,000

Canada’s plan includes immigration relating to several factors:

  • Federal economic and provincial/territorial nominees
  • Those eligible for family reunification programs
  • Refugees

Why is Expanding the Canada Citizenship Path Important?

Canada is relying on immigrants to power its economy and counteract the long-term demographic impact of an aging population. Currently, Canada’s population is less than 37 million residents. Of these residents, nearly 20 percent are immigrants. The country is exceptionally welcoming to immigrants, with Prime Minister Trudeau publicly noting “Diversity is our strength #WelcomeToCanada.”

Canada is considered underpopulated, and as a result often has more jobs than workers. Immigration is key to helping the Canadian economy grow. The country’s population rate of growth for 2020 is only 0.89%, the lowest rate for the past several years. Expanding the Canada citizenship path will hopefully increase the population growth rate.

Programs to Draw Immigrants to Canada

The country has instituted many unique programs to draw immigrants. One immigration pilot initiative seeks to attract highly skilled immigrations to smaller cities and towns in the province of Ontario. Another initiative focuses on attracting students and youth of Hong Kong with a new open work permit and a broader Canada citizenship path. Criteria will include one year of work experience in Canada, and a minimum level of language proficiency and education. The new open work permit allows young people in Hong Kong to come to and hopefully stay in Canada while they gain work experience.

Among large industrialized countries, Canada has one of the lowest populations, ranking at #39. By comparison, countries including the US, UK, China, India, Germany, Mexico, France, Italy, and Spain all have much higher populations than Canada. The country’s best hope to keep residents in the face of the continuing pandemic is to expand the Canada citizenship path for its temporary residents.

What Does This Mean?

Canada’s immigration ministry is working to identify a new Canada citizenship path for the country’s temporary workers. It is also looking to expand opportunities to draw immigrants to Canada. The country’s economic growth depends on a steady supply of highly skilled workers. Also, increasing immigration will lessen the impact of an aging population on the country’s social services budgets.

What Should Employers Expect with an Expanding Canada Citizenship Path?

Employers in Canada should expect to see an increase in the number of immigrants seeking to leverage the expanding Canada citizenship path. With nearly twenty percent of the country comprised of immigrants, the atmosphere is welcoming and supportive. Employers should also expect to see a rise in job seekers utilizing the open work permit program.

Employers not currently in Canada should look into the country as a strategic location for future corporate expansion. The services of an International Professional Employer Organization (PEO) may be useful in this respect. International PEOs can help employers enter new markets quickly and determine the prospect for their future success.

What should Employers do as the Canada Citizenship Path Expands?

Work with a Qualified Relocation Management Company

Employers in Canada should review their talent acquisition program to ensure it aligns with a growing number of immigrants in their workforce. They should also work with a qualified Relocation Management Company (RMC). RMCs can help employers review their relocation and visa programs with a goal of encouraging highly skilled immigrants to choose their job opportunities.

Investigate the Services of an International Professional Employer Organization

Employers outside of Canada should consider utilizing the services of an International PEO. By working with an International PEO, companies can increase their international employment in Canada quickly and easily. RMCs can provide expert assistance to employers looking to expand their corporate presence through the services of an International PEO.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients develop relocation programs that attract and retain qualified employees. Our team can help your company determine how to benefit from an expanding Canada citizenship path.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to learn how your company can benefit from an expanding Canada citizenship path, or give us a call at 800.617.1904 or 480.922.0700 today.

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

Categories
Global Relocation Global Relocation Challenges Global Relocation Tips Global Relocation Trends Immigration Rules Visas and International Travel

2020 Inbound Immigration to the United States: Where are the Workers Coming From?

The U.S. Department of Homeland Security (DHS) reports that 2020 inbound immigration for the Fiscal Year (FY) First Quarter saw over 117,000 foreign nationals enter as new arrivals. This number is the same as the FY 2019 First Quarter figure.

Table 1B in the report shows 6,839 new arrivals in the employment-based preferences category. This total is further delineated by several employment-based classes, including:

First: Priority workers 493
Second: Professionals with advanced degrees, exceptional ability 1010
Third: Skilled workers, professionals, and unskilled workers 3537
Fourth: Certain special immigrants 589
Fifth: Employment creation (investors) 1210

The U.S. Department of Labor (DOL) issues labor certifications for both permanent and temporary employment of foreign workers under several programs:

  • Permanent Labor Certification
  • H-1B Specialty (Professional) Workers
  • H-2A Temporary Labor Certification (Seasonal Agricultural)
  • H-2B Temporary Labor Certification (Non-agricultural)
  • D-1 Crewmembers Certification

Foreign workers hired under these programs represent a portion of the new arrivals for employment-based preferences in the 2020 inbound immigration figures reported by DHS.

2020 Inbound Immigration: Countries of Origin

New arrivals in the employment-based preferences are part of the category of “Lawful Permanent Residents.” DHS notes that thirty-seven percent of new lawful permanent residents arrived from six top countries of origin:

  • Mexico
  • People’s Republic of China
  • Vietnam
  • The Dominican Republic
  • India
  • The Philippines

According to the Migration Policy Institute (MPI), immigrants from Vietnam usually arrive to the U.S. through family reunification, not through employment channels. The same holds true for immigrants from the Dominican Republic.

By comparison, MPI notes that Chinese nationals received the second-largest number of H-1B visas in FY 2018, after Indian nationals. For Indian nationals, MPI reports that nearly half of the immigrants from India obtained lawful permanent residence through employer sponsorship.

2020 Inbound Immigration to the U.S. from India: Where are the Employment Centers?

The top 5 states where more than half of the 2020 inbound immigration from India reside are:

  • California
  • New Jersey
  • Texas
  • New York
  • Illinois

The top 4 counties that serve as destinations for 2020 inbound immigration from India are:

  • Santa Clara County, California
  • Middlesex County, New Jersey
  • Cook County, Illinois
  • Alameda County, California

The two counties in California comprise the bulk of Silicon Valley. Cities in Santa Clara County include San Jose, Mountain View, and Palo Alto. Alameda County includes the Bay Area cities and towns across the bay from San Francisco: Berkeley, Oakland, Hayward, Fremont, and Pleasanton.

Middlesex County in New Jersey includes the cities and towns of Edison, Woodbridge Township, New Brunswick, Sayreville, and South Amboy. This county is known for its long history of innovation.

Cook County in Illinois includes the cities and towns of Chicago (a high-tech hub), Evanston, Schaumburg, Des Plaines, Oak Lawn, Orland Park, and Elk Grove Village. Chicago is the third largest city in the nation.

According to MPI, immigrants from India have a much higher educational attainment compared to other immigrants and the U.S. population as a whole. This is due to how they enter the U.S.: either as international students, or as H-1B visa workers at jobs requiring a university degree. For FY 2016, immigrants from India accounted for 74% of the H-1B visa petitions (both initial and continuing employment) approved by the U.S. Citizens and Immigration Services (USCIS).

New National Education Policy in India Focuses on Technology

India’s Union cabinet has proposed significant changes to the country’s national education policy. The goal is to align education to the requirements of today’s workforce and employer needs. The policy recommends that education include teaching coding in school from the sixth standard onward. Ultimately, the policy aims to impart mathematical thinking and an interest in scientific topics in students. This trend has impacted 2020 inbound immigration from India.

The national education policy is being revamped to further align with India’s Sustainable Development Goals (SDGs). The SDGs were adopted by United Nations member countries in 2015 to serve as a call to action to eliminate poverty, protect natural resources, and bring prosperity and peace to all by the year 2030. SDGs aim to transform the world and strengthen universal peace.

What Does 2020 Inbound Immigration Mean for Employers?

Employers should learn about the current immigration trends and how they might impact their future ability to hire foreign nationals. While India has seen much success as the nation works to reach their SDGs, many other nations are also investing in education.

Also, several nations are pursuing significant educational reforms, including:

  • Mexico
  • Pakistan
  • Papua New Guinea
  • Poland
  • Vietnam

This may lead to greater competition from foreign nationals of these nations for immigration to the U.S. and the many opportunities this presents to them and their family members.

Where Can Your Company Get Help to Leverage 2020 Inbound Immigration?

Global Mobility Solutions has a team of global relocation experts who can help your company understand how to leverage immigration trends to benefit your talent acquisition and relocation programs. Our team’s knowledge and access to visa and immigration resources is unparalleled in the industry. We have helped thousands of companies navigate the U.S. visa program and H-1B visa lottery process reach successful results.

Conclusion

Global Mobility Solutions’ team of global relocation experts has helped thousands of our clients understand how to attract and hire the best candidates for job openings. Our team can help your company learn how to leverage visa programs and other creative solutions to hire foreign nationals. As a result, your company will have greater success with corporate objectives and be able to benefit from 2020 inbound immigration.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

New SafeRelo™ COVID-19 Knowledge Portal

GMS recently launched its new SafeRelo™ COVID-19 Knowledge Portal featuring a number of helpful resources including:

  • Curated selection of news and articles specific to managing relocation programs and issues relating to COVID-19
  • Comprehensive guide to national, international, and local online sources for current data
  • Program/Policy Evaluation (PPE) Tool for instant relocation policy reviews

Contact our experts online to learn more about how your company can benefit from the 2020 inbound immigration to the U.S., or give us a call at 800.617.1904 or 480.922.0700 today.

Request your complimentary Visa Program Assessment

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Immigration Rules Visas and International Travel

2020 H-1B Visa Program: Department of Homeland Security Proposing Amendments

The 2020 H-1B Visa Program may receive further amendments. The U.S. Department of Homeland Security (DHS) issued a rule in September for the White House to review. This rule has been published in several agendas from Fall 2017 through Spring 2020. The rule pertains to several aspects of the program, including:

  • Definition of specialty occupation
  • Employer-employee relationship
  • Wages paid to H-1B visa holders

2020 H-1B Visa Program: The Basics

The FY 2021 H-1B visa lottery process opened on March 1, 2020. Many employers with job openings in specialty occupations offer H-1B visa sponsorship to foreign talent. However, there are cap limits in place for these visas. Because employers submit many thousands of petitions every year, they must plan accordingly. As such, the new amendments proposed for the 2020 H-1B visa program may not become effective until the FY 2022 H-1B visa lottery process.

Employer’s Requirements

For foreign talent seeking to enter the United States through the H-1B visa program, there are several requirements for their employer to follow, including:

Note: Foreign nationals may stay in the United States up to three years using their H-1B visa. However, subsequent renewals may not allow them to exceed a total stay of six years (with limited exceptions).

Reason for Amendments to the 2020 H-1B Visa Program

The title of the rule is “Strengthening the H-1B Nonimmigrant Visa Classification Program.” According to the description of the rule, DHS is revising definitions and imposing new requirements to ensure a number of objectives:

  1. Strengthen the program to obtain the “best and brightest” foreign talent
  2. Protect U.S. workers and wages
  3. Ensure employers pay visa holders appropriate wages

What Does This Mean for Employers?

Employers should follow the progress of this rule. Following the White House review, DHS may release the regulation to the public for comments. However, it may also be published as an “interim-final rule.” As a result, this may allow it to be immediately effective without public comment.

Changes to the definition of specialty occupations may have a direct impact on an employer’s talent acquisition programs relating to the 2020 H-1B visa program. Also, any changes relating to the employer-employee relationship or wages paid to H-1B via holders should be thoroughly reviewed to ensure compliance.

Where Can Your Company Get Help With Your 2020 H-1B Visa Program?

Global Mobility Solutions has a team of global relocation experts who can help your company understand how amendments to the 2020 H-1B visa program may impact talent acquisition and relocation programs. Our team’s knowledge and access to visa and immigration resources is unparalleled in the industry. We have helped thousands of companies with the H-1B visa lottery process reach successful results.

Conclusion

Global Mobility Solutions’ team of global relocation experts has helped thousands of our clients prepare for the annual H-1B visa lottery. Our team can help your company understand how to adjust your programs for the proposed amendments to the 2020 H-1B visa program.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to discuss your company’s need relating to the 2020 H-1B visa program, or give us a call at 800.617.1904 or 480.922.0700 today

We're Here to Help! Request a Courtesy Visa Program Consultation

Properly managing a visa and immigration program involves meticulous coordination, precise communication, and worldwide interaction with government agencies, corporate personnel, and relocating employees.

At GMS, we provide you with peace of mind in knowing your mobility program is fully compliant and being managed by the best in the industry.

Request a no-pressure, courtesy consultation from a GMS Mobility Pro. We’ll be in touch within 1 business day.

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Corporate Relocation Global Mobility Global Relocation Global Relocation Challenges Global Relocation Trends Relocation Challenges Relocation Management Visas and International Travel

Germany Implements ICT Directive

Will you or your transferees be affected?

What has changed?

Effective immediately, Germany Implements ICT Directive – the German parliament has implemented an ICT Directive which intends to regulate the conditions for entry and residence of thirty-country nationals within the intra-company transfer (ICT) process.

Who is affected?

  • Employees working at the same group of companies for at least six (6) months being sent to Germany on an intra-company transfer
  • Employees working at the same group of companies for less than six (6) months intending to be sent to Germany on an intra-company transfer
  • Clients transferring employees to the same group of companies from another EU country to Germany

What to expect

The ICT Directive provides two different categories: firstly, third-country nationals who want to enter Germany directly from their home country (third-country); secondly, third-country nationals who already hold an ICT residence permit in another European Union (EU) Member State and are transferred to Germany for short or long-term transfer within the same group of companies.

The law divides it as follows:

1) ICT card for intra-company transferred workers (third-country nationals) must fulfill the following requirements:

  • Transfer must take place within the same company group
  • The employee must be either a leader (e.g. manager with leading function) or a specialist
  • Employee must have been with the company for at least six (6) months
  • The transfer must be for more than ninety (90) days, but cannot exceed three (3) years
  • An approval from the Federal Employment Agency must be obtained in advance
  • For the duration of the transfer, the assignee must have a valid assignment contract with his/her home employer and return to the home entity after the transfer
  • The remuneration (salary and monetary benefits) and working conditions (working time, leave, wage advancement in case of illness, etc.) must be comparable with a local employee

2a) Short-term mobility for intra-company workers (third-country nationals) must fulfill the following requirements:

  • Application in Germany up to ninety (90) days within 180 days
  • The assignee has a valid residence permit issued by another EU Member State pursuant to the ICT Directive
  • Proof that the domestic branch office belongs to the same company/group
  • Must have a valid passport
  • Confirmation on the entitlement to enter and residence for the purpose of intra-company transfer issued by the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge BAMF)

2b) Mobile ICT Card must fulfill the following requirements:

  • Transfer must take place within the same company/company group
  • The assignee must either be a leader (e.g. manager with a leading function) or a specialist
  • The assignee has a valid residence permit issued by another EU Member State according to the ICT Directive
  • The transfer is for more than ninety (90) days
  • An approval from the Federal Employment Agency must be obtained in advance
  • For the duration of the transfer, the assignee must have a valid assignment contract with his/her home employer and return to the home entity after the transfer
  • The remuneration (salary and monetary benefits) and working conditions (working time, leave, wage advancement in case of illness, etc.) must be comparable with a local employee

If the application was submitted at least twenty (20) days before the start date of the assignment and the assignment has already been submitted to the authorities of the other EU Member State on the first application, the stay and assignment in Germany will be allowed for a period of up to ninety (90) days before the decision was made by the German authorities.

Please note there will be a period of transition as Germany Implements ICT Directive and the authorities will need some time to get use to the new process. We anticipate having more details on the practical implementation and application procedures to share with you in the near future.

 

Modern Mobility Made Easy™

Planning ahead

To learn more about Germany Implements ICT Directive or any other issues that affect you or your mobile employees, be sure to speak with one of the Global Consultants at Global Mobility Solutions. From pre-decision to visa and immigration to language and cultural training, GMS has the award-winning programs and innovative technology to make relocating your employees and tracking their expenses simple and worry-free.

Request your complimentary Visa Program Assessment

Provided by Global Mobility Solutions network partner Emigra World News

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