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Consider various visa regulations for hiring Temporary Worke

There are many visa categories, some of which permit work on a temporary basis for non-U.S. citizens. An effective human resource director knows which visas are most helpful in which situations and how readily available the visas are from various countries. Most multinational firms will have a relationship with a law firm that manages the intricacies of the visa process, but HR is usually involved and an HR manager should have a general sense of what options are available for the hire of temporary workers.

Consider how various visa regulations apply in the different scenarios below. Read and respond to the questions in all three scenarios.

Scenario 1

A small museum in the U.S. has just acquired a thirteenth century painting from the Song Dynasty by a famous artist, Liang Kai. You may be interested in reading about him. He was known informally as Madman Liang. Your challenge is to get someone to restore the work to its original splendor. Research has located five people skilled enough to do this work properly. They all live in China and have families. What visa would be appropriate to hire one of these experts? The restoration project may take one to three years. Indicate what, if any, additional information you would need to choose the best option. Write a brief paragraph answering the questions for this scenario.

Scenario 2

Your company has offices in the U.S., France, and India. Recently a business decision was made to expand marketing to Indian-Americans and French-Americans. The marketing department wants to bring two senior people from your affiliate offices in France and India to the U. S. to help develop and implement this new effort. Select the one or more visa options for these temporary assignments and indicate what additional information you would need to choose the best option. Write a brief paragraph answering the questions for this scenario.

Scenario 3

It is clear that your company wants to expand its Latin American operations over the next ten years. They have adopted a long-term strategy of recruiting MBA students in the U.S. who are citizens of the Latin American countries where the company has a presence. The goal is to hire 100 students over the next two summers to work at your head office in a management training capacity. When the students graduate, they will be sent home to assume first level management roles in your affiliate offices. How would you need to structure the employment relationship with the students in order to comply with the student visa regulations? Write a brief paragraph answering the questions for this scenario.

Given what you know about the shortage of labor and skilled talent, consider how the laws and regulations limit or encourage cross-border employment? What recommendations would you make to change, eliminate, or retain the current regulations? Summarize your recommendations in two paragraphs.

Temporary worker VISAS
http://travel.state.gov/visa/temp/types/types_1271.html

International Student Guide to the USA
http://www.internationalstudentguidetotheusa.com/

Solution Preview

Scenario 1

A small museum in the U.S. has just acquired a thirteenth century painting from the Song Dynasty by a famous artist, Liang Kai. You may be interested in reading about him. He was known informally as Madman Liang. Your challenge is to get someone to restore the work to its original splendor. Research has located five people skilled enough to do this work properly. They all live in China and have families. What visa would be appropriate to hire one of these experts? The restoration project may take one to three years. Indicate what, if any, additional information you would need to choose the best option. Write a brief paragraph answering the questions for this scenario.

In order to successfully determine the best candidate from China to hire and bring to the U.S. to complete the restoration would require the HR manager to interview each candidate and use the normal assessment criteria to evaluate the candidate that best fits with the culture and expectations of the job in the U.S. Once a candidate has been identified, the next phase in the process would be to determine the conditions of employment that must be met. It will be necessary to determine if the candidate is intending to travel to the U.S. without his / her family and travel back and forth periodically or, do they intend to do a full relocation with their family to the U.S. If they intend to do a full relocation, the HR manager will need to determine if they intend to remain in the U.S. or if they intend to return to China upon completion ...

Solution Summary

There are many visa categories, some of which permit work on a temporary basis for non-U.S. citizens. An effective human resource director knows which visas are most helpful in which situations and how readily available the visas are from various countries. Most multinational firms will have a relationship with a law firm that manages the intricacies of the visa process, but HR is usually involved and an HR manager should have a general sense of what options are available for the hire of temporary workers.

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