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Employers & Immigration Law: How An Employee’s Immigration Status Can Affect A Company?

In the race to be the best, companies go to great extent to ensure maximum productivity. To make this happen, the workforce plays a significant role. However updated the technology might be or good the raw materials are, they insufficient as long as the employees are efficient enough. For this, companies are readily hiring people from any corner of the world as long as they assure high work productivity. To lure such candidates to move to another country, companies offer impressive pay scale and appealing perks. Some companies also offer to do the immigration paperwork. Although employee’s immigration might seem like a cakewalk, it is actually quite a tedious task.

Why are companies responsible for employee’s immigration status?

The company’s responsibility towards the employee’s immigration process does not end by providing an offer letter. The immigration criteria differ from country to country. Therefore, when an organization decides to hire a foreigner, s/he has to look into the compatibility of the immigration office.

It is best to consult an immigration agent beforehand. The HR of the particular company must go through the various clauses of the immigration policy. It is necessary for the company to be aware of the immigration policies in order to draft a proper contract. The immigration clause on the contract can be altered according to the kind of employee you hire.

What if your employee’s visa expires?

Such cases take place with a permanent employee. If the company wishes to retain an employee for long, then visa issues can be a menace to the organization. Usually, the organization requests for the visa approval, well in advance. Visa expiration issues can cause major stress to the employee and the organization as well.

The organization must come up with a solution before they let go of a resourceful employee. Losing out on a good employee can be a major loss. The company has to invest a lot of time in hiring an individual. Adding to this, more efforts are required to bring in an employee from another country. The company might have also invested money for the same. Also, training a new employee all over again is such a tedious task. When an employee has to suddenly move out, he also leaves a number of tasks midway. Therefore a ruckus can happen in the case of such a situation.

Even though the immigration process is a personal task, it is the responsibility of the organization if the person is visiting that country for official purposes. This is why to be on the safer side and to avoid any kind of confusion in the future, make things extremely clear in the contract of the employee itself. In case of a sudden annulment of the visa, it is wiser to claim that the company will take no responsibility for it. Instead, the employee will have to pay a hefty fine for the same. This will promote them to be careful throughout their stay which will be beneficial for the country as well.

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Diana Coker
Diana Coker is a staff writer at The HR Digest, based in New York. She also reports for brands like Technowize. Diana covers HR news, corporate culture, employee benefits, compensation, and leadership. She loves writing HR success stories of individuals who inspire the world. She’s keen on political science and entertains her readers by covering usual workplace tactics.

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