International Employee Transfers

What are international employee transfers?

International employee transfers refer to the movement of employees between different branches or divisions of a company in various countries. In the context of business-focused immigration law in Florida, these transfers often involve relocating executives, managers, or specialized knowledge employees from a company’s foreign operations to its United States affiliate or subsidiary.

An example of such a transfer under Florida and federal law would be a multinational company transferring an executive from its European division to its Florida-based office using the L-1 Intracompany Transferee Visa.

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In Florida, which laws and regulations apply to international employee transfers?

International employee transfers in Florida are subject to various federal laws and regulations. Primary among them is the Immigration and Nationality Act (INA) and the rules enforced by the U.S. Citizenship and Immigration Services (USCIS). In addition, specific visa categories, such as the L-1 Intracompany Transferee Visa and the H-1B Specialty Occupations Visa, are subject to their respective eligibility criteria and application procedures. Employers must also comply with federal labor laws, such as the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), to ensure that transferred employees receive fair wages and benefits.

What are the strategic benefits of international employee transfers?

Effective navigation of immigration law enables the following for businesses:

• Risk mitigation: Performing due diligence allows companies to identify potential legal and compliance risks related to international employee transfers. Adequate due diligence includes ensuring compliance with U.S. immigration laws, Florida statutes, and destination country regulations.
• Talent retention: By ensuring that international employee transfers execute smoothly and legally, companies can foster a positive work environment and retain valuable employees.
• Financial savings: Proper due diligence can help companies avoid costly penalties, fines, and litigation fees associated with non-compliance or breaches of applicable laws.
• Streamlined processes: Thorough due diligence helps organizations create standardized procedures for international employee transfers, increasing efficiency and productivity.
• Reputation management: Compliance with legal requirements can enhance a company’s reputation, demonstrating a commitment to ethical business practices and adherence to the law.
• Competitive advantage: Companies that effectively manage international employee transfers may gain a competitive edge by attracting and retaining top talent worldwide.

When a set of facts is appropriate for legal intervention, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized advocacy, please contact our office to set up your initial consultation.

What steps should counsel take to effectively international employee transfers?

Advocates should consider the following:

• Understand immigration laws and regulations: Legal counsel must be knowledgeable about U.S. immigration laws, Florida statutes, and the laws of the destination country. This understanding is crucial for identifying potential compliance issues and providing accurate advice.
• Review employee documentation: Counsel should carefully review employee documentation, including passports, visas, work permits, and employment contracts. This process helps ensure that all required documents are accurate, up-to-date, and compliant with applicable laws.
• Examine corporate policies: Counsel should evaluate corporate policies related to international employee transfers, including compensation packages, tax implications, and employee benefits. They should also ensure the guidelines align with U.S. and destination country laws.
• Assess potential liabilities: Legal counsel should identify potential liabilities associated with international employee transfers, such as tax obligations, employment law violations, and immigration compliance issues. This assessment helps organizations address these issues before they escalate into costly problems.
• Consult with local counsel: When dealing with international employee transfers, it is crucial to collaborate with local counsel in the destination country. Local counsel can provide valuable insights into the nuances of local laws and regulations, ensuring that the transfer complies with all requirements.
• Develop a comprehensive plan: After completing the due diligence process, counsel should develop a comprehensive plan outlining the steps necessary to execute the international employee transfer. This plan should address potential risks, compliance requirements, and any corporate policies or procedures modifications.

Please contact our office to set up your initial consultation to see what forms of immigration law advocacy may be available for your unique situation.

Frequently Asked Questions

1. What are the requirements for obtaining an L-1 visa for an international employee transfer?

The L-1 visa is available for executives, managers, or employees with specialized knowledge transferring from a foreign company to a U.S. affiliate, subsidiary, or branch office. The employee must have worked for the foreign company for at least one continuous year within the three years preceding the transfer. Additionally, the U.S. and foreign entities must have a qualifying relationship, such as a parent, subsidiary, or affiliate relationship.

2. Can employees bring their families when transferring to Florida on an L-1 visa?

Yes, L-1 visa holders may bring their spouse and unmarried children under 21 to the United States using the L-2 dependent visa. In addition, spouses with an L-2 visa are eligible to apply for work authorization, while children may attend school without obtaining a separate student visa.

3. What is the duration of an L-1 visa for international employee transfers?

The initial period of stay for an L-1 visa varies depending on the employee’s role and the company’s circumstances. L-1A visas for executives and managers are initially valid for three years, with the option to extend in two-year increments up to a maximum of seven years. L-1B visas for specialized knowledge employees have an initial validity of three years and can be extended for a maximum total stay of five years.

Have more questions about how immigration law may impact your business?

Crucially, this overview of international employee transfers does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.