Aligning Corporate Governance Charter Provisions with Executive Work Permit Filings
Harmonizing corporate charter provisions with executive work permit filings prevents bank account freezes, unratified signing liability, and visa delays.
Immigration Compliance
Meaning
Adherence to the laws and regulations governing the employment and residency of foreign nationals within a specific territory maintains the legal standing of an international employer. Maintaining immigration compliance involves verifying the work authorization of every employee and keeping accurate records of their visa status. This practice protects the company from large fines and the loss of its ability to hire international talent.
It applies to every stage of the employment lifecycle from recruitment to termination.
Verification System
Employers must implement a systematic check of identity and work eligibility documents for all new hires. Through consistent immigration compliance, a firm avoids the employment of individuals who do not possess the legal right to work in the country. This involves using government databases to confirm the validity of passports and permits.
Regulatory Risk
The consequences of neglecting these duties include monetary penalties and potential criminal charges for company officers. If a pattern of negligence is found, immigration compliance failures can lead to the revocation of a company’s sponsor license, effectively halting its international recruitment efforts. This risk is high in sectors that rely on global specialized labor.
Internal Audit
Regular reviews of employee files ensure that no visas have expired and that all workers are performing the roles specified in their permit applications. During a merger or acquisition, the buyer will perform due diligence on immigration compliance to ensure there are no hidden liabilities. A clean record facilitates a smooth transition and protects the value of the deal.