Mobility – October 2019 - 56

I

n many industries, situations often arise in which employers or their foreign clients need to assign employees
at the last minute but are required to comply with the destination's immigration regulations. These regulations
can be unrelenting, as they relate to eligibility for work authorization based on the prospective assignee's
qualifications, document requirements, and the estimated consular processing times. We'll identify strategies
for employers in these precarious situations and the options available to the company or the client.
The best strategies for sending assignees on short notice, in terms of the quickest and least burdensome petitioning processes, are available in India, China, Mexico, South Africa, and Turkey. All five destinations have
options that permit an assignee to work on an authorized basis without the employer having to endure the
onerous labor market testing process. The longest average processing time in our survey is 10 business days.

INDIA

Top Industries: Tobacco, aerospace, petroleum, mining
Short-Term Option: eBusiness Visa (limited activities) or Employment Visa (E) (installation/repairs)
Estimated Consular Processing Time (U.S.): 24-36
hours (Online Business Visa); 7-10 business days
(Employment Visa)
India has progressed significantly over the last
five years in its immigration policies. Not only
have the authorities streamlined the application
process (when utilizing the consular processing
route for work authorization), but they have also
implemented an online electronic business visa
that, on its own, permits several activities without
an employer having to file a consular petition. The
electronic business visa is typically a multipleentry visa issued for a stay of up to 180 days in a
12-month period and within 24-36 hours of online
submission. It is ideal for short-term emergency
business trips (to include contract negotiations
and short-term meetings, and to receive training-providing training to local staff is consistently
disallowed by immigration officers, although the
regulations have not been explicitly clear on this).
Other activities contemplated by the electronic
business visa are:
* Conduct sales/purchases or trade.
* Attend technical/business meetings.
* Set up industrial/business ventures.
* Conduct tours.
* Deliver lecture(s) under Global Initiative for
Academic Networks (GIAN).
* Recruit manpower.
* Participate in exhibitions or business/trade fairs.
* Send an expert/specialist in connection with an
ongoing project.
If the required activities are inconsistent with those
listed above, the next-best option is to apply for an

56 Mobility | October 2019

India, China, Mexico, South
Africa, and Turkey have options
that permit an assignee to work
on an authorized basis without
the employer having to endure
the onerous labor market
testing process.
employment visa at the consulate. These applications
are filed at the Indian Consulate or Embassy with
jurisdiction over the applicant's place of residence
and are processed in seven to 10 business days.
Several documents from both the employee and the
sending and host entities are required for submission, but they are limited in nature with respect to
any requirements for legalization and/or apostille. If
any of the documents submitted are not in English,
then certified translations will be required. There
are Indian Consulates in San Francisco, Chicago,
Houston, and New York, and an embassy in
Washington, D.C. With employment visas, the good
news is that, like many other processes described in
this article, there is no lengthy in-country petitioning
process in order to obtain approval. Further, it should
be noted that installation work, maintenance and
repairs, and the provision of training to local staff can
be conducted on these types of visas without fear of
noncompliance. Other activities, including auditing,
also require an employment visa.



Mobility – October 2019

Table of Contents for the Digital Edition of Mobility – October 2019

Mobility – October 2019 - Cover1
Mobility – October 2019 - Cover2
Mobility – October 2019 - 1
Mobility – October 2019 - 2
Mobility – October 2019 - 3
Mobility – October 2019 - 4
Mobility – October 2019 - 5
Mobility – October 2019 - 6
Mobility – October 2019 - 7
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Mobility – October 2019 - Cover3
Mobility – October 2019 - Cover4
https://www.nxtbook.com/ygsreprints/WERC/mobility-june-2021
https://www.nxtbook.com/ygsreprints/WERC/mobility-may-2021
https://www.nxtbook.com/ygsreprints/WERC/mobility-april-2021
https://www.nxtbook.com/ygsreprints/WERC/mobility-march-2021
https://www.nxtbook.com/ygsreprints/WERC/mobility-february-2021
https://www.nxtbook.com/ygsreprints/WERC/mobility_122020
https://www.nxtbook.com/ygsreprints/WERC/mobility_112020
https://www.nxtbook.com/ygsreprints/WERC/mobility_102020
https://www.nxtbook.com/ygsreprints/WERC/mobility_092020
https://www.nxtbook.com/ygsreprints/WERC/mobility_082020
https://www.nxtbook.com/ygsreprints/WERC/mobility_072020
https://www.nxtbook.com/ygsreprints/WERC/mobility_062020
https://www.nxtbook.com/ygsreprints/WERC/mobility_052020
https://www.nxtbook.com/ygsreprints/WERC/mobility_042020
https://www.nxtbook.com/ygsreprints/WERC/mobility_032020
https://www.nxtbook.com/ygsreprints/WERC/mobility_022020
https://www.nxtbook.com/ygsreprints/WERC/mobility_012020
https://www.nxtbook.com/ygsreprints/WERC/mobility_122019
https://www.nxtbook.com/ygsreprints/WERC/mobility_112019
https://www.nxtbook.com/ygsreprints/WERC/mobility_102019
https://www.nxtbook.com/ygsreprints/WERC/mobility_092019
https://www.nxtbook.com/ygsreprints/WERC/mobility_082019
https://www.nxtbook.com/ygsreprints/WERC/mobility_072019
https://www.nxtbook.com/ygsreprints/WERC/mobility_062019
https://www.nxtbook.com/ygsreprints/WERC/mobility_052019
https://www.nxtbook.com/ygsreprints/WERC/mobility_042019
https://www.nxtbook.com/ygsreprints/WERC/mobility_032019
https://www.nxtbook.com/ygsreprints/WERC/mobility_022019
https://www.nxtbook.com/ygsreprints/WERC/mobility_012019
https://www.nxtbookmedia.com