BUY AMERICAN, AMERICAN · Ben Willis DEPARTMENTS PG 6 CALENDAR OF EVENTS PG 10 TIPS & TRENDS Making the Most of Multilingual Conference Calls By Micah Bellieu ... Hewlett Packard

July 2019

GOVERNMENT AFFAIRS: NEW EUROPEAN TRAVEL REGS / MARKET SUMMARY: LOS ANGELES / DESTINATION PROFILE: PORTUGAL

VACCINATION REQUIREMENTSAND IMMIGRATION

POSTED WORKERSHOW DO YOU KNOW IF YOU HAVE ONE?

WHO’S AFRAID OF

ARTIFICIAL INTELLIGENCE?

Magazine of Worldwide ERC®

BUYAMERICAN,

HIRE

AMERICANHow the Executive Order

Affects Mobility

AMERICAN,AMERICAN

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Contents

PG 38 HOW DO I KNOW WHEN I HAVE A POSTED WORKER? By Kent O’Neil and Jason Rogers To know when the compliance requirements apply, it is necessary to understand some definitions.

PG 44 VACCINATION AND MOBILITY By Su Vien Tan, GMS New vaccination requirements, coupled with vaccination hesitancy in some quarters, constitute an education challenge for mobility.

PG 48 MOBILITY MATTERS By Jon Ferguson The ins and outs of being an accompanying partner on assignment.

PG 50 MAKING THE COMMITMENT By M. Diane McCormick Who’s afraid of artificial intelligence? Fewer and fewer in mobility!

PG 56 DESTINATION PROFILE: PORTUGAL By M. Diane McCormick A diversified economy in a land of idyllic beauty.

PG 32 BUY AMERICAN, HIRE AMERICAN By Carmita Alonso and Nancy H. Morowitz The seemingly simple directives of the U.S. executive order have resulted in a welter of new regulations and policies that have made it even harder for U.S. employers to access foreign talent.

FEATURES

COVER STORY

2 Mobility | July 2019

EXCELLENCE

Top Tier Knowledge & Expertise

Client-focused Approach To Service

Attorney Access

Tech-led SolutionsA Commitment to

Diversity

Let us help your organization reach its global potential.

Today’s unpredictable immigration climate requires flexibility, experience, and a commitment to putting you first. Whereveryour business takes you – in the U.S. or around the world – your Foster team reaches to deliver full immigration support.

Visit us at fosterglobal.com to learn more.

Contents

Worldwide ERC® Karen Cygal

Vice President, Product Development

Chris Wilson, SGMS-T Vice President, Research & Education

Kristin White Senior Manager, Content

EDITORIAL/DESIGN/MEDIA SALESThe YGS Group

Amy Norcross, Managing EditorSteve Kennedy, Senior Editor

Beth Hughes, Copy EditorCharity Fox, Account Manager

Melissa Wiedemann, Photo Editor

Serena L. Spiezio, Creative Director Megan Meckley Hacker, Art Director

Jack Davidson, EVPZack Buchanan, National Sales Manager

[email protected] +1 717 430 2291

Heather Macaluso, Account [email protected]

+1 717 430 2224

PRINTINGThe YGS Group

York, PA

ABOUT WORLDWIDE ERC®

Worldwide ERC® is the workforce mobility association for professionals who oversee, manage, or support U.S.

domestic and international employee transfers. The organization was founded in 1964 to help members

overcome the challenges of workforce mobility.

OUR PURPOSEWe empower mobile people through meaningful connections,

unbiased information, inspired ideas, and solutions.

COLUMNS PG 8 PERCEPTIONS

Transferring Leadership

PG 24 GOVERNMENT AFFAIRS Travel to Europe Will Soon Require Registration

PG 26 MARKET SUMMARY: LOS ANGELES COUNTY By Lynn Kennedy, CRP

PG 28 PATHWAYS: HOW I FELL INTO MOBILITY Ben Willis

DEPARTMENTSPG 6 CALENDAR OF EVENTS

PG 10 TIPS & TRENDS Making the Most of Multilingual Conference Calls By Micah Bellieu

PG 13 AROUND THE WORLDWIDE ERC® In Case You Missed It (ICYMI) Worldwide ERC® Front Page Executive Spotlight Collective Wisdom YP40

PG 30 THE NUMBERS AIRINC’s 2019 Mobility Outlook Survey

PG 67 ADVERTISERS’ INDEX

PG 68 INDUSTRY INSIGHTS Administering Leave for H-1B Visa Employees By Bob Greene

worldwideerc.org | Mobility 5

Calendar of Events EXECUTIVE COMMITTEEChairman of the Board

Sue Carey, SCRP, SGMS-TBaird & Warner, Chicago, Illinois, USA

Chair-ElectEdward Hannibal, GMS

Deloitte Tax LLP, Chicago, Illinois, USA

Vice Chair – FinanceRobert Brezosky

The Walt Disney Company, Burbank, California, USA

Vice Chair – Talent CommunityAndrew P. Walker, GMS-T

EY, New York, New York, USA

President and Chief Executive OfficerPeggy Smith, SCRP, SGMS-T

Worldwide ERC®, Arlington, Virginia, USA

BOARD OF DIRECTORSMerritt Q. Anderson

San Francisco, California, USA

Erik EcclesUrbandoor, San Francisco, California, USA

Kerwin GuillermoHewlett Packard Enterprise, Singapore

Heather HenryNetflix Inc., Los Gatos, California, USA

Gustavo Higuera, CRP, GMS-TWeichert Workforce Mobility Inc., Miami, Florida, USA

Sigrid NauwelaertsJohnson & Johnson, Beerse, Belgium

Shelby WolpaInVision, Austin, Texas, USA

EX-OFFICIO DIRECTORSChairman, Foundation for Workforce Mobility

Robert L. Giese, SCRP, GMSSterling Lexicon, Jacksonville, Florida, USA

PAST CHAIRMANRobert J. Horsley

Fragomen Worldwide, Santa Clara, California, USA

Mobility (ISSN 0195-8194) is published monthly by Worldwide ERC®, 4401 Wilson Boulevard, Suite 510,

Arlington, VA 22203-4195, +1 703 842 3400. Mobility examines key issues affecting the global mobility workforce

for the benefit of employers and firms or individuals providing specific services to relocated employees and

their families. The opinions expressed in Mobility are those of the authors and do not necessarily reflect the opinions

of Worldwide ERC®. Mobility is printed in the United States of America. Periodical postage paid at Arlington, VA, and

additional mailing offices. Worldwide ERC® members receive one annual subscription with their membership dues. Subscriptions are available to both members and nonmembers at $48 each per year. Copyright ©2019 by

Worldwide ERC®. All rights reserved. Neither all nor part of the contents published herein may be reproduced in any form without written permission from Worldwide ERC®.

POSTMASTER: Send address changes to Mobility, Worldwide ERC®, 4401 Wilson Boulevard,

Suite 510, Arlington, VA 22203-4195.

MOBILITYVol. 40 No. 7 • July 2019

READ ALL ABOUT IT!About what? That’s our question for you! Send your suggestions for topics you’d like to read about in Mobility to [email protected].

SEPTEMBER 2019Tokyo Summit 20195 September Tokyo worldwideerc.org/events-conferences

OCTOBER 2019Global Workforce Symposium 201916–18 October Boston worldwideerc.org/events-conferences

Mexico City Summit 201923 October Mexico City worldwideerc.org/events-conferences

NOVEMBER 2019São Paulo Summit 201926 November São Paulo worldwideerc.org/events-conferences

MAY 2020Americas Mobility Conference 202012–15 May Houston worldwideerc.org/events-conferences

OCTOBER 2020Global Workforce Symposium 202028–30 October Washington, D.C. worldwideerc.org/events-conferences

MAY 2021Americas Mobility Conference 202124–26 May San Francisco worldwideerc.org/events-conferences


2019 U.S. NEWS – BEST LAWYERS®

“LAW FIRM OF THE YEAR” IN IMMIGRATION LAW IN AMERICA

BALGLOBAL.COMBerry Appleman & Leiden LLP2400 N. Glenville Drive,Building ARichardson, TX 75082

Copyright © 2019 Berry Appleman & Leiden LLP

PERCEPTIONS

I ’m intrigued with the way leadership is modeled and passed along—so much so that I often ask questions of my peers such as, “What do you think makes a good leader?” and “Tell me about some leaders who influenced you,” and “What do you teach next-gen employees?”

I’ve gotten some great answers, and though I can’t list them all here, in gen-eral, good leaders in our industry share these characteristics:

They know it’s about the team: Leaders are important, but they don’t carry an enterprise on their own. A company’s true value is in the magical combination of leaders and team members who work together—a blend of experiences, curiosity, creativity, and per-spectives that move a company forward.

They check a lot of boxes: Great leaders have integrity, confidence, candor, humility, good instincts, courage, and humor. They’re transparent, engender trust, give others space to make decisions, and use missteps as teaching opportunities, not punishment. They make everyone feel important—from clients to colleagues—and they give their team members opportunities to learn the leadership ropes.

They’re unique: Leaders often tell me they’ve learned from watching other leaders, usually in their own companies. And they’re quick to note that it’s important to watch and learn, but develop your own authentic style, and remember that you’re leading by example as much as managing others directly.

They’re all about diversity and inclusion: The best leaders are aware that diverse teams have higher success rates. They surround themselves with a team that brings together diverse people, viewpoints, and temperaments, and the range of capabilities the company needs.

They stay relevant: Effective leaders create environments in which everyone holds each other accountable, and they always stay connected to the customer, because they’ll always tell you what they need and want.

The best thing about leadership? Everyone can learn and lead, especially in an industry such as ours, in which team members often make decisions in the moment that solve a challenge to an assignment or transfer. We’re developing a new generation of mobility champions, and it’s up to us to transfer leadership that lifts the industry and readies it for the future of work.

Transferring Leadership

PEGGY SMITH, SCRP, SGMS-T President and Chief Executive Officer Worldwide ERC®

Cheers,Hear directly from many industry leaders in Peggy’s “Leadership Unplugged” video series. Recent installments have been added from Atlanta, site of the 2019 Americas Mobility Conference: bit.ly/2MtY7NJ.


Propelling Mobility

Weichert Workforce Mobility

Mobility Nobility.We can talk all day about our Legendary Service. But it’s more rewarding when others do the talking for us. Like relocating employees, who gave us the industry’s highest net satisfaction rating. And mobility managers, who showered us with such accolades as “industry’s best technology,” the highest “willingness to recommend” score, the highest net satisfaction rating among large providers and the highest international service rating. Recognition like this inspires us and propels us to do even better. It also makes writing these ads much easier.

+1 877 882 1290 | [email protected] | weichertworkforcemobility.com

* Results taken from The 17th Annual Relocation Managers Survey, the 24th Annual Nationwide Relocating Employee Survey and the 14th Annual Relocation Manager Survey— International Administration, all conducted by Trippel Survey & Research LLC.

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TIPS & TRENDS

Making the Most of Multilingual Conference Calls

C onference calls are tough, even if everyone is speaking their native language. Imagine now that it’s your second language, and you can’t see anyone’s facial expression or lips (a huge help when understanding another language).

The first way to transform a difficult conference call into communi-cation heaven is not to have a conference call, but instead use an online video platform such as Skype or Zoom. But if the voice-only confer-

ence call is all you have to work with, then make sure you do the following to achieve crystal-clear communication:• Send out an outline of what will be discussed beforehand. This allows people to

prepare their thoughts and possible responses ahead of time. In a second lan-guage, it takes longer to process what you want to say and how you want to say it. So giving everyone the topics ahead of time will allow you to get the most feedback from all departments.

• Make sure that during the call, someone (just one person) is paraphrasing in the chat box (if there is one) what is being said and by whom. Type the main points as they come up, and make sure to send them to everyone in the chat box as the call is going on. This will help everyone keep up with the conversation. For example, “We’re getting everyone up to speed with onboarding next Monday in Tokyo, but the Dubai office is going to have to cool their heels for a few more months—maybe in July.” Possible paraphrase: “Julie said—Monday, Tokyo starts learning new onboarding process. Dubai office, not yet. Maybe July.” This also encourages trust and confidence in what everyone has heard. And if the speaker was not clear, this can be rectified immediately.

• During the call, make sure to ask for feedback from everyone. Just because some people aren’t jumping in doesn’t mean they don’t have anything to say. It can be hard to jump in if it’s a call with many native speakers who speak at native speeds (i.e., quickly!). Ask specific people what they think, and give that person time to formulate what they want to add to the conversation.

• Make sure to simplify what you’re saying, avoiding idioms, phrasal verbs, and slang. For example, “He hit it out of the park” or “I’ll make it up to you.” Rephrase as “He did really well” and “I’ll do better next time.” Our goal is to communicate, so make it obvious what you mean.

• After the call, send out a summary of what was discussed and who will be doing what follow-up tasks, and ask whether anyone has any questions. Conference calls elicit groans all across the world, but with the above handy tips, any

conference call can be a piece of cake. Er, I mean, easy.

Send your article ideas, letters, and feedback to

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You have plenty of policy surveys.

But what if you could benchmark your entire mobility program?

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On worldwideerc.org, we reported on the results of Spain’s elec-tion of Prime Minister Pedro Sánchez and the country’s Socialist Workers’ Party (Partido Socialista Obrero Español/PSOE). Sánchez became prime minister last June after he launched a vote of no confidence against his predecessor, Mariano Rajoy, whose Partido Popular (PP) party was embroiled in a corruption scandal. The results strengthened Sánchez’s position, as the PSOE picked up 123 of the 350 seats in the Spanish parliament. In his short tenure so far as prime minister, Sánchez has pushed a progressive agenda and has positioned Spain to be a leader in the EU on the issue of immigration. While his ability to put together a coalition govern-ment will be crucial, having a government in Spain that is friendly toward immigration is good for the mobility industry.

We also reported on a one-year extension to the U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) pilot program to expedite the consideration pro-cess for Canadians entering the U.S. with an L-1 visa. The volun-tary program first started on 30 April 2018 and was scheduled to run through 31 October 2018. USCIS and CBP extended the pilot for six months through 30 April of this year, and then on 29 April, the agencies announced the current one-year extension, which will end on 30 April 2020.

Our government affairs team is also keeping you informed of EU developments to impose either a digital advertising tax or digital sales tax on large companies. At press time, efforts were seemingly stalled at the EU-wide level, prompting a number of countries to move ahead on their own. The most recent is the Czech Republic. Its ministry of finance announced a plan to tax digital services such as the placement of advertising on a digital interface, the provision of digital interfaces allowing users to interact with each other or access a supply of goods and services, and the sale of data collected on users and user activity on digital interfaces. The 7% rate is the highest so far proposed by any country. The tax is expected to go into effect in mid-2020, but it, as well as similar plans in other countries, could be affected by OECD proposals expected to be pre-sented to G-20 finance ministers at the June meeting in Fukuoka, Japan, and to G-20 leaders at their June meeting in Osaka, Japan. As the EU continues to seek agreement on a digital tax plan that would be EU-wide, we’ll be keeping you up to speed.

In Case You Missed It (ICYMI)WHAT’S HAPPENING ON SOCIAL? FOLLOW US! @WORLDWIDEERC

Twitter – We filled you in on the fact that, citing problematic language and outdated

statistics on the number of couples adversely affected by current law, the Federal Tribunal of Switzerland decided to invalidate a proposed constitutional amendment that would have treated married couples and unmarried cohabiting couples equally for tax purposes. bit.ly/2ISyeUk

Facebook – Our #MemberMonday campaign continues—take a look and learn

something new about your fellow Worldwide ERC® members Bobbie Rose, CRP, Thomas Wagner, GMS-T, Jackie Blais, GMS-T, and Janet Olkowski, SCRP, SGMS-T, among others! Check back often to see who will be featured next.

LinkedIn – We continue to keep you in the know not only about organizational

happenings and events, but about relevant global and U.S. legislative and regulatory developments and their impact on talent mobility, too. Examples include the moves by New York state to increase both the real estate transfer tax and the mansion tax on high-end residential properties in its 2020 budget, to go into effect for transfers occurring after 1 July 2019. The Revenue Committee of the Nebraska Legislature is also considering increasing the real estate transfer tax, taxing home repairs such as plumbing work, and placing a tax on moving services. Read more at bit.ly/2J2tdIQ and bit.ly/2vk9WdE, respectively.

AROUND THE WORLDWIDE ERC ®


Worldwide ERC® Front Page


NEWLAND CHASE OPENS THIRD INDIA OFFICENewland Chase continues to expand its operations in India. The company is opening its third brick-and-mortar India office in Hyderabad. The new office joins the existing Delhi and Bangalore (Bengaluru) offices to enlarge Newland Chase’s already significant footprint in the rapidly growing Indian market.

“We already effectively serve clients throughout India, including major multinationals in Hyderabad,” says Rohan Ghatge, managing director, India. “However, the addition of a physical location in Hyderabad will enhance our effectiveness in serving our growing client base in the south of India.”

Newland Chase’s main India office in New Delhi is strategically located in the north of India; while the Bengaluru office and the new Hyderabad office are placed in the south to serve the long and growing list of multinational and Indian companies expanding in the region.

The capital of the state of Telangana, Hyderabad is India’s fourth-largest city, with a population of more than 9 million and an estimated gross domestic product exceeding $74 billion. Traditionally a huge manufactur-ing hub, the city has experienced significant growth in

the information technology sectors over the last decade. Hyderabad is now home to hundreds of the world’s largest multinational and Indian IT corporations.

“As one of the world’s fastest-growing econo-mies, India is a key market for us,” says Steven Diehl, global managing director. “Newland Chase is continuing to experience rapid growth in our portfolio of clients with interests in India. The opening of our third Indian office in Hyderabad is further evidence of our long-term commitment to the local market and to our worldwide clients having needs in the Indian subcontinent.”

WEICHERT RELEASES NEW VERSION OF RELOCATION TECH Weichert Workforce Mobility has released the latest version of MyWIN, its relocation management system for corporate HR managers and mobile employees.

Building upon the system that was voted “indus-try’s best technology” in Trippel Research’s 17th annual “Relocation Managers’ Survey,” the latest MyWIN includes a number of valuable enhancements for HR managers, including one-click and no-click


access to data that fuels key decisions such as total program spend, employee status, and custom reports. The system also offers enhanced analytics that allow deeper insight to program and budget trends.

“We designed MyWIN to make it incredibly easy for relocation managers to get the information they need fast,” says Stewart McCardle, CRP, GMS-T, senior vice president, technology. “With real-time, customizable reporting and single-sign-on connectiv-ity to HRIS, ERP, and payroll platforms like Workday, SAP, and ADP, MyWIN is a fully integrated solution for relocation program cost reporting and analytics.”

The new MyWIN also features mobile-first design, with tools to streamline home and neighborhood research and mobile expense submission. MyWIN’s single-platform architecture combines domestic and global data in one database to provide real-time insight to the full spectrum of mobility activity.

“Part of our commitment to propelling mobility is delivering technology solutions that anticipate and resolve customer needs, offer tangible cost savings and efficiencies, and most importantly, advance the cus-tomer experience,” says McCardle. “We look forward to continuing to develop tools that modernize mobility.”

CWS CORPORATE HOUSING IS NAMED PARTNER OF THE YEAR CWS Corporate Housing was named one of the Partners of the Year: Domestic by Synergy Global Housing at its 2019 Partner Symposium. The event brought together housing suppliers from all over the world to discuss partnership opportunities with the company.

Winners were based upon the following criteria: is partner-centric; goes above and beyond for clients; provides a personalized guest experience; is respon-sive to guests’ needs, providing 24/7 support; offers transparent business processes; and serves both major and remote markets.

“CWS always goes above and beyond to ‘Synergyze’ the guest experience while maintaining your own brand,” said Craig Partin, CRP, GMS, executive vice president of Synergy, addressing CWS. “‘Synergyze’ means to us that you truly do things to make the guest’s stay special.”

“Our partnership with Synergy fosters an ongoing commitment to exceptional customer service and innovation with new housing solutions,” says Tracy

Hayes, GMS, president of CWS Corporate Housing. “Our shared core values and commitment to excellence allow us to work diligently together to deliver the level of service and client experience our clients deserve.”

MOVING & STORAGE INSTITUTE HONORS MSS INC. PRESIDENT & CEO

Tim Hughes, GMS

The Moving & Storage Institute (MSI) has honored Tim Hughes, GMS, president and CEO of Movers Specialty Service Inc. (MSS) in Montgomeryville, Pennsylvania, with the MSI Lifetime Achievement Award for Distinguished Service.

“The Lifetime Achievement Award for Distinguished Service is presented each year

by the Moving & Storage Institute to an individual who has demonstrated leadership, professionalism, and integrity both within our industry and in their community,” says Jack Griffin, MSI board chair. “This is undoubtedly the highest honor that we can bestow upon one of our peers within the industry.”

“We at MSS are extremely proud of Tim and believe this to be a true validation of his years of leadership,” says Tim Hughes Jr., vice president of strategy and marketing at MSS. “It’s an incredible honor for our company. We are thankful for our loyal partners who have been on this journey with Tim throughout all these years.”

FURNISHED QUARTERS STAFFS UP TO SUPPORT BUSINESS EXPANSIONFurnished Quarters has added a significant number of new staff members to support the business’s rapid expansion. The growth has warranted acquiring new office space to accommodate the increases in person-nel and service.

Over the last year, Furnished Quarters has hired more than 50 employees to fill new positions and, with the rise in staff, moved its New York headquarters and



Connecticut office to spaces double the size previously occupied. The company has also opened a Las Vegas service center to support West Coast guests in their local time zone. In tandem, Furnished Quarters continues to build out its Northern California portfolio.

“This isn’t just good news for our company, but also an indication of the strength of corporate housing as a preferred lodging option,” says Steve Brown, chief exec-utive officer of Furnished Quarters. “It reaffirms that the product and service we deliver are in high demand.”

New residential buildings in California now include NAYA in Sunnyvale and Leváre and Santana Heights, the latter two of which mark the corporate housing provider’s foray into San Jose. In New York City, Furnished Quarters continues to increase its presence in Hudson Yards, Chelsea, Tribeca, and Battery Park, tripling its inventory in these locations. Brooklyn has also become a popular market for short-term furnished rentals, and Furnished Quarters has expanded its offerings in the borough.

A substantial driver of staff growth has been the company’s global solutions department. What was originally an add-on service for global clients has become a core segment of the business, as Furnished Quarters increasingly takes on total management of worldwide corporate housing programs.

LONG & FOSTER OPENS NEW MOVING COMPANY

Tailored Move is a professional residential moving firm opened by Long & Foster Companies.

The Long & Foster Companies, parent company of Long & Foster Real Estate, has opened Tailored Move, a professional residential moving company.

“Long & Foster pioneered the concept of all-inclu-sive real estate services, and we have long offered a diverse range of real estate and financial services

to support buyers and sellers with everything from their first rental property to their first house purchase, from financing their dream home to managing their investment properties,” says Jeff Detwiler, president and CEO of The Long & Foster Companies. “Tailored Move builds on that vision, furthering our and our real estate agents’ ability to simplify the homebuying and -selling process.”

Tailored Move offers local, long-distance, and inter-national moving services. Clients are provided with a guaranteed flat-rate quote rather than hourly estimates on moving services. Tailored Move also gives each client $20,000 full-value replacement coverage of their belong-ings at no additional cost. Beyond traditional moving services, Tailored Move will offer cleaning, staging, decluttering, packing, storage, and unpacking services.

Brian Schuckalo, chief new business ventures offi-cer at The Long & Foster Companies, who oversees Tailored Move, says, “There are dozens of moving parts in a real estate transaction, and the actual move is just one of them. At Tailored Move, we designed our simple moving process with that in mind.”

Tailored Move’s services are available in parts of the Washington, D.C., metro region, and it will be expanding its services throughout the Mid-Atlantic and Northeast over the coming months.

ASIAN TIGERS KOREA EARNS CERTIFICATIONThe Korean office of Asian Tigers Mobility has obtained Authorized Economic Operator (AEO) certification, issued by Korea Customs Service in compliance with the World Customs Organization SAFE framework.

The AEO certification is an internationally recognized quality mark for business entities that can meet international standards, including law compliance, internal safety and security controls, risk factor management, financial solvency, and supply chain management. Candidates are required to provide complete transparency concerning all operational, financial, and corporate governance practices, as well as adherence to all customs requirements. Recipients are regarded as safe and secure global trading partners.

Joseph Song, GMS, CEO of Asian Tigers Korea, says, “Our clients gain certainty that we, as their logistics partner, have surpassed tight benchmarks in regard to standards of operation and compliance. We want


to remain ahead of the curve in dealing with the ‘new normal’ of today’s evolving business environment. Our goal is to constantly adapt and endeavor to [observe] global best practices for the benefit of our clients and further educational enrichment of our employees.”

ALTAIR GLOBAL RANKS HIGHEST IN TRIPPEL MANAGERS’ SURVEYAltair Global was ranked No. 1 in overall net satis-faction among all relocation management compa-nies in this year’s “Relocation Managers’ Survey–International Service Providers’ Performance” conducted by Trippel Survey & Research LLC.

The 15th annual “Relocation Managers’ Survey” was conducted throughout March 2019. The overall purpose of the survey is to collect and report objective, unbiased information on expatriate programs and insight on the level of satisfaction with companies in a wide range of international mobility service industries.

“We are ecstatic for these survey results, as they speak to Altair Global’s commitment to our client partners’ experience,” says Kathryn Cassidy, pres-ident and COO at Altair Global. “We are two years

into our Experience Management road map, and this ranking is validation that our investments in innovation, technology, and operational excellence are positively impacting our client partners.”

Within the 190 survey responses from international managers, Altair Global ranked No. 1 in several cat-egories, including highest net satisfaction for Overall Satisfaction With RMC among all RMCs; highest net satisfaction and average score for Quality of Service and People among all RMCs; and highest net satisfac-tion and average score for Technology among the top five largest RMCs.

“When we began our transformation, we wanted to ensure our client partners would continue to receive the same or better levels of support despite the fact that we were conducting a major overhaul of our experience model, technology, and communications channels,” says Chad Sterling, CRP, GMS, CEO at Altair Global. “Now that we’re within a stone’s throw of completing the first phase of our Experience Management road map, we are excited about how our innovations will create even better human insights and values for our client partners.” M

worldwideerc.org/events

Mexico City Mobility Summit 2019

India Mobility Summit 2019

BENGALURU 13 NOV 2019

São PauloMobility Summit 2019

MEXICO CITY 23 OCT 2019 SÃO PAULO 26 NOV 2019

SummitsOTH0719.indd 1 6/17/19 11:42 AM



ARPIN PROMOTES LEMME, APPOINTS SOMMERArpin Group has promoted Mario Lemme from director of programming services to senior vice president of information technology. Lemme will be responsible for establishing, directing, and administering the long-term strategic planning, implementation, and operation of the company’s IT requirements and functions. He will also be responsible for ensuring busi-ness continuity and developing, implementing, and maintaining the company’s IT and data security policies and procedures.

“Mario has played an integral role in develop-ing our company’s technology as well as in our overall growth,” says David Arpin, president and CEO of Arpin Group. “I am looking forward to watching him excel in this new role and lead our IT department.”

Lemme joined Arpin Group in 2013 as the director of programming services and has been instrumental in developing the company’s all-encompassing operating platform, ArpinNet.

In addition to his role as senior vice president of information technology, Lemme is a member of the company’s management committee and is on the board of directors for its charitable foun-dation, Arpin Strong.

Arpin International Group has also hired Sebastian Sommer as managing director for Arpin Germany. Sommer’s responsibilities will include managing all activities for Arpin Germany’s area in EMEA. He resides in Wiesbaden.

“Sebastian has an impressive résumé and has continued to take on additional responsibilities throughout his career,” says Hans Oelze, director of Arpin International Group–Germany. “We are looking forward to having him help Arpin Germany continue to grow.”

Sommer has more than 19 years of experience in the moving industry and earned a bache-lor of transport management and operations degree from Worldtrade Academy in Frankfurt,

Germany. Prior to joining Arpin, he served in roles with Crown Worldwide, most recently as a country manager. In his previous role, he was responsible for managing the German entity, which includes project and change management as well as maintaining internal and external certifications and audits.

JODY RAGONESE JOINS HSBCJody Ragonese, CRP, is joining HSBC as regional relocation sales director. In this role, he will help build out the bank’s corporate relocation mortgage program alongside Karen Gerba, CRP, GMS, head of corporate reloca-tion lending.

Ragonese brings more than 15 years’ expe-rience in relocation mortgage lending and has strong business development and client account management experience. Previously, Ragonese served as Northeast regional solutions manager at Citibank NA, working within its corporate relocation mortgage division.

MOESKJÆR RETIRES FROM ASPIRE MOBILITY GROUP; LYRUM ASSUMES NEW ROLEGunnar Moeskjær has retired from Aspire Mobility Group in Copenhagen, Denmark, after more than 30 years in the moving industry, and Sara Lyrum has taken over as group director.

Moeskjær started his moving career with Santa Fe in Hong Kong in 1988 and moved to Singapore with the company in 1993 before returning to his native Denmark in 2000 to join the moving company Bach & Salicath. Two years later the company bought Møbeltransport Danmark, which rebranded its international moving and relocation division in 2013 to Aspire Mobility Group.

During his time with the company, Moeskjær helped to grow the moving and storage business, taking it into OMNI, FIDI, IAM, and EuRA and adding a wide range of

Executive Spotlight

Jody Ragonese

Mario Lemme

Sebastian Sommer

Gunnar Moeskjær and Sara Lyrum


services, including DSP, immigration, and global relocation. In 2012 the company opened a branch in Stockholm.

Lyrum started her career in 1995 as an apprentice with Bach Møbeltransport, which then merged to become Bach & Salicath. The company was a partner with UTS, giving Lyrum the opportunity to work with North American Van Lines in Fort Wayne, Indiana, for six months to understand the international business better. She returned to Copenhagen to head up the European and international departments. In 2013 she moved to work for Alfa Quality Moving in Denmark, returning to Aspire Mobility last year.

Asked about her ambitions in her new role, Lyrum acknowledges that the industry is chang-ing quickly. “It’s time to stop and reflect,” she says. “We need to focus on how to address the next generation. They want fast, simple commu-nications on their phones. Moving will be a tech function in the future.”

Lyrum also explains that the relocation indus-try in Denmark is a little different than in many other countries. Corporations are still willing to work directly with relocation companies, and that is where she believes the growth will be in the short to medium term. “The global mobility people want to know how fast you can get the work permit and find assignees a place to stay,” she says. “The move isn’t even a priority, so we are adding a lot of additional mobility products to our service delivery platform. It’s the way forward for us.”

Moeskjær will be taking life a little easier: He has enrolled to study history, and he says he has plenty of books to read. But he’s also made himself available to the company as part of an advisory board. “It will be very interest-ing, because now I will have the time to take a high-level view rather than working in the business day to day. I hope it will be useful for the company.”

HOMESERVICES RELOCATION ADDS CAROLE GRINDEHomeServices Relocation, a division of HomeServices of America, a Berkshire Hathaway affiliate, has hired Carole Grinde as marketing manager, based in the company’s Twin Cities corporate headquarters.

“We are expanding, both nationally and internationally,” says Steven John, SCRP, SGMS-T, president and CEO at HomeServices Relocation. “With the addition of Carole to the team, we will be better positioned to build brand awareness and exposure in the new markets we are serving.”

As the marketing lead, Grinde will be responsible for working collaboratively with the management team and staff members in the development, design, execution, and mainte-nance of marketing functions for HomeServices Relocation. She will also engage with key stakeholders at both the corporate and divisional levels to drive innovation in marketing and branding efforts for the company.

Grinde began her career with a Minneapolis-based marketing and advertising firm. With more than 15 years’ added experience as a marketing and creative professional in both the residential and commercial real estate sectors, she comes to HomeServices Relocation with extensive expertise in marketing, communica-tions, design, promotions, branding, and com-munity relations. In a prior role, Grinde served as primary contact for an established freelance business offering marketing consultation for multiple local and national clients specializing in real estate and development. M

Carole Grinde



Collective WisdomAUTO INSURANCE/REGISTRATIONDo you cover the cost of an additional auto insurance policy and the cost to register a vehicle in another U.S. state when an employee utilizes their car during a temporary domestic assignment?

HARDSHIP ALLOWANCE What method do you use for calculating hardship allowance?• Location evaluation report (host-based only).• Quality-of-living indices (home-host comparative).• Other (please comment).

PERMANENT RESIDENCYDo your companies pay for permanent residency for foreign nationals in your global (non-U.S.) offices? We cover the costs for green cards in the United States and are looking to develop a global policy for what costs we cover and when we apply for indefinite leave to remain (ILR)/permanent residency throughout the rest of the world.

AFTER-TRANSFER SURVEY Does anyone survey their employees internally after the completion of an international transfer? What type of themes, questions, or concerns do your employees relate back based on their overall experience and company policy?

SELF-MOVE BONUSNow that there is no U.S. tax advantage for a domestic household goods shipment, does anyone offer a “self-move bonus” to encourage employees to take a lump sum (and move themselves) versus taking the organized van line shipment? If we make the lump sum large enough, we see an opportunity to drastically reduce our HHG move costs.

IMMIGRATION COUNSELDo any of your companies use in-house immigration attorneys for U.S. and global immigration, or do you all contract with an external law firm?

HOMESALE BENEFITSWe are working on an international permanent transfer policy and would like to know if it is common to offer homesale and home purchase benefits outside of the U.S. We would offer homesale (if the home were in the U.S.) and home purchase (if the home were inside the U.S.), but we’re trying to figure out if other companies offer these benefits outside the U.S. and, if so, do they cap benefits?

Read the answers or add your own comments to these questions, or post a new one of your own in the Worldwide ERC® Community’s Corporate Benchmarking Forum.

Corporate and government agency members can log in at worldwideerc.org/community.

RELUCTANCE TO RELOCATEDo you formally track your team members’ reluctance to relocate? If so, how?


Lump sum. Lump-sum plus. Core-flex. Tiered. Capped. Cafeteria.

Exceptions. Exceptions. Exceptions.

Imagine a new solution that eliminates all of these.

Now wouldn’t that be exceptional?

If you’re not excited yet, you should be.

Coming fall 2019 | cwhatspossible.com

Young Professionals


“Management is doing things right; leadership is doing the right thing,” stated Peter Drucker, known as the father of modern management theory. As a professional within the industry, I have learned that “doing the right thing” is far more important than “doing things right.” A

global mobility manager should not be a manager, but instead should be a leader who continuously strives to do the right thing, right. I believe great global mobility leaders do not accept the status quo and are not reactive. Most importantly, they do not disempower their team.

The best leaders with whom I have had the priv-ilege of working have always challenged the status quo. Industries are rapidly changing as digital transformation takes place globally, and it is para-mount that global mobility leaders be change-agile. Are your program and polices reviewed frequently for industry standards and competitiveness? Are you reviewing your data and leveraging that information to depict your program’s value to key stakeholders? Have you considered ways to auto-mate your processes? Agile global mobility leaders are always thinking of ways to continue enhancing

their program, to bring value to the business as they evolve, and to provide employees with excep-tional experiences. Remember, just because it isn’t broken does not mean it shouldn’t be fixed.

Global mobility leaders are proactive, not reactive. Proactive global mobility leaders focus on achieving the best outcomes while being able to demonstrate the value their team contributes to the organiza-tion’s overall objectives, strategies, and bottom line. Proactivity calls for forward-thinking global mobil-ity leaders to spearhead transformational changes that allow them to plan ahead, reduce cost, augment efficiencies, streamline processes, and enhance stake-holder and employee experiences. I have learned that proactive leadership is not achieved overnight, but it is something all global mobility profession-als can work toward by evaluating alternatives, planning, and establishing achievable goals. Being a proactive leader is a skill set I strive to translate into my role every day, so I can help my organization make smarter decisions in relation to the develop-ment and movement of talent, deployment, and global workforce planning.

Finally, great global mobility leaders understand the power and capabilities of their team. Working alongside leaders who have empowered me, I became wiser and have been able to derive creative solutions and efficiencies that were not previously considered.

What a Global Mobility Manager Is NOT


Their trust and empowerment have allowed me to grow within my role and have helped them achieve our mission, vision, and purpose. An empowering leader creates a workspace where team members are trusted, are allowed to work independently, can ask questions without repercussion, and can continue to grow by taking on new responsibilities. When you empower your employees, they will learn to make the right decisions.

As the global mobility industry continues to expe-rience massive evolution, global mobility leaders

must be equipped to quickly adapt to these changes. By thinking like a leader who does not accept the status quo and isn’t reactive but empowers the team, global mobility leaders can more efficiently drive the team forward, providing solutions that deliver business value. MJennifer Sendeski, GMS

If you’re a professional under 40 who would like to be featured on this page in a future issue, please contact Heidi Hume, GMS-T, at [email protected] or +1 703 842 3419.

Relocating doesn’t have to be a daunting

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WORLDWIDE ERC ® GOVERNMENT AFFAIRS 2019

Americans and citizens from 60 other countries will soon need to register before traveling for business or pleasure to Europe. By the beginning of 2021, U.S. and other travelers to Europe who do not need a visa to visit countries in the Schengen zone will be required to first get approval under the new European Travel Information and Authorization System (ETIAS). Citizens of countries who are required to obtain a visa to enter a Schengen coun-try will continue to need to do so and will not be required to register under ETIAS.

The establishment of ETIAS will have a direct but likely minimal impact on workforce mobility, as the registration process will be more impactful on busi-ness travelers, and even then, as more of a formality for a majority of individuals. ETIAS does not change the need for mobile employees to obtain a work visa, and they should not need to register under ETIAS, as it applies to individuals waived visa requirements. However, for business travelers who fail to register, the impact will be significant, as they will be pre-vented from boarding transportation to a country within the Schengen zone or will be turned back at the point of entry.

According to the “EU Fact Sheet on Security Union: A European Travel Information and Authorisation System – Questions and Answers” (5 July 2018), the application process is expected to take about 10 minutes and will require applicants to provide their personal background information, a credit card to pay the fee of €7, and an email address to receive a response. The system is being touted as able to provide approval within a matter of minutes as long as there are no issues with the application or back-ground of the applicant.

Once approved, the registration is valid for five years. As is currently the policy, travelers will be

Travel to Europe Will Soon Require RegistrationBy Tristan North

COUNTRIES WHOSE CITIZENS NEED TO REGISTER UNDER NEW ETIAS RULESSource: Regulation (EU) 2018/1806 (14 November 2018)

AlbaniaAndorraAntigua and BarbudaArgentinaAustraliaBahamasBarbadosBosnia and

HerzegovinaBrazilBruneiDarussalamCanadaChileColombiaCosta RicaDominicaEl SalvadorFormer Yugoslav

Republic of Macedonia

GeorgiaGrenadaGuatemalaHoly See (Vatican

City State)HondurasIsraelJapanKiribatiMalaysiaMarshall IslandsMauritius

MexicoMicronesiaMoldovaMonacoMontenegroNew ZealandNicaraguaPalauPanamaParaguayPeruSamoaSan MarinoSeychellesSerbiaSingaporeSolomon IslandsSouth KoreaSt. Kitts and NevisSt. LuciaSt. Vincent and the

GrenadinesTimor-LesteTongaTrinidad and TobagoTuvaluUkraineUnited Arab EmiratesUnited States of

AmericaUruguayVanuatuVenezuela


able to spend 90 days in a 180-day period within the Schengen zone. A traveler may enter and leave the zone an unlimited number of times within that period. For periods longer than 180 days, travelers will need to obtain a Schengen visa. There will be an appeal process for travelers whose applications are denied. ETIAS will be an online platform, which is still under development and is anticipated to go active in 2020.

There are 60 countries in addition to the U.S. whose citizens do not need a visa to enter countries constituting the Schengen zone, and who will be required to receive approval under ETIAS. The countries are listed in the table on the preceding page. Citizens of 102 countries require a visa for entry into countries in the zone.

The 26 countries that currently compose the Schengen zone are listed in the corresponding table. In addition, ETIAS will be required for countries that are in the process of joining the Schengen zone but don’t yet fully meet the standards: Bulgaria, Croatia, Cyprus, and Romania. The U.K. and the Republic of Ireland notably are not part of the Schengen zone.

The European Commission proposed in November 2016 the establishment of ETIAS as an additional security measure to address a gap in information about travelers to Europe.

European officials have been quick to point out that ETIAS is not a visa requirement but a screening

system similar to the Electronic System for Travel Authorization (ESTA), used by the U.S., and the Electronic Travel Authorization (eTA), used by Canada. Registering under the system will be mandatory for individuals traveling to Europe without a visa.

Worldwide ERC® will keep our members abreast of any new developments with ETIAS as well as when the online registration system becomes active. M

Tristan North is Worldwide ERC® government affairs adviser. He can be reached at +1 703 610 0216 or [email protected].

COUNTRIES OF THE SCHENGEN ZONEAustriaBelgiumCzech RepublicDenmarkEstoniaFinlandFranceGermanyGreeceHungaryIcelandItalyLatvia

LiechtensteinLithuaniaLuxembourgMaltaThe NetherlandsNorwayPolandPortugalSlovakiaSloveniaSpainSwedenSwitzerland


C alifornia’s Los Angeles County encompasses more than 4,000 square miles from the Pacific Ocean to the Mojave Desert, is home to more than 10 million people, and has more

than 3.4 million dwellings. Located within the county are 88 incorporated cities with an economic output of more than $1 trillion. This metro area’s gross domestic product is equal to that of Saudi Arabia.

Los Angeles has long been the “city of dreams,” welcoming those seeking fame and fortune. Sometimes disparaged as the home of earthquakes, celebrities, urban sprawl, traffic, and smog, “LA” is more appro-priately defined by the diversity of its geography, neighborhoods, and population. Thirty-five percent of the city’s residents are foreign-born, more than in any other U.S. city. Angelenos hail from 140 countries and speak 224 languages. They enjoy a diverse landscape and abundant views from the mountains to the oceans.

Besides an appealing sunny, temperate climate, the Los Angeles metro area boasts: • Major motion picture and television production

studios, including Disney, Netflix, Paramount, Warner Brothers, Sony, CBS, NBC, and ABC.

• Many universities, including the University of California–Los Angeles (UCLA), the University of Southern California (USC), The Claremont Colleges, Pepperdine University, the California Institute

of Technology (Caltech), and California State Polytechnic University, Pomona (Cal Poly Pomona).

• The two largest ports in the U.S.—the Port of Los Angeles in San Pedro and the Port of Long Beach.

• Seventy-two miles of beaches, plus recreational lakes and marinas.

• Entertainment venues such as Disneyland, Universal Studios, Six Flags, Venice Beach, and The Getty Center, and eight major professional sports franchises.

• Hosting of the 2028 Olympics, which is coupled with an $88 billion transportation infrastructure upgrade.

LOOKING BACKWith the discovery of gold in California in 1848, Americans rushed to Los Angeles and the surrounding area. Migration continued as Americans sought out the favorable climate, originally for its healing prop-erties. The citrus industry boomed in the 1870s, and the railroad to Chicago was completed in the 1880s. In 1913 Cecil B. DeMille rented a barn in a suburb called Hollywood for filmmaking. Ten years later the famous Hollywood sign was first erected in the city, which was both the entertainment capital of the world and the world’s largest oil producer. After World War II it also became a center of the aerospace industry. Today major industries include entertainment, aerospace, informa-tion technology, tourism, and health care.

MARKET SUMMARY

Los Angeles CountyBy Lynn Kennedy, CRP

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Recently LA has also become a wellspring of start-ups, thanks to lower operating costs and salaries than in Silicon Valley, 350 miles away, and the presence of large research universities.

In a 2017 Milken Institute study, Caltech was the top U.S. university in patents issued, and UCLA took the top spot for startup creation. Local tech, pharma-ceutical, and media employers include SpaceX, Virgin Galactic, Snapchat, Spotify, Facebook, Hulu, YouTube, Amazon Studios, Google, Abcentra, and Kite Pharma.

CURRENT TRENDSBy 2018, residential property values had rebounded from the lows of the 2008–2011 recession to exceed the record levels of 2006–2007.

Los Angeles is experiencing a lack of affordable housing, causing a shift toward renting and away from homeownership. The California Association of Realtors® estimates that in the fourth quarter of 2018 only 25% of the households in LA County could afford the median home, which sold for $576,100 and required a house-hold income of at least $124,900 a year. To improve housing availability, cities are experimenting with a variety of zoning variances. Some are designed to allow second residences on large lots. Others are encouraging low-cost senior housing or the blending of residential, commercial, and retail space.

Homesales are still brisk in the beach areas. In con-trast, since mid-2018, many inland suburbs are mov-ing at a slower pace. The general market forecast has been well described by Chuck Lech, a local Realtor®, as “cloudy with no storms or thunder in the forecast.” From 2017 to 2018, homesales fell 13%, inventories increased, marketing times increased, and price reductions were more common. Away from the beach cities, the overall mood of the market is cautious, with buyers regaining negotiating power. This hesitation

appears to be in reaction to forecasts of continued price declines for the remainder of 2019–2020.

LOOKING AHEAD Los Angeles is a creative hub that is continuing to shape itself by the attraction and creation of new, energized companies. But as in many large U.S. cities, near-term challenges include reducing homelessness, providing quality education in all areas and at all levels, improving access to health care, and reducing traffic congestion.

The Institute for Applied Economics, Global Health, and the Study of Business Enterprise at Johns Hopkins University projects that from 2018 to 2020 real per capita income for LA County will grow 2.25% annually, to $46,780. However, these forecasts don’t imply any relief for financially strapped Angelenos in the near term.

As a result, affordability issues continue to cause outward migration of young families and older resi-dents toward more affordable areas. Large employers such as Toyota are also relocating out of state for tax incentives and lower operating costs. In areas where there had been overcrowding and decline, this churn is part of the dynamism of a vibrant large city that creates opportunities and renewal.

It is not surprising that Los Angeles draws in creativity and retains a high ratio of talented individ-uals as they follow their career paths. As the Randy Newman song says ...

’Cause the sun is shining all the time,Looks like another perfect day …

I love LA. M

Lynn Kennedy, CRP, is a state-certified general appraiser and a member of Relocation Appraisers & Consultants (RAC). As a native of LA, Kennedy also contributes to AVMetrics, a financial analytics company specializing in the testing and compliance of automatic valuation models (AVMs). She can be reached at +1 805 443 8284 or [email protected].

STATISTICAL SNAPSHOTTODAY 1 YEAR AGO CHANGE

UNEMPLOYMENT 4.9% 4.9% 0%MEDIAN SALE PRICE $645,000 $595,000 +8%MEDIAN DOM 85 76 +11.8%

MARKET AT A GLANCEECONOMIC CLIMATE CAUTIOUSNEW CONSTRUCTION LIMITEDREO ACTIVITY LOWSUPPLY INCREASINGDEMAND DOWNMARKET DIRECTION SOFTENINGMARKET MOOD HESITANT


PATHWAYS: HOW I FELL INTO MOBILITY

From reading these columns and talking to my colleagues, it seems that “falling” into mobility is pretty much the rule and not the exception. My own experience is no different.

I worked in a law firm straight out of school, electing to do my law degree as an external student. After investing significant blood, sweat, and tears, I became an “official” lawyer in 1997 and then, as many Aussies do, I headed off to the U.K. for a couple of years with the aim of working to support my travel addiction. I returned to Australia to work in banking and finance (yawn), and after short stints with a major global consultancy firm and another large national law firm, I again found myself living abroad. This time, I fed my travel habit from Austria. While I was there, a friend of mine who had been running an immigration firm begged me to come back and “help out.” As it turned out, “help out” translated to “please take my business, as I’ve just been suspended by the authorities for mismanage-ment.” So, in early 2004, I first fell into this world of talent mobility and immigration.

I soon discovered that there were several hundred clients who had paid money for immigration services, yet the work on these cases was yet to be done. And conveniently, all the money had vanished—not to mention the files that fell into the “too hard” category

and were hidden under cupboards and behind pho-tocopiers. Every day brought a new surprise. I spent almost six months working, eating, and sleeping at the office to complete all of the old cases, while managing the new ones coming in. I can honestly say that no one got deported, every case was success-ful, and I had experienced the very best immersive training in immigration law. However, I had so much work coming in and not enough staff to manage it, that I merged my practice with another firm in 2005. Fast-forward to today, and my then business partner is now my wife and the mother of our two wonderful children. Along the way, and pre-kids, between 2005 and 2008 we opened offices in Singapore, Malaysia, and Ireland, and my travel addiction was overfed.

In 2008, we founded and then built up a very successful corporate immigration firm in Australia, which I ultimately merged with Fragomen. In May 2011, I joined Fragomen, along with 20 staff members. Having never shaken the travel bug and realizing there was a global world out there, I sought the next challenge. In August 2014, my family and I relocated to Houston with Fragomen, where, as a director of client services, I managed the global immigration programs of large multina-tional companies. This gave me incredible insights into how mobility programs operate across a

Falling, Falling … JumpingBy Ben Willis


variety of industries. During this period I became cognizant of the pressures on mobility teams to drive efficiencies, and I realized the fundamental role that technology brings to the process.

And so, in October 2018, when an opportunity with SimpleCitizen presented itself, I willingly jumped—as opposed to falling—in. Innovation through automa-tion is my passion, and combining all of the skills I’ve acquired along the way helps in configuring clever tech platforms to meet the pain points in large-scale mobility programs. I draw on all of these experi-ences—managing large volumes of cases, multiple case workers, and case teams, and everything that is needed to execute a robust and efficient mobility program—to spin that into a technology platform

that meets the needs and expectations of its end users. What I love is that we are only just beginning the journey into an industry that is ready for and embracing innovation. So, at the forefront, disrupting the traditional methods via technology, is an exciting place to be. M

Ben Willis is director of client services with SimpleCitizen. He can be reached at +1 281 706 6333 or [email protected].

How did you “fall into the mobility industry”? To tell us your story, contact [email protected] or +1 703 842 3417.


Excerpted from AIRINC’s “2019 Mobility Outlook Survey.” Reprinted with permission.

WHAT DO YOU CONSIDER TO BE THE MOST IMPORTANT OUTCOME OF A CROSS-BORDER ASSIGNMENT?

AVERAGE RANK

To fill staffing needs in locations where skills or knowledge are not available 4.1

To provide strategic business direction 3.3To provide professional development and global skills for assignees 2.9To provide training/development for staff in host offices 2.2To spread organizational values and culture 1.7Key: 5=extremely important, 4=very important, 3=moderately important, 2=slightly important, 1=not important

HOW DOES YOUR MOBILITY FUNCTION KNOW IT IS SUCCESSFUL?

(Note: Multiple responses were possible.)

Positive feedback received from the business 87%Compliance risks are minimized or nonexistent 75%Positive feedback received through assignee surveys 71%Assignment/transfer processes are standardized and efficient 60%Policy exception requests are kept to a minimum 56%Employee commitment is enhanced because of an assignment/transfer

34%

Budget is not exceeded 24%

THENUMBERSAIRINC’S 2019 MOBILITY OUTLOOK SURVEYSince 2011, AIRINC’s annual “Mobility Outlook Survey” has been tracking global trends. With the mobility function increasingly focused on delivering value to customers, many companies are leveraging technology and vendor partnerships to streamline operations and improve the mobility experience. The 2019 report surveyed 168 companies across multiple industry sectors, with 60% of respondents headquartered in North America, 31% in Europe, and the remainder from APAC, the Middle East, and South/Latin America. When asked for this year’s priorities, 69% of participants selected simplifying administration, 63% chose enhancing the employee experience, and 48% indicated improving communications with the business. Following are highlights of the report, of which a full copy can be requested at bit.ly/2HtqOVb.


Excerpted from AIRINC’s “2019 Mobility Outlook Survey.” Reprinted with permission.

HOW WOULD YOU BEST DESCRIBE GLOBAL MOBILITY’S APPROACH TO PROVIDING FLEXIBILITY TO THE BUSINESS?


MULTIPLE POLICIES: Policies differentiated by length but also purpose or other prescriptive criteria dictating which policy applies (e.g., separate standard and developmental policies)

40%

FLEXIBILITY BY EXCEPTION: Flexibility provided by individual negotiation and exceptions

32%

ASSIGNMENT LENGTH ONLY: All assignees go on the same policy, segmented by assignment length only, with little flexibility (e.g., one long-term policy for all assignees, one short-term policy)

32%

CORE/FLEX: Policy offers “core” benefits for all employees while the business has the flexibility to add or adjust other “flexible” benefits

26%

TIERS WITHIN POLICY: Policy or policies outline benefits by job level or other criteria

26%

ARE YOU DOING ANY OF THE FOLLOWING TO IMPROVE THE EMPLOYEE EXPERIENCE DURING AN

INTERNATIONAL ASSIGNMENT OR TRANSFER?


Streamlining the employee’s point of contact (or providing a single point of contact) 61%Offering policies that allow employees some choice of benefits 26%Automating assignment/transfer workflow 26%Allowing employees to self-serve aspects of their assignments/transfers 15%N/A; we are not currently focused on the employee experience 14%Providing assignment/transfer goals 11%Tracking goals over the course of the assignment/transfer 10%

PLEASE INDICATE IF YOUR COMPANY OFFERS FLEXIBLE CHOICE TO THE EMPLOYEE IN ANY

OF THE FOLLOWING WAYS:


Providing a cash allowance in lieu of individual benefits (e.g., cash home leave allowance)

36%Offering a cash lump sum for multiple benefits (e.g., cash in lieu of in-kind relocation support)

17%Offering choice between a cash allowance or in-kind benefits (e.g., employee picks cash or service for relocation)

16%Offering a flexible spending budget or flex points approach (e.g., a budget against which employees can withdraw in-kind services of their choosing)

6%

None of the above 49%

HAS THE OVERALL NEED FOR INTERNATIONAL MOBILITY AT YOUR COMPANY INCREASED, DECREASED,

OR REMAINED THE SAME IN THE PAST YEAR (THIS INCLUDES ALL CROSS-BORDER MOVES SUCH AS

TRADITIONAL LONG-TERM ASSIGNMENTS, SHORT-TERM ASSIGNMENTS, ONE-WAY TRANSFERS, LOCALLY HIRED

NON-NATIONALS, ETC.)?

Increased 48%Decreased 12%Remained about the same 40%

TOP 5 POLICIES COMPANIES PLAN TO ADD THIS YEAR

(Ordered by demand)Commuter

Business TravelerInternational Permanent Transfer

Home-Based Long-Term Assignment LightLocally Hired Non-national

U.S. President Donald Trump issued the Buy American and Hire American (BAHA) executive order in the early months of his administration, in partial fulfillment of his campaign’s promise to control immigration. Although the president’s efforts to build a southern border wall have been frustrated by Congress and the realities of geogra-phy, the BAHA executive order has been one of his most effective anti-immigration measures.

The seemingly simple directives of the order—buying American goods and hiring American workers—have

resulted in a welter of new regulations and policies that have made it even harder for U.S. employers to access foreign talent. Two years after the executive order was signed, the U.S. labor market is at its tightest in decades, and the global competition for top talent is at its fiercest. While other nations are looking at ways to grow their talent pool through immigration, U.S. employers are facing ever tougher hurdles to hire the workers they need.

BAHA’s mandate to ensure the integrity of the immigra-tion system, protect U.S. workers, and reform the H-1B visa

AMERICAN,B UY

AMERICAN,

AMERICANH I R E

AMERICANImmigration restriction vs. workforce realities

By Carmita Alonso and Nancy H. Morowitz

program has ushered in a new reality for the business immigration community. Although there are signs that some in the Trump administration understand the importance of having access to talent regardless of nationality, restrictions on employer-sponsored immigration persist, and employers must have an effective strategy for understanding and responding to abrupt changes, which can have significant impact not only on business goals but also on the lives and livelihoods of employees.

The Immigration Landscape Under Buy American and Hire AmericanEmployers in the U.S. need to be aware, at the outset, of the challenges they will be likely to face when seeking to secure foreign talent. Managing an immigration program with internal partners and with outside immigration counsel can help minimize com-pliance risks and maximize the chances of successful foreign hires.

Immigration applications under the microscope. BAHA almost immediately caused a surge in government scrutiny of immigration benefits applications. Whether an employer is seeking to hire an H-1B professional or transfer a foreign manager from an overseas subsidiary, government challenges to applications—known as requests for evidence (RFEs)—are more likely than ever, adding time and costs to the hiring process. In the first quarter of fiscal year 2019, 60% of H-1B filings were hit with RFEs. By contrast, just 20% of H-1B filings received an RFE in FY 2016.

Requests for evidence don’t just mean an employer must submit more documents. They often revise long-held interpretations of law in new and restric-tive ways, effectively announcing policy changes by stealth and with no warning. These unanticipated shifts mean less predictability for employers and foreign workers.

As scrutiny increases, so do delays. As the RFE rate rises, employers expend significant time and resources to respond, and they wait longer for cases to be decided by the government. In FY 2016, most employers who petitioned for new H-1B employees on 1 April—the opening day of the H-1B filing period—saw their cases processed in less than six months, well before the customary H-1B employment start date of 1 October. Last year, U.S. Citizenship and Immigration Services (USCIS) was

processing FY 2019 H-1B cap cases well beyond 1 October, leaving many employers and foreign pro-fessionals in limbo for eight to 10 months or longer. And though the government offers expedited immi-gration processing for a significant fee, it has some-times suspended this service, foreclosing a valuable option for employers with urgent labor needs.

Make your case. Then make it again. Just six months after BAHA was signed, USCIS ended a long-stand-ing policy that directed officers to give deference to the agency’s previous immigration case approvals. As a practical matter, this means that employers who want to extend the employment of a current foreign worker will need to prove eligibility all over again—even if circumstances have not changed since the case was first approved. And adjudicators are free to question a current employee’s eligibility for immigra-tion benefits as if the case were brand new. Coupled with the recent surge in RFEs, the no-deference policy leaves employers and foreign employees with little assurance that an application to stay in the U.S. and continue working in the same job and visa classifica-tion will be approved.

The high stakes of losing talent: application denials on the rise. Tougher government scrutiny fre-quently leads to application denials. Although well-prepared petitions for sponsorship still have good odds of approval, the overall rate of immi-gration benefits denials has more than tripled. Between FY 2016 and FY 2018, the rate of H-1B denials rose from 4% to 13%. A closer look reveals that some industries are hit even harder. Our anal-ysis of government data shows that employers in the professional and technical services sector saw the odds of denial for new H-1B employment rise from 12.5% in FY 2016 to an astonishing 40% in the first quarter of FY 2019. In the financial services sector, denial rates for new-employment H-1B filings more than quadrupled in the same time frame, from 4.5% to 19.5%.

USCIS’s no-deference policy has prompted a similar rise in denials of applications for continued H-1B employment. In the professional and technical services sector, 23% of these cases were denied in the first quarter of FY 2019, compared with a 6% denial rate in FY 2016. In the financial services sector, appli-cations for continued H-1B employment were denied at a rate of 6.5% in the first quarter of FY 2019, up from just 2% in FY 2016.


The consequences of application denials are sig-nificant and include rescinded job offers, disrupted projects and deliverables, and even business interrup-tion. Denials leave employers vulnerable and foreign employees without remedy or time to absorb the impact of unanticipated employment termination.

Be prepared. Investigations and enforcement actions are increasing. In the wake of BAHA, the four federal agencies charged with immigration-related enforce-ment began to coordinate efforts in unprecedented ways, leading to a spike in audits and investigations. Immigration and Customs Enforcement (ICE) con-ducted more than 5,000 audits of employers’ Form I-9 employment eligibility verification files between January and June 2018—three times the number conducted in all of FY 2017. USCIS’s anti-fraud worksite inspections have increased, and the agency’s goal is to conduct 20,000 such inspec-tions per year—double the usual number. The U.S. Department of Labor’s Wage and Hour Division conducted 25% more investigations of employers’ compliance with H-1B wage rules in 2018. Back-wage awards nearly tripled, and civil monetary penalties more than doubled.

Enforcement is expected to increase and become active in areas that have been largely dormant in the last several years. In particular, the Department of Labor will begin to look more closely at foreign labor certification—the first step in the employment-based green card process.

The only constant is change. The Trump adminis-tration is expected to unveil more new policies and practices under BAHA. Next year, employers will face a radically altered process for seeking H-1B workers under the annual quota. The new H-1B early registration system, which debuts in the first quarter of 2020, is intended to reduce paperwork and stream-line application procedures. But will it really do so, or

will it add an extra layer of preparation to an already costly and intensive process? The devil is in the details, and those details are as yet unknown.

Other hurdles are on the horizon. Forthcoming regulations and policies could make it harder for foreign nationals to make business trips to the U.S. The fate of Deferred Action for Childhood Arrivals (DACA) and the Temporary Protected Status pro-gram—sources of close to 1 million workers in the

U.S.—hangs in the bal-ance in the federal courts, although the advocacy of the business community and public interest groups has thus far saved them from abrupt extinction. The administration is well on the road to terminating a program that allows the spouses of H-1B workers to apply for employment authorization. The prac-tical training program for foreign students—which allows graduates of U.S. universities to engage in their first professional expe-riences and U.S. employers to develop young talent—could be restricted, even for those holding degrees in STEM fields. And forth-coming changes to filing

procedures could make it harder for foreign workers stuck in the employment-based green card queue to obtain work and travel permissions.

Strategies for Success and Risk ManagementParadoxically, the restrictive environment sought by the Trump administration and fostered by BAHA has not dissuaded employers. Despite rising costs, tougher scrutiny, and greater risks of denial and enforcement, demand for foreign talent is surging. A case in point is the race for H-1B workers. The compe-tition for slots in the annual H-1B quota increased this year, after declines in the two previous years.

The conflict between government policy and employer demand is expected to continue in the near term. Employers and their immigration counsel need

Employers in the U.S. need to be aware, at the

outset, of the challenges they

will be likely to face when

seeking to secure foreign talent.


to be prepared to meet the continuing challenges two years into Buy American and Hire American.

Educate leadership. Creating awareness of immigration challenges is the first step in any organization’s response to the current environ-ment. Human resources and mobility profes-sionals should strive to educate stakeholders at all levels—foreign nationals, recruiting, the legal department, and business managers, as well as the C-suite and executive management. The message: Immigration is a major concern in workforce planning.

Foster accountability. Make employees aware of their responsibility for managing their immigration status. Create a culture of compliance with a robust process for tracking changes in employment, such as job duties, payroll, and work location, all of which have immigration implications. Employee awareness is critical to ensure that required gov-ernment filings are made and to minimize compli-ance risks.

Budget adequately. Increased immigration complexity brings costs in terms of time, money, and resources. Factor these issues into the budgets, because the expense will increase as the restrictive trend continues.

Allow enough time. Identify foreign hiring needs as far in advance as possible. Set realistic start dates to account for increased government scrutiny and adjudication delays.

Manage expectations up and down. Prepare foreign workers and senior leadership for abrupt changes in government policies and requirements, as well as the impact of immigration delays and denials.

Create Plan B and Plan C. Working with busi-ness managers and foreign nationals, think about immigration alternatives in the event of denials and delays. This may include initiating green card sponsorship earlier in a foreign employee’s

tenure or using global mobility and foreign placements as a talent management strategy.

Consider litigation. Historically, organizations have avoided bringing suit against the federal govern-ment out of concern that it will bring unwanted scrutiny. But with the advent of BAHA, we have seen employers using federal court litigation no lon-ger as a last resort but as a strategic tool when faced with arbitrary, capricious, and unlawful govern-ment decisions. In working to hold federal agencies accountable for timeliness and adherence to their own rules and regulations, many businesses have seen surprisingly quick success through litigation.

Don’t give up on foreign talent. Although Buy American and Hire American has placed new burdens on employers seeking to hire foreign workers, the picture is not all bleak. By using the strategic skills of their immigration counsel, orga-nizations can navigate the new rules, develop smarter global mobility strategies, and get access to the for-eign talent they need.

Winning the Long Game: Promoting the Domestic Labor Force While Attracting Foreign TalentBuy American and Hire American has thrown plenty of day-to-day chal-lenges in the path of hiring

foreign talent. An even bigger concern is the effect of BAHA on the global competitiveness of the U.S. Along with other developed countries, the U.S. is in the midst of a fierce war for talent. Aging popu-lations and low birth rates are leading many coun-tries to look abroad to shore up their economies and grow their labor force. In the U.S., however, the current administration is on a collision course with these demographic realities.

Although restrictionism may win votes, it makes the U.S. less attractive to foreign talent, whether they are recent graduates or highly skilled professionals. Green card backlogs, restrictions on spousal employment,

Despite rising costs, tougher scrutiny, and greater risks of denial and enforcement, demand for

foreign talent is surging.


less predictability in the immigration process, and the climate of hostility to the foreign-born erode our ability to attract the brightest and best. The data is ominous. Foreign students—a rich source of talent and ideas—are less likely to choose the U.S. In the last two years, the U.S. foreign student population has dropped, both at the undergraduate and graduate levels. At the same time, the U.K. and Canada have seen their foreign student populations increase, as young talent looks for optimal conditions for training and profes-sional development.

Protectionism has winners and losers. If the goal of BAHA is to protect American jobs and industry, then the policy strategy must include U.S. employ-ers—key stakeholders who know how to run and grow businesses, including attracting the best in the world to the U.S. To be on the winning side of the global talent race, we need to create real under-standing about how BAHA is hurting U.S. employ-ers, risking the loss not only of talent but also of work and jobs to other countries. The U.S. national policy should reject harmful restrictions on immi-gration and instead balance appropriate safeguards for U.S. workers with the tools U.S. businesses need to entice foreign talent and grow the economy. We urge organizations to partner with the business

immigration community in advocating for immi-gration policies that promote business growth, job creation, and ultimately the long-term economic health of the country. M

Carmita Alonso is a partner with Fragomen, Del Rey, Bernsen & Loewy LLP, where she advises top global organizations on all aspects of corporate immigration law, including temporary and permanent migration, immigration considerations of mergers and acquisitions, and corporate compliance. She is a member of the firm’s executive committee. She can be reached at + 1 212 688 8555 or [email protected]. Nancy H. Morowitz is of counsel at Fragomen and director of the firm’s U.S. knowledge function. She is executive editor of the Global Business Immigration Handbook (Thomson Reuters), an analysis of the employment-based immigration laws of 20 countries. She can be reached at + 1 212 688 8555 or [email protected].

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POSTEDPOSTEDWORKER?

DO I HAVE A

WORKER?Knowing when

compliance requirements

apply necessitates understanding some

definitions

By Kent O’Neil and Jason Rogers

“P osted worker rules” have become a hot topic of discussion in the European mobility industry and an often confusing headache for com-

pany HR and mobility managers with employees in Europe. Much of what is written on the subject focuses on the compliance requirements of equal pay and employment conditions, “posted worker notifications,” documents to be retained, appoint-ment of company liaisons and representatives, and the intricacies of social security coverage.

Just what is a “posted worker”? This fundamental and deceptively simple question is sometimes given short shrift. However, the answer is the linchpin upon which the compliance requirements hang. If I have a posted worker, I must file the notification, retain certain records, appoint a representative, etc. If my employee does not fall under the defini-tion of posted worker, the specific posted worker requirements do not apply.

EU POSTED WORKER DIRECTIVESTo date, there are actually three European Union directives, often referred to collectively as the posted worker directives. The Posted Worker Directive (96/71/EC) was the first to clarify protections for workers temporarily working in EU member states other than that of their usual place of employment. The goal was to ensure that companies provide their workers with the minimum applicable standards of working hours, pay, annual leave, health and safety, and other legal protections and equal opportunities.

To prevent potential abuse and circumvention of its provisions, the earlier directive was followed by the Posted Worker Enforcement Directive (2014/67/EU). This second directive clarified what provisions the member states were to have in place in order to ensure the worker protections of the first directive. It addressed particulars such as notification to local authorities prior to the posting, record retention, and appointment of local company representatives.

In July 2018, the EU enacted an additional directive (2018/957/EU) revising the previous posted worker directives and further reinforcing the principle of

“equal pay for equal work” between posted workers and local employees. The latest revision defines postings as a maximum of 12 months (extendable for another six) and calls for stricter rules regarding remuneration, temporary agency, and long-term

postings. The various EU member states are to trans-pose these latest changes into their national laws and bring them into full effect by July 2020.

DEFINITION OF ‘POSTED WORKER’The posted worker directives define “posted worker” as:

a person who, for a limited time, carries out his or her work in the territory of an EU member state other than the state in which he or she normally works.

At first blush, the definition appears simple enough. However, as you break it down into its components and apply them to the messy real world of cross-border assignments, that simplicity tends to fade.

Person. While many tend to associate posted workers with EU citizens from low-wage states who are sent to perform work in higher-wage ones, the definition is obviously broader than that. “Persons” referred to in the definition can include individuals employed in any European Economic Area (EEA) state or Switzerland who are temporarily working in another EEA state or Switzerland. While immigration and visa requirements may not apply under EU free-dom of movement principles, posted worker require-ments can still apply. The fact that an individual does not require a visa or work permit does not exempt him or her from posted worker requirements.

Note that “persons” include both EU/EEA citizens and non-EU/EEA citizens. The nationality of the worker is not relevant.

For a limited time. The latest directive on posted workers enacted in 2018 sets an upper limit on the duration of work assignments to which the posted worker requirements apply—12 months, but extendable for another six months. Therefore, once the latest directive is implemented into national legislation (deadline July 2020), if the worker’s temporary assignment is for more than 18 months, he or she is no longer a “posted worker” and will consequently be subject to all working conditions as applicable to local workers.

However, the directives themselves do not define a minimum threshold of assignment duration for posted workers. Unless a particular member state establishes a clear de minimis assignment length under which posted worker requirements do not apply, assignments of even a single day may fall under the definition.


Carries out his or her work. The directives specif-ically identify three types of assignments that are considered postings and thus under the purview of the requirements: intracompany transfers, workers at client sites, and workers at temporary employment agencies. However, this in no way limits the oth-erwise broad scope of the definition. There may be other assignments to which posted worker require-ments apply as well.

Definitions of “work” and “business” applied across Europe and among different agencies can vary greatly. While traditional business meetings are most often considered “business” and not “work,” some authorities are applying posted worker requirements even to visits for business meetings as brief as one day in-country. Gray areas such as providing services in conjunction with the sale of a product often result in confusion on the part of authorities as to whether the posted worker requirements apply.

In the territory of another EU member state. Posted worker regulations apply not only to EU countries, but also, in one way or another, to Iceland, Norway, and Liechtenstein (non-EU EEA countries) and Switzerland. Therefore, both in the posted worker directives and in this article, any reference to EU should be read as referring to these countries as well.

Other than the state in which he or she normally works. The posted worker directives generally apply only to individuals whose normal place of work is within the EEA or Switzerland. However, many adopting EU

member states have expanded their national require-ments for posted worker notifications to include workers sent from outside the EEA as well.

‘REAL-WORLD’ SCENARIOSWhile it is impossible in a short article to enumerate all the potential examples in which posted worker requirements may apply, the following examples illustrate both typical and atypical examples in which posted worker requirements may apply.

Scenario 1: A Polish national employed as a pipefitter at a construction firm in Poland is sent by his employer to work on a water treatment plant construction site for a client in France. His part of the project is expected to take three months.

• Posted worker requirements apply. This is a typical case in which the worker is an EU national employed in an EU member state who is sent by his employer to work on a client proj-ect in another EU member state.

Scenario 2: An Indian national employed as a software engineer at a technology firm in France is sent by her employer to work temporarily at a branch of the same company in Belgium. The assignment is expected to last 11 months, and she remains on the payroll of the French branch.

• Posted worker requirements apply. While the scenario here changes somewhat, the changed

Some authorities are applying posted

worker requirements even to visits for

business meetings as brief as one day

in-country.


facts do not change the result. The fact that the worker in this example is a non-EU national does not exempt the company from posted worker requirements. Likewise, the fact that the worker is working temporarily at a branch of the same company rather than at a client site does not change the result that posted worker requirements apply.

Scenario 3: A U.S. national employed as a biotechnologist at a pharmaceutical company in the U.S. is sent by his employer to work on a research project being conducted at an affiliated company in Denmark. He remains on the payroll of the U.S. company, and the research is expected to take six months.

• Posted worker requirements apply. This sce-nario is less typical, and it may not be obvious that posted worker requirements apply. The definition of “posted worker” found in the EU directives anticipates workers who nor-mally work in one EU/EEA member state or Switzerland who are temporarily working in another EU/EEA member state or Switzerland. However, some countries (such as Denmark) apply posted worker requirements to all work-ers from any country (such as the U.S.) who are temporarily working in the country.

Scenario 4: The same U.S. national biotechnologist as in the scenario above, working on the same research project for six months, accepts employment with the Danish affiliate and is removed from the payroll of the U.S. company and added onto the contract of the affiliate.

• Posted worker requirements do not apply. This scenario demonstrates one of the key factors in determining a posted worker: the country through which the worker is employed. Because the employee here changed his employment from the U.S. to Denmark, he is no longer a posted worker in Denmark.

Scenario 5: A German national employed as a civil engi-neer at an engineering firm in Germany is sent to inspect an ongoing bridge construction project in Ireland. She is flying in Sunday evening, inspecting the site and meeting with contractors on Monday, and returning to Germany late Monday night.

• Posted worker requirements apply. In some countries (such as Ireland), posted worker requirements (such as notification of authorities prior to the posting) can apply for assignments of a duration of as little as one day.

Scenario 6: A French national insurance executive is going on an extended business trip to Spain, where he will be joining other insurance representatives of the same company on visits to clients of the company. The entire trip will last seven days.

• Posted worker requirements do not apply. Under the Spanish posted worker rules, assignments for less than eight days do not invoke the posted worker rules. Therefore, this assignment is exempt from the posted worker notification requirement. The fact that he considers this a “business trip” does not change that Spanish authorities could consider this “work.”

Scenario 7: A weeklong international fintech conference is being held at a resort in Croatia. A tech company in Spain is sending two Spanish national employees from its Barcelona office to the conference. Ana, a software engineer, will be attending, but also speaking at two sessions. Adrian, a technician, will also be attending conference sessions. In addition, Adrian will be install-ing, maintaining, repairing, and uninstalling computer equipment being used at the conference. Neither Ana nor Adrian (nor their company) is being compensated by the conference organizers.

• Posted worker requirements do not apply to Ana, but likely do apply to Adrian. The only difference is the nature of the activity in which they will be engaged. Ana is attending sessions and speaking. This activity is generally not con-sidered work, as she is not being compensated for her speaking. On the other hand, Adrian is likewise attending sessions, but he is also servicing equipment. Even though neither he nor his company is being compensated for his services, the nature of his activity is likely to be considered work.

BE ON THE LOOKOUTWe could discuss an almost infinite number of similar real-world variations of work and business


assignments, and this short article cannot serve as an exhaustive treatise on posted worker requirements. However, we hope that this discussion accomplishes two objectives. First, it serves as a helpful reminder for HR and mobility professionals to be on the lookout for work assignments and business travel that may give rise to posted worker obligations. Second, it serves to illustrate that there is significant variation in laws, pro-cesses, and enforcement across the various EU member states regarding posted worker requirements.

Determining whether posted worker require-ments apply in a particular set of circumstances depends heavily on the jurisdiction involved and the unique aspects of each work assignment and business trip. As in many aspects of global immigration and mobility, the key to successful

compliance is being able to spot the issues and knowing when and where to turn for answers. M

Kent O’Neil is a global legal analyst for Newland Chase. He can be reached at [email protected]. Jason Rogers is vice president, senior global immigration counsel for Newland Chase. He can be reached at [email protected].


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VACCINATION

On 1 February 2019, the Ministry of Manpower (MOM) in Singapore introduced new vaccination requirements for children under the age of 12 that must be met before applying for dependent passes. The new policy requires foreign-born children to be vaccinated against

measles and diphtheria and also pertains to children applying for student and long-term visit passes.

While vaccinations against certain diseases are often encouraged for travel, childhood vaccinations have been a controversial topic since the 1990s, when a study published by a former British doctor, Andrew Wakefield, suggested a causal link between the MMR (measles, mumps, and rubella) vaccine and childhood autism. Although it came to light in 2004 that data in the study was falsified, vaccine hesitancy remains an ongoing concern and is one of the top 10 global health threats listed by the World Health Organization (WHO) for 2019.

Despite ongoing controversy around childhood vaccinations, Singapore maintains a strict stance and requires parents by law to vaccinate their children against measles and diphtheria. As noted on the Health Promotion Board’s National Immunization Scheme website, under the Infectious Diseases Act (IDA), the penalty for noncompliance is a fine of up to 500 Singapore dollars for the first offense and up to SG$1,000 for the second or subsequent offense. Proof of vaccinations is also often required for enroll-ment of children in child care and primary schools, per the website. As a small country with a high population density, Singapore considers vac-cinations an effective way of controlling the spread of preventable infec-tious diseases. When severe acute respiratory syndrome (SARS) first hit Singapore in the early 2000s, Singapore’s tourism, travel, and manufactur-ing industries were severely affected, and GDP growth contracted sharply by 7% in the second quarter of 2003. Alongside the detrimental impacts to its economy, the disease also claimed 33 lives and resulted in a nationwide closure of schools for two weeks.

VACCINATION& MOBILITY

HOW NEW REQUIREMENTS AND ATTITUDES ARE SHAPING IMMIGRATIONBY SU VIEN TAN, GMS

Although there are good reasons for the imple-mentation of this new vaccination policy, how might it affect mobility programs? As with the Singaporean authorities’ stance on childhood vaccination for Singaporean citizens, there appears to be little leeway for exemptions for expatriates under this new policy—the only exception is that those with medical conditions can be exempted if medically certified. As a top destination for expatriates, Singapore has made its way to No. 1 on HSBC’s “Global Expat Report” consistently for the past four years. Safety, high wages, and quality education are some of the many reasons for which Singapore ranked first in a survey of more than 22,000 expatriates from HSBC’s 2018 report.

RESISTANCE TO CHILDHOOD VACCINATIONS With anti-vaccination (“anti-vax”) movements active in Asia and other parts of the world, the policy may be considered by some to have appeared at an inop-portune time and could be perceived as an infringe-ment of rights in certain parts of the world. Anti-vax movements have surfaced for a variety of reasons, ranging from infringement of individual rights to religious, pseudoscientific, and in some cases, legitimate medical concerns. The most recent of these—and closest to Singapore—are the Dengvaxia controversy in the Philippines and the diphtheria controversy in Malaysia.

In the former, the Philippine government had implemented a public immunization campaign in 2017 for vaccinations against dengue shortly after pharmaceutical giant Sanofi Pasteur Inc. released the vaccine Dengvaxia to the market. Dengue is a common cause of death among children in the Philippines, and the vaccine was hailed as a breakthrough in combating the disease when it was first released. It was administered to approx-imately 837,000 students in 2017. However, Sanofi announced in November 2017 that the vaccine could lead to more severe symptoms for people not previously infected with dengue.

Following the announcement, the Philippine government put an end to the immunization campaign, but public fear of its consequences ensued, especially among parents whose children had been vaccinated with Dengvaxia. Although no causal link has yet been established, a total of 65 deaths were reported in April 2018 and were

under investigation by the health authorities. The Philippine public attorney’s office also brought a civil case against Sanofi and health officials behind the campaign for the reported deaths of 14 chil-dren. Most notably, public mistrust of Dengvaxia resulted in a 25% drop in vaccinations against measles. Incidentally, UNICEF also reported a total of 13,192 cases of measles in the Philippines in 2018, the second-highest out of 10 high-risk coun-tries flagged in its research (“Shock Rise in Global Measles ‘a Wake-Up Call,’” Fortune, 1 March 2019).

The diphtheria controversy involved an anti-vax group originating in Kedah, Malaysia, that reportedly spread the view that the injections were part of a plot by enemies of Islam. The diphtheria vaccination was also rumored to contain traces of DNA from pigs, which Muslims consider unclean. The messages resulted in a decline in child vaccinations in Malaysia. The deaths of two children in June 2016 prompted the Malaysian Health Ministry and a state mufti to declare that the vaccinations were halal and recog-nized by Muslim doctors globally, and to instruct Muslims not to believe the rumors.

Outside of anti-vax movements arising in Asia, vaccine hesitancy has also resurfaced as a phenom-enon globally. According to a WHO report, an esti-mated 11,000 people—mainly children—died from measles in 2017. Germany, the Russian Federation, and Venezuela also had large measles outbreaks in the same year, leading to withdrawal of their measles-free certification by WHO. Global vaccine coverage for the first dose of measles vaccine also stalled at 85%, and for the second dose at 67%. A coverage rate of 95% is needed to prevent outbreaks (Reuters, 30 November 2018). Most recently in 2019, the U.S. Centers for Disease Control and Prevention (CDC) also reported 206 confirmed cases of measles nationwide within the first two months of the year—the highest number reported since 1992 (Fortune, 9 March 2019).

WHO defines “vaccine hesitancy” as “the reluc-tance or refusal to vaccinate despite the availability of vaccines.” Vaccine hesitancy can be attributed to several reasons, including complacency, con-venience, and confidence (who.int/immunization/programmes_systems/vaccine_hesitancy/en). According to a survey conducted by the U.K. Royal Society for Public Health (RSPH), 1 in 10 parents had chosen not to give their child the MMR vaccination. The


survey interviewed approximately 5,000 parents in the U.K. on awareness and attitudes toward vaccina-tions. Although most surveyed were educated and had access to information on vaccination programs, many who had refused vaccinations cited side effects and doubts over the MMR vaccine’s effec-tiveness as major reasons. Interestingly, the survey attributed this reluctance to the rise of fake news on vaccinations and a phenomenon known as the illusory truth effect (“Moving the Needle,” RSPH, December 2018): Repeated exposure to fake news has been found to influence a person’s perception of the truth, even if he or she had initially believed the message to be untrue.

EFFECTS ON MOBILITY PROGRAMS Singapore welcomes a large number of foreign expatriate workers every year, with the number of S Pass and Employment Pass holders exceeding 330,000 since 2013 (mom.gov.sg/documents-and-publications/ foreign-workforce-numbers). Foreign talent, languages, and skills are also important for many companies operating in Singapore, where client service centers and corporate functions are established as a hub for further operations in emerging Southeast Asian markets.

The effects of the MOM’s new childhood vaccina-tion have not been fully tested. However, the global phenomenon of vaccine hesitancy could indirectly affect talent pipelining for companies recruiting into Singapore. As noted above, vaccine hesitancy can happen for different reasons, and it could also result in loss of diversity within an organization.

Gabriel Azevedo, a data scientist from Biofourmis, a medical health startup in Singapore, believes that the anti-vax movement is part of a bigger problem of a lack of understanding of science. According to Azevedo, the proliferation of misinformation to an audience with an undiscerning scientific background is dangerous. “There is somehow a lack of trust in science,” he says. “Indeed, there are mistakes in scientific works, and science corrects itself very often. But I also think there is a lack of education that leads to underestimating scientific work. Most people do not know the rigors of scientific experimentation, so they do not know how strong scientific conclusions are. In the case of vaccinations, there is also the fact that people are injecting themselves with something they don’t fully understand, which can be scary and a source for mistrust.”

Brandon Poon, GMS-T, a consultant with relocation experts Mauve Group, also believes that there is more impetus for people to vaccinate if they believe in its benefits. Poon works with many clients in the not-for-profit sector, where vaccinations are often mandatory requirements for short-term work visas in developing countries. He believes that people moving to geo-graphically smaller and highly dense countries such as Singapore are more motivated to vaccinate because of the associated risks. “I personally see a stronger correlation between the willingness to be vaccinated and the particular location the individual is relocating to, rather than whether the purpose of the move is altruistic or work-related,” Poon says. “The perceived risk of falling very ill or being adversely affected by the side effects of a vaccination is likely to have a negative impact on an individual’s wish to be vacci-nated. I sense that the perception of risk is a very big determining factor on either side of this debate.”

How, then, should we as mobility professionals combat any negative effects of the anti-vax move-ment? If education is the key, can organizations tap into the expertise of benefits programs within HR to implement a hybrid of medical and cultural training initiatives?

Though there is no one-size-fits-all approach, there are definitely opportunities to be creative and to approach recruitment strategies from a combination of cultural, religious, and other lenses. M

Su Vien Tan, GMS, is an immigration and mobility adviser. She can be reached at [email protected].


Anti-vax movements have surfaced for a variety of reasons, ranging from infringement of individual rights to religious, pseudoscientific, and in some cases, legitimate medical concerns.


Taking a job in a foreign country can be difficult for even the most dedicated, hard-working employee. For all kinds of reasons, it’s probably even tougher for the partner of that employee.

Those who accompany their partners when they take jobs in foreign countries have always had it tough, especially in regard to their own careers, which often take a hit. Things might be getting better, however, thanks to technological advances and cultural changes that are leading more and more companies to embrace more flexible working arrangements. One online magazine says partners should use technology to take advantage of instant networking possibilities, explore job-seeking resources, and add knowledge through on-demand training that’s available online. If all that fails, maybe it’s time to take another leap and change careers.Source: remote.co

Accompanying partners who are not authorized to work in the host country often find fulfillment in volunteer work. But think twice before acting on your good instincts in Indonesia. Foreigners are not allowed to volunteer unless they have a government-issued working visa. If you don’t have such a visa, you’re volunteering illegally.Source: indonesiaexpat.biz

A best-selling author who has made five international moves to three continents knows the possible challenges of accompanying a spouse on assignment. They include: no work permit, a language barrier, uncredited qualifications, and a lack of family support, especially when it comes to child care. However, she says those obstacles can be overcome through strategies that include undertaking training to become more employable, such as taking a course that enabled her to teach English in Cameroon. She also suggests searching out support groups for the partners of expatriate workers.Source: expat.com

Denmark presents a triple whammy for those whose partners have taken them to that country. First, it’s hard to find a job in Denmark, especially if the assignee partner is on a limited-term contract. Second, stay-at-home spouses don’t have much of a role in Denmark because children there start full-time day care when they’re about a year old. Third, Denmark is expensive, and it’s hard for a family to make ends meet on one salary.Source: howtoliveindenmark.com


Interesting, challenging, and surprising stats and finds around the globe

Mobility MattersBy Jon Ferguson

Currently 30 countries in the world allow spouses of expatriate workers to get work permits, including the U.K., Canada, Australia, and Finland.

Other countries, such as Japan, Malaysia, and Singapore, do not give spouses open permission to work, but they have simplified procedures

that would eventually allow them to have a job.Source: permitsfoundation.com

A nonprofit in Japan known as TELL offers a friendly voice over the telephone for members of that country’s international community who

might be feeling lonely or have other issues they want to talk about. It got its start in 1973 and expanded its services in 1991 to include

in-person meetings with English-speaking therapists.Source: japantimes.co.jp

A survey conducted by a group called Expat Insider asked employees assigned to an overseas job and their partners about

the support they received from their employer. Eight percent said the company paid for child care or schooling; 4% said they got help sorting out child care or schooling; and 3% said they got

help in obtaining a work permit or finding a job for their partner.Source: internations.org

A 2018 story on the website for FIDI, an alliance of professional international moving and relocation companies, cites research

that shows just 1 in 5 employees who take global assignments are women. Also, it shows that 71% of men who move

overseas for their work are accompanied by their spouses, while just 26% of women enjoy the same experience.

Source: fidi.org


Who’s afraid of artificial intelligence (AI)?Very few people in mobility, apparently. Firms

applying AI in the workplace are disproving old canards about humans being booted from the workplace. They are reporting enthusiastic employees, who have been given the gift of time to gain insights into customer needs, sharpen their skills, and pursue career growth.

AI is evolving so rapidly that the term itself evades defini-tion and uniformity. At its most basic, AI teaches technology to analyze data and put human interaction into context. Its cousin known as robotic process automation, or RPA, is streamlining the mundane tasks of data management.

“With RPA, we can give rote tasks to machines,” says Vince DiMascio, chief information officer for global immi-gration firm Berry Appleman & Leiden LLP (BAL). “And intelligent automation is the next level, where we bring in more advanced capabilities such as machine-learning models to help systems become cognitive.”

THE MOBILITY CONNECTIONThe mobility field, with its complex transactions and reliance on client communication and advisory, is “open to improvement from an AI perspective,” says HomeServices Relocation President and CEO Steven John, SCRP, SGMS-T. HomeServices Relocation is a division of Minneapolis-based HomeServices of America, a Berkshire Hathaway affiliate.

Just one example: AI is learning to analyze sentiments, determining whether incoming messages express happiness, satisfaction, or frustration. The relocation consultant who manages an ongoing email stream could easily identify and respond to the upset customer at No. 35 in the queue, as identified by AI as the priority.

“Unless a quick scan shows urgency in a subject line, it’s hard for the consultant to prioritize that email,” says John. “With the right AI tools, you can scan through all of those emails and prioritize them.”

ARTIFICIAL INTELLIGENCE AND MOBILITYBY M. DIANE McCORMICK

COMMITMENTM A K I N G T H E

FIRST STEPSAI adoption does not require major reworking of systems. BAL chose in 2016 to “enable agility” through microservices, which develop “quick, independent systems that tie together, rather than one big system in a monolith,” says DiMascio. Instead of programmers writing software and installing it into systems, microservices quickly created internet-based bots that work nimbly.

BAL selects areas to tackle by evaluating relative value potential, reusability, cost of use, and predict-able outcomes, says DiMascio. Big projects result, but so do quick, easy projects that promote momentum and spread the word among colleagues about the advantages of employing AI.

Successful AI adoption is also facilitating strate-gic plans.

“Enhancing growth, employee satisfaction, cli-ent-service quality—those are pillars of the strategy where AI fits,” says DiMascio. “AI is a mode of get-ting there. It’s not in and of itself a strategy.”

Crown World Mobility started its AI journey with a focus on people in its financial services divi-sion, says Matt Crockett, director of finance and technology. While AI can lower costs and relieve pressure on cumbersome everyday procedures, its primary purpose is “to empower people so they can provide better quality and better customer service,” Crockett says.

Committing to a “quadruple bottom line” meant scrutinizing the effort’s benefits for the customer, the employee, the company, and the environment.

“If it’s not going to be a win for all of the stakeholders, you’re going to have a problem,” says Crockett. To decide which tasks to automate,

Crown created a matrix revealing “the highest-vol-ume, least complex tasks that were least satisfying for humans to do and which had the least variabil-ity in the use case.”

BAL established an “Automation & AI Development Center” to accelerate automation, selecting RPA plat-form UiPath for application across departments. BAL applies AI “wherever we see friction, high-volume repetition, strain due to volume or difficulty, or bore-dom,” says BAL Partner Edward Rios. “Those are the areas where tools like robotic process automation, and eventually AI and more sophisticated systems, will really help human beings fulfill their mandate.”

Global accommodations provider Oakwood Worldwide started by exploring the tools available to support needed functionalities. Officials chose Google’s Dialogflow—giving programmers an easy start in the job of directing computers to answer such customer service questions as available dates and pricing.

The tool, says Shree Khare, vice president of information technology at Oakwood, “is certainly just the starting point. The next step is understanding additional business areas we want to automate and what functions we are looking at.”

HomeServices of America first ventured into AI in 2015, addressing the “pressing need” of cybersecurity, says John. The full-service real estate firm partnered with Microsoft, adapting the cloud-based Exchange Online Protection email filtering service on Microsoft Office 365. An environment delivering a million emails a day offered the “huge repository of data” that AI needs for learning.

“It’s also an area where you’d never be able to do with humans the kind of work that AI is doing,” John says. “You’d need an almost infinite number of peo-ple to handle that kind of volume. It’s significant that AI allows us to tackle tasks that appear unattainable based on manpower alone.”

IMPLEMENTING AND COORDINATING Mobility firms approach AI with deliberation and planning. John believes in collaborating with skilled partners, especially because the field is new and “changing every day.”

“It is an area of sophistication and complexity, so it’s important that we work with the best and the brightest,” he says.

Crown started with two pilot programs, thor-oughly testing its robot and analyzing outcomes.

The challenge to management is leveraging the benefits of AI to attract new business, create jobs, and help staff upskill and reskill.


“Once you’ve seen enough benefit from automa-tion, you can decide if you want to build it into the actual system,” says Crockett.

Crown equipped its financial service center queue management with the logic to make trade-off deci-sions such as assigning expenses to customer service representatives familiar with the client, or those readiest to resolve the issue quickly. The more data the bot received, the better it could be reprogrammed to adjust, says Crockett.

Oakwood focused first on digitizing many core processes, such as direct bookings that allow guests to bypass agents. The next step, says Khare, was enabling guests to converse with chatbots over details such as room availability and length of stays.

The “supervised learning” of feeding good data to the bot and thoroughly scrutinizing results requires a continued investment, says Khare. Because the same question can be asked in many different ways, “AI is interpreting the question and then formatting the context and the intent so we can answer the question appropriately.”

LEVERAGING TIME After Crown trained staff to work with AI, officials gathered with the team to ask who supported the robots and wanted them to remain switched on.

“The hands were up unanimously,” says Crockett. “The robots could address human needs.” One team leader no longer came to work 30 minutes early, because the robot was allocating the day’s assign-ments. An analyst said the robot provided peace of mind about accuracy, and more customers were able to process expenses the same or next day.

From there, Crockett adds, the challenge to man-agement is leveraging the benefits to attract new busi-ness, create jobs, and help staff upskill and reskill.

BAL reinvested the time saved into strengthening the subject matter expertise of staff attorneys respon-sible for keeping clients current with a dizzying global immigration scene, says Rios.

Both BAL and Crown have harnessed the talents of staff eager for training in leading-edge automation. Crown shed a couple of positions by attrition but did not lay off anyone and, in fact, trained willing person-nel for new positions responsible for managing and tuning up the technology.

Oakwood’s chatbot improves the guest experi-ence with 24/7 answers to questions, while it frees

staff to provide more intensive service on thornier issues, such as extending a stay in a particular apartment, says Khare.

“Some things will always require human interac-tion,” he says.

At HomeServices of America, AI has helped staff perform additional duties or improve outcomes through enhanced effectiveness. Evaluating leads, for example, becomes more sophisticated, allowing sales professionals to pursue the most promising ones, John says.

“I’m focused on effectiveness,” he says. “If today I have a 10% capture rate and I want a 50% capture rate, how can AI help me do that in the same amount of time with the same number of people?”

Ideally, AI training equips staff to leverage avail-able tools and pinpoint customer needs according to fact, not feel.

“It’s not about having half as many consultants,” says John. “It really means there are twice as many delighted customers.”

BRIGHT FUTUREChallenges remain as the mobility industry adopts AI. BAL addressed language and empathy divides between technology and nontech personnel through concerted efforts to embed staff in other departments and “walk in each other’s shoes,” says DiMascio. Legal professionals learn computational-thinking terms, while tech professionals build empathy for the pressures attorneys face to resolve human problems.

“In the long run, the benefit makes sense, because you bridge that gap and can move much faster,” says DiMascio.

Oakwood is exploring the use of AI toward the dynamic-pricing model honed by the airline industry,

AI training equips staff to leverage available tools and pinpoint customer needs according to fact, not feel.


says Khare. Capitalizing on years of legacy data, the revenue management team can analyze busy times—and downtimes—for every apartment it owns and set prices accordingly.

HomeServices of America is developing use of Salesforce’s Einstein AI to apply such factors as advanced machine learning, predictive analytics, and neural-linguistic discovery “to help predict future behavior,” says John. “Ideally, it will rec-ommend next steps in working with clients and customers and prospects.”

John cautions that AI isn’t ready for use in all areas. AI’s application and effectiveness should be measured against real need and used only when full development has been proven.

“The worst thing we can do is implement artificial intelligence features that create frustration within

our employee environment or with our customers because they don’t work properly,” he says. “We have to have processes that are really going to work.”

For Crockett, AI applies technology to “make this digital experience more personal. For the customer, it’s asking how we can do things quicker, cheaper, more personally, and provide a more intimate service. That’s front of mind when we’re thinking about what we should do next.”

PART OF THE TEAMMobility firms making the leap into AI are blazing trails for the industry to follow. Artificial intelli-gence, they know, doesn’t replace team members but becomes part of the team by streamlining commu-nications, improving efficiencies, and reenergizing employees focused on delivering personalized, pro-fessional guidance to clients and transferees at every step of relocation. M

M. Diane McCormick is a freelance writer in Harrisburg, Pennsylvania. She can be reached via [email protected].


AI’s application and effectiveness should be measured against real need and used only when full development has been proven.


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F rom global power in the age of sail, to repressive government of the 20th century, to democratic stalwart of today, Portugal has emerged as a pivot point of European business affairs. Expats assigned to Portugal might think they’re living in a dream, immersed in a land of breathtaking beauty and tan-talizingly situated for easy getaways to the Azores—

islands so stunning they’ve been called “the Hawaii of the Atlantic.”The diversification of Portugal’s economy dates to its membership

in the European Community, predecessor to the EU. State-controlled firms have been privatized, while the financial and telecommunications sectors of the economy were liberalized. Financial contraction during the global recession necessitated a financial rescue package from the EU-IMF, with imposition of spending cuts and tax increases. Since a successful exit from that bailout in 2014, the nation has seen recovery, with a GDP of $328 billion driven by record tourism, research and development in new technologies, and strong exports (although econ-omists warn that decades of underinvestment in infrastructure could cause trouble ahead).

Portugal was one of the first countries to recognize the U.S. after the American Revolution, creating ties that last to this day. In fact, the oldest continuously operating U.S. consulate is in Ponta Delgada, on the Azores island of São Miguel. Bilateral trade in goods and services is on the rise, reaching $6.6 billion in 2017. Imports to the U.S. include mineral fuels, machinery, and chemicals. The stock in U.S. direct investments in Portugal reached $1.6 billion, which included the insurance, banking, pharmaceutical, and chemi-cal industries, according to the U.S. State Department.

China gives Portugal such a core spot in its investment strategy—known as the Belt and Road Initiative or the New Silk Road—that President Xi Jinping made a two-day stop in December 2018 to sign coop-eration agreements with Portuguese President Marcelo Rebelo de Sousa.

A diversified economy in a land of idyllic beautyBy M. Diane McCormick

DESTINATION PROFILE:

PORTUGAL


DESTINATION PROFILE: PORTUGAL

Doing Business in PortugalAusterity measures from Portugal’s bailout days have helped the budget deficit shrink from a high of 11.2% in 2010 to 0.5% today—even improving on EU-IMF projections of 3%. While unemployment lingers in the upper range, at 6.7%, it has improved steadily from a high of 18% in 2013.

The tech sector is giving a boost to the economy, and Portugal has now been called “the new land of opportunity for tech startups.” Factors driving developers and global firms such as Mercedes-Benz to establish tech operations in the country include low costs for personnel and real estate, an educated workforce, favorable tax terms, and Portugal’s central location.

Portugal ranks respectably in the World Bank’s 2019 “Ease of Doing Business” report, at 34th worldwide—and in the ballpark of EU neigh-bors France, Spain, and Germany. Trading across borders gets particularly high marks, along with starting a business and obtaining electricity. In fact, that electricity is powered by solar, wind, and hydropower sources. Portugal’s attainment of more than 100% renewable energy in 2018 actually

created a problem due to lack of interconnected-ness with the rest of Europe.

Expats should be aware that the pace of life is leisurely in Portugal, and resolving problems takes time. When told to go about things devagar, it means they should take matters slowly.

Although Portugal has vaulted into the 21st-cen-tury global economy, remnants of old-style hierar-chies linger. Decision-making is less collaborative than top-down. In meetings, expats should defer to senior personnel in the room and should address everyone by Senhor and Senhora until told otherwise.

Meetings should never be scheduled to conflict with family and religious holidays. Expats should dress in dark, conservative, well-made clothing. Building trust is essential to establishing the per-sonal connections needed to make progress.

Despite strict observance of the proprieties, the Portuguese also balance business affairs with an informal, relaxed approach—perhaps a reflection of the easygoing national character.

Portuguese is the official language, although English is often spoken in business settings.

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ImmigrationExpats who are non-EU residents with jobs in Portugal must seek a four-month Portuguese visa before entering. After arrival, they can apply for the Schengen National “long-stay” residence visa (type D). This visa can allow passport-free entry to other EU countries. It’s important to plan ahead, because the process can take up to three months.

After receiving the residence visa, non-EU expats must approach the local Portuguese Immigration

Service, the SEF, for a Portuguese resident per-mit. This one-year autorização de residência can be renewed for up to a total of five years. Expats can bring spouses, legally recognized partners, and minor dependent children to join them by applying for family reunion visas. Relatives on this visa are allowed to work and study, but they must inform local SEF officials beforehand.



Family / LivingLisbon, or Lisboa, the capital, is also the most populous city of this southwestern European nation. Portugal’s southwest coast experiences an idyllic Mediterranean climate, with mild, rainy winters and warm, sunny summers.

With its legacy of trading and exploring, Portugal is a welcoming home to diverse commu-nities from all over the globe. Life in Lisbon, espe-cially, offers a chance to simmer in a multicultural melting pot. The square known as Martim Moniz, named after a 12th-century knight, hosts shops offering Chinese pak choi cabbage, African okra, Indian pickles, and Thai fish sauce. The square’s Mercado de Fusão, or Fusion Market, offers a spot to enjoy a beer, listen to music, and watch Pakistani children play cricket.

Portuguese housing is so reasonably priced that many expats buy their homes. Renters find very good values, too, although rents are usually higher in the cities of Lisbon and Porto. A furnished two-bedroom house in Lisbon can rent for €1,700 to 2,800, while a furnished two-bedroom apart-ment can go for €1,400 to 2,200.

Portuguese houses and apartments can be quite spacious. Modern apartments are usually well-built, while the charm of older, rustic buildings can wear off amid problems with electricity supply and plumbing. Finding accommodations through a rental agent is rec-ommended because, in a market dominated by vaca-tion rentals, long-term rentals aren’t well advertised.

Long-term leases usually cover one year, with two months’ rent and a security deposit paid upfront.

Lisbon offers neighborhood options to suit any lifestyle. Popular with expats are:• Benfica: Step a bit outside center city to the out-

skirts of Monsanto Forest Park, Lisbon’s largest forest park. Public transportation offers reliable jaunts throughout the city.

• Chiado: The beat goes on here, in the heart of Lisbon’s shopping, entertainment, and history district.

• Principe Real: The feel is suburban, funky, and liv-able. Creative businesses in fashion, architecture, and advertising set up shop here, amid boutiques, antiques, bakeries, and cafes.

• Restelo: It’s quiet and roomy in this neighborhood adjoining Lisbon’s famous Belém tourist district. The Estadio de Restelo hosts the local futebol club and music concerts.When friends and family come to visit, a trip to

Avenida da Liberdade is probably in order. “The Avenue,” as it’s known, gleams with high-end shop-ping, pristine parks, and fabulous hotels. For beach lovers, Portugal is paradise. Beaches get crowded in July and August, but the rest of the year—includ-ing temperate spring and fall months—it’s possible to romp on the beaches all along the western and southern coasts. For sports lovers, a trip to Porto and its Estádio Municipal de Braga is a must. After all, where else in the world can you watch a futebol game play out in a stadium carved into a rock cliff?


Health CareExpats who pay into Portuguese social secu-rity, or segurança social, are entitled to access the Portuguese health care system, known as the Servico Nacional de Saude, or SNS. Portuguese health care is considered up to modern standards, ranked at 12th-best globally by the World Health Organization. However, care can be inconsistent and wait times long, so expats typically opt for private health insurance that offers access to private facilities.

TransportationTraffic can be lighter in Portugal than in other European countries, but expats driving cars should be aware. Portuguese drivers are known to employ “aggressive driving habits and high speeds,” contributing to a high accident rate, reports the U.S. State Department.

Another disincentive to drive: Portugal’s reasonable cost of living does not extend to cars. Even junkers can be costly, while public transportation is cheap and efficient.

EducationEducation choices in Portugal include a large number of private schools, many of them faith-based. Class sizes are small, and extracurricular activities are abundant. However, low pay means that classroom teachers are usually young and inexperienced.

International schools in Lisbon offer international, American, and British curricula. Tuition can run as high as €14,000, so expats are advised to look care-fully at their policy options for schooling costs, and plan accordingly.



FinancesThe U.S. and Portugal have a treaty to prevent double taxation. Expats living in Portugal for 183 days or more in a calendar year must register as taxpayers by filing a form known as the fiche de inscrição with the local tax office. Expats typically qualify for the “non-habitual tax regime,” established to attract talent by capping income tax rates at only 20%. Without NHR status, tax brackets rise to 48%.

The cost of living in Portugal is so reasonable that retirees flock there to stretch their pensions. Lisbon’s cost-of-living index is 53.94 on a 100 base. Food is reasonably priced, and seafood and wine are abun-dant—not surprising in a coastal country also famous for its vineyards.

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Unexpected PortugalWhen did the idea of Hogwarts School start taking shape in the fevered mind of J.K. Rowling? Maybe in the 1990s, when she taught English in the city of Porto and frequented the grandiose Livraria Lello, the spectacular bookstore established in 1906. It’s best to visit outside of tourist season, because even an admission fee doesn’t keep away the swarms. But

Harry Potter fans swear they could grab a Quidditch stick and start soaring amid the high ceilings, carved bookcases, and famously ornate staircase. M

M. Diane McCormick is a freelance writer in Harrisburg, Pennsylvania, and a frequent contributor to Mobility. She can be reached via [email protected].

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The Employment Eligibility Verification Form I-9 is required to confirm the identity and employment authorization of individuals hired for employment in the U.S.

Paperless electronic I-9 systems such as Workday offer enticing benefits for HR administrators, including greater consistency, data controls, error reduction, and automated notifications. These systems often include the ability to pre-populate Section 1 – “Employee Information and Attestation” with information previously provided by the employee.

Applicable regulations make clear that the employee must complete Section 1 of the Form I-9, and USCIS’s current Form I-9 instructions state that, “employers and employees are responsible for completing their respective sections of Form I-9.” USCIS issued further guidance in May 2017 stating:

“Employers can offer employees electronic tools to facilitate the Section 1 completion process, as long as this regulatory requirement and the regulatory requirements for the electronic generation of Form I-9 continue to be met.”

Disabling the pre-population function of Section 1 would ensure strict compliance and is safer. However, pre-populating portions of Section 1 on Form I-9 may also be compliant if it can be reasonably inferred that an employee can properly complete Section 1 by:

• reviewing the pre-populated information (such as name, address, and social security number, if employer uses E-Verify),

• completing the missing information, editing as necessary, attesting to the content, and

• signing the Form I-9 electronically.

U.S. employers using electronic I-9 systems that pre-populate sections of the form should create a detailed standard operating procedure to demonstrate good-faith compliance efforts and must periodically conduct internal audits to ensure rigorous compliance.

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Tips and advice from the global talent mobility communityINDUSTRY INSIGHTS

Employees identified as legally entitled to work in the U.S.—whether by I-9/e-Verify process confirmation or through a legally approved foreign worker visa petition such as an H-1B visa—are entitled to the same battery of protections of U.S. employment laws as are U.S. citizens. Specifically, they are uniformly covered by various federal laws such as the Fair Labor Standards Act (FLSA), the Affordable Care Act (ACA), inclusion on EEO-1 reports and Occupational Safety and Health Administration (OSHA) report sub-missions, and in particular, the Family and Medical Leave Act (FMLA).

However, because the legality of ongoing U.S. residency of visa holders is governed by continued employment, employers often have questions about state and federal FMLA laws and the ability of their visiting guest workers to take advantage of them.

There are a few relatively straightforward rules that employers should keep in mind:1. As long as visa-based employees are being paid by

their employer, they are presumptively employed. So, any paid time off continues their employment as if they were at work.

2. Additional unpaid leave will be protected for visa holders if it is specifically qualified under federal or state law. It is important that the employer properly classify the employee and the type of leave for which they are approved and provide legally suf-ficient documentation to the employee in case it is requested by federal authorities.

3. Unpaid leaves extending beyond FMLA entitlement limits may still be in the clear if they are for medical reasons, approved by the employer, and the H-1B holder maintains all needed documentation to produce when requested by U.S. Citizenship and Immigration Services (USCIS). An example might be a pregnancy complication that results in an extended medical leave of absence. In these circumstances it is highly recommended that the visa holder and the employer work together to develop appropri-ate documentation, contemporaneous to the leave

request(s)—and, in so doing, avoid an 11th-hour substantiation trap, which might develop years later.

4. Problems can arise, however, when extended leaves are not for medical or other emergency reasons, even where the employer might have a well-formu-lated and -publicized rule around the entitlement. Unpaid sabbaticals or community service–related leaves are good examples. In these circumstances, H-1B visa holders stand a more substantial chance of running afoul of the law, even if they have their employer’s permission to take the leave, since the overriding purpose of an H-1B visa is to maintain employment in the U.S. The services of an experi-enced immigration attorney or consulting adviser could be extremely important in this circumstance.

The one exception to the problematic nature of nonmedical unpaid leaves occurs when the leave is taken outside U.S. borders: Not only will the visa holder not be physically present to be challenged by immigration officials, but time spent outside the U.S. may be “recaptured” and applied to the overall six-year limit (three-year initial term with one three-year renewal) avail-able to H-1B visa holders. As always, impecca-ble record keeping, including travel itineraries, plane ticket receipts, passport entry and exit stamps, and approval letters from the sponsoring employer, are an absolute must.Navigating the waters of leave administration for

visa-based employees can be tricky, but it will always be easier if the employer focuses on three issues: (a) having detailed policies in place that incorporate state and federal law entitlements and administering them fairly; (b) keeping detailed documentation, including leave requests and approvals, time and pay records, and travel documents; and (c) having a legal resource upon which to draw, whether in-house or outside counsel experienced in the practice of immigration law. M

Bob Greene is channels manager and sales trainer with Ascentis. He can be reached at [email protected].

Administering Leave for H-1B Visa EmployeesCHOPPY WATERS, BUT CERTAINLY NAVIGABLEBy Bob Greene


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BUY AMERICAN, AMERICAN · Ben Willis DEPARTMENTS PG 6 CALENDAR OF EVENTS PG 10 TIPS & TRENDS Making the Most of Multilingual Conference Calls By Micah Bellieu ... Hewlett Packard