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Global Mobility: An Overview for Human Resource Professionals

Editor: Poorvi Chothani

Articles by Amit Acco, Enrique Arellano, Ted Badoux, Maria Jockel, Timur Beslangurov, Ruslan Bocancea, Marla Bojorge, Renuka Cavadini, Héctor Gabriel Celano, Poorvi Chothani, Zahida Ebrahim, Chisato Higashio, Frank S. Hong, Tsvi Kan-Tor, Catherine Lau, Gunther Mävers, Marco Mazzeschi, James Minamoto, Jacqueline Nyabwa, Russel L. Rodriguez, Sonal Sejpal, Maria Luisa Soter, Lozano A. Tan, Sithie Tiruchelvam, Karl Waheed, Jeremy A. Weber, and William F. White

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Outline Bios BUY NOW!

Indian companies are going global, with several of them establishing units or taking over existing businesses across the world. Almost every such action requires the deputation of local staff overseas. At the minimum, employees need to travel for business meetings, technical briefings, or contractual negotiations among a number of other things. They either need work permits or at least business visas to facilitate such travel. In some instances it is possible to affect an intra-company transfer. A clear understanding of the requirements of different countries is crucial to avoid visa violations and appurtenant penalties.

This book provides an overview of the visa and work permit requirements for twenty-six countries that are important from an Indian perspective. Poorvi Chothani, the Editor and author of three chapters, is licensed to practice US, UK and Indian immigration law.

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  • Argentina by Héctor Gabriel Celano
  • Australia by Maria Jockel
  • Brazil by Maria Luisa Soter
  • Canada by Jacqueline R. Bart
  • The People's Republic Of China by Frank S. Hong
  • France by Karl Waheed
  • Germany by Gunther Mävers
  • Hong Kong by Catherine Lau
  • India by Poorvi Chothani
  • Israel by Tsvi Kan-Tor and Amit Acco
  • Italy by Marco Mazzeschi
  • Japan by James Minamoto and Chisato Higashio
  • Kenya by Sonal Sejpal and Jacqueline Nyabwa
  • Mexico by Enrique Arellano
  • The Netherlands by Ted Badoux
  • The Philippines by Lozano A. Tan and Russel L. Rodriguez
  • Romania by Ruslan Bocancea
  • Russia by Timur Beslangurov
  • South Africa by Zahida Ebrahim
  • Spain by Marla Bojorge
  • Sri Lanka by Sithie Tiruchelvam
  • Switzerland by Renuka Cavadini
  • Thailand by Jeremy A. Weber and William F. White
  • United Kingdom by Poorvi Chothani
  • United States of America by Poorvi Chothani

EDITOR

Poorvi Chothani is the founder and Managing Partner of LawQuest, a full service law firm that offers global migration services. Having been admitted to the Bar in India in 1984, Poorvi received an LLM from University of Pennsylvania Law School in 2003. She is licensed to practice in New York and is also a registered, practicing Solicitor, England and Wales. She can be contacted at poorvi@lawquestinternational.com.

CONTRIBUTING AUTHORS

Amit Acco Partner at Kan-Tor & Acco, Ramat Gan - Israel; Member of the Israeli Bar since 2000. Amit received his legal education at the Thames Valley University, (UK). He frequently appears as a speaker on current corporate immigration and employment issues at national and international conferences. Amit is a member of the IBA (International Bar Association) and the IPBA (Inter-Pacific Bar Association), member of the labour and immigration committee and vice chair of the Scholar committee of the same organisation. Amit was selected to be an MS Lin scholar to the 14th Annual IPBA Conference 2004 in Seoul, Korea. Amit is recognized as one of the leading Israeli immigration lawyers for corporate immigration by Who's Who Legal.

Enrique Arellano is the founder and senior partner of Enrique Arellano Rincon Abogados, S.C., specializing in Mexican corporate immigration law since 1976. The firm is committed to delivering high-quality, professional immigration services to a wide variety of multinational companies. The main offices are located in Mexico City, with regional offices in Monterrey, Guadalajara and Saltillo. Mr. Arellano is a graduate of the Universidad Nacional Autonoma de Mexico (UNAM) Law School, where he used to serve as the immigration specialist on the University's Board of Regent's Legal Committee. He served as a member of the Immigration Commission for the National Development Plan during Mexican President Ernesto Zedillo Ponce de Leon's term.

Ted Badoux is a co-founder of the firm Everaert Advocaten with offices in Amsterdam. His firm has been a prominent advisor to the Dutch government as regards the new Dutch immigration laws that will become effective in 2012. Ted Badoux, an attorney for over 30 years, is specialised in corporate immigration. He is a faculty member of the American Immigration Lawyers Association. Ted's practise division has a strong international client base in the IT consultancy,outsourcing sector, banking and finance. Ted represents the Netherlands for immigration and naturalization law in the International Bar Association and he is a faculty member of the American Immigration Lawyers Association.

Jacqueline R. Bart is a Certified as Immigration Specialist by the Law Society of Upper Canada with over 20 years of experience in immigration law and the author, co-author and/or editor-in-chief of five (5) immigration law books, including a 2500+ page Canada/US Relocation Treatise updated quarterly. All five books are published by either Thompson Reuters, LexisNexis or Oxford Press. Ms. Bart has presented before the WTO, IPBA, IBA, UIA, AILA, INBLF, CBA, OBA, LSUC, Insight, Institute, National Club, and various other bar associations and venues. She has held various positions as an elected executive offer of national and international bar associations. Ms. Bart is the President of the Immigration and Nationality Commission of the International Association of Lawyers and Vice-Chair of the Employment and Immigration Committee of the Inter-Pacific Bar Association. She is the Vice Chair of the ABA International Immigration Committee. Bartlaw is a full service immigration law firm including corporate, individual, business immigration, IAD and IRB Hearings and Appeals and Judicial Reviews at the Federal Court of Canada.

Timur Beslangurov graduated from the Moscow State Institute of International Relations, where he received a law degree in international affairs. Timur joined VISTA Foreign Business Support in 2001 and has been the firm's managing partner since 2003. Timur specializes in civil, corporate and immigration law. Having 10 years of experience in the immigration field, Timur is a frequent speaker at a variety of seminars and conferences both in Russia and abroad. He has written a number of articles on immigration laws and practice and contributed to major expatriate mass media editions. Timur frequently consults Russian federal agencies, members and committees involved in the development of immigration laws.

Ruslan Bocancea is the founder of Bocancea Law Firm, an immigration law firm with offices in Minneapolis and Bucharest. Mr. Bocancea is a member of the AILA's Rome District Chapter (RDC) and the AILA's MN/Dakotas Chapter, and serves as a member on the RDC's Consular Liaison Committee and the Membership Development Committee, as a member on the AILA 2013 Upper Midwest Immigration Law Conference Planning Committee, and as MN/Dakotas' Congressional Liaison. Before attending law school, Mr. Bocancea served in the public sector, including at the South Dakota Legislature and Attorney General's Office, and the Minnesota State Senate. He was also an investigative intern at Georgetown Law Center's Criminal Justice Clinic in Washington, DC. While in law school and before opening Bocancea Law Firm, Mr. Bocancea clerked at the Federal Defender's Office and also interned for the Honorable Michael J. Davis and Honorable Susan R. Nelson at the United States District Court for the District of Minnesota. Mr. Bocancea also served as a certified student attorney on behalf of the City of St. Louis Park, Minnesota, where he prosecuted criminal offenses, and also served as a law clerk for a national criminal defense firm, where he assisted with appellate work before the United States Eighth Circuit Court of Appeals.

Marla Bojorge is the owner of Bojorge & Associates, an international corporate and immigration law firm located in Valencia, Spain. The firm specialises in finding the right legal solution for each client's unique circumstances. Ms Bojorge previously practised in Switzerland (Tribunal de Première Instance-Suisse) and the United States (Kavanagh Maloney & Osnato LLP Manhattan, New York), and is a member of theInternational Bar Association (IBA). Ms Bojorge received her degree in law in Spain (1995); her Master's in business (2005), and after living in Beijing, she obtained her degree in law in 2008. She is selected as a PenalNet Lawyer. PenalNet is an initiative supported and co-financed by the programmefor Criminal Justice 2007, from the Directorate-General for Justice of the European Commission. She is also a Fellow of the Centre for International Legal Studies (CILS, Austria).

Renuka Cavadini, born in India and raised in Geneva, completed her law degree at the University of Geneva in 1998. She later did her masters in corporate law at the New York University. After a pupilage at Poncet Turrettini Amaudruz & Partners and a summer internship at Sidley Austin Brown & Wood LLP, she worked as in-house counsel for her family before returning to the bar in October 2000. In 2005, she founded the Swiss-India Business Forum, a non-profit association aimed at encouraging the economic interests of Swiss and Indian companies. In August 2009, she created her own firm: Cavadini, Golovtchiner & Nikolic (www.cgnlegal.ch) where she continues her practice as a corporate and immigration lawyer.

Héctor Gabriel Celano, born in Argentina, graduated as a Juris Doctor from the University of Belgrano Law School. He participated in exchange programs at San Francisco State University where he completed his law studies. After working at top law firms in Buenos Aires, Mr. Celano founded "Celano& Associates", a young and dynamic law firm based in Buenos Aires that for over a decade has been helping immigrants and companies relocate, live and do business in Argentina. Mr. Celano is licensed to practice law in Buenos Aires Capital and Province Districts, he is licensed with the Argentine Supreme Court and he is a registered attorney at the Argentine Immigrations Department

Zahida Ebrahim is a director at ENS (Edward Nathan Sonnenbergs) and has 7 years experience in litigation, insurance and the immigration law. Zahida has an LL.B. degree from the University of the Western Cape and also done a Course in International Business Transactions from the University of the Western Cape in collaboration with Howard University, USA. She has written the chapter on immigration issues for Labour Law for Managers: A Practical Handbook, as well as a chapter in, Getting the Deal Through's Labour and Employment Law publication. Zahida has also co-authored the South African Country Chapter in the Employment Law Review 2010, and was selected to write the South African Chapter on Corporate Immigration in Oxford University Press' Corporate Immigration Guide 2010.

Chisato Higashio is a Japanese lawyer and a Special Counsel of Anderson Mori & Tomotsune. Ms. Higashio primarily works in the field of corporate law, with a particular focus on matters regarding labor and employment, including business visas. She is a graduate of Tokyo University and Duke Law School where she acquired an LL.M. degree, and is admitted to practice in Japan. She mainly serves multinational companies doing business in Japan.

Frank S. Hong is the founder and President of ABW International with offices in Mainland China, Hong Kong and California. He focuses on Foreign Direct Investment, China-related cross border investments, Global Employee Mobility, M & A, Private Equity and other international business transactions. Frank graduated with a Juris Doctor Degree from the University of Miami School of Law, where he was a recipient of the Dean's Honor Full Scholarship for three years. Mr. Hong graduated from Beijing Normal University with a bachelor degree in 1993. He regularly contributes to leading national and international publications.

Tsvi Kan-Tor bio text

Catherine Lau has an LL.B. degree from the London University, assists domestic and multinational companies with immigration requirements relating to the transfer and hiring of foreign staff in Hong Kong. Ms. Lau has particular expertise in investor visa categories, including the employment (investment) visa for investors to establish or operate a business in Hong Kong, and the Capital Investment Entrant Scheme for investors to secure residence in Hong Kong via a qualifying capital investment. Ms. Lau is experienced with employment-related visa options for foreigners wishing to enter Mainland China and Taiwan for employment. She is also familiar with immigration and advises on visa options for various countries.

Gunther Mävers is partner at Mütze Korsch Rechtsanwaltsgesellschaft (MKRG). He works in the Cologne office and is mainly concerned with individual and collective labour law including corporate related law matters. His work focuses on advising internationally operating companies in questions on cross border issues. He also has great experience in immigration law, particularly visa and work permits. Dr Mävers is listed at one of the leading German corporate immigration lawyers in "The International Who's Who of Corporate Immigration Lawyers 2011". He speaks frequently at the IBA Immigration & Nationality Law Committee sessions and is vice chair of said committee. He is also involved in client seminars on labour and corporate immigration law.

Marco Mazzeschi has more than 15 years experience in business and corporate immigration and he is considered one of the leading immigrations lawyers in Italy. He is the founder of Mazzeschi Srl, with offices in Rome, Milan and Florence. Mr. Mazzeschi is a graduate of the University of Siena (1985). He obtained a post-graduate diploma in Administrative Law at the Academy of Public Administration (1995). He is admitted to the Bar of Milan, is a member of the American Bar Association, the American Immigration Lawyers Association and the International Bar Association. Mr. Mazzeschi is listed in the Who' who of Corporate Immigration Lawyers and in the Leading 100 Lawyers, as one of the leading immigration practitioners in Italy.

James Minamoto is an American lawyer and a Senior Foreign Counsel of Anderson Mori & Tomotsune. Mr. Minamoto's practice includes cross-border corporate transactions and litigation. He assists non-Japanese, overseas companies by coordinating their business activities in Japan, including establishing a business presence, business visas and employment, antimonopoly and competition regulation, joint ventures, M&A and strategic alliances. Mr. Minamoto has particular expertise in smoothly and efficiently managing and coordinating legal assignments and projects involving Japanese or US law, and ensuring that legal services meet international standards. He is a graduate of Cornell University and the University of Pennsylvania School of Law, and is admitted to practice in New York and in Japan as a special foreign member.

Jacqueline Nyabwa is a Senior Associate at Anjarwalla & Khanna, a leading law firm in Kenya. Her practice focuses mainly on banking, oil and gas, project finance, mergers and acquisitions, conveyancing and intellectual property. She has experience undertaking due diligence and drafting commercial agreements. She has assisted partners in reviewing and drafting of loan and facility agreements and advising lenders on creation and perfection of securities. Jacqueline is a graduate of the University of Nairobi with a Bachelor of Laws degree. She is an Advocate of the High Court of Kenya and a member of the Law Society of Kenya.

Russel L. Rodriguez has a Bachelor of Arts (B.A.) degree in Political Science, cum laude and a Bachelor of Laws (Ll.B.) degree from the University of the Philippines in 1996 and 2001, respectively. He was admitted to the Philippine Bar in 2002. His practice areas include insurance law, labor and employment law, as well as immigration and deportation cases.

Sonal Sejpal has been a fulltime legal consultant with Anjarwalla & Khanna, a leading law firm in Kenya, for 14 years. Her practice focuses mainly on aviation, banking, employment, infrastructure projects, project finance, mergers and acquisitions, and capital markets. Sonal is a regular speaker at various Euromoney and other seminars on various aspects of commercial law and banking. She has contributed to "the Analyst", a business magazine in Kenya, The International Law Office and "The Advocate", the official Law Society of Kenya magazine. She has also contributed to The International Comparative Legal Guide to Commodities and Trade Law 2005, Euromoney Privatisation & Public Private Partnership Review 2003, 2004, 2005 and 2006, and the Kenyan chapters for Aircraft Finance: Registration Security and Enforcement and Aircraft Liens & Detention Rights published by Sweet & Maxwell. Sonal is a Bachelor of Laws graduate from University of Westminster, England. She practised as a Solicitor in England for over 11 years (6 of them as partner) with a leading city of London firm, Franks Charlesly & Co. before returning to Kenya as a consultant with Anjarwalla & Khanna. Sonal is a Solicitor of the Supreme Court of England and Wales. She has over 25 years practice experience and has been ranked first in Kenya by various international directories:

Maria Luisa Soter bio text

Lozano A. Tan has a Bachelor of Law (LLB.) degree and a Bachelor of Science and Commerce degree from the prestigious University of Santo Tomas. He has been in active law practice for the last 32 years and has specialised primarily in labour and industrial relations and human resource management counseling. His key areas of expertise range from Collective Bargaining Negotiations, Labor-Management Cooperation Programmes, Preventive Labor Relations, Labor Mediation, Conciliation and Litigation.

Sithie Tiruchelvam bio text

Karl Waheed, member of the New York (1987) and Paris (1993) bars, founded Karl Waheed Avocats, an eighteen person law firm dedicated exclusively to corporate immigration. Karl Waheed Avocats was retained in 2006 by the French Ministry of Labour to present a white paper on corporate immigration in France. Karl obtained his Juris Doctorate at Stetson Law School, Gulfport, Florida (1985) and Diplôme des Etudes Approfondies in European Law at the Sorbonne (1986). He frequently publishes articles and speaks and on subjects of interest to international mobility experts at conferences organized by the American Immigration Lawyers Association, the American Bar Association, the International Bar Association and the Union Internationale des Avocats.

Jeremy A. Weber is a Partner of White & Weber Ltd. with offices in Bangkok, Ho Chi Minh City and the United States. A graduate of the University of Kentucky College of Law and licensed in the Commonwealth of Kentucky and U.S. Federal Tax Bar, Jeremy A. Weber has been handling U.S. immigration matters, U.S. federal taxation, and estate planning since joining the firm focusing on SE Asia.

William F. White is Senior Partner and Managing Director of White & Weber Ltd. A graduate of St. Louis University School of Law and licensed in the State of Missouri, William F. White has been handling US immigration matters in SE Asia for almost 20 years as well as handling international civil and criminal matters.

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