Immigration Compliance: Reducing the Cost and Fear of Conducting Internal Audits Lynden D. Melmed Partner Berry Appleman & Leiden LLP June 2015 =

About BAL 35 Years Immigration Experience 90+ Attorneys Solicitors Immigration Managers 575+ Employees AMERICAS EMEA ASIA PACIFIC

Impediments to Internal Audits CostTimeFear

Traditional Audit Triggers  Government Investigations  Internal Employee Complaint(s)  Private Party Litigation

Future: Proactive Audits  Vendor requirements and credibility  SEC/Investor obligations  C-Suite inquiries  Establish credibility with government  Program enhancement

Benefit: Control the Scope of the Inquiry  Narrow the topic (i.e. visa category) that is reviewed  Limit the facts (i.e. files or people) that are reviewed  Spread out your review (i.e. review different parts of program in different years)

Benefit: Control Who is Involved  Identify internal partners who will work collaboratively  Minimize risk that derogatory information will go beyond necessary parties  Reduce timeframe to conduct the audit

Benefit: Protect Company  Counsel should play key role in creation of any document (preserve attorney-client privilege)  Control format of audit results (written, verbal, level of detail)  Include remedial steps in audit results

Sample Audit: Short-Term Business Travelers  Goals:  Start to finish: 3 weeks  Budget: price of a green card (i.e. <10k USD)  Validate whether employees are complying with short-term travel rules  Identify weaknesses in company policies or procedures

Sample Audit: Short-Term Business Travelers  Step #1: Scope  Establish attorney role to best protect privilege  Identify destination country  Pull internal policy and process documents  Randomly select travelers (10-15)

Sample Audit: Short-Term Business Travelers  Step #2: Factual Review  Telephone interview of business travelers  Review individual travel documents, if any (i.e. invitation letters)  Review payroll records  Communicate with managers

Sample Audit: Short-Term Business Travelers  Step #3: Policy Review  Analyze the written policy and process document to determine whether gaps are addressed  Determine whether employees and managers were aware of policies (i.e. training and education)

Sample Audit: Short-Term Business Travelers  Step #4: Report  Summary or detailed written report  May include remedial actions taken or planned  Careful dissemination  Telephone/In-person Briefing

Conclusion Fastest, cheapest and easiest way to elevate your global immigration program. Peace of mind in the event there is a government investigation or internal complaint. Supports your business partners by establishing and maintaining credibility

Questions Lynden D. Melmed Berry Appleman & Leiden LLP