immigration compliance: reducing the cost and fear of conducting internal audits lynden d. melmed...

Immigration Compliance:

Reducing the Cost and Fear of Conducting Internal Audits

Lynden D. MelmedPartner

Berry Appleman & Leiden LLP

June 2015

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About BAL

35Years

Immigration Experience

90+ Attorneys Solicitors

Immigration Managers

575+Employees

AMERICAS

EMEA

ASIA PACIFIC

Impediments to Internal Audits

CostCost

TimeTime

FearFear

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 travelersReview individual travel documents, if any (i.e.

invitation letters)Review payroll recordsCommunicate 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. MelmedBerry Appleman & Leiden LLP

lmelmed@balglobal.com202.258.7911