Navigating Global Mobility with Foster LLP: Immigration as a Talent Strategy

How immigration, compliance and cross-border mobility are reshaping international talent strategies

Oxana Bowman — Partner, Foster LLP (Houston) — fosterglobal.com

For companies expanding internationally, moving employees across borders has become one of the most complex challenges in HR. Navigating immigration regulations, compliance obligations, and workforce planning requires both legal precision and strategic thinking and for many organizations, global mobility is now a critical driver of growth and operational continuity.

Based in Houston, Oxana Bowman is a Partner at Foster LLP, one of the leading immigration law firms in the United States. She was recently recognized in the 2027 edition of The Best Lawyers in America® for Immigration Law. Specializing in employment-based immigration, employer compliance, and global mobility, she advises companies on how to move international talent with confidence. A thought leader with deep expertise in immigration, she agreed to share in this interview her perspective on what today's HR leaders need to anticipate.

Q. To start, could you briefly introduce yourself and tell us about your role at Foster, as well as the types of companies you advise?

A. I'm a Partner in Foster LLP's Houston office, where I focus on business immigration and global mobility matters, including nonimmigrant visas, PERM labor certifications, multinational manager and executive petitions, Outstanding Researcher cases, and National Interest Waivers.

I work with a diverse client base ranging from early-stage startups and entrepreneurs to multinational and Fortune 500 companies across industries such as energy, technology, engineering, manufacturing, and professional services. A significant part of my practice involves advising French companies and founders establishing or expanding operations in the United States. As an active member of the French-American Chamber of Commerce Texas since 2014, I have had the opportunity to work closely with the French business community, helping companies navigate U.S. immigration strategies that support growth, talent mobility, and long-term business objectives.

Q. The U.S. immigration landscape has evolved significantly in recent years and continues to change. From your perspective, what are the biggest challenges HR teams face today when hiring and relocating international talent into the United States?

A. One of the biggest challenges HR teams face today is balancing business needs, talent shortages, and increasingly complex immigration processes. Immigration can no longer be treated as a last-minute hiring solution; it requires strategic workforce planning.

Companies often need to move key personnel quickly to support expansion, launch new projects, transfer proprietary knowledge, or serve critical clients. However, visa processing times, consular delays, and evolving compliance requirements can make timelines difficult to predict. Recent policy changes have also increased the importance of thorough documentation and advance planning.

Retention is another significant challenge. Bringing international talent to the United States is often only the first step. For employees born in high-demand countries, the path to permanent residence can take years, requiring employers to think strategically about long-term career development, mobility, and retention.

For multinational organizations, mobility planning has become even more complex as immigration considerations must be coordinated with tax, payroll, employment law, and broader business objectives across multiple jurisdictions.

The most successful HR teams treat immigration as a strategic business function. Organizations that plan ahead and align mobility strategies with business goals are often best positioned to attract, relocate, and retain global talent.

Q. When a European company, particularly a French company, expands into the U.S., at what stage should immigration strategy enter the conversation, and why?

A. As early as possible, ideally before the U.S. entity is established or expansion plans are finalized.

A factor many companies overlook is that corporate structure can directly affect future immigration options. Whether the U.S. operation is established as a parent, subsidiary, affiliate, branch, or joint venture may determine eligibility for certain visa categories. Decisions made early in the expansion process can create opportunities, or limitations, for future talent mobility.

I encourage French companies to consider immigration strategy alongside corporate, tax, and business planning. Early planning helps align the company's structure, staffing needs, and expansion timeline while preserving flexibility.

This is particularly relevant as more French companies invest in the United States, especially in sectors such as technology, energy, manufacturing, and innovation. The earlier immigration is part of the conversation, the more options a company typically has.

Q. What are the most common misconceptions you see among international companies regarding U.S. immigration and workforce mobility?

A. One of the most common misconceptions is that immigration can be addressed after key business decisions have been made. In reality, immigration strategy should be considered early, because corporate structure, staffing plans, and business objectives can all affect available options.

Another misconception is that there is a single visa solution for every employee. The appropriate strategy depends on factors such as the employee's role, qualifications, nationality, and the relationship between the foreign and U.S. entities.

Companies also frequently underestimate the planning required for long-term retention. While transferring an employee may be relatively straightforward, retaining that employee often requires early consideration of permanent residence options and broader workforce planning.

For European and French companies, my advice is simple: start the immigration discussion as soon as you begin evaluating U.S. expansion. Early planning creates flexibility, avoids surprises, and helps support a smoother market entry.

Most importantly, U.S. immigration should not be viewed as a barrier to growth. When approached strategically, it can be a powerful tool for supporting expansion, mobility, and access to talent.

Q. What are the key actions HR leaders should take today to anticipate future immigration challenges and build a more resilient workforce mobility strategy?

A. HR leaders should focus on three priorities: planning early, integrating immigration into workforce strategy, and investing in talent retention.

With 72% of employers reporting difficulty finding skilled talent globally, organizations that forecast workforce needs well in advance are better positioned to secure and relocate critical talent. International talent also plays an increasingly important role in the U.S. economy. In 2025, foreign-born workers represented 19.1% of the U.S. labor force, underscoring the importance of global mobility as a business and talent strategy.

For European and French companies, this means involving immigration counsel early when evaluating expansion plans, corporate structure, and hiring needs. Proactive planning helps reduce delays, improve mobility, and support long-term growth.

Treat immigration as a strategic business investment, not an administrative process.

Q. Many HR leaders hear the word "compliance" every day, but what does good immigration compliance actually look like in practice for a company operating in the U.S.?

A. Good immigration compliance goes far beyond filing petitions correctly. It means integrating immigration considerations into a company's broader corporate compliance and workforce planning framework.

In practice, businesses should evaluate immigration implications whenever there are significant organizational changes, including mergers and acquisitions, restructurings, promotions, changes in job duties, remote work arrangements, or international transfers. These developments can directly affect work authorization and immigration obligations.

The most successful companies recognize that immigration does not operate in isolation. HR, legal, payroll, tax, and corporate leadership should work together to ensure talent mobility remains aligned with business objectives.

Ultimately, effective compliance is proactive rather than reactive. Companies that maintain strong internal processes, train key stakeholders, keep accurate documentation, and seek guidance early are better positioned to support growth while minimizing risk.

Q. As immigration policies continue to evolve, what advice would you give HR leaders and companies to successfully navigate change while continuing to attract and support international talent?

A. Stay proactive, stay flexible, and treat immigration as part of your talent strategy, not just a legal function.

Immigration policies, processing trends, and mobility requirements will continue to evolve. The organizations that adapt most successfully are those that plan ahead, build flexibility into their workforce strategies, and avoid relying on a single immigration pathway.

For HR leaders, this means:

• Integrating immigration planning into broader workforce and business planning.
• Evaluating immigration implications before restructurings, acquisitions, relocations, and promotions.
• Developing long-term retention strategies for international employees.
• Maintaining strong compliance and documentation practices.
• Working closely with immigration counsel to anticipate changes rather than react to them.

For European and French companies, I would encourage them to view immigration as an enabler of growth. The United States remains one of the world's most dynamic markets, and businesses that invest in workforce mobility planning are often better positioned to attract talent, support expansion, and capitalize on new opportunities.

Ultimately, the companies that navigate change most effectively are those that make immigration part of their overall business strategy.