This time your vote is crucial for the future of ATA. Please read.

September 30, 2019 § 2 Comments

Dear colleagues:

Another year went by and several fellow interpreters and translators are getting ready to go to Palm Springs, California, for the annual conference of the American Translators Association (do not let the name misguide you, it includes many interpreters even though for political reasons it was decided not to include us in the name of the organization). Besides the main reasons many attend the conference: seeing old friends and attending some presentations with the never-ending hope to learn something, the yearly gathering is also the opportunity active members have to vote on the future of the association by electing board members and passing or rejecting proposed amendments to the bylaws.

Many of you skip the general meeting because you find it boring, too long, and always the same. I know many more active members who will not go to Palm Springs and have decided not to vote by proxy because they are discouraged with performing board members. I understand your reasons and I have always respected your decision to abstain. Unfortunately, this time is different and I encourage you; actually, please, please vote.

I usually give the reasons I voted for or against a candidate or amendment, and I will do it right now.

Voting is very important because democracy is our legitimate way to have a saying on the direction a country, business or association is going at a particular time. Democracy and ATA are not usually two terms we put together, after all, until we change it, we continue to be an organization where all members pay the same membership, but many do not get to enjoy the same rights, including the right to vote. That must change before the 2020 conference.

There is something else we can change with our votes this year: it is time to let members from outside the board be elected. The way our current board operates resembles more the system of the Soviet Politburo than a Greek democracy. Board members go through a “promotion system” where they are groomed to take over the position, assuring the continuity of the same policies and protecting the special interests that pull the strings. Interpreters and translators are well-read, sophisticated individuals who know there has never been a true democracy in history without opposing points of view alternating in the highest decision-making positions. Let’s get back to the election:

To be worthy of my vote, a candidate has to acknowledge we are a group of professionals, not a gathering of agencies or merchants. I believe it is inexcusable to elect people who continuously advance the interests of agencies, multinational or small, over those of individual members; who refuse to observe basic ethics by voting where they have a personal or business conflict instead of recusing themselves; who support sharing a lobbyist with the Association of Language Companies; and I do not want to elect people who will destroy a professional translator certification by opening it to non-members.

Our road to professionalization must include adopting what other, well-established professions do. Let’s take attorneys: To practice law, an applicant must pass the professional (Bar) exam, AND be a member in good standing of the lawyers’ association in that jurisdiction. Practicing law is more that passing the bar exam; a fiduciary profession, like attorney, or translator, requires that the individual practicing observes ethical and professional rules. It is the State Bar that sanctions lawyers who acted unethically, it is the State Bar that makes sure and keeps track that attorneys comply with continuing legal education requirements to assure clients that a lawyer who passed the Bar thirty years ago is up-to-date on legislation and procedure.

By offering a certification program exclusively to qualified members, and requiring adherence to a code of ethics and continuing education credits, ATA is currently treating translators, and the public, as a professional association. Only true professions self-regulate their practice. Decoupling certification would be equivalent of giving up this status and opening the door to other overseers such as government agencies, creating that way a world of confusing national policies and regulations, as ATA certified translators work from every corner of the planet servicing clients all over the world. Some current Board members want us to believe they will control ethics and continuing education compliance after decoupling. It seems unlikely. They will have no link to the nonmember certified translators. Under those circumstances, unless members want to continue attending the overpriced annual conference, many could consider leaving ATA and just keeping the certification. As an interpreter, this is something I have always admired and keep on my wish list. Interpreters are certified and therefore regulated by a myriad of bodies all over the world.

Another important aspect is that of the cost of the exam. It is widely known that exams such as these ones are more expensive than the fee charged to the examinee. That is fine when done for members, this is one of their benefits. On the other hand, how many of you would be willing to subsidize the certification of non-members with your membership fees? If the answer is to charge more to non-members, then the obvious reaction is: Why not require membership first, and then be eligible to take the test? If the cost is similar, the only reason to choose certification without membership is the desire of the examinee to dodge continuing education requirements, or to ignore the cannons of ethics.

I can think of a scenario where decoupling would be good: Agencies can pay for their translators’ certification one time, and then, with no need for continuing education, sell them to their clients as “ATA certified” until the cows come home. Big profits for the agencies. Bad news for the profession. Once again, this is another example of special interests at work.

Who to vote for?

I will never vote to any board position an individual who is not even a certified translator or interpreter, unless their language combination includes a language without a certification available. Professional credibility comes from your credentials, and the bylaws’ exception for those who achieve professional status through membership review, should only be respected by the voters when the candidate works in a rare or “exotic” language of lesser diffusion. I think it is a shame for people to consider voting for individuals who got to the board by peer review, instead of certification, when your work languages are Spanish or Portuguese. We all know that as soon as a person becomes a translator or an interpreter, they start thinking of certification. We are all out there. We all know that credentials are essential in the real world.

The fact that an interpreter or translator is not certified (or with conference interpreters does not possess a legitimate credential such as AIIC membership, Conference-level by the U.S. Department of State, or membership in a renowned association or government agency in the country where they practice) denotes one of three things: The individual failed to certify because lack of skill, in reality this person does has not worked as a translator or interpreter, but rather as a business manager in an agency (in which case the individual should be running among their peers at the Association of Language Companies, not the American Translators Association) or the person just cares so little for the value of a certification and the professional aspect of our craft, that they disregard the need to study to pass a certification exam.

For president, I will write in Robert Sette, because on top of his experience as a board member, he is the only one running for this position defending the profession by opposing decoupling. I have talked to Robert about interpreters’ issues and our situation within ATA due to the current policy at the top. He has convinced me he will be a president elect who will fight for the professional interests of interpreters and translators. I found Robert an honest and dedicated colleague, an experienced ATA certified translator, with no other motivation than our advancement as a profession.

In ATA’s classic fashion, Secretary and Treasurer are running unopposed. I know them both and they are good professionals. I will vote for them unless they support decoupling. There, I will have nothing detrimental to say about them, They are both nice, decent people, but even if I feel bad about it, I will not give them my vote because of a difference of opinion on this important issue.

For the director position I will vote for Cristina Helmerichs because she is a professional of great moral character who has always protected the profession and her colleagues instead of taking the side of the corporate member agencies.

I will also write in Jill Sommer for the director position because she is an experienced professional, a certified translator who will work with Robert Sette, and because she opposes decoupling of the ATA certification.

For the third director vacancy, I will not vote for a non-certified interpreter or translator, I will never vote for someone who in the past has stated his opposition to recusal as a board member, even in case of a conflict of interest, and I will not vote for someone who supports decoupling of the certification, or continues to sit on the fence without making a commitment. That leaves four possibilities. If more than one opposes decoupling, I will study their platforms and how they answer the questions in Palm Springs, but I also have another choice: Just as I did last year: I can just vote for two directors instead of three. We should all consider that as an option. It is better not to vote for someone than to vote for an individual we believe is not right for the job.

You see, dear friends and colleagues, fellow ATA active members, this year is very important we all vote. If you are attending the conference, please go to the general meeting and vote. If you are not going to Palm Springs, even if you think your vote does not matter, if you believe nothing ever changes with the way ATA operates; even if you have noticed that the election system is less than democratic, please vote by proxy. Open your email and vote. Write down the names of the write in candidates, and contact ATA if you are a voting member and did not receive a ballot. Please repost this blog anywhere you feel appropriate, and contact your fellow voting members, interpreters and translators, and ask them to vote to protect the profession. This is the year when we can drive the change. I am posting this article in many professional groups and ATA social media. It will not be posted in any other professional association’s wall or chat group, unless I first get permission to do so.

Alert: They are interpreting illegally outside their country.

February 6, 2019 § 12 Comments

Dear Colleagues:

During my career I have experienced first-hand situations when people who live outside the United States interpret at the same convention center where I am working another event. I am not talking about diplomatic interpreters who travel with their national delegation to the United States, nor I am referring to the personal or company interpreters who travel to the States with a CEO to negotiate a deal. I am talking about foreign nationals brought to the United States to interpret a conference because their professional fees are lower than customarily fees charged by interpreters who live in the United States. One time I ran into some interpreters from a South American country at a convention center’s cafeteria. They were nice, experienced, and they did not live in the United States. After the usual small talk, I asked them how difficult was to get a visa to come to interpret in the United States, one of them dodged the question and the other one told me she didn’t know because she already had a visa she was granted when she took her children to Disneyworld. Just a few weeks after that episode, I got a phone call from a colleague who wanted to let me know that he was working at a venue in the mid-west where they were using other interpreters brought from abroad for the conference. He explained these foreign colleagues were having a hard time with the cultural references, and apparently had entered the country on tourist visas.

In this globalized economy, some agencies are hiring foreign interpreters, who live outside the United States, because they come from economic systems where a sub-par professional fee in the U.S. looks attractive to them. I have heard of interpreters brought to work in conferences and other events for extremely low fees and under conditions no American interpreter would go for: Two or even three interpreters in the same hotel room, no Per Diem or pay for travel days, often working solo, for very long hours without enough breaks, and without a booth.

The worst part of this scenario is that many of these foreign colleagues are very good interpreters who come to the United States to hurt the market by working for that pay and under those conditions, and they do not see how they impact the profession. Multinational and small-peanuts agencies love these interpreters because they just buy them the cheapest plane tickets, put them all in a budget hotel or motel, and pay them for a five-day conference a sum of money that would only cover the professional fees of local interpreters’ one or two days of work. Sometimes the agency’s client suggests interpreters be brought from abroad to abate costs; they even argue these colleagues’ renditions are even better because they “speak the same language the audience speaks, with all of its expressions, and dialects, unlike American resident interpreters who many times speak with a different accent because they do not come from the attendees’ country.” It is true that many of these foreign interpreters are very good and experienced; it is also true that, in my case, their Spanish accent and some regional expressions may be more familiar to their audience full of fellow countrymen; however, it is also likely that these interpreters may have a difficult time when interpreting references to local politics, sports, places, and general culture used by the speakers; what we call “Americana”. I would argue that professional interpreters, by living in the United States, are exposed to all language variations in their language combination because, unlike most foreign interpreters, they routinely work with multinational audiences. I also believe that it is more important to understand what the speaker is saying, after all that is why those in attendance traveled to the United States for. A rendition that puts the entire message in context, and is transmitted to the target language with all cultural equivalencies is a more desired outcome than listening to a rendition from someone who sounds like you, but does not get the cultural subtleities, not because she is a bad interpreter, but because she does not live in the country.

But there is a bigger problem: Most of these interpreters brought from abroad are in the country without a work visa.  Entering the United States on a visa waiver or a tourist visa does not give them legal authority to work in the U.S.

This is a serious matter: Whether they know it or not, the moment these interpreters step into the booth, or utter the first syllable of their rendition, they are out of status, and they are subject to removal from the United States. The moment the agency, event organizer, university, business or organization brings one interpreter to the country they are subject to a fine. Not to mention reactions to the illegal hiring of foreigners to the detriment of American professionals in the court of public opinion.

If these interpreters are really the best for the conference topic, agencies and organizers may hire them and bring them to the United States, but they would have to do it legally, through a work visa application; and depending on the visa needed, there are complex and lengthy legal steps to be followed before the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS) Department of State (DOS) at the American embassy or consulate at the interpreter country of residence, and U.S. Immigration and Customs Enforcement (ICE) at the port of entry. The process is lengthy and it requires of an immigration attorney. Dear colleagues, if the event requires the expertise and skill of the foreign interpreter, agencies and organizers will cover the costly process. If they were only retaining interpreters from outside the United States to save money, the visa process’ length and cost will make it more expensive than hiring top-notch interpreters living in the United States. (https://www.uscis.gov/working-united-states/temporary-nonimmigrant-workers)

These interpreters, even if they worked illegally in the United States, must pay U.S. federal income tax for the work performed within U.S. territory. An exception exists for certain amounts earned by foreign nationals not living in the U.S.; Under this exception, compensation for services performed in the U.S. is not considered U.S. source income if these conditions are satisfied: (a) The service must be performed by a nonresident taxpayer temporarily present in the U.S. for a period of 90 days or less; (b) The total compensation for these services does not exceed $3,000.00 USD; The services must be performed as an employee of or under contract (in the case of a self-employed contractor) with one of the following: A nonresident individual, foreign partnership or foreign corporation not engaged in a trade or business in the U.S., a foreign office or foreign branch of a U.S. resident, U.S. partnership, or U.S. corporation.

Always remember this, educate your clients, the agencies you work for, and if you are getting nowhere, when you see interpreters who do not live in the United States working an event, and believe me, you will know because of the cultural nuances, consider reporting the incident to the immigration authorities.

This is not an issue exclusively found in the United States, it happens all over the world, especially in first world countries of Asia and Western Europe. It also happens next door: Again, American agencies in their tireless quest to make money and destroy the profession, take American interpreters to work in Mexico, and if they are United States citizens, they take them with no visa. I have seen phone books, publications, and websites advertising interpreters from the United States for conferences, industrial plant visits, and depositions in Mexico. Among the most popular arguments to lure event organizers, businesses, or Law Offices in the U.S., they assure them that American interpreters are more familiar with their lifestyle, that they are certified by this or that U.S. government agency, and they even imply that somehow Mexican interpreters are less capable or professional than their U.S. counterparts.

This is total nonsense. Mexican interpreters are as good as Americans, interpreters living in Mexico possess American certifications, and there are probably more interpreters in Mexico with a college degree in translation or interpretation than those we have in the States. Let’s face it, the only reason these agencies want to promote American interpreters is because when a lawyer, company or event organizer hires the interpreting team in Mexico they do not need the agency; they make no money. Unless you travel as part of a diplomatic delegation, a business mission, international organization, or you are an employee of a firm that takes you to Mexico to exclusively interpret for the company you work for; If you are an interpreter living in the United States and you take an assignment to interpret for a deposition, industrial plant inspection, or other job, unless you are a Mexican citizen, or you have legal authority to work in Mexico, you will be breaking the law and are subject to deportation. It does not matter that you speak Spanish, you must be allowed to work in Mexico. (Art. 52 y sigs. Ley de Migración. D.O. 25/5/20111 https://cis.org/sites/cis.org/files/Ley-de-Migracion.pdf) There are fiscal obligations for those working as interpreters in Mexico, even if they had no authority to work.

Because often the agency’s client or the interpreters do not know they are breaking the law, you should educate them so they hire local talent. Please remember, this is a collective effort, we must try to bring up fees and working conditions in every country according to this economic reality and possibilities. This will never be achieved by killing foreign markets with illegally obtained, procured, or provided professional services at sub-par conditions. You probably noticed that I skirted around VRI services. Although it could be as harmful as in-person interpreting services when left in the hands of unscrupulous multinational agencies, that is an entirely different matter that requires more research and study of legal theories and legislation. I now invite your comments on this very important issue.

Interpreter fees and costs. Avoid misunderstandings.

March 1, 2017 § 9 Comments

Dear Colleagues:

Many interpreters complain that clients do not want to cover their expenses; that they do not understand why we charge for costs separately when we are already asking for a well-deserved hefty fee.  The complaining seems to include agencies and direct clients alike, and it makes many of our colleagues uncomfortable.

Interpreters dislike the subject because they do not how to charge fees and costs, or because they do not really understand why we must be paid for both of these items.  As for the client, many agencies just do not want to pay because their business plan is to profit as much as they can get away with, and to keep the interpreter from the money for as long as possible, or for as long as the interpreter allows it. Direct clients have different reasons, but they can all be summarized in one: lack of knowledge. They do not know what the interpreter does.

As we just saw, they may have different reasons to dislike, and frankly avoid, paying for interpreter fees and costs, but most of their hesitation and reluctance to pay can be eliminated with some clarity and a simple system.

In the past, I have discussed the items we must consider when calculating our professional fee and what costs we need to pass on to our client. You can read these blog entries somewhere else in my blog.  Today we will explore a system that will help you educate the ignorant client and will protect you from the Draconian one-sided “job opportunities” that some agencies put on your table.

The first thing I do when I am contacted by a serious client who wants to retain my professional services, is to find out as much about the assignment as possible: type of interpretation that will be required, subject matter, name of the individuals giving the speeches or presentations, dates when my work will be needed, duration of the project, place where the services will be provided, work conditions, equipment to be used, languages provided, name of the other interpreters already retained or prospective interpreters who are being considered for the assignment, and I always want to know what it I exactly that the client expects to be covered by my professional services.

After a good chat, and sometimes more than one when the project is big and the client needs to get the answers to some of my questions, I inform them that they will hear from me within 24 hours. I explain that they will receive an email with an estimate for the professional fees and costs I would charge for the assignment as presented to me. Then I get to work.

I already have a format that matches my professional style and personality. This gives me the organization and coherence needed to be able to explain what I do and how much I charge.

I suggest you develop your own format for your estimates, and as always, everything that I suggest in this entry, and anywhere else in the blog, is not intended as legal or financial advice; these are just mere suggestions that in no way guarantee you any result. If you need to know financial, legal, or other consequences, please retain a professional.

Whether you prepare your estimate form on your own, or with professional help, I strongly encourage you to at least include the following:

On a nice document, formatted to your taste as far as font size and style, letterhead and logo, and color of both, background and font, start with your document’s personalized title: Something like “Estimate of Professional Interpreter Fees and Costs Submitted to XX Corporation for the XX Conference in XX City from X date to X date”.

Next, inset an introductory section where you go into more detail about the service you would provide to the client. Something like this: “This estimate is submitted at the request of XX Corporation, with its address at XX Avenue in XX City, regarding professional interpreting services XX language<>YY language in XX City, on the following dates: from X date to Y date, during the XX Conference of XYZ Topic”.

On the next section of your estimate, you need to talk about your professional fees, so start by including a section title such as: “Professional Fees”, or “Professional Interpreter Fees”, or something similar. I would always include the term “professional” to underline the fact that, if you are hired, they would be retaining the services of a professional just like a physician or an accountant, not an unskilled laborer. Then, I would describe my work with words like: “My professional daily (or hourly) fees for simultaneous interpreting, consecutive interpreting, and sight translation (depending on the service you are about to provide) is $XX (per day or hour) for a total of XX days (or hours). The total amount would be: $XX (unless there are other interpreting fees for additional hours (days) as described below. The professional fee for hours of service in excess of 8 per day would be $XX per hour in XX amount of minute increments.” After that paragraph, you can add:

“This professional service includes (telephonic) (in person) interpreting at the convention center (hotel, plant, law office, etc.) Other than the professional tasks above, I will not provide any other services such as (answering phones, making tea, hussle for customers, technical support), or any other service that goes beyond interpreting services and the cultural adviser function implicit in conference interpreting. Under no circumstance I will drive a vehicle for you or any of your clients, customers, associates, etc.”

At this point you will be ready to move on to your “expenses section” of the document. Start with the most expensive ones that the client has to advance you or reimburse you for. I always start with transportation expenses: Airfare or train tickets. Maybe something similar to this: Payment in advance for the flight from XX City to YY City and back”. If possible, do your research so you can include the total cost, including taxes and incidentals such as luggage, priority boarding, and similar services unless your frequent flyer status allows all those things for free. Always get suggestions based on the Airlines you want to fly, the airports you prefer, and the time of the day when flying is more convenient to your Schedule. Make sure to include something in case airfare or train ticket prices change because the client takes too long to approve the estimate and sign a contract. Saying something like this may come in Handy: “The ticket prices above are not guaranteed until purchased. For that reason, prices could increase. If this happens, it is your responsibility to advance the correct amount according to the price on the day the ticket is purchased”.  You can also include your arrival time and your departure time from the city where the assignment will take place. This way the client does not get any ideas about putting you to work before you get there, or up to 10 minutes before your flight leaves. You know your clients, and everybody is different, but for long trips I would require a business or first class seat in order to get to work fresh instead of tired from the trip.

I would then insert my ground transportation expenses. Many interpreters do not include these expenses. They should. Your client needs to pay for your ground transportation back at home from your office to the airport, and back; for your transportation from the airport to the hotel, and back, at your destination, and from all trips to and from the hotel to the venue where you will be interpreting. I do not believe that you have to charge for a stretch limo, but do not use the airport shuttle or the subway either.  Travel by Taxi, Uber, or something similar. Based on prior experience, include an estimated total amount for ground transportation, but explain to the client that this is an expense they will have to reimburse because at this time you have no way to know the exact amount of the expenses; unless you both agree to set a fixed amount ahead of time and that lump sum would be all you get. You may lose some money, you may end up with a little more than the expenditure, but at least you would include ground transportation in the same check with your fees and all other expenses.

Once you covered transportation, the next big expense is lodging. I would demand a room in the same hotel where the event is to take place, and I would never accept sharing the room with another person. No roommates, no motels of dubious reputation, not cheaper hotels outside the county an hour away from the venue. Besides the hotel room, I always ask for the internet service. As you know, must budget hotels include internet service (and breakfast) in the price of the room, but most top hotels (where you will be staying during the assignment) have an extra charge. The client must pay for it, as you will need access to the internet for professional reasons. I would insert something like this under “lodging expenses” on my estimate form: “Payment of hotel room for the following nights: XX, YY, and ZZ at ‘XX Hotel’ in XX City, plus any charges for internet access. As of today, the hotel rate for a single one bed room is $XX (plus taxes and internet service charges) but said amount is subject to change. If so, you must cover the hotel fare applicable at the time of the reservation”.  You can also agree with your client that they will directly take care of the hotel and internet service. This is common in big events because the client already has a hotel group rate and they will just add you to the same package.

An estimate can include many other things, but there is at least one more expense that is usually forgotten and should be included in all estimates. I am talking about your Per Diem.

Meals during professional trips are expensive.  Most venues offer costly restaurants, and many times interpreters have to eat at airports or order room service late at night when they finally finish work. These meals have to be paid by the client. In the United States, and in many other countries, the federal government has pre-set fixed Per Diem rates based on the particular city or town’s cost of living. In the United States, the IRS has a list on line for all towns and cities in the country, and the U.S. Department of State has the same thing for all destinations overseas. I usually inform the client that I have calculated my Per Diem based on said rates. It would be very hard for the client to argue against a Per Diem already established that is continuously adjusted and universally accepted.  I would put the following under “Per Diem”: “I will receive as Per Diem, the daily amount established by the IRS for XX City. This amount for the year of XX is $XX per day, for a total of $XX for XX days.”

The next section of my estimate would deal with cancellation charges, and I would spell it out in detail, even if it turns repetitive, and ugly for a language lover. I would cover different possibilities because the more advanced the notice of cancellation, the better chances I will have to get my income on another assignment somewhere else; the closer to the date of the event, the more money I need to get as compensation from the cancelling client.

Expenses are different. Regardless of the advanced notice, a client would always be obligated to reimburse me for all expenses already made up to that time, including cancellation fees in those cases where an expense allows cancellation, but this will generate a penalty or fee. For this reason, it is always better to get part of the fee and expenses in advance. It is better to prepare a statement explaining the client how much money you will return (if applicable) than turning into a detective and chase the morose, and now uninterested client half way around the world to get paid and reimbursed.

I would include something along these lines:

“Cancellation Policy:

Notice of cancellation XXX or more weeks before the event: No professional fees, but the client must reimburse me for all expenses already made, and for all expenses generated for returning the rest of the advanced payment to the client (because some banks charge for this service).  Said amount will be deducted from the amount to be returned to the client if there are enough funds available. Otherwise, the client must provide payment for the amount in excess of the advanced payment.

Notice of cancellation XX or more weeks before the event: XX Percentage of the total professional fee, and all expenses already made, and for all expenses generated for returning the rest of the advanced payment to the client (because some banks charge for this service).  Said amount will be deducted from the amount to be returned to the client if there are enough funds available. Otherwise, the client must provide payment for the amount in excess of the advanced payment…” And so on.

The next thing I include on my estimates is a table or a graphic with a summary of my fees and expenses, including totals. This makes it clear for the client. Besides the table, I would add the following so the estimate is crystal clear:  “The client must pay the total amount indicated, unless there are any changes due to an increase on interpretation hours (days) or changes to any of the transportation or lodging prices. Please keep in mind that some taxes and additional charges are yet to be included, and they must be reimbursed to me as soon as I inform you of their existence”.

Then comes the terms of payment. This is crucial and when you spell it out for the client to see from day one, you are saving yourself some headaches and extra expenses due to late payments or disputed amounts. Payment should be prompt and non-compliance should carry consequences. How about something that brings up important points like these ones:

“The client must pay all professional fees and expenses as follows:

Advanced payment: Once this estimate is approved, the client will have 48 hours to make the advance payment, which will include XX percentage of the total professional fees, airfare (according to the applicable rate) hotel charges at the applicable rate (including taxes and internet service) unless the client directly pays for the hotel and related charges, including internet access. The advance payment must be in cashier’s check or by electronic transfer to my account. The remaining professional fees and expenses must be paid in full no later than XXX date. Any delays on this payment will generate a XX percent late payment interest”.

Finally, I would include the date and a place on the document for me and the client to sign as proof of agreement to the terms of this estimate. Like this: “Delivered to the client for review and acceptance on this date XX”, followed by both of our signatures.

Dear friends and colleagues, I believe that there is much to be done. We have to educate the direct client and identify and exclude corrupt greedy agencies, but we can also make our lives a little less complicated by adding some clarity to our charges. I have found that it is easier to explain my fees, expenses, and the scope of my professional services to those clients who have seen my estimate on paper. It allows them to understand and ask questions, and it gives us a road map to organize all those items that perhaps we have been paying for when in reality it is the client who has to cover them.

I hope that you find this explanation useful, and it motivates you to be more organized, assertive, and (because the contents of this blog post are not legal advice) to visit your attorney or accountant if you need professional help to develop your unique, tailor-made estimate of professional fees and costs. I now ask you to please share with the rest of you any tips you may have to make this process smoother and faster.

The new government could help interpreters in the U.S.

January 20, 2017 § 12 Comments

Dear Colleagues:

“We are sorry, but we will not be needing your services after all. We decided to hire some interpreters from the country of the people attending the conference…”  Does this message sound familiar? How about this: “…They decided not to retain me because they found somebody less expensive in South America.” (It could be Asia, Africa, or Eastern Europe).

Every interpreter in the United States (and other countries) has been part of this situation too many times in their career. The reality is that many agencies and event organizers are trying to save a buck, and with globalization, it is now very easy to hire a team of interpreters in a foreign country, offer to pay them in U.S. dollars (or euros), and bring them to interpret an event in the United States (or Western Europe) for very little money, compared to what professional interpreters typically make in that market. The foreign interpreters may be excellent, good, or bad; most likely, they will not be acquainted with the local culture, geography, current events, humor, and idiomatic expressions of the place where they are going to interpret, but they will save the agency a lot of money. To them, the little money they will get paid, and the second rate accommodations provided by the promoter of the event will be acceptable because they will be earning more money (and in hard currency) than their typical fees in their home market. The result is not good for the American-based interpreters who cannot afford to work for so little just because of the cost of living and doing business in the United States. I believe that it is not the best possible outcome for the audience either because the foreign-based interpreters (even some of the best) will not be able to understand and therefore interpret all the nuances of the speaker’s presentation just because they do not live in the United States.  Every U.S. interpreter has had this experience when working with a colleague who comes from a different culture, and we have also suffered the painful, stressful situations when we do not get a geographic site, local celebrity’s name, or regional expression because we do not live in the country.

The only one who relatively wins in this situation is the agency or event promoter; and I say relatively wins because they will eventually suffer the impact of this culture-deprived renditions.

To complete the sad picture I have just described, we have the case of those “less expensive” video remote interpreters who provide services for events held within the United States from abroad, and the telephonic interpreting services agencies that have moved a big chunk of their business to foreign countries with little overhead, lax legislation, and much lower salaries. The result: a good number of U.S. based experienced conference interpreters, willing to do video remote interpreting for a fee set by the American market, and many telephonic interpreters, including many who are just entering that market often encouraged by the same agencies alien to the profession but part of the “industry”, will lose their jobs or find little work because the bulk of the interpreting services to American clients are now provided from calling centers in Asia and Central America, and quite a few agencies look for video remote conference interpreters abroad without even looking for them in the United States.

This week a new president takes the oath of office in the United States, and a very prominent part of his agenda deals with protecting American jobs. This is where we can take advantage of the current mood in Washington, D.C., and demand that the new government keeps its promises to the interpreters and translators in the United States.

A new tougher immigration policy will benefit U.S. interpreters if we move our chess pieces wisely.  We must demand Congress, The White House, State Department, and Department of Homeland Security to enforce the labor laws of the United States. You see, most foreign interpreters brought by the agencies enter the United States on a tourist/ visitor visa without ever disclosing the fact that they will work in the U.S.

Working with a visitor’s visa is against the law; misrepresenting your purpose to enter the United States is cause for denial of admissibility and in some instances it could be a crime. Agencies that bring foreign interpreters this way are also breaking the law and should be investigated and fined by the federal government. If the law is properly enforced to protect American workers (that is: all of us) the agencies would need to file a work visa petition with an immigration service center, show a business necessity to bring that individual to do the job, demonstrate that there are no United States citizen or lawful permanent resident interpreters in the United States who are willing and able to perform the service the agency needs in exchange for the prevailing wage or fee for that service in that part of the United States. If the petition is approved, the foreign interpreter would need to attend an interview with a consular agent at the U.S. embassy in his country, and demonstrate that he is qualified to do the job, that he will go back to his country after the assignment is over, and that he has no criminal record anywhere in the world, including any past affiliation to terrorist groups or prior immigration violations in the United States such as deportations, overstays, or having worked without legal authority. Only then, and not a minute earlier, these people could enter the U.S. to work as interpreters for that conference. As you can imagine, this takes time, costs money, and often requires of the services of an immigration attorney. You see, dear friends and colleagues, all of a sudden the U.S. based conference interpreter got a lot cheaper than the foreigner, even if the agency needs to pay market fees in America.  This is our chance to end the “interpreter smuggling” that is happening right now in the United States. Of course, this does not cover foreign interpreters who come as part of the team of a foreign diplomat, head of state, dignitary, or celebrity. Those interpreters will enter the country with their client and for a specific mission that requires of them personally based on other characteristics. They will be paid in their home countries for a service that would not be performed by anyone else, American or foreigner. Even though it has been treated as one and the same, it is very different to enter the United States as the interpreter of the president of Argentina, and enter the country to interpret a conference at the Honolulu Convention Center.

The new government advocates a policy that keeps jobs in the States and will likely sanction those businesses who move abroad and try to sell goods and services back to the American consumer. There is no question that all these interpreting agencies that have moved abroad will qualify for sanctions as long as they provide their services to people in the United States. I believe that the fines and the cost of litigation to keep their facilities abroad selling their services in the United States will be more expensive than closing shop in Costa Rica or India and moving the telephonic interpreting center to Arizona or California.

I understand that this entry may not be very popular with many of my friends and colleagues abroad, but I ask you to please pause and examine your market structure so you can strive for better and more professional conditions in your own countries.  I also believe that much of what I say here can be applied, and in fact has already been implemented in some countries. Only when these conditions even up across the markets we will be able to universally enjoy the advantages of globalization.

You see, dear friends and colleagues in the United States, there is plenty we can do to protect the profession and advance our working conditions under the philosophy of the new administration.  I now ask you to share your comments with the rest of us, and I beg you to please limit your participation to the issues subject matter of this blog, and refrain from politically charged comments either for or against the new government.

A very simple action by interpreters that can go a long way.

May 22, 2015 § 4 Comments

Dear colleges:

A few days ago I was talking to some interpreters about the changes to the profession brought by the new global economy and technological developments. As we discussed the challenges that we now face as interpreters, it became clear that we need to stay at the edge of all technological developments and we must act and react together as a profession.  As we discussed some of our options, we came to a collective realization that we probably are not taking full advantage of the benefits of our professional organizations, especially, the largest and best known of them all: The American Translators Association (ATA)

In the last years, ATA has reached out to interpreters in several ways. As a result, we now have as many interpreters in the organization as we have translators. Unfortunately, a big difference between the two groups of members is that most interpreters are not qualified to vote, not because an impediment on the organization’s bylaws, but because most interpreters do not know how easy it is to switch your membership status to voting member.

There is a misconception that only certified translators can vote in ATA. That is false. Many interpreters qualify to upgrade their status to voting member; it can be done online, it takes about one minute, and it is for free.

Interpreters who have a federal court certification, a U.S. state court certification, those who have passed an interpreting exam with the U.S. Department of State (conference and seminar level) conference interpreters who are members of AIIC, those who have a college degree in interpreting, and some others who meet certain requirements of professional experience, can now go to ATA’s website and upgrade their membership status.  This is the link: http://www.atanet.org/membership/memb_review_online.php

Professional organizations have never been more important, relevant, and necessary. I encourage you to join them if you are not a member, and if you are an ATA member, or if you are one of those colleagues who is considering an ATA membership, I invite you to join. Those of you who are already members, please click on the link above and change your status to voting member. Remember, that is how the United States was born. If you are already a member, make sure your voice is heard and your opinion is counted.

I now invite you to share with the rest of us your experience as you change your status on line to voting member.

Where Am I?

You are currently browsing entries tagged with Department of State at The Professional Interpreter.