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עו"ד סינדי אזולאי, קן תור & עכו


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עו"ד סינדי אזולאי, קן תור & עכו

  1. 1. The B Visa Basics Cindy Azoulay, Esq.
  2. 2. B-1 = Business Visitor A "business" trip is aimed at:  Foreign commercial interests  Professional interests  Does not include gainful employment in the United States B-2 = Tourist
  3. 3. • Visit is temporary for business (not to study, perform labor, or work for foreign employer); • Must hold residence in a foreign country and have no intention of abandoning it; • Intent to leave the US at the end of your stay; • Financial support for yourself during stay in the US; • Permission to enter a foreign country at the end of your stay.
  4. 4. • Cover’s a wide range of business, corporate, and professional activities including negotiations, conferences, and consultations: • • Consult on products or technologies developed in Israel; • • Meet with current or potential clients; Advise and update professional counterparts. There can be no payment of a salary in the U.S. Only reimbursement for room and board.
  5. 5. • Contract negotiations, meetings and consultations with business associates. • Litigation. • Participation in company training. • Professional business conferences or seminars. • Undertake research. • Visits to branch offices of one's company; and • Sales calls.
  6. 6. Physical Preparation Image is often as important as content. So dress nicely and keep smiling. Attitude Preparation Provide to the point and concise answers. Do not add any thing which is not relevant or not being asked. • Do not argue. • Do not ask unnecessary questions. • Be polite.
  7. 7. 1. Arrive 15-20 minutes before your scheduled interview. 2. Dress professionally, as if you are going to work. 3. Greet the interviewer when you see him/her at the beginning. 4. Communicate clearly and in a comprehensive way. 5. Do not hesitate to politely ask to repeat or rephrase the question, if you don't understand the question. 6. Keep your answers brief and to the point. Never argue with the interviewer!
  8. 8. • Why do you want to travel to the USA? • What company do you work for? How long have you worked for them? • What do you do? • What is your annual income? • How many children do u have? And where are they? • Do you have any relatives in USA? • How long will you be staying in USA? • Will you work there?
  9. 9. Admission Requirements Documents, visa when required, etc. Period of Validity The employee’s visa is one thing; the length of time s/he is authorized to stay in the US is another. Electronic I-94 The I-94 card, and not the visa, determines legal status while in the U.S. To verify the information is correct, review your record at:
  10. 10. In certain cases a B-1 visa holder may want to carry supporting documentation (such as a company letter), in the event they are asked at the port of entry about the purpose of their trip. It should be stressed that while in B-1 status, the employee must continue to be paid by the company in Israel. He/she may not receive remuneration of any kind from a US source, and his/her activities must be directed and overseen by his/her supervisors in Israel.
  11. 11. November 29, 2009 To: Passport Control/Customs Officer Re: Israeli Company here Worker’s name (DOB: July 31, 1956) Dear Sir or Madam, This letter is given as notification to the BCIS regarding the current United States visit by Mr. XX. Mr. XX is employed in Israel by XXX Ltd., a broadcast business management company which helps multi-channel top tier broadcasters to generate billions of dollars in revenue each year. Mr. XX serves our company as a Senior Project Manager. At this time, Mr. XX is needed to attend several Steering Committee and Design Phase meetings with our client Showtime Inc. at their office in New York City. Thus, Mr. XX is traveling to the United States on his B-1 visa on our behalf, and XXX Ltd., will continue to pay salary to him at all times, and will maintain control over the activities to be carried out by him. He will be staying at the Mirabello Hotel, at 145 Washington Road, Jersey City, New Jersey. Please note that in addition to the business meetings which he will be attending, Mr. XX will also be taking some vacation time with his wife, in the United States. The total combined time of this trip is approximately two weeks. Thank you for your assistance in this matter. Yours sincerely, RRRR, COO XXXX Ltd.
  12. 12. Preparing for Questions at the Port of Entry • Date of return travel. • Confirmation of hotel reservations. • US contact official who is aware of the purpose of the employee’s travel. • Specific details of the purposes of the trip, duties to be performed, meetings to be attended. An itinerary would be helpful. • Company letter outlining the purposes of the proposed visit.
  13. 13. Indications of impermissible activities in the U.S. include: • Issuance of a business card by a U.S. company; • Use of a U.S. corporate email account; • Entry of one’s name on the company’s list of local U.S. employees; • Receipt of a work unit (desk and computer) in the offices of a local company; • Rental of purchase of a residential home; • Sale or rental of one’s home in Israel; • Forwarding of one’s personal belongings to the U.S.; • Registering children in school in the U.S.
  14. 14. Always Tell the Truth Example: Q: Does your company have offices in the US? A: Yes, the company has offices in the US, but I do not have an office in the US. Only Answer Questions You Are Asked Example: Q: What have you come to the US to do? A: I have come to the US to supervise, advise and demonstrate a repair, service or installation for machinery. **You may be asked to withdraw your application to enter the USA and board a flight back. Accept this suggestion and advise your company ASAP.**
  15. 15. “Temporary” Stay • Possession of a return ticket. • Duration of the intended stay of the visitor. • Purpose of proposed visit . • Details about the location of the visit. • Extent of previous travel in B-1 status. • Any prior immigration violations which may appear in the system.
  16. 16. A person who stays in the United States beyond the period for which permission is granted on the I-94 electronic record is considered to be in “overstay”. This could result in the person being subject to lengthy bars from re-entry to the country and could result in the person being put into removal proceedings.
  17. 17. General Observations 1. You should take care to answer briefly only those questions asked. There is no need to offer any additional information. 2. You should never travel with a business card that indicates your name and the name of the US company. Additionally your signature on your email should not make reference to your companies branch in the US. 3. You should be aware that if there is concern that you may be working in the US, the questioning will be extended. There is a possibility that the CBP Officer will ask to review the contents of your wallet. Laptops may also be examined, especially email accounts. It is important at all times to tell the truth and remain consistent in your responses. 4. Report back to company management if you find that the level of questioning at the port of entry was elevated or lengthened. In addition advise if entry time was limited or were advised this was the last entry.
  18. 18. THANK YOU! Cindy Azoulay, Esq. 12 Menachem Begin St., Floor 2 Ramat Gan, 52521 Israel Phone: 972-3-6138202 Fax: 972-3-6137944 Find us on: