Winning Immigration strategies for the International Company


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Jon Velie, a noted expert in immigration law, will take you through the individual visas (including E-1, E-2, E-3, Eb-1, Eb-2, Eb-3, TN, B-1, J-1, H-3, and H-2B) and solutions to solve problems through the use of fact patterns, summaries of visas, and strategic options. Jon will also reveal the solutions available for multinational companies to transfer and hire international employees to work in the US operations.

Specifically you will learn:
Identify applicable visas
Identify likely scenarios that multinational companies will face
Become familiar with the popular issues and problem areas
Specific strategies for company personnel
And much, much more!

In addition, you will have the chance to ask Jon your most pressing questions in the live Q&A session following the presentation.

Who will benefit?
HR personnel
Legal counsel

Published in: Education
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  • Winning Immigration strategies for the International Company

    2. 2. IntroductionJon Velie, Immigration Attorney – Velie Law Firm Winner of the American Bar Association Louis M. Brown Legal Access to Justice Award for Winner of 2013 Business Excellence Award for Best Overall Small Business in the Americas, International speaker on Immigration Editor of
    3. 3. To earn RCH you must: • Stay on the webinar for the full 60 minutes • Be watching the webinar using your unique URL• Certificates of completion will be delivered electronically to email that you used to register for this webinar • Sent to you no later than 3/5/2013
    4. 4. AgendaWHAT YOU’LL LEARN Overview of temporary and permanent business visas for the international company, includes:  Fact Patterns  Visa Options  Winning Strategies  Questions and Answers
    5. 5. OverviewInternational companies are entities that have offices inside the United States and at least one location out of the United States. US Immigration law permits the movement of investors, owners, executives, managers, specialized employees, essential employees, professionals and temporary need employees to work in the US location(s) of international companies.This webinar will explore a number of options and strategies that an international company and its management may utilize to hire foreign national employees.
    6. 6. Fact Pattern Oscar is the Owner and Managing Director of a British company. He intends to invest over a million dollars personally into establishing the US entity. The Board of Directors voted to send Oscar to the US to establish the company and grow it to 30 employees; a number that will need to come from the companies existing international locations or be recruited from a world-wide workforce.
    7. 7. L-1 Visa International Transferee For companies that have offices in US and another nation. L-1A for Executives and Managers. Managers can be manage people or functions Must have nexus between companies, either subsidiary or affiliate Can be used to establish US entity Practice pointer: Seven year total. Can not extend during GC like H- 1b
    8. 8. L-1 Visa Winning Strategies for Owner Executive Oscar is an executive. He can hold a different title in US from British office, like President or CEO. Can enter to establish the new company. Or enter on a B-1 business visitors visa to establish company and change status to L-1 without leaving the US. Relationship of the foreign and US companies must be subsidiary or affiliate Oscar must have worked for the British company or other international location as an executive for one of the last three years. L-1 permits the foreign entity to pay salaries of US employees. USCIS has relied on Supreme Court case law to restrict owners of companies to enter on the L-1 visa if they have too much control of the company and therefore, are not employees. If there is a Board of Directors that directs the owner in his/her executive capacity and a precisely constructed employment agreement this issue can be averted. Remember, L-1 visas are temporary and the contract must have a start and end date consistent with the requested visa term. If more than 50% of the workers are foreign workers may increase fees
    9. 9. Fact Pattern To increase its suite of services, Oscar’s company acquires Bob’s Canadian technology company and wants to utilize a number of the employees in the US and shut the doors on the Canadian facility. Bob is the President of the Canadian company since its inception six years ago. Oscar wants to place Bob in charge of developing new technology for a department of the company that provides tech goods and services. He does not have employees under his charge but works with the sales team, production and marketing departments. He will stay in Canada but make frequent trips to the US for meeting with clients and work with the department heads of various other segments of the Company.
    10. 10. L-1 Visa winning strategy for functional manager Bob was executive, but he isn’t anymore. He is a manager, but not the traditional type that oversees people below him. Immigration recognizes functional managers. These people manage a function of the company. Key elements:  Autonomy of the function or division  Oversees a budget  Decision making ability  Works with other function or division heads  Oversight of others on a project basis Evidence can exist in employment agreements, employment letters, website, execution of contracts on behalf of function or division. Can still get the L-1 visa even if the Canadian company is closed if another foreign location exists.
    11. 11. Fact Pattern Chuck has been Vice-President of the Canadian company for the last five years, the US company wants him to be transferred to its new Silicon Valley Office to take the position of Chief Technical Officer.
    12. 12. L-1 Visa Winning Strategy for the Executive Chuck was an executive as VP and can take another executive position of CTO. He has worked the requisite 3 years at a foreign office. It is permissible for him to have worked at the newly acquired Canadian entity instead of the British location. Relationship of the Canadian office to the British parent company and US subsidiary are important. If the Canadian company and US company are both owned by the British company then they are affiliates and that is permissible. If the US company bought the Canadian company, then it is a subsidiary and that is permissible. If the owners of the British company and others own the Canadian company and have a different set of stock holders for the American company, it may be problematic.
    13. 13. Fact Pattern Cindy has worked for the newly purchased company in Canada as regional manager over all sales for three years. She supervises numerous sales professionals, a number of which have management level duties. Some are in the US as well as Canada. She has been having trouble travelling into the US lately, being hassled by Border Officials because she has no visa. The Silicon Valley office needs her to attend quarterly sales meetings as well as oversee her subordinate team members in the US regularly.
    14. 14. L-1 Visa Winning Strategy for the Manager Cindy is a traditional manager who oversees others, including supervisory employees. She has worked the requisite 3 years at a foreign office. It is permissible for her to obtain an L-1 visa even though she will still reside in Canada. It is not permissible to enter the US without a visa to perform her job duties in the US. The L-1 visa for her management position is a good fit.
    15. 15. Fact Pattern Jerry has been the operator of the British company’s proprietary process that produces a high tech product for the last 17 years. The US office wants to distribute to its customers. Jerry does not have a degree and does not manage anyone, he is just one of the few guys who can make the companies products.
    16. 16. L-1B Visa L-1B Specialized Employees. Must have acquired skills particular to the company. Must have worked one of the last three years for international office. Up to 5 years total.
    17. 17. L-1B Visa Winning Strategy for the Specialized Employee Bob knows how to make the company’s proprietary products. Evidence to establish his knowledge can come through payroll records, employment agreements or letters, taking or developing company training programs, other evidence of his experience. Will have to articulate how Bob will train US workers and detail how long he will be needed in the US office. Total of 5 years max.
    18. 18. EB-1 Permanent Residency Visa-Greencard For Multi-National Executives and Managers. Similar to the L-1, Some executives and managers of companies with offices in both US and abroad can petition for permanent residence for these workers. Must have worked for the office overseas for one full year within last three years and US office must have been in existence for at least a year. This time is tolled, if in the US on an L-1 visa for the same company. Must have Corporate Petitioner but no labor certification. Cannot apply until the US company’s relationship with the foreign entity has existed one year. Oscar, Bob, Chuck and Cindy meet the requirements for this Greencard. Jerry does not.
    19. 19. Fact Pattern Elizabeth is the British company’s VP of Business Development. She developed a strategy that increased the revenues of the Company from a start up to $200 Million in annual sales. She won an award by a European industry association, has been subject to articles in major business magazines, has authored white papers and given presentations at industry conferences, she sits on a panel which selects Britain’s Woman of the Year.
    20. 20. O-1 Visa Extraordinary AbilityELIGIBILITY:An international beneficiary who possesses extraordinary abilityin the arts, sciences, business, education, or athletics may enterthe United States to perform for a U.S. employer temporaryservices relating to an event or events. The petitioner mustdemonstrate extraordinary ability through sustained orinternational acclaim. The O-2 visa is also offered to those whoassist or accompany the petitioner, and their family members,O-3. The employer of the extraordinary ability individual mustpetition for the O-1 visa on behalf of the Beneficiary.
    21. 21. Winning Strategies for O-1 VisaElizabeth will have to prove she has risen to the top of the her industry. She can define her profession as narrowly as she wants.To meet this she must show evidence of at least three of the following: internationally or nationally recognized prizes or awards; Her award by the European industry association. Published material about the aliens work; Articles in the major biz mags Membership with an association that requires members to have outstanding achievement; Her membership on the panel that selects Britains woman of the year. Major contributions in the field of science, business, or scholastics; Taking her company to a $200M, probably inked some impressive deals Articles published in any type of major media or professional journals; White paper High salary or any other type of compensation commanded by the alien; Assuming she would generate on of these. Compare to others in the field. Participation on a panel, or as a judge for other peoples works; Yes Evidence of past employment for organizations or establishments that have a high reputation. Company with these kind of revenues likely meets this
    22. 22. EB-1 Visa Extraordinary Ability Green CardEXTRAORDINARY ABILITY: The petitioner must show that he/she has reached a level of expertise indicating that the individual is one of a small percentage who have risen to the very top of the field of endeavor.SUSTAINED INTERNATIONAL ACCLAIM FOR ACHIEVEMENTS: The petitioner must show evidence of achievement through receipt of an internationally recognized award, or at least three of the following:
    23. 23. Winning Strategies: EB-1 Extraordinary Ability VisaWhile the criteria for the O-1 and EB-1 are very similar, the adjudication is much more stringent. First, the achievements must show the individual has sustained his/her high level of achievements, rookies of the year need not apply.Three types of evidence exists:Primary: A photograph of an award, an article, a book, a contractSecondary: Expert letters that discuss the importance of the primary evidence. Experts should not be with in the circle of friends but independent people that can explain how an achievement meets a criteria.Tertiary: Articles or letters that support the primary or secondary evidence, such as an article about the award or a publication or a resume of an expert.Utilize all three types to fully substantiate how the individual reached the top of the profession.
    24. 24. Fact Pattern Raxit, a citizen of India, received his Master’s Degree in Computer Engineering from the University of British Columbia has numerous skills in IT. Raxit has been with the Canadian company for six months.
    25. 25. H1-B Specialty Occupation ProfessionalELIGIBILITY:An international beneficiary who is offered a skilled specialtyoccupation by a U.S. Employer who qualifies as a professional workermay enter the U.S. temporarily to accept employment within his or herprofession.
    26. 26. H1-B Specialty Occupation ProfessionalAPPLICABILITY: Professional positions. Managers, accountants, lawyers, IT workers, marketing personnel orsimilar positions. In plain language this is typically for college grads in jobs that requiredegrees. Exception for those with work that equals degree equivalency
    27. 27. H1-B Specialty Occupation ProfessionalCRITERIA: U.S. Company is offering employment Minimum Prevailing Wage for county and state at site of employment – Determined by DOL "Specialty Occupation” Labor Condition Application Must be professionally qualified A four-year Degree or equivalent Special category for Chileans Similar E-3 is available for Australians
    28. 28. H1-B Specialty Occupation ProfessionalDURATION: Three years, with the same employer in substantially the sameprofessional occupation as long as the underlying business onwhich the visa is based remains a viable trading entity.The visa can be renewed for 3 more years.Can extend beyond 6 years if Labor Cert or I-140 for PermanentResidency is filed 365 days prior to expiration of sixth year.
    29. 29. H1-B Specialty Occupation ProfessionalIssues: Subject to numerical cap of 65,000 per year for regular H-1band 20,000 Master Degree from US universities October 1st is the start of the fiscal year for counting againstcap.Can apply six months prior to start of fiscal year or April 1st.Chile and Singapore are not subject to H-1b cap under treaty. Australia, Canada and Mexico have different but similar visasfor professionals
    30. 30. Winning Strategies for the H-1b VisaRaxit is an advanced degree professional so he can utilize the additional20,000 visas above the regular cap. Keys to successfully obtaining H-1bvisas are: Applying as early to April 1st as possible to reduce risk of hitting cap.Obtaining Prevailing Wage Determination consistent with the job andwhat the Company can pay.Drafting an employment letter that details specifically the duties of thejob and how it requires the knowledge learned in a university degree. Tying the duties of the job to Raxit’s degree. Must get Raxit’s degree determined to be equivalent to a US Degree.
    31. 31. Fact Pattern Sarah, from Australia, is in a position that requires adegree in marketing. Her degree from Sydney Universityis in business management. She took a number ofmarketing and advertising classes while in college.
    32. 32. E-3 Visa Specialty Occupation Professional E-3is a treaty created version of the H-1b for professionalAustralians.E-3 is not subject to the same numerical limitation of visas peryear.Spouses of E-3 can obtain work authorization. An E-3 visa is granted for up to two years. At the end of eachtwo-year period, the Australian citizen may reapply foranother E-3 visa. At present, there is no maximumnumber of times that an Australian citizen may renew his or her E-3 visa
    33. 33. Winning Strategies for the E-3 VisaE-3 can be applied directly through US Consulate,either in Australia or some third nationsAustralian degrees do not need to be evaluated to beequivalent to US, but degrees from other nations do
    34. 34. Fact PatternSamir, a naturalized Canadian who was born in NewDelhi, India, is a database programmer with a computerengineering degree.
    35. 35. TN-1 Visa NAFTA WorkersELIGIBILITY:A Canadian or Mexican Citizen who seeks temporary entry as aprofessional may be admitted to the United States under the provisions ofAppendix 1603.D.1 of Chapter 16 of NAFTA on a TN visa.
    36. 36. TN-1 Visa NAFTA WorkersAPPLICABILITY:Similar applicability to the H-1b or E-3 except there is a list of qualifyingjobs. Those that may have applicability are : Accountant, ComputerSystems Analyst, Graphic Designer, Hotel Manager, Lawyer, ManagementConsultant.
    37. 37. Winning Strategies for TN-1 Visas TN Visa must be petitioned for at a U.S. Port of Entry or Airport Inspector. The Canadian or Mexican Citizens must present all necessary documentation on site. Approval or denial is usually same day at site where petition was made. Consult the list or TN jobs before attempting to apply for a TN-1 visa. TN visas do not require prevailing wage requests. Can now be granted in three year terms If utilizing the management consultant position, hire as a contractor not an employee.
    38. 38. Fact Pattern Shirley is the niece of one of the Executives of the company from England; she just graduated with a degree in Business Administration. She would like to work for the company, but has no experience.
    39. 39. J-1 Visa Management Trainee or InternCRITERIA: Sufficient funds Educational or Employment Background English speaking ability Intent to leave the U.S. at end of stay
    40. 40. Winning Strategies for J-1 Visa Mgt. Trainee Develop a plan to train management level workers for the company. Can pay the Trainees, no prevailing wage required Training program can be up to 18 months maximum J-1 applicants must have sufficient education or experience, but cannot be too old Changes of Status to other non-immigrant categories are not automatically granted. The exchange visa holder must have a privately funded J-1 Visa to be eligible to change status without first obtaining a waiver from the two-year foreign residency requirement . Be aware of 2 year home residency requirements for certain nations and skill sets before applying for J-1 visa. Waivers are very difficult to obtain. Processing time can be very quick. It requires a J-1 issuing company, which can process in less than a week and a consular interview.
    41. 41. E-1 and E-2 Visas Treaty Trader/Treaty Investor  Applicable to nationals of certain countries. Can be used to start US company No specific amount of investment needed, but must be reasonable to type of industry. USCIS have different interpretations. Determining whether to change status or consular process must examine this issue as well as particular consulate’s process. Can use loans for investment.  Must have other investments. Can’t create company just to create job for investor. Can be extended as long as company is viable Alternative if cannot meet L-1 or EB-5.
    42. 42. Winning Strategies for E-2 Visas• As a British citizen, Oscar could utilize the E-2 visa as well.• His investment of $1 M is more than substantial.• His staffing of US workers also helps.Evidence necessary to win the case would include as many of thefollowing as possible: Business plan, organizational documents,checking account reports, deposits of checks or wires ofinvestment into the company, loan documents, tax records, 3 ormore years of projections, client or customer invoices, vendorinvoices and payments, marketing materials, organizationalcharts, payroll records and other indicators of the investment,viability and operations of the company
    43. 43. EB-2 Visa Degreed Professionals, Skilled Professionals & Other WorkersELIGIBILITY:Prospective immigrants who are members of the professions holdingadvanced degrees or their equivalent, or who possess exceptionalability in the sciences, arts, professions, or business, and whoseservices are sought by an employer in the United States.
    44. 44. EB-2 Visa Degreed Professionals, Skilled Professionals & Other Workers Advanced Degree Professionals and Aliens of Exceptional Ability Any degree above a Baccalaureate or a B.A./B.S. plus 5 years experience, unless it requires PhD. Also includes physicians intending to practice in underserved areas and soviet scientists. Now includes athletes. Exceptional ability proven through degrees, experience, salary, associations, contribution. Needs special labor cert, unless a National Interest Waiver can be obtained.
    45. 45. EB-2 and EB-3 Permanent Residency VisaCRITERIA:Labor Certification required, called PERM  No qualified American worker is available to fill the job; and  The prospective immigrant shall be paid at a minimum the prevailing wage for the industry as set by the DOL of the State where the services are to be rendered.
    46. 46. Priority DatesEB-3 visas are suffering lengthy delays because USCIS officials are processing cases with priority dates years ago. Priority date is the date the labor certification was filed with DOL.Practice point: Priority dates are released around the 15th of each month.Priority dates for February 2013 for the EB-3 are March 15, 2007 for all nations with exceptions for following: Mainland China November 15, 2006,India November 15, 2002, Mexico March 11, 2007 and Philippines August 1, 2006Priority dates for February 2013 for EB-2 are current for all countries with exceptions for China, January 15, 2008 and India September 1, 2004
    47. 47. EB-5 Permanent Residency Visa Immigrant Investor For investors in new US companies of $1 Million that create 10 jobs within 2 years of approval. Investment is $500,000.00 for high unemployment and rural areas. Can invest in pre-designated areas called regional centers and get credit for indirect jobs. Other applicability: International entrepreneurs can open US offices under this visa.
    48. 48. Winning Strategies for EB-5 VisasOscar could obtain a Green card under the EB-5 visa as well.His investment of $1 M meets the criteria. If his employees were tobe in a rural or high unemployment area it would only need to be$500,000.Staffing of at least ten US workers out of his proposed 30 is also anecessity.Key to obtaining the visa will be the ability to trace the source ofhis funds. This is proven with personal and corporate taxdocuments, his other investments or revenue streams.Business Plan drafting and corporate organizational andownership structure is critical here.
    49. 49. Questions?
    50. 50. www.OnlineVisas.Com ImmigrationMagazine.comContact me for: Free Strategy, Free Legal Opinion Flat Fee Pricing and Guaranteed Results Jon Velie Velie Law Firm 405.310.4333 (office) 405.821.5959 (cell) 50
    51. 51. To earn RCH you must: • Stay on the webinar for the full 60 minutes • Be watching the webinar using your unique URL• Certificates of completion will be delivered electronically to email that you used to register for this webinar • Sent to you no later than 3/5/2013
    52. 52. More RCH Webinars Form W-2: All You Need to Know for 2013 Tuesday, February 12 10am PST/1pm ESTGiving Effective Feedback and Performance Reviews Thursday, February 14 10am PST/1pm EST
    53. 53. 800.229.2713