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SKYE SUH, PLC 32000 Northwestern Hwy. Suite 260 Farmington Hills, MI 48334 Phone: 248. 932. 8844 Skye Suh, Esq.

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Presentation on theme: "SKYE SUH, PLC 32000 Northwestern Hwy. Suite 260 Farmington Hills, MI 48334 Phone: 248. 932. 8844 Skye Suh, Esq."— Presentation transcript:

1 SKYE SUH, PLC Northwestern Hwy. Suite 260 Farmington Hills, MI Phone: Skye Suh, Esq.

2 Expanding Your Global Business with Foreign Employees Overview I. Form I-9 Employer Requirements Presented by Skye Suh, Esq., Managing Member II. Hiring Employees to Work Abroad Skye Suh, Esq. III. E Visa Treaty Trader/Investor Requirements Skye Suh, Esq. IV. H1B Program Specialty Occupations Presented by Elissa McDaniels, Esq. V. TN Professionals Elissa McDaniels, Esq. VI. Visa Waiver Program and Visitor Visa Category Elissa McDaniels, Esq.

3 Form I-9 Requirements New Form Required by USCIS / April 2009 Employer must review valid / unexpired immigration documents

4 Form I-9 *Form is enclosed in your package

5 Hiring Employees to Work Abroad Recruitment Issues Surrounding Employment Abroad Corporate Establishment

6 E Treaty Trader/Investor Visa Based on Treaty between U.S. and foreign country Nationality of Corporation Substantial Trade or Investment -Principal trade between U.S. and treaty country (more than 50% of international trade) -Cannot be marginal investment

7 Employment Requirements / E Visa Foreign National must be national of the treaty country – No requirement of employment at foreign entity abroad – Must demonstrate reason for hire / qualifications Key Employees - Executive and Supervisory employees - Essential Skills employees (“indispensable” to the success of the enterprise)

8 Admission Admission for 2 years - Indefinite extensions provided requirements continue to be met Must have ultimate intention to depart U.S.; shown through attestations from employee; proof of foreign residence is helpful - Quasi “dual-intent”

9 How to Apply Apply through USCIS - Visa must be obtained to reenter the U.S. - Processing times vary with USCIS workload (3-6 mos.) Apply at Consulate in home country -Processing times vary with workload (1-3 mos.) -Interview generally required / Consulate specific practices Family Members - Spouse and unmarried children under 21 - Employment authorization for spouse of E visa holder

10 H1B Program “Specialty Occupation” Job must qualify as “Specialty Occupation” which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification also applies to Government-to- Government research and development, or co- production projects administered by the Department of Defense Employer must be a “U.S. Employer” Unless certain exceptions met, maximum 6 year limitation on period of stay

11 “The Cap” Filings accepted on April 1 st of fiscal year - Work authorization commences on Oct. 1st for approved petitions 65,000 visas for “Regular Cap” - Generally 100 for Government / Dept. of Defense 20,000 visas for “Masters Cap” Lottery Trends in Cap Counts

12 Employer Requirements Employer must pay “prevailing wage” - Department of Labor standards for state/county of employment location Labor Condition Application filed with Dept. of Labor - Certifies prevailing wage - Employer attestations - “Dependant Employers” and TARP Fund Recipients and Section 13 of Federal Reserve Act No Benching - Employer must continue to pay employee during non- productive periods, with exceptions

13 How to Apply Petition to USCIS -American Competitiveness and Workforce Improvement Act - Fraud Prevention Fee - Processing times vary with USCIS workload (3-6 mos.) - Apply for actual visa at consulate / interview required “Dual-intent” visa -Permissible for company to sponsor employee for immigrant visa while employee holds temporary work status as H1B Family Members - Spouse and unmarried children under 21 may qualify as derivative family members - Spouse or child of a temporary H1B worker may not accept employment in the United States

14 TN Professionals Canadian and Mexican Nationals a) Canadian nationals generally do not require visa; application at port of entry - Apply with employment letter, proof of credentials, licensure (if applicable), proof of citizenship, visa fee b) Mexican nationals required to obtain visa at consulate - Interview required / consulate specific practices - Fingerprints generally taken at interview

15 TN Professionals Profession is on the NAFTA list; Position in the U.S. requires a NAFTA professional; Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer; Professional Canadian or Mexican national has the qualifications of the profession; Bachelor’s degree normally required

16 TN Professionals Non-Immigrant Intent - Must demonstrate that stay is a temporary period that has a reasonable, finite end date that does not equate to permanent residence Duration of Stay - Initial admission not to exceed 3 years, with extensions in increments up to 3 years, provided employee continues to meet requirements - Apply through USCIS or Port of Entry for extensions

17 Visitor Visas and Visa Waiver Program The B "visitor" visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1), for pleasure/tourism (B-2), or combination of both (B-1/B-2) purposes. Visa Waiver Program: Travelers coming to the U.S. for tourism or business for 90 days or less from qualified countries may be eligible to visit the U.S. without a visa if they meet the visa waiver program requirements (35 countries participate in the Visa Waiver Program)

18 Visa Waiver Program VWP eligible travelers may apply for a visa, if they prefer to do so On November 17, 2008, the Visa Waiver Program was expanded to include the Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of Korea and the Slovak Republic. On December 30, 2008 Malta joined the VWP VWP Countries include: Andorra, Iceland, Norway, Australia, Ireland, Portugal, Austria, Italy, San Marino, Belgium, Japan, Singapore, Brunei, Latvia, Slovakia, Czech Republic, Liechtenstein, Slovenia, Denmark, Lithuania, South Korea, Estonia, Luxembourg, Spain, Finland, Malta, Sweden, France, Monaco, Switzerland, Germany, the Netherlands, United Kingdom, Hungary, New Zealand

19 Requirements for B Visa/ Business Non-immigrant intent - Must overcome “immigrant intent” presumption - Demonstrate date certain to return abroad - Must maintain foreign residence / demonstrate “ties abroad” Application and Duration of stay - Initial application at consulate in home country - Interview required - Admission for length required to complete business purposes -Extensions of 6 months through USCIS

20 Activities of Business Visitor Permissible activities include: May engage in commercial transactions not involving gainful employment - Negotiating contracts - Attending business meetings - Oversight of business activities - Attend conventions Prohibited activities: -Gainful employment / Labor for hire -Payment of wages in U.S. (must be paid abroad by foreign employer)

21 SKYE SUH, PLC Northwestern Hwy. Suite 260 Farmington Hills, MI Phone: Skye Suh, Esq., Managing Member


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