SKYE SUH, PLC 32000 Northwestern Hwy. Suite 260

Farmington Hills, MI 48334Phone: 248. 932. 8844

Skye Suh, Esq.

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.

Form I-9 Requirements

• New Form Required by USCIS /

April 2009

• Employer must review valid /

unexpired immigration documents

Form I-9 *Form is enclosed in your package

Hiring Employees to Work Abroad

• Recruitment

• Issues Surrounding Employment Abroad

• Corporate Establishment

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

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)

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”

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

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

“The Cap”

• Filings accepted on April 1st 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

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

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

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

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

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

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)

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

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

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)

SKYE SUH, PLC 32000 Northwestern Hwy.

Suite 260Farmington Hills, MI 48334

Phone: 248. 932. 8844Skye Suh, Esq., Managing

Member