advising the international executive i mmigration i ssues

Advising the Advising the International ExecutiveInternational Executive

IImmigration mmigration IIssuesssuesH. Ronald Klasko, Esq.

Klasko, Rulon, Stock and Seltzer, LLPKlasko, Rulon, Stock and Seltzer, LLP

Philadelphia New York1800 JFK Blvd. Suite 1700 317 Madison Ave. Suite 1518Philadelphia, PA 19103 New York, NY 10017215.825.8600 212.796.8840

www.klaskolaw.com

Klasko, Rulon, Stock & Seltzer, LLP

H. Ronald Klasko, Esq.

Ron Klasko is the Managing Partner of Klasko, Rulon, Stock & Seltzer, LLP and has been providing immigration assistance and solutions to small businesses, midsized corporations, and large multinational conglomerates for over 25 years.

Ron is a past National President of the American Immigration Lawyers Association and served for 3 years as the bar association’s General Counsel. He is a past Chair of AILA’s Department of Labor National Liaison Committee, its Task Force on H and L Visas and Business Immigration Committee. Mr. Klasko is the recipient of the 1999 American Immigration Lawyers Association Founders Award, bestowed upon the individual who has had the most positive impact on immigration law.

Ron has been selected as one of six top tier immigration lawyers in the US by The Chambers Global Guide. He is selected annually for inclusion in Best Lawyers in America. The International Who’s Who of Business Lawyers 2007 Corporate Immigration Law edition selected Ron as the ”Most Highly Regarded” business immigration lawyer in the world. He is a frequent author and lecturer on business-related immigration law topics and is a former Adjunct Professor of Immigration Law at Villanova University Law School.

Ron is a graduate of the University of Pennsylvania School of Law.


I. Key Issues

Equity relationship of U.S. company with overseas employer

Ownership of U.S. company Length of employment with overseas company Length of planned transfer Timing of proposed transfer Need of spouse to be employed


II. Nonimmigrant (Temporary) Visa Options


L-1 (Intracompany Transferee) Visa

Equity relationship with overseas employer required U.S. company can be U.S. or foreign-owned 1 year employment with overseas company Can be 3 year initial transfer Easy to convert to permanent Quick turnaround

Premium processing Blanket L-1

Spouse can work


E-2 (Treaty Investor) Visa

No equity relationship with overseas employer required Company and executive must be same nationality No employment with any overseas company required Initial visa can be approved for 5 years Can apply directly at U.S. consul Spouse can work


H-1B (Temporary Professional Worker) Visa

No overseas employer required Can be domestic or foreign-owned employer 3 year approval

Maximum 3 year extension

Timing may be Short (premium processing; portability), or Long (quota wait)

Spouse cannot work


B-1 (Visitor for Business) Visa

Should have overseas employer Must be short-term transfer No U.S. employment allowed No visa required for visa waiver countries


Other Visa Options

O-1 E-1 Country-specific (TN-1, E-3)


III. Permanent Residence Options


Multinational Executive

Must meet L-1 requirements U.S. company doing business at least one year No quota backlog


Extraordinary Ability Executive

National or international renown Document intensive No quota backlog


Labor Certification Application

Proving unavailability of qualified U.S. worker Lengthier process May be quota backlog


Travel Issues for Permanent Residents

6 months or less 6 to 12 months More than 12 months Reentry permits


IV. Naturalization (U.S. Citizenship)

5 years continuous residence 50% physical presence test Absences from U.S.

Greater than 6 months Greater than 1 year

Dual citizenship


V. Retiring / Expatriating Executive


Nonimmigrant

May be difficult to remain in U.S.

May be difficult for spouse and child to remain in U.S.


Permanent Resident

If leaves U.S.:

Abandonment issues

Impact on spouse and child

No prohibition on future immigration

May be tax consequences


Naturalized U.S. Citizen

If leaves U.S.:

Tax avoidance purpose presumed if expatriates

Exclusion from entry into U.S. possible


Questions ?


For Further Information

H. Ronald Klasko, Esq.

Klasko, Rulon, Stock and Seltzer, LLP1800 John F. Kennedy Blvd., Suite 1700

Philadelphia, PA 19103

[email protected]

215-825-8600

www.klaskolaw.com

advising the international executive i mmigration i ssues

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ronald klasko

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