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Advising the International Executive I mmigration I ssues

Advising the International Executive I mmigration I ssues. H. Ronald Klasko, Esq. Klasko, Rulon, Stock and Seltzer, LLP Philadelphia New York 1800 JFK Blvd. Suite 1700 317 Madison Ave. Suite 1518 Philadelphia, PA 19103 New York, NY 10017

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Advising the International Executive I mmigration I ssues

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  1. Advising the International ExecutiveImmigration Issues H. Ronald Klasko, Esq. Klasko, Rulon, Stock and Seltzer, LLP Philadelphia New York 1800 JFK Blvd. Suite 1700 317 Madison Ave. Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840 www.klaskolaw.com

  2. 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 Whoof 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.

  3. 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

  4. II.Nonimmigrant (Temporary) Visa Options

  5. 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

  6. 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

  7. 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

  8. 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

  9. Other Visa Options • O-1 • E-1 • Country-specific (TN-1, E-3)

  10. III.Permanent Residence Options

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

  12. Extraordinary Ability Executive • National or international renown • Document intensive • No quota backlog

  13. Labor Certification Application • Proving unavailability of qualified U.S. worker • Lengthier process • May be quota backlog

  14. Travel Issues for Permanent Residents • 6 months or less • 6 to 12 months • More than 12 months • Reentry permits

  15. 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

  16. V. Retiring/ExpatriatingExecutive

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

  18. Permanent Resident If leaves U.S.: • Abandonment issues • Impact on spouse and child • No prohibition on future immigration • May be tax consequences

  19. Naturalized U.S. Citizen If leaves U.S.: • Tax avoidance purpose presumed if expatriates • Exclusion from entry into U.S. possible

  20. Questions ?

  21. For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock and Seltzer, LLP 1800 John F. Kennedy Blvd., Suite 1700 Philadelphia, PA 19103 rklasko@klaskolaw.com 215-825-8600 www.klaskolaw.com

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