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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 - PowerPoint PPT Presentation
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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.
Klasko, Rulon, Stock & Seltzer, LLP
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
Klasko, Rulon, Stock & Seltzer, LLP
II. Nonimmigrant (Temporary) Visa Options
Klasko, Rulon, Stock & Seltzer, LLP
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
Klasko, Rulon, Stock & Seltzer, LLP
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
Klasko, Rulon, Stock & Seltzer, LLP
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
Klasko, Rulon, Stock & Seltzer, LLP
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
Klasko, Rulon, Stock & Seltzer, LLP
Other Visa Options
O-1 E-1 Country-specific (TN-1, E-3)
Klasko, Rulon, Stock & Seltzer, LLP
III. Permanent Residence Options
Klasko, Rulon, Stock & Seltzer, LLP
Multinational Executive
Must meet L-1 requirements U.S. company doing business at least one year No quota backlog
Klasko, Rulon, Stock & Seltzer, LLP
Extraordinary Ability Executive
National or international renown Document intensive No quota backlog
Klasko, Rulon, Stock & Seltzer, LLP
Labor Certification Application
Proving unavailability of qualified U.S. worker Lengthier process May be quota backlog
Klasko, Rulon, Stock & Seltzer, LLP
Travel Issues for Permanent Residents
6 months or less 6 to 12 months More than 12 months Reentry permits
Klasko, Rulon, Stock & Seltzer, LLP
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
Klasko, Rulon, Stock & Seltzer, LLP
V. Retiring / Expatriating Executive
Klasko, Rulon, Stock & Seltzer, LLP
Nonimmigrant
May be difficult to remain in U.S.
May be difficult for spouse and child to remain in U.S.
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident
If leaves U.S.:
Abandonment issues
Impact on spouse and child
No prohibition on future immigration
May be tax consequences
Klasko, Rulon, Stock & Seltzer, LLP
Naturalized U.S. Citizen
If leaves U.S.:
Tax avoidance purpose presumed if expatriates
Exclusion from entry into U.S. possible
Klasko, Rulon, Stock & Seltzer, LLP
Questions ?
Klasko, Rulon, Stock & Seltzer, LLP
For Further Information
H. Ronald Klasko, Esq.
Klasko, Rulon, Stock and Seltzer, LLP1800 John F. Kennedy Blvd., Suite 1700
Philadelphia, PA 19103
rklasko@klaskolaw.com
215-825-8600
www.klaskolaw.com
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