stephanie paver, senior attorney u.s. visa and immigration processes for the business traveler...
TRANSCRIPT
Stephanie Paver, Senior Attorney
U.S. Visa and Immigration Processes for the Business Traveler
Everything International!
Session Highlights
Overview of Business Visitor Visa Category
Permissible Business Visitor Activities
Visa Waiver Program
Overview of U.S. Visa Application Process
Considerations in International Travel
B-1 Business Visitor Visas
Purpose: To visit the U.S. for a short period of time to engage in business activities.
Procedure: Must apply for B visa at U.S. consulate.
Limitations: a. May not engage in employment in U.S. and may not be paid any U.S. salary. This is NOT a work visa.
b. Non-immigrant/Temporary intent required.
c. Time Period for admission to U.S. determined by Immigration officer– 1 week to 6 months.
d. Extensions may be available by filing I-539 application.
Permissible B-1 Business Visitor Activities
• Commercial transactions
• Negotiations
• Consultations
• Conferences
• Litigation
• Individual research
• Commercial or industrial workers entering the U.S. to install, service or repair commercial equipment or machinery purchased from a company
outside U.S. (should have sales contract).
• Attend seminars.
• Observing business activity.
• Business Visitor– Attend meetings– Port of entry letter recommended
• Work without a Work Permit – VERY limited– After-sales service agreement:
“service being performed as part of the original or extended sales agreement, lease/rental agreement, warranty, or service contract”Port of entry application is made with a purchase order, contract, etc.
Business Visitors – Work without a Work Permit
• Certain categories that can be employed:– Minister/missionaries– Religious volunteers– Board of directors of U.S. corporation– Certain professional athletes
Business Visitors – Work without a Work Permit
• Available to persons from certain countries coming for B-1 reasons for stays of 90 days or less.
• Issued I-94.• Must first apply for authorization through ESTA (Electronic System for
Travel Authorization).
• Advantage – No need to apply for visitor visa at U.S. Embassy/Consulate.
• Disadvantage
• 90 days limit on stay.
• No Change of Status or Extension of Status.
• No Adjustment of Status, generally.
Visa Waiver Program – WB/Business
Due to the heightened scrutiny on the B-1 visa program, both technical compliance and appearances are important. Employers must ensure that:• Activities undertaken under B-1 visa are appropriate and in accordance
with the Foreign Affairs Manual.• Company’s overall profile and record of visa usage should not establish a
usage pattern which may call into question the employer’s overall immigration compliance.
Employer Concerns and Red Flags
• Protect against inappropriate use of the B visa and Visa Waiver programs.– Systematic use of the B visa program for
the regular rotation of foreign workers to the United States to fill positions that would otherwise be filled domestically in the employer’s regular workforce is deemed inappropriate.
– Ensure that foreign nationals assigned through an independent contractor agreement are in compliance with Immigration laws.
– Letters of Invitations.
Employer Concerns and Red Flags
• Apply for U.S. Visa at U.S. Consulate Abroad• Be familiar with particular post procedures by visiting the Post website at
www.usembassy.gov. This will insure compliance with Post requirements, including items needed at the time of the visa interview.
• Complete DS-160 Visa Application online • DS-160 Application submitted online prior to scheduling visa interview. • The applicant must insure that such application is properly and correctly
filled out before it is submitted on-line.
U.S. Visa Application Process – U.S. Consulate
• Apply for U.S. Visa at U.S. Consulate Abroad• Be familiar with particular post procedures by visiting the Post website at
www.usembassy.gov. This will insure compliance with Post requirements, including items needed at the time of the visa interview.
• Complete DS-160 Visa Application online via State Department website • The applicant must insure that such application is properly and correctly
filled out before it is submitted on-line.
U.S. Visa Application Process – U.S. Consulate
• Who’s most likely to be affected by administrative processing delays? – Information disclosed on the DS-160 about travel to certain Middle Eastern
countries in the last 10 years, military service or specialized skills or training.– Country of birth, citizenship or residence - persons born in Iran, Sudan, Syria &
Cuba.– Males between the ages of 16 and 64 are more likely to be subject to
clearance requests than females.
• Applicants with STEM degrees (Science, Technology, Engineering and Math) are likely to be scrutinized and may require a security advisory opinion to ensure individual does not pose a security risk.
• Likelihood of false hits on databases maintained by government on commonality of a name, e.g. Smith, Gonzalez, Mohammad, etc.
Potential for Delays: Administrative Processing
• Once in the queue for a security advisory opinion, NO visa can be issued until the Department of State Visa Office informs the consular post of the outcome.
• Most security clearances are resolved within 60 days.
• For anything beyond 60 days, it’s advisable to contact the Department of State Visa Office for follow up and also contact the NIV Chief at consular post and U.S. Department of State post liaison for resolution.
Important Considerations: U.S. Visa Processing
• Consular officers are required to refer non-immigrant visa applicants to panel physicians for medical examinations if the applicant has:1. A single alcohol-related arrest or
conviction within the last five years;2. Two or more drunk driving arrests or
convictions in the last ten years; or 3. If there is any other evidence to suggest
an alcohol problem.
Previous DWI’s – Impact on Visa Application Process
• Any criminal charge/conviction or prior immigration violation will delay visa issuance process and/or may result in denial of admission by the Immigration Officer upon arrival to the U.S.
• Employees should be candid with counsel about such issues, so they may be vetted ahead of time. This includes employee as well as his family members that will be seeking a visa/admission with the main beneficiary.
• If there are any criminal issues, the applicant must obtain certified copies of judgment and sentence to document charge and disposition of the case.
• Non-immigrant visa waivers available for most violations, although such waivers are issued on a case by case basis and in the exercise of discretion.
Criminal Record of Past Immigration Violations
• As of 04/26/2013, CBP only issues electronic I-94s for air and sea travel. Paper I-94s still being issued at land border Ports of Entry.
• Only Passport or travel documents will be stamped with admission date, visa class, and expiration date.
• I-94 will be available to print from CBP website www.CBP.gov/I94 which is now fully operational.
• Individuals should be able to print the I-94 within 24 hours. However, glitches still exist and sometimes system takes several days to update the most current data.
• Errors in the system are very common, e.g. wrong status or incorrect expiration date. Employees are encouraged to print out I-94s for review, so if there are errors, they can be caught on time and corrected, in order to avoid negative consequences.
Automated I-94 Records: Beware of Glitches!
International Trends at Border Crossings
• Apply rules more strictly• Improve methods to detect noncompliance• Customs, immigration, and tax work together• Apply analytics to passenger pre-screens
Examples of data checks at border: Stop list Black list Overstay tourists
Court Order list Police Wanted list Canceled Travel Document List
• Protection of local labor force and crack-downs due to unemployment levels
• Prevention of illegal immigration– Same political forces at play abroad as in the U.S.
• Security concerns– Terrorism is worldwide concern.– Expansion of traditional business activities into developing
markets with political strife.
Political and Economic Forces Behind Trends
• If an individual has committed or has been convicted of a crime in any country, including DUI offenses, he or she may be inadmissible to Canada.
• Crime must by analyzed under Canadian law.• If inadmissible, Rehabilitation/TRP application.
– Filed with Canadian consulate or port of entry.
• If a sentence was concluded over ten years ago, and there was only a single incident, an individual may be deemed rehabilitated.
Canadian Criminal Admissibility Issues
