Business Immigration Law: Strategies For Employing Foreign Nationals

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Rodney A. Malpert, Amanda Thompson, Marketa Lindt, Co- Authors

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Finally, employing foreign nationals has been demystified! Business Immigration Law: Strategies for Employing Foreign Nationals guides you step—by—step through this intricate legal maze. An impressive array of specialists provides helpful and pragmatic advice on the non-immigrant work authorization, including: specialty occupations (H-1Bs); intra-company transfers from abroad (L-1); and treaty traders and investors (E-1 and E-2). Coverage includes: tax issues; discrimination law problems raised by screening foreign nationals during hiring; how to avoid sanctions for I-9 violations; and the interaction between non-immigrant and immigrant statuses. This book's appendices provide forms, guidelines, regulations and other helpful materials.

Book #00655; looseleaf, one volume, approximately 1,329 pages; published in 2000, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-092-0

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  • Brand: Law Journal Press
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  • ISBN: 978-1-58852-092-0
  • Pub#/SKU#: 655
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  • Rodney A. Malpert
Rodney A. Malpert is a partner at Fragomen, Del Rey, Bernsen & Loewy, LLP in Phoenix, Arizona. He is an adjunct professor of Business Immigration Law at Arizona State University Law School, and for many years taught Immigration Law at Southern Methodist University Law School. Mr. Malpert has been on the Board of Directors of the American Council on International Personnel. He has also been an active lobbyist for business immigration reform and is frequently sought by media for commentary. Mr. Malpert is a frequent speaker at conferences throughout the world. He appears in Who’s Who Legal: The International Who’s Who of Corporate Immigration Lawyers. He is a 1986 graduate of Cornell University Law School and has an M.A. in Government from Cornell. Mr. Malpert is co-author, with Amanda Thompson and Marketa Lindt, of Business Immigration Law: Forms and Filings, also published by Law Journal Press. 

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  • Amanda Thompson
Amanda Thompson maintains an immigration law practice in Chicago, has more than fifteen years of experience practicing U.S. business immigration law from two perspectives: as outside counsel assisting organizations with their immigration needs and as the in-house immigration specialist for a national research facility. She is a former J-1 Responsible Officer, F-1 Designated School Official, and E-Verify Administrator. Her clients have included Fortune 100 corporations and multinational businesses, start-up businesses, and highly educated individuals working in education, government or research environments. Ms. Thompson has acquired a unique perspective on the internal needs of organizations with international populations, and hence her services include not only the traditional immigration process for temporary and permanent work-authorizing statuses in the U.S., but also the development and implementation of organization-wide systems that support international populations and the immigration process. Ms. Thompson is a frequent writer and speaker on a variety of immigration topics. She is a member of the American Immigration Lawyers Association and Vice-Chair of its Students and Scholars Committee, and also a member of the National User Facility Organization. She was born in Edinburgh, Scotland, and grew up in Edmonton, Alberta, Canada. She has a Bachelor of Arts degree from the University of Alberta, Canada, and a Law Degree from the University of British Columbia, Canada.

Author Image
  • Marketa Lindt

Marketa Lindt is Partner for the immigration group at the Chicago office of Sidley Austin LLP. Ms. Lindt leads the group’s I-9 compliance practice, counseling companies in defending against government workplace enforcement actions and developing policies to avoid employer sanctions. Ms. Lindt advises employers on workforce strategy and visa processing for foreign national employees,proactive immigration procedures regarding mergers and acquisitions, and other corporate transactions. She also serves as immigration counsel to individual and corporate white-collar criminal defendants. Ms. Lindt represents U.S. and multinational corporations, educational institutions, healthcare facilities,nonprofit organizations, and high net-worth individuals. She earned a J.D. and an M.A. in International Affairs from the University of Pittsburgh in 1994,Order of the Barrister. Ms. Lindt has appeared many times on television and radio, has written articles on immigration law and practice, and regularly speaks at national and regional conferences. Ms. Lindt is an adjunct professor at Loyola University School of Law where she teaches a class on immigration worksite enforcement.

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  • Co- Authors

Roger C. Wolf and Tarik H. Sultan (Authors of Chapter 1) are shareholders with the firm of Wolf & Sultan, P.C., in Tucson, Arizona. The firm practices solely immigration and nationality law. Mr. Wolf was the first chairman of the American Immigration Lawyers Association (AILA), Arizona Chapter, in 1980. He is listed in The Best Lawyers in America. Mr. Wolf is a graduate of the University of Michigan Law School. Mr. Sultan has served as an attorney in the U.S. Department of Justice, advising the U.S. Immigration Court in Phoenix, Arizona. Mr. Sultan has also served as a Director on the National Board of Governors for AILA. Mr. Sultan is listed in The Best Lawyers in America.

Rebecca S. Whitehouse (Co-author of Chapter 2) practices labor and employment law and business immigration law in Plano, Texas. Ms. Whitehouse also is a member of AILA and is a frequent speaker about recruiting foreign nationals, employment discrimination, and other overlapping areas of employment and immigration law. Ms. Whitehouse is a 1991 graduate of the University of Michigan Law School.

Robert Torresen (Co-author of Chapter 2) is a Partner in the international trade practice group in the Washington, DC office of Sidley Austin LLP. He counsels companies on all aspects of the movement of goods, services and technology across national borders, with particular emphasis on dual-use and military export controls administered by the Departments of Commerce and State, respectively, as well as economic sanctions and embargoes administered by the Treasury Department’s Office of Foreign Assets Control (OFAC). He has represented a wide variety of companies and individuals in both criminal and civil enforcement actions relating to export controls and economic sanctions. Mr. Torresen is a graduate of the George Washingon University Law School.

Kevin Lashus (Co-author of Chapter 3) is the Managing Partner of Jackson Lewis LLP of Austin, Texas. Mr. Lashus focuses his practice on corporate employment verification compliance and inbound business immigration. Mr. Lashus assists clients in developing comprehensive employment authorization and immigration-related compliance systems, including full-scale or localized IMAGE and E-Verify implementation protocols. He has served as Texas Assistant Attorney General, Assistant District Counsel with the U.S. Department of Justice, and as an Assistant Chief Counsel with the U.S. Department of Homeland Security. Mr. Lashus is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization, and is a graduate of Stanford University and The University of Texas School of Law.

George N. Lester IV (Principal author of Chapter 4) is Of Counsel with Fragomen, Del Rey, Bernsen & Loewy, LLP in Boston. Mr. Lester IV has practiced exclusively immigration and nationality law for over ten years, and regularly speaks to business, academic, and professional groups on immigration topics. As part of his regular AILA activities, Mr. Lester meets with officials of the INS Vermont Service Center to discuss H-1B and other liaison topics. He also serves as Treasurer and a Board Member of the Political Asylum/Immigration Representation Project (PAIR) in Boston, and received that organization's Pro Bono Attorney Award for Dedication and Commitment to Human Rights in May 1996. Mr. Lester is a 1989 graduate of Northeastern University School of Law.

Richard A. Gump, Jr. (Co-author of Chapter 5) practices in Dallas, Texas in the international and governmental regulatory areas, with emphasis on immigration, international, and employment law. In particular, he has significant experience in strategic planning for business and personal visas for international personnel and the structuring of international joint ventures. Mr. Gump is a member of, inter alia, AILA, the International Bar Association, and the International and Labor Employment Law Sections of the American Bar Association. Mr. Gump, who has practiced law in Dallas since 1972, is a former partner of Akin, Gump, Strauss, Hauer & Feld, L.L.P., a Dallas-based national law firm, and Calhoun, Gump, Spillman & Stacy. Mr. Gump is a 1972 graduate of the University of Texas School of Law.

Leslie K. L. Thiele (Author of Chapter 6) is an attorney in the International Practice Group of the Albany law firm, Whiteman Osterman & Hanna. Her practice is concentrated in the areas of international business transactions, international trade, and business-related immigration. Ms. Thiele is a member of AILA, the International Bar Association, the German-American Law Association, and the International Law Section of the American Bar Association. Ms. Thiele is listed in Who’s Who in American Law and Who’s Who in America. She studied as a Fulbright Scholar at the Institute for International Law in Kiel, West Germany in 1977-1979. She is a 1980 graduate of Duke University Law School and received an L.L.M. in international and comparative law at Duke later the same year.

Heather N. Segal (Co-author of Chapter 7) is a partner with Guberman, Garson of Toronto. She is widely recognized for her expertise in immigration law and she speaks regularly at conferences and seminars throughout the world. Ms. Segal practices exclusively in the area of Canadian immigration law and American Consular and Border immigration law. She is currently a Director on the AILA Board of Governors and has spoken at numerous AILA conferences. She is a member of the AILA Customs and Border Protection Liaison Committee. Ms. Segal is also Chair of the American Chamber of Commerce Cross Border Committee. She was voted by her peers as one of the world’s leading practitioners in corporation immigration law in Who’s Who in Legal Corporate Immigration. Ms. Segal has held a series of positions with AILA. She is a graduate of the University of Toronto, Queens’ University, University of California Boalt Hall School of Law, and was a member of a symposium at the Hague Academy of International Law.

Joel S. Guberman (Co-author of Chapter 7) is a senior partner with Guberman, Garson of Toronto who has been practicing in the field of immigration law for over twenty-five years. Mr. Guberman is one of the leading Canadian lawyers for corporate immigration matters and is highly regarded internationally. He advises his clients on immigration issues related to conducting business across international borders, and his clients include senior executives and individuals as well as institutions and large multinational organizations. He also advises on North American free trade, treaty investors and treaty traders, and other issues related to worldwide skilled worker immigration. Mr. Guberman is certified by the Law Society of Upper Canada as a Specialist in Immigration Law and has held leadership positions with AILA. He lectures and participates in numerous seminars, panels, and symposia on both Canadian and U.S. immigration law. Mr. Guberman is a graduate of the University of Manitoba and the Osgoode Law School at York University.

Vicki L. Martin-Odette (Author of Chapter 9) is a partner at Haynes and Boone, LLP in Dallas, Texas, and practices in the areas of business planning and taxation. Ms. Martin has significant experience in advising businesses on a variety of international and domestic tax and business issues. Ms. Martin is a member of the American Bar Association’s Section of Taxation and the Texas State Bar Association’s Section of Taxation. She is a frequent writer and speaker on business and tax issues, and she has served as an adjunct professor of law at Southern Methodist University. Ms. Martin received her J.D. from Southern Methodist University, her LL.M. in International Law from Georgetown University Law Center, and her LL.M. in Taxation from New York University School of Law.

Mehron P. Azarmehr (Co-author of Chapter 11) is founder and managing attorney at Azarmehr & Associates, P.C., an immigration firm with offices in Austin and San Antonio, Texas, and Monterrey, Mexico. Mr. Azarmehr is a member of the American Immigration Lawyers Association and a Fellow at the Texas Bar Foundation. He is admitted to practice before the Fifth Circuit Federal Court of Appeals and the Eastern, Northern, and Western Districts of the U.S. District Court of Texas. Mr. Azarmehr is a frequent speaker at conferences and academic institutions. Attorney Azarmehr has a B.A. and an M.S. in economics, and he earned a J.D. from St. Mary’s University School of Law in 1992. He has been practicing law in Texas since 1992. After graduating from law school, he served as an Assistant Attorney General with the Texas Attorney General’s office in Austin, Texas, until 1996. From 1996 to 1998 he practiced immigration law at Gardere & Wynne, L.L.P. in Dallas.

Allison Leigh Ouvry (Co-author of Chapter 11) has been practicing law since 1996, after graduating from the University of Texas at Austin School of Law. She also earned a B.A. from the University of Virginia. Ms. Ouvry began practicing immigration law with Azarmehr & Associates, P.C., in Austin, Texas, in 2000. In 2007 Ms. Ouvry opened a firm in New York City, DeFrees Law, PLLC, and in 2009 moved the office to London, where she is currently a member of the Hodkinson Law Group and also continues to actively serve Azarmehr & Associates, P.C. on an Of Counsel basis. Ms. Ouvry has been admitted to practice law in Texas and New York, and is a member of the American Immigration Lawyers Association, including the Rome District Chapter, and a member of the London Library and Academy, also located in London.

Basic Concepts

§ 1.01 Legislative Authority
§ 1.02 Agencies
[1] Department of Homeland Security (DHS): USCIS, ICE, and CBP
[2] Department of State (DOS)
[3] Department of Labor (DOL)
[4 Other Agencies
§ 1.03 Statutes, Regulations, and Other Guides
§ 1.04 Immigrant and Nonimmigrant Status
[1] Essential Concepts
[2] Extending, Changing, or Adjusting Status
[3] Immigrants versus Nonimmigrants
§ 1.05 Nomenclature of Visa Categories Such as E, L, and H-1B
§ 1.06 Visa Waiver Permanent Program
§ 1.07 Obtaining Nonimmigrant Status
[1] Petitioning the USCIS
[2] Obtaining a Visa
[3] Avoiding Problems upon Admission to the United States
[4 Change of Status from Within the United States
[5] Procedure for Filing a Nonimmigrant Petition
§ 1.08 Dependents of Nonimmigrants
[1] Obtaining Nonimmigrant Visas
[2] Obtaining Nonimmigrant Status
[3] Employment
[4 Education
§ 1.09 Maintenance and Limitations of Nonimmigrant Status
§ 1.10 Extension of Nonimmigrant Status
[1] Contents, Structure, and Purpose of Extension Petitions
[2] Filing Extension Petitions
[3] Employment During Pendency of Extension Petitions
[4 Denials
§ 1.11 Inadmissibility
[1] Grounds
[2] Determinations of Inadmissibility
[3] Overcoming Inadmissibility to Obtain Entry

Recruiting Foreign Nationals

§ 2.01 The Need for a Strategy
§ 2.02 Potential Disadvantages of Recruiting
[1] Delay in Obtaining Employment Authorization
[2] Cost of Obtaining Employment Authorization
[3] Limited Length of Employment Authorization
[4 Subsequent Costs: Changes in Terms and Employment Termination
§ 2.03 Deemed Export Rule
[1] Sources of Export Regulation
[2] “Export” and “Deemed Export” Defined
[3] Which Employees Are Subject to the “Deemed Export” Rule
[4 Items and Activities Subject to Export Regulation
[5] When a License Is Required for a Deemed Export
[6] Screening for Export Control Issues in Recruitment and Hiring
§ 2.04 Discrimination Issues
[1] Overview
[2] Which Employers Are Subject to Antidiscrimination Laws
[3] National Origin Discrimination
[4 Citizenship Status Discrimination
[5] Document Abuse
[6] Wage and Hour Laws/Workers’ Compensation Benefits
[7] The Retaliation Case
[8] RICO
§ 2.05 Hiring Practices and Employment Policies
[1] Interviewing Applicants
[2] Limiting Visa Status Sponsorship
[3] The Labor Certification Process: Who Is a “United States Worker”?
[4 United States Citizens-Only: Hiring Policies
[5] United States Citizens-Only: Policies Affecting Terms or Conditions of Employment
[6] Treaty-Authorized Discrimination Against United States Citizens
[7] Choosing Between Equally Qualified United States Citizens and Foreign Nationals
[8] Choosing Between Undocumented Aliens/Nonimmigrants and Protected Individuals
[9] Fluency in English and “English-Only” Policies
[10] Job Assignments
[11] Requiring a Social Security Number
[12] National Security Clearance
§ 2.06 Enforcement
[1] Agency Jurisdiction
[2] Filing a Charge Under IRCA
[3] Filing a Charge Under Title VII
§ 2.07 Recruiting Students
[1] Student Visa Status and Employment
[2] New Visa Status: Timing Considerations
§ 2.08 Employment Contracts
[1] The Unintended Contract
[2] Sponsorship and Fees Contracts

Short-Term Needs

§ 3.01 Introduction
§ 3.02 B-1 Visas
[1] Overview of B-1 Status
[2] Permissible Activities
[3] Obtaining B-1 Status
§ 3.03 H-2B Status
[1] The Temporary Need
[2] Nationality
[3] H-2B Quota
[4] How to Obtain H-2B Status
§ 3.04 H-3 Status
[1] The Training Program
[2] How to Obtain H-3 Status
[3] Extension of H-3 Status; Changing to Another Status
§ 3.05 J-1 Exchange Visitor Status
[1] Summary of Program Categories
[2] Obtaining J Status
[3] J-1 Status Entry
[4 Reinstatement of J Status Holders
[5] Obligation of Sponsor upon Completion of the J Program
[6] Transfer of Sponsors
[7] Employment of J Status Holders
[8] Two-Year Return Residence Requirement
[9] Sanctions for Regulatory Breaches
[10] Termination of J Program Sponsorship
§ 3.06 O-1 Status for Extraordinary Foreign Nationals
[1] Extraordinary Ability Defined
[2] Extraordinary Foreign Nationals Must Enter the United States to Work in Their Fields
[3] Peer Group Consultation
[4 O-2 Status Holders Accompanying Foreign Nationals
[5] How to Obtain O Status

Specialty Occupation Professionals

§ 4.01 Introduction to H-1B Program
§ 4.02 General Requirements of Program
[1] Status of Petitioner
[2] Specialty Occupation Defined
[3] Foreign Worker’s Qualifications
[4 Labor Condition Application as Prerequisite
[5] Filing the H-1B Petition
[6] Receipt of H-1B Status
§ 4.03 Establishment of the H-1B Category and the H-1B “Cap”
[1] Statutory Provisions
[2] Regulations
[3] The H-1B “Cap”
§ 4.04 The Petitioner and Its Job Offer
[1] The “United States Employer”
[2] The Employer’s Right to Control
[3] The “United States Agent”
[4] The Bona Fide Nonspeculative Job Offer
§ 4.05 Specialty Occupation Defined
[1] The Legal Standard
[2] Defining the Job
[3] Straightforward Specialty Occupations: The “Easy” Cases
[4 Establishing the “Specialty Occupation” in Complex Cases
[5] Additional Criteria
[6] Occupational Categories
§ 4.06 Beneficiary’s Required Qualifications
[1] The Legal Standard
[2] United States or Foreign Baccalaureate Degree
[3] Baccalaureate Degree Subject Matter
[4 Education Plus Experience and Training
[5] Licensure
[6] Physicians
[7] Certification for Foreign Health Care Workers
§ 4.07 The Labor Condition Application (LCA)
[1] Background and Purpose
[2] Payment of “Required Wage Rate”: LCA Attestation #1
[3] “No Adverse Effect on Working Conditions”: LCA Attestation #2
[4 “No Strike or Lockout”: LCA Attestation #3
[5] Notice to Employees of Filing: LCA Attestation #4
[6] “Non-Displacement” and Recruitment of U.S. Workers: LCA Attestations for “H-1B Dependent” and “Willful Violator” Employers
[7] Completing the LCA
[8] Filing the LCA
[9] The Public Access File and Retention of Records
[10] Payment of Required Wage and Prohibition on Nonproductive Status
[11] When a New LCA Is Required for a Change in Location and “Short-Term” Placement
[12] Enforcement and Penalties
§ 4.08 H-1B Petition Filing
[1] The Petition
[2] Preparing the Petition
[3] Filing the Petition
[4 Requests for Evidence
[5] The Notice of Approval
[6] The H-1B Visa Application and Entry into the United States
[7] Beginning Work
[8] Post-Approval Travel and Visa Processing
[9] Denial and Revocation of a Petition
[10] Special Procedures for Nationals of Chile, Singapore, and Australia
§ 4.09 Special Problems and Advanced Strategies
[1] Transfer Between Multiple Work Locations
[2] “Bench Time”
[3] “Recapturing” Time and Other Strategies to Extend the Six-Year Maximum
[4 Lapse of Status
[5] Anticipating the Annual H-1B Cap
[6] Mergers, Acquisitions, Relocations, and Other Corporate Changes
[7] Termination or Resignation of an H-1B Employee
[8] Maintenance of Status and Portability

Intra-Company Transfers

§ 5.01 Overview of L Status
[1] Generally
[2] Establishing New United States Operations
§ 5.02 The Qualifying Organization
[1] Overview
[2] Elements of the Qualifying Organization
§ 5.03 The Employment
[1] Employment in the United States
[2] Employment Outside the United States
§ 5.04 How to Obtain L Status
[1] Individual Petitions
[2] Blanket Petitions
[3] Maintenance of L Status
§ 5.05 Extensions of Individual L Petitions
[1] Procedure
[2] Evidence
§ 5.06 Extensions of Blanket L Petitions
[1] Validity Periods
[2] Status Holders’ Stays in the United States
§ 5.07 Duration of L Status
§ 5.08 Notification of Material Changes
[1] Corporate Reorganizations
[2] Terms and Conditions of Employment
[3] Transfers to Other Qualifying Organizations
§ 5.09 Spouses and Dependent Children
§ 5.10 Effect of Strikes or Lockouts on L Status

Investment and Trade: E Visas

§ 6.01 Overview
[1] Requirements
[2] Interaction between the Department of State and the U.S. Citizenship and Immigration Services
[3] Duration: A Long-Term Visa Option
§ 6.02 The Treaty Requirement
[1] Types of Qualifying Treaties
[2] Treaty Limitations
[3] Special NAFTA Requirements
§ 6.03 Nationality Requirements
[1] General
[2] Nationality of Individuals
[3] Nationality of Business Organizations
[4 Nationality Requirements for Employees of Treaty Aliens or Treaty Organizations
§ 6.04 Qualifying Functions
[1] The Treaty Trader or Investor
[2] Employees of the Treaty Alien or the Treaty Enterprise
[3] Defining the Position: Employment Discrimination Rules Affecting E Enterprises
§ 6.05 Treaty Trader Issues
[1] Overview
[2] The Definition of “Trade”
[3] The Requirement of “Substantial Trade”
[4 The Requirement of Trade Primarily with the Treaty Country
§ 6.06 Treaty Investor Issues
[1] Overview
[2] The Definition of “Invested” or “Process of Investing”
[3] Investment in a Bona Fide Enterprise
[4 Investment of a “Substantial” Amount of Capital
[5] Marginality
[6] The Ability to Develop and Direct the Enterprise
§ 6.07 Employees of Treaty Traders and Investors
[1] General
[2] Work in a Corporate Group
[3] Substantive Changes in Employment
[4 Nonsubstantive Changes in Employment
[5] Employment of E Treaty Dependents
§ 6.08 Procedures to Obtain E Status
[1] Consular Processing versus the USCIS
[2] Consular Processing Procedures
[3] USCIS Processing Procedures
§ 6.09 Duration and Extension of E Status
[1] Duration of E Visas
[2] Duration of Authorized Stay
[3] The Inadvertent Overstay
[4 Renewal of E Visas Issued at a United States Consulate
[5] Extension of Authorized Stay through the USCIS
§ 6.10 E Status versus Other Nonimmigrant Status
[1] Advantages
[2] Disadvantages
§ 6.11 Immigrant Visas for E Visa Holders


§ 7.01 Introduction
§ 7.02 Business Visitors (B-1)
[1] Permissible Activities
[2] Procedures
§ 7.03 Professionals (TN)
[1] Comparisons to H-1B
[2] Qualifying for TN Classification
[3] Requirements for Citizens of Canada and Mexico
[4 Special Provisions for Citizens of Canada
[5] Special Provisions for Citizens of Mexico
[6] Effect of Labor Disputes
§ 7.04 Traders and Investors (E)
§ 7.05 Intra-Company Transferees (L-1)
§ 7.06 The INSPASS and PORTPASS Programs
[1] Pilot Automated Inspection System (INSPASS)
[2] Port Passenger Accelerated Service System (PORTPASS)
§ 7.07 Temporary Entry: Other Provisions
[1] Protecting Domestic Labor Forces
[2] Temporary Entry Working Group
[3] Spouses of Business Persons: Right to Work
§ 7.08 Canadian Border Admissions
[1] Increased Border Enforcement
[2] Summary Exclusion and Removal Proceedings
[3] Unlawful Presence: Bars to Future Admissibility
§ 7.09 Expedited Removal Proceedings
[1] Persons Subject to Expedited Removal
[2] Procedures
[3] Judicial Review
[4 Consequences of Expedited Removal
§ 7.10 New Grounds for Inadmissibility
[1] Health Care Workers
[2] F-1 Students Who Violate Status
[3] Unlawful Presence
[4 Aliens Engaged in Significant Trafficking in Persons
[5] Aliens Engaged in Money Laundering
§ 7.11 Entry-Exit Controls and the Lookout
§ 7.12 Strategies for Easing Border Admissions
[1] Know Your Client
[2] Know the Intricacies of Immigration Requirements
[3] Know the Free-Trade Officers
[4 Know Your Plan of Action

Employer Sanctions

§ 8.01 History and Overview of Employer Sanctions
[1] Introduction
[2] Developments from 1986 to 1996
[3] The Illegal Immigration Reform and Immigrant Responsibility Act of 1996
[5] 2008 Presidential Order
§ 8.02 Definitions
[1] Person or Other Entity
[2] Hire
[3] Employment
[4 Employees Assigned to the Contract
[5] Employer
[6] Employment in the United States
[7] Recruiters and Referrers for Fees
[8] Federal Contractors
§ 8.03 The Prohibition against Knowing Employment of Unauthorized Aliens
[1] Introduction
[2] Unauthorized Alien
[3] Actual and Constructive Knowledge
[4 Social Security Numbers
[5] The Defense of Good Faith Verification
[6] Criminal Offenses
§ 8.04 I-9 Compliance
[1] Who Completes I-9 Forms
[2] Personnel Requiring Completion of I-9 Forms
[3] Personnel Not Requiring Completion of I-9 Forms
[4 Timing of Completion of the I-9 Form
[5] Completing the I-9 Form
[6] National Electronic Verification Programs
[7] Employer Defenses
[8] Records Retention
[9] Document Fraud
[10] Proposed Reforms
[11] I-9 Compliance for Federal Contractors
§ 8.05 Document Abuse
[1] Introduction
[2] Avoiding Acceptance of Additional Documents Offered by Employees
[3] Avoiding Unjustified Requests for More or Different Documents
[4 The Requirement of Intentional Discrimination
§ 8.06 Penalties
[1] Knowing Employment, or Contracting for Labor of, Unauthorized Aliens
[2] I-9 Violations
[3] Indemnity Bonds
[4 Document Fraud
[5] Document Abuse
[6] National Verification Pilot Program
[7] Preemption of Other Penalties
§ 8.07 Enforcement
[1] I-9 and Knowing Employment Violations
[2] Document Abuse Violations
§ 8.08 Issues Arising from Reorganizations
[1] Introduction
[2] I-9 Verification
[3] Work Authorizations
[4 Grandfathered Employees
[5] Due Diligence

Tax Issues

§ 9.01 Taxation of United States Citizens
[1] Overview
[2] Living and Working Abroad
[3] Expatriation
§ 9.02 Taxation of Foreign Nationals
[1] In General
[2] Other Taxes
§ 9.03 Determination of Resident Foreign National Status
[1] In General
[2] Tax Treaties
§ 9.04 Permanent Residence Test
[1] In General
[2] Revocation of Status
[3] Abandonment of Status
§ 9.05 Substantial Presence Test
[1] In General
[2] Examples
[3] Thirty-one Day Rule
[4 Counting Days
[5] “United States” Defined
§ 9.06 Exceptions to Substantial Presence Test
[1] In General
[2] Presence for Fewer Than 183 Days per Year
[3] Foreign Government-Related Individuals
[4 Teachers and Trainees (J and Q Status)
[5] Students
[6] Professional Athletes
[7] Medical Condition of Foreign Nationals
[8] Commuters from Canada and Mexico
[9] Foreign Nationals in Transit
[10] Foreign Vessel Crew Members
§ 9.07 Resident Foreign National Election
§ 9.08 Resident Foreign National Starting and Termination Dates
[1] In General
[2] Residency Starting Date
[3] Residency Termination Date
[4 No Lapse Rule
§ 9.09 Taxation of Nonresident Foreign Nationals
[1] In General
[2] Source of Income Rule
§ 9.10 Net Basis Taxation
[1] In General
[2] United States Trade or Business
[3] Effectively Connected Income
[4 Allowance of Deductions
§ 9.11 Investments in Real Property in the United States
[1] In General
[2] Tax on Disposition
[3] United States Real Property Interest
[4 Withholding
§ 9.12 Gross Basis Taxation
[1] Withholding Tax
[2] Gains
[3] Income from Real Property
[4 Interest
[5] Reduced Rates under a Treaty
§ 9.13 Income Tax Treaties
[1] In General
[2] Model Treaty Provisions
§ 9.14 Withholding from Compensation
[1] In General
[2] Wages: Form W-4
[3] Pensions
[4 Independent Contractors
§ 9.15 Withholding from Other Income
[1] In General
[2] Partnership Income
[3] Scholarships and Fellowships
§ 9.16 Withholding Exempted or Reduced by a Tax Treaty
[1] In General
[2] Employees
[3] Independent Contractors
[4 Students, Teachers, and Researchers
§ 9.17 Social Security and Federal Unemployment Taxes
[1] In General
[2] Application to Nonimmigrants
[3] International Social Security Agreements
[4 Underpayment and Overpayment of FICA and FUTA Taxes

The Interaction Between Immigrant and Nonimmigrant Statuses

§ 10.01 History of Immigrant Preference Categories
§ 10.02 Applying for Employment-Based Permanent Resident Status
§ 10.03 First Preference Category
[1] Extraordinary Foreign Nationals
[2] Outstanding Researchers and Professors
[3] Multinational Managers or Executives
§ 10.04 Second Preference Category
[1] Exceptional Ability
[2] Schedule A Non-Labor Certification Occupations
[3] Advanced-Degreed Professionals
[4 National Interest Waivers
§ 10.05 Third Preference Category
§ 10.06 Labor Certification
§ 10.07 Immigrant Petition
§ 10.08 Adjustment of Status or Consular Processing of Immigrant Visas
§ 10.09 U.S. Business Structure Effect on Nonimmigrant and Immigrant Categories, Choices, and Interaction
[1] Maximum Stay and EB-1 Petition Process
[2] Consistency Between Filings

Physicians and Other Healthcare Workers

§ 11.01 Overview of Legislation Relating to Healthcare Workers
[1] Legislative History: Treatment of Medical Professionals Entering the U.S.
[2] Proposed Immigration Healthcare Legislation in the 112th Congress
§ 11.02 Certifications and Accreditations for Non-Physician Healthcare Workers
[1] VisaScreen(r) Certification Requirements
[2] National Board of Certification of Occupational Therapy (NBCOT); Visa Credential Verification Certificate (VCVC)
[3] American Registry of Radiologic Technologists (ARRT) Certification for Radiation Therapists
[4 Foreign Credentialing Commission on Physical Therapy (FCCPT)
§ 11.03 State Licensure Requirements
[1] For Physicians
[2] For Nurses
[3] For Physical Therapists
[4 For Occupational Therapists
[5] For Radiation Therapists
§ 11.04 J-1 Status for Physicians
[1] Eligibility and Requirements for J-1 Visa Status
[2] Obtaining the J Status
[3] Duration
[4 Additional Requirements and/or Information
[5] Two-Year Return Residence Requirements
[6] J-1 Waiver of Two-Year Residence Requirement
§ 11.05 H-1B Visa Options
[1] H-1B Status for Physicians
[2] H-1B Status for Non-Physician Healthcare Workers
[3] Obtaining H-1B Visa Status
§ 11.06 TN Status
[1] For Physicians from Canada and Mexico
[2] Obtaining TN Status
[3] Duration of TN Status
[4 Spouses and Accompanying Family Members
§ 11.07 E-3 Status for Australian Healthcare Workers
[1] Overview
[2] General Eligibility and Requirements
[3] Obtaining E-3 Status
[4 Duration of Status
[5] Immigrant Intent
[6] Spouses and Dependent Children
[7] Eligibility of Specific Healthcare Workers
§ 11.08 H-1C Status for Nurses
[1] Background
[2] General Eligibility and Requirements
[3] Visa Application Process
[4 Duration
§ 11.09 H-2B Visa Status for Healthcare Workers
[1] Overview
[2] Seasonal Need and One-Time Occurrences
§ 11.10 Immigrant Visa Options for Physicians
[1] Overview of the Permanent Residence Process
[2] Recruitment-Based Permanent Residency
[3] National Interest Waiver for Physicians Who Agree to Work Full Time in a Health Professional Shortage Area
[4 I-140 Immigration Petition for Aliens of Extraordinary Ability
§ 11.11 Immigrant Visa Options for Nurses
[1] Schedule A Immigrant Visa Petition
[2] Posting Requirements
[3] CIS Filing Requirements
[4 National Visa Center Process
[5] Consular Processing

Table of Abbreviations