Presentation by Sarah Ames, Eric Ledbetter, and Maria Kallmeyer ©2016 Quarles & Brady LLP. This document provides information of a general nature. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations or issues. Additional facts and information or future developments may affect the subjects addressed in this document. You should consult with a lawyer about your particular circumstances before acting on any of this information because it may not be applicable to you or your situation.

1. 1
Practical Advice on Bringing Foreign
National Employees to Work in the U.S.
August 11, 2016
Sarah Ames
Eric Ledbetter
Maria Kallmeyer

2. 2
Business Law Training Program
What to do to get to the U.S. border
Filing petitions, obtaining visa and boarding planes

3. 3
Documentation needed to enter the US
• When DO travelers need a visa stamp/sticker in their passport
- to work in the U.S.
- to enter the U.S. for any reason if traveler is not from a country
whose citizen can enter under the visa waiver program (ESTA)
- to stay in the U.S. for more than 90 days if traveler is a citizen of a
country who can enter under the visa-waiver program (ESTA)
• When do travelers NOT need a visa
- If traveler is a citizen of a country who can enter under the visa
waiver program (ESTA) and is coming either as a business travel
or a tourist but is NOT coming to the U.S. to work or perform
services.
- Canadian TN and L visa holders

4. 4
Entering the U.S. without a visa under the Visa
Waiver Program (ESTA)
• only available for citizens from certain countries
• requires online registration and payment of fee of $14.
https://esta.cbp.dhs.gov/esta/
• Only for tourists and business travelers
• Does not allow travelers to work in the U.S.

5. 5
When a visa stamp is required
• Can be a 1-3 step process
• When a visa stamp is required, between 1-3 different U.S.
federal government agencies can be involved.
– Dept. of Homeland Security - specifically USCIS
– Dept. of Labor
– Dept. of State
• Every work visa – except for E visas for treaty traders or treaty
investors – requires the filing of a visa petition by a U.S.
employer in the U.S.

6. 6
Filing a visa petition
• Requires the filing of a petition by a U.S. employer with USCIS in the
U.S. (for most common non-immigrant work visas like L and H visas)
• Some petitions can only be filed if a labor condition application was
filed with and approved by the Department of Labor in advance (H and
E-3 visas)
• Some petitions can be expedited which requires an additional fee
• Processing times can be a few days or several months
• Requires that all documents are translated into English

7. 7
Filing a visa petition cont.
• Filed petitions often receive Requests for Evidence (RFE) – can be
extensive
• Approval of petition can either extend the stay of a person who is
already in the U.S. or allow alien to apply for a visa at a U.S.
Consulate.
• Most petitions are approved for 1-3 years
• Approval notice is called Form I-797 and is sent to Employer only

8. 8
Sample I-797 Form Petition Approval notice

9. 9
Exceptions when no prior approved petition is
needed for work visas
• E-1 Treaty Trader and E-2 Treaty Investor visas are mostly applied for
directly at a U.S. Consulate (exception can be application for change of
status in the U.S.)
• TN visas for Canadians and Mexicans with professional degrees
• L-Blanket visas (for employees of multi-national companies that have
previously filed a blanket petition)
• J visas for trainees and interns (requires approval from qualified
program sponsor organizations)

10. 10
What is a visa
• A visa allows one to travel to the border of the U.S. and request to be
admitted in a certain category.
• Once the employer’s petition is approved, the alien can apply for a visa
at a U.S. Consulate.
• Consulates are only outside the U.S.
• Even with an approved petition, a visa is not guaranteed.
• Obtaining a visa is a privilege – not a right.

11. 11
How to apply for a visa
• The visa application is an application by the alien
• Requires completion of form DS-160, an electronic form
– Requires information about the alien
– Questions depend on who completes the form
– Incomplete or incorrectly completed forms can delay the visa issuance
– Once submitted it cannot be changed
– Each family member has to complete a separate form

12. 12
Sample of a DS-160 Confirmation Page

13. 13
How to apply for the visa
• Compile documents for visa application
– Confirmation page of form DS-160
– Proof of payment of visa fee
– Approved petition (if applicable)
– Copy of application
– Documentation about family members
– Passport
• Schedule appointment for visa interview at appropriate U.S. Consulate
– Children under 14 and adults older than 65 don’t have to go for an interview
and submit application by mail

14. 14
The Interview at the Consulate
• Only applicants and family members applying for visas can attend the
interview – applicants can’t be accompanied by attorneys.
• Tight security at Consulates – no cell phones, laptops, pads,
electronics, suitcases or backpacks. Check security notices.
• Wait times at the Consulates can be several hours, but interview is
usually 5-15 minutes long.
• Interview is to check qualification and eligibility.
• Interviews are often in English.
• No dress code but should be appropriate.
• Remember, it’s a right not a privilege, act accordingly.

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After the interview
• If visa is approved
– Consulate will keep passport and mail it back within 3-7 days
– Few Consulates allow pick-up of passport
– Travel to the U.S. can be at any time after return of passport
• If visa is not approved
– Consular officers have wide discretion and there is no appeal.
– Reason can be in the nature of applicant (for example: does not have the
intent to return to the home country, prior convictions, lack of required
experience, does not speak enough English)
– Reason can be lack of qualification of employer (for example not enough
investment, financial inability of employer, no need for alien)
– U.S. Consulate can review the application de novo and make its own
findings

16. 16
What does a visa look like

17. 17
Departing for the U.S.
• Travel documents needed
– Passport
– I-797 approval notice
– Copy of Petition
• Checking in at the airport
– At check-in with airline, point out the visa

18. 18
Have a good flight
Photo courtesy of Sarah Ames

19. 19
Welcome to the United States!
An overview of the procedures and documentation required to enter the
United States as a temporary worker

20. 20
CBP Entry & Inspection Procedure
•DHS vs. DOS
•Immigration vs. Customs
•Visa vs. Status
U.S. Customs and
Border Protection
U.S. Customs and
Border Protection
CBP Entry & Inspection Procedure
•DHS vs. DOS
•Immigration vs. Customs
•Visa vs. Status

21. 21
Department of Homeland Security
• Three Agencies within DHS
• U.S. Customs & Border Protection (CBP)
• U.S. Immigration & Customs Enforcement (ICE)
• U.S. Citizenship & Immigration Services (CIS)

22. 22
Customs & Border Protection
• CBP is primarily a law enforcement agency
• Concerned with inspecting people and things that
enter the U.S.
– Immigration
– Customs
– National security/terrorism
– Medical/Quarantine

23. 23
- When in doubt…better to disclose
- Entering with Pets

24. 24
Customs & Border Protection
Getting an I-94 Arrival/Departure Record
• What is it?
• Paperless nowadays (https://i94.cbp.dhs.gov)
• Visa vs. Status
- E-2 visa = 5 yrs, E-2 status = 2 yrs
- Blanket L-1 visa = 3 or 5 yrs, I-129S and I-94 = 3 yrs (or less)
• Deferred Inspection for corrections

25. 25
Sample I-94
(from Google Images)

26. 26
Customs & Border Protection
CBP – Primary vs. Secondary Inspection
• Primary is designed for speed
• Secondary Inspection is for questions, clarifications, complications
• Can submit a TRIP Claim if erroneously being routed to Secondary
(https://help.cbp.gov/app/forms/complaint/kw/trip%20claim/sno/1)

27. 27
Customs & Border Protection
CBP – Trusted Travelers Programs
• Global Entry
– https://www.cbp.gov/travel/us-citizens
• Nexus (Canada)
– https://www.cbp.gov/travel/trusted-traveler-programs/nexus
• Sentri (Mexico)
– https://www.cbp.gov/travel/trusted-traveler-programs/sentri

28. 28
Customs & Border Protection
CBP & Canadian Citizens
• CBP can process L-1 + TN applications
• But
– Need visa for E-1/E-2
– Need USCIS approval for H-1B, O-1, P-1

29. 29
Customs & Border Protection
Automatic Visa Revalidation (AVR)
• If…“Brief, Casual and Innocent” trips to Can/Mex
– Less than 30 days
– No new visa application while there
– No departure from North America
• Then…
– Can enter on expired visa in different class
• Be Aware...
– AVR can be used to block you from getting new I-94

30. 30
Customs & Border Protection
What’s Hot with CBP
• What’s new: Mobile Passport Control App
• Visa revocations due to DUI/crimes
• Which to use: Visa or Advance Parole?
• Perennial Problem: Long absences as Permanent Resident

31. 31
What happens next?
• Stay true to the letter
• Start working within 10 days entry

32. 32
Form I-9
• All employers must use Form I-9 to verify identity and employment
authorization
• Must complete an I-9 Form, Section 1 on the first day, Section 2 by the
third day
• Should be given the option of one document from List A or a List B and
List C document
• Most foreign national visa holders will only have a foreign passport,
with an I-94 that indicates they are authorized to work for you
• Develop a reminder system for re-verification

33. 33
Form I-9, Section 1

34. 34
Form I-9, List of Acceptable Documents

35. 35
Form I-9, Section 2

36. 36
Sample Foreign Passport

37. 37
Sample I-94

38. 38
Sample I-797 Approval Notice with I-94

39. 39
Sample Permanent Resident Card

40. 40
Sample I-797 Form Petition Approval Notice

41. 41
Sample Visa

42. 42
E-Verify
• What is E-Verify?
• If you use E- Verify, wait to create a case until you have the SSN.
• The employee must bring you the Social Security Number when they
get it, and complete Section 1 on their own.
• Employer can then create E-Verify case, and note why it was late.

43. 43
Social Security Number Applications
• Eligible if in the U.S. in a work authorized status, either incident to
status or with Employment Authorization Card
• L-2 and E spouses are eligible
• Based on the SAVE database
• Be consistent with name spelling, even when booking a flight ticket
• Should apply 10 days after entry

44. 44
Driver's License Applications
• Must show lawful presence, and meet the State's residency
requirements
• Review each State's web site for specific State specific rules
• Immigration check based on SAVE database

45. 45
Questions?
– Sarah Ames
• sarah.ames@quarles.com
• 312-715-5180
– Maria Kallmeyer
• maria.kallmeyer@quarles.com
• 312-715-5009
– Eric Ledbetter
• eric.ledbetter@quarles.com
• 312-715-5018
© 2016 Quarles & Brady LLP - This document provides information of a general nature. None of the information
contained herein is intended as legal advice or opinion relative to specific matters, facts, situations or issues.
Additional facts and information or future developments may affect the subjects addressed in this document.
You should consult with a lawyer about your particular circumstances before acting on any of this information
because it may not be applicable to you or your situation.