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 Madison Ave. Suite 1518 Philadelphia, PA New York, NY

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, LLP 1800 John F. Kennedy Blvd., Suite 1700 Philadelphia, PA