On August 13, 2010, President Obama signed into law Public Law 111-230. The new law contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. To begin public outreach on this legislation, USCIS held a teleconference on August 19, 2010 to share how USCIS will implement it…

The recent fee increase would seem to have raised some questions among petitioners, applicants, and practitioners. Therefore, USCIS officials were required to provide answers to some of the frequently asked questions. The following is quoted from the aforementioned executive summary:

During the teleconference, among other answers provided, USCIS informed the public that:

o The additional fee is required for certain H-1B or L-1 petitions postmarked on or after August
14, 2010;

o The law will remain in effect through September 30, 2014;

o This law is applicable to petitioners who employ 50 or more employees in the U.S. and more than 50% of the petitioner’s employees are in H-1B or L nonimmigrant status;

o Until the Form I-129 is updated, if a petitioner believes s/he is exempt from the requirement to pay the additional fee(s), the petitioners should include a cover letter, with their filings, that explains why the added fee does not apply. At the top of the cover letter, petitioners should include a notation of whether or not the fee is required in bold capital letters;

o If a petitioner does not include the added fee and USCIS determines the fee is required or if USCIS cannot determine if the fee is required, USCIS will issue a Request for Evidence (RFE) for the additional fee or for further explanation; and

o If the petitioner includes the increased fee, the fee should be paid by a separate check. The check should be made payable to the Department of Homeland Security. By paying the increased fee separately, USCIS will be able to more quickly issue a refund, if it is later determined that the increased fee was not required.

Employment visas to the United States of America are highly sought by foreign nationals residing in the United States as well as abroad. That said, the requirements that must be met for obtainment of such travel documents can be stringent. Therefore, the individuals seeking such visas are well advised to contact an American attorney in order to be fully advised of the processing details.

For further related information please see: E2 Visa.

One of the most advantageous aspects of setting up a company in the United States is banking. American banks are some of the most efficient and customer-service oriented financial institutions in the world. For this reason, many Americans and non-US Citizens routinely use US banks in order to enjoy all of the amenities of truly “global” service. Simply because an individual is not physically in the United States should not mean that he or she should not be accorded comparable banking advantages when competing in the global marketplace. Furthermore, lack of American citizenship should not be a bar upon an international businessperson’s ability to conduct their affairs, banking or otherwise, efficiently and on a global scale.

Limited Liability is another major benefit to those wishing to conduct business in the international, supranational, and multinational spheres. In many jurisdictions of the United States of America the Limited Liability Company has been used as a means of providing limited liability to small and medium enterprises (SMEs). A US LLC can also be utilized by foreign nationals doing business in a US jurisdiction so long as the legal formalities are met. That said, those interested in setting up a company in the US are well-advised to seek counsel from an attorney licensed in the jurisdiction where the business is to be conducted.

US Immigration is likely one other point of interest to those seeking a corporate presence in the United States of America. If a US visa applicant has a bona fide business reason for traveling to the United States, then a US business visa may be obtained from a US Embassy or US Consulate overseas. For those who simply need to conduct a meeting or undergo specialized training, a US B1 visa may be the appropriate travel document. However, those wishing to remain for a relatively long period of time working in the USA may apply for a visa category such as the E2 visa or the L1 visa (either the L1A or L1B sub-category). In some cases, an H-1 visa may be the appropriate visa for an individual working and conducting business in the United States. Depending upon the category of the US visa being sought, an applicant’s unique qualifications and skills must be adjudicated by a US Consular Officer with appropriate jurisdiction.

For more information about company registration in Thailand please see: Company in Thailand or US-Thai Treaty of Amity. For further information about setup of a Company in the USA please see: US Company Registration.