Wednesday, 2 October 2024

Transfer of workforce and increasing responsibility of an UAE immigration lawyer

 The ongoing coronavirus pandemic and the sudden radical political shift in the US has suddenly despised a large number of global firms to transfer their company executives deployed to various nations to the U.S. for their designated roles. This can also be attributed to the fact that the US has come out as the clear winner in the race of nations for being the world’s trade capital.

The US-based employers can guarantee their employees safe and lawful visits by abiding by the visa categorizations on the basis of the professional context of the transferee, the duration of the employee’s proposed stay, the nationality of the foreigner, and a number of various other norms. These nuances about foreigner’s visits and stays are all mentioned in the Immigration and Nationality Act.

The foreign business travellers arriving in the US rely on B-1 visas which compliments them legally a short stay which can be anything less than 12 months. There is no scope for U.S. employers to recompense these visitors. A person who visits the US as a business visitor can take part in the following activities while his stay:

•             Discuss planned investment or purchases

•             Attend meetings and participate in them fully

•             Conduct negotiations

•             Solicit sales or investment

•             Make investments or purchases

•             Interview and hire staff

•             Conduct research.

Also, you must be aware of the fact that people entering in the U.S. for tourism or commercial purpose for 90 days or less from eligible countries (such as Western Europe, Japan, Australia, and New Zealand) may be entitled to visit the U.S. without a visa if their prerequisites match with the visa waiver program requirements. The nuances involved in the immigration approval process has upheld an all-new stream of Immigration Solicitors in London who are proficient in their work. The leading immigration solicitors in London bifurcate company-sponsored employment approval for foreign nationals into two categories:

(1) Immigrant status or permanent residency: a company may patron a foreign national for permanent residence.

(2) Non-immigrant status: a particular employer may seek permission to hire a foreign person for a particular period of time as a provisional employee.

AnUAE immigration lawyer has found some visa categories that allow the transitioning from Non-immigrant (Temporary) Residency Status to Immigrant (Permanent) Residency Status, but these privileges are not covered in all categories. These cases are handled under the influence of dual-purpose where some non-immigrants are allowed to enter and/or stay in the U.S. provisionally with a non-immigrant visa (such as H-1 or L) even though they have exhibited a long-term commitment to stay lastingly. B-1, B-2 and F-1 categories do not permit themselves to the application of the dual intent principle.

Each visa category has extremely specific regulations which are looked after carefully by an UAE immigration lawyer, most of which easily harmonize between the United States Citizenship and Immigration Services (USCIS), a portion of the Department of Homeland Security, and other U.S. government departments, such as the Labor Department for smooth and easy redressal of clients because the timelines are very important in this kind of cases and involve large documentation.

The major visa categories for the temporary non-immigrant employment of foreign nationals include L-1A (Multinational Managers/Executives), L-1B (Specialized Knowledge), H-1B (Professional Workers), and TN Application (Canada and Mexico).

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