(Originally published in BritishExpats.com on 15 December 2006)

Description: The relative strength of the British Pound against the US Dollar recently has led a large number of Brits to liquidate their assets in Britain and relocate to the balmy climes of such US states as Florida and California.  Some have chosen to make the move as investors via the E2 Treaty Investor visa program.  Others have made the move by establishing US subsidiaries of their UK companies and transferring themselves to the US as L-1A multinational executives.

Most of these individuals will make the required investments or acquisitions completely ignorant of the US law that required them to report the transaction to the U.S. Department of Commerce within 45 days.  The civil penalty for failing to report such investment or acquisition can include a fine ranging from $2,500 to 25,000.00.  The following article will give the reader a brief overview of the initial reporting requirements.

(Originally published in British Expats.com on 21 February 2006)

Description: Ortega-Medina & Associates has conducted a thorough review of all published decisions in 2005 in which L1 visa renewal petitions were denied.  This article is a discussion of the elements common to most of these cases.

(Originally published on 24 January 2006)

Description: It is a common myth that individuals with a single criminal conviction are automatically inadmissible to the United States and require a waiver.  In many such cases, a waiver is not required thanks to the "petty offense exception" found in section 212 of the U.S. Immigration and Nationality Act.  This article illustrates the exception and sets out strategies for claiming it when entering the United States.

(Originally published in February 2003; Revised July 2007);

Description: The H-2B is a little understood temporary employment-based visa.  Employers are often confused by the concept of temporary need, as defined by the relevant regulations, and face the daunting task of proving the unavailability of local labor.  In the case of the construction industry, the task is made more difficult by union interference.  This article attempts to clarify the H-2B requirements for employers, and makes general recommendations.

(Originally published in Can-Am News, 11 December 2002);

Description: The H-2B visa presents a viable, short-term solution to the chronic labor shortage in the construction industry.  This article describes some of the obstacles to obtaining a Temporary Labor Certificate and sets out strategies for overcoming them.

(Originally published in Human Resource Professional, September/October 2000).

Description: The "Management Consultant" category is one of the most used visa categories under the North American Free Trade Agreement (NAFTA). It is also the least understood category. This article explains what the CIS is looking for when considering a TN1 visa application in the Management Consultant category, describes some of the more common pitfalls and how to avoid them.

(Originally published in the Canadian HR Reporter, 19 June 2000)