Answer: Yes. The United States Customs and Border Protection (CBP) officers at every international airport in the United States have the authority to refuse entry to any non-citizen based on a number of grounds. One common and frequently misunderstood ground of inadmissibility is lack of temporary intent. Even well-meaning reputable business persons who travel to the United States on the Visa Waiver Program or the B-1 visa can be told to turn around and take a plane back to their home country. Why? Coming to the U.S. on the Visa Waiver or B-1 visa requires temporary intent to the satisfaction of the reviewing officer. So even if you have no intention whatsoever to stay in the U.S,. or work here, certain factors can work against you: frequent trips to the U.S., any overstay on previous visits, no return ticket back home, lack of concrete plans in the U.S., lack of funds to visit the U.S. without working, etc., etc, etc. Some say it all comes down to the officer’s (mis?)perception of the evil glint in your eye to overstay your visa and engage in unauthorized work with abandon. Whatever the grounds, visitors should note that CBP does have authority to refuse entry and will use this authority without sympathy for your travel plans.
Who is Eligible for L-1 Intracompany Transferee Visa?
Posted in Business Travel Abroad, Visa IssuesAnswer: Certain types of employees of a multinational company, who have worked at least one year at an affiliate company abroad can be eligible for the L-1 intracompany transferee visa. The employee must have been a manager, executive, or specialized worker and must be coming to work as such in the U.S.
The L-1A visa is ideal for those, like Chinese nationals, who are not eligible for the E-1 or E-2 treaty investor visa (due to lack of required treaties between the US and China). The scenario usually plays out like this: Mr. Li, an owner of a business in China, is the CEO or another type of executive/manager of his company. He seeks to invest in the United States. A corporation is formed in the US that is affiliated to the Chinese corporation. The now multinational corporation sponsors Mr. Li to transfer to the US to work as manager or executive. Petition is made with the US Citizenship and Immigration Service (USCIS), and if approved, Mr. Li and his family attend visa interviews at an embassy in China. Later, Mr. Li has the option of being sponsored for permanent residency based on his status as managerial/executive transferee.
The above is a very simplistic layout of the L-1A visa for managers or executives for new US business. There are many exceptions, rules and details that are part and parcel of any visa petition with the USCIS and embassies (Department of State).
Surviving in China: Separation of Work and Personal Life
Posted in Business Travel AbroadAs the Director of China Business Development for Cozen O’Connor, I spend half of my time in the US and half of my time in China. People often ask me about the cultural, social and professional differences between China and the US, and how I adapt to each country when I travel. Well, the differences are so numerous on so many different levels I usually just smile and try to walk away from that question. That said, if you are an American and want to survive in China you better get a realistic understanding on these cultural, social and professional differences between China and the US.
After having been back in Philadelphia for a few weeks now, and just sitting in my apartment quietly on a Saturday without any calls or interruptions from my Blackberry, I feel very relaxed, at peace, but, at the same time, also a bit uneasy due to the lack of business activity for almost 15 hours. See, in China there is no separation between business and personal life. The cell phone is ringing at all hours of the day, seven days a week. Everyone talks about deals, new business opportunities and great ideas to make money all the time. Every meal is a gathering of friends, business partners, successful entrepreneurs, important contacts in government agencies etc…
When you first arrive in China the warmness of these people, the big dinners and ‘ganbei’s, and all the talk about business opportunities can be very exciting. However, after having big lunches and dinners every meal and talking about business opportunities at all hours of the day it becomes exhausting. The ability to focus on the right project in China is the key to success. I suggest that if you are going to China to work or to find new and exciting opportunities. Please! Pace your self, find and focus on the right projects, save time for personal space, be selective with who you spend your precious time with and energy on. You will last a lot longer in China.
Chinese Language Assistance in the US
Posted in Business Travel AbroadIn order to welcome the growing number of Chinese business travellers to the U.S., a number of businesses such as hotels are providing language assistance. According to a recent New York Times article, hotels like Marriott, Hilton and Starwood are providing bilingual staff, menus written in Chinese, and other language assistance.
Law firms are also catering to their current and potential Chinese business clientele, by hiring attorneys and staff who have Chinese language capabilities. Meixian Li, Director of Chinese Business Development at Cozen O’Connor and blogger on this site, is able to communicate fluently with our Chinese clientele.
B-1 Business Visitor Visa
Posted in Visa IssuesChinese nationals who want to visit the U.S. for business purposes can enter in on a B-1 Business Visitor visa. This visa allows the businessperson to come to the U.S. to attend business meetings, functions, conferences and negotiations. While the B-1 doesn’t allow employment, it is a convenient way to enter the country to scope out business opportunities and meet with colleagues. B-1 visitors should be prepared to explain the purpose of their trip to border officials upon deplaning, and evidence of funds during the stay is also helpful.