Navigating Dual-Country Business Ownership
Monday, November 04, 2024
Navigating Dual-Country Business Ownership
A Cautionary Tale and Essential Tips
At Wynter Law Practice, we recently encountered a story that serves as an important lesson for international business owners navigating U.S. immigration law. Our client, a successful businessman from Argentina, held both an H-2B visa and a B1/B2 visa, managing companies in both the U.S. and Argentina. However, during one of his recent trips to the U.S., he faced allegations of unlawful employment. His B1/B2 visa was revoked, and he was subjected to expedited removal.
For those managing businesses in multiple countries, it's essential to understand the intricate rules governing visa statuses and business activities in the U.S. Here's a breakdown of the dos and don'ts for international businesspersons.
Dos:
1. Understand Your Visa Limitations: Each visa category has specific rules. While a B1 visa allows business meetings and negotiations, it does not permit employment or direct management of U.S.-based operations. Know what your visa allows and restricts.
2. Consult Before Each Entry: If your business activities have changed or expanded, consult an immigration lawyer before each entry into the U.S. to ensure your visa status remains compliant.
3. Document Your Business Activities: Keep a record of your business activities, including contracts, meeting agendas, and travel itineraries. These documents can help demonstrate compliance with visa conditions in case of an audit.
4. Use DHS TRIP for Discrepancies: If you encounter issues such as a revoked visa or removal, the Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) is a vital tool for addressing and correcting these issues. It allows travelers to file for redress and appeal wrongful accusations.
Don'ts:
1. Don’t Assume All Visas Are the Same: A B1/B2 visa is primarily for short-term business trips or tourism, not for managing U.S. operations. Misunderstanding this distinction can lead to visa violations.
2. Avoid Direct Involvement in U.S. Business Operations: Hands-on management in the U.S. can be perceived as unlawful employment. Delegate operational tasks to U.S.-based employees or partners, particularly if you're on a B1 visa.
3. Don’t Ignore Warning Signs: If border officials question your intent or the nature of your trip, this could indicate an issue. Address it immediately with the help of an immigration attorney to avoid further complications.
How to Appeal a Visa Revocation
If your visa is revoked, as was the case with our client, appealing the decision can be a complicated but necessary process. Filing a request with the DHS TRIP program is a first step, but you may also need to submit evidence demonstrating your lawful business activities. Working with experienced legal counsel is crucial in these situations to navigate the appeal process effectively.
Navigating
Dual-Country Business Ownership
A Cautionary Tale and Essential Tips
At Wynter Law Practice, we recently encountered a story that serves as an important lesson for international business owners navigating U.S. immigration law. Our client, a successful businessman from Argentina, held both an H-2B visa and a B1/B2 visa, managing companies in both the U.S. and Argentina. However, during one of his recent trips to the U.S., he faced allegations of unlawful employment. His B1/B2 visa was revoked, and he was subjected to expedited removal.
For those managing businesses in multiple countries, it's essential to understand the intricate rules governing visa statuses and business activities in the U.S. Here's a breakdown of the dos and don'ts for international businesspersons.
Dos:
1. Understand Your Visa Limitations: Each visa category has specific rules. While a B1 visa allows business meetings and negotiations, it does not permit employment or direct management of U.S.-based operations. Know what your visa allows and restricts.
2. Consult Before Each Entry: If your business activities have changed or expanded, consult an immigration lawyer before each entry into the U.S. to ensure your visa status remains compliant.
3. Document Your Business Activities: Keep a record of your business activities, including contracts, meeting agendas, and travel itineraries. These documents can help demonstrate compliance with visa conditions in case of an audit.
4. Use DHS TRIP for Discrepancies: If you encounter issues such as a revoked visa or removal, the Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) is a vital tool for addressing and correcting these issues. It allows travelers to file for redress and appeal wrongful accusations.
Don'ts:
1. Don’t Assume All Visas Are the Same: A B1/B2 visa is primarily for short-term business trips or tourism, not for managing U.S. operations. Misunderstanding this distinction can lead to visa violations.
2. Avoid Direct Involvement in U.S. Business Operations: Hands-on management in the U.S. can be perceived as unlawful employment. Delegate operational tasks to U.S.-based employees or partners, particularly if you're on a B1 visa.
3. Don’t Ignore Warning Signs: If border officials question your intent or the nature of your trip, this could indicate an issue. Address it immediately with the help of an immigration attorney to avoid further complications.
How to Appeal a Visa Revocation
If your visa is revoked, as was the case with our client, appealing the decision can be a complicated but necessary process. Filing a request with the DHS TRIP program is a first step, but you may also need to submit evidence demonstrating your lawful business activities. Working with experienced legal counsel is crucial in these situations to navigate the appeal process effectively.
Contact wynter law practice
At Wynter Law Practice, we specialize in protecting the rights of international business owners and guiding them through the complexities of U.S. immigration law. If you or someone you know is facing visa issues or removal proceedings, contact us today for a consultation. Our team will provide the tailored legal strategies you need to keep your business and your immigration status secure.
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About the Author
Dionnie Wynter Pfunde is an Immigration Law Attorney specializing in comprehensive immigration matters. With extensive experience in navigating complex immigration issues, Dionnie provides expert legal guidance and advocacy to individuals and families seeking to understand and manage their immigration status. Dedicated to helping clients achieve their immigration goals, Dionnie combines a deep understanding of immigration law with a commitment to clear and effective representation.
For more information on how this executive action may impact you or your loved ones in Tampa, Florida, please contact Wynter Law Practice at:
Wynter Law Practice
Wynter Immigration Law Associates
Phone: 517 505 3363
Email: dionniewynter@wynterlaw.com
Website: www.wynterlaw.com