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1. Visa Options for Investors: An Overview -

This article provides an overview of recent developments in several countries with respect to visa options for investors.

2. BELGIUM -

A new Royal Decree further implements a European Union directive regarding new rules on assignment.

3. CANADA -

The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) came into force on September 21, 2017. This article discusses provisions relating to work and business provisions.

4. ITALY -

Italy introduces a new type of tourist visa and launches a new online consular electronic Schengen visa form. This article also clarifies guidance on "business" and "work" activities for Schengen short-term assignments.

5. TURKEY -

The United States and Turkey have mutually suspended certain visa services.

6. New Publications and Items of Interest -

New Publications and Items of Interest

7. Member News -

Member News

 

 
 
1. Visa Options for Investors: An Overview
 

This article provides an overview of recent developments in several countries with respect to visa options for investors.

Canada

While at present there is no Canadian federal immigrant investor program, one can still apply to immigrate to Canada as a permanent resident under the Québec Immigrant Investor Program.

History

Canada's previous immigrant investor program was created in 1986 and went through a number of changes over the years. The hallmark of the program was that it provided for a passive, not at-risk, investment.

On June 19, 2014, Bill C-31 became law in Canada and federal immigrant investor program applications that were in the backlog were terminated and no new applications accepted.

Québec Immigrant Investor Program

The Québec Immigrant Investor Program, which also began in the 1980s, has allowed thousands of families to immigrate permanently to Canada. In many cases, these families might not otherwise have qualified to immigrate (due to education, language, and/or age barriers) under any of the other Canadian or Québec permanent immigration programs.

To be eligible for the Québec Immigrant Investor Program, an applicant must:

  1. Have, alone or with an accompanying spouse, including a de facto spouse, net assets of at least $1.6 million Canadian dollars (approximately $1.2 million U.S. dollars) obtained legally, excluding the amounts received by donation less than six months before the date on which the application was filed;
  2. Have experience in management in a legal farming, commercial, or industrial business, or in a legal professional business where the staff, excluding the investor, occupies at least the equivalent of two full-time jobs, or in an international agency or a government or one of its departments or agencies (note that "management experience" is defined as the exercise, for at least two years in the five years preceding the application for a selection certificate, of duties related to the planning, management, and control of financial resources and of human or material resources under the person's authority; experience does not include experience acquired in the context of an apprenticeship, training, or specialization process attested to by a diploma); and
  3. Intend to settle in the province of Québec and sign an agreement to invest $800,000 Canadian dollars (approximately $610,000 U.S. dollars) with a financial intermediary (broker or trust company) authorized to participate in the Investor Program. Currently, there are 18 financial intermediaries authorized by the Québec government to participate in the Québec Immigrant Investor Program. After five years, the monies are returned to the applicant but without interest. Alternatively, the $800,000 Canadian dollars can be financed through the financial intermediary.

The assessment of an application will also take into account other factors such as age, the nature and duration of professional training, and language skills.

At present, the Québec Immigrant Investor Program is the only possible passive (not at-risk) immigrant investor program that exists in Canada.

Application Cap and Processing Times

For the 2017–2018 Québec fiscal year (April 1, 2017–March 31, 2018), Québec will accept 1,900 Immigrant Investor Program applications (with a cap of 1,330 for citizens of China). Interestingly, the 1,900 overall cap does not apply to those who have advanced intermediate knowledge of the French language as attested to by a standardized French test recognized by the Québec government. The application period began May 29, 2017, and runs through February 23, 2018.

Processing times are approximately 10 to 14 months (most applicants are interviewed by the Québec government) for the Québec portion of the process. It then takes an additional 12 to 30 months, approximately, for the Canadian government to complete the immigration process (the Canadian government's role is to check that there are no medical, criminal, or security inadmissibility issues).

Source of Funds

Quebec carefully scrutinizes the source of all of a Québec Immigrant Investor Program applicant’s funds, and not just the minimum net worth of $1.6 million Canadian dollars. The onus is on the applicant to transparently explain in a detailed prescribed narrative document (and possibly at an interview) all of his or her past and present economic activities and how the assets were acquired.

Canadian Permanent Residence—Residency Obligations and Citizenship

Once Québec and Canada approve an application, the applicant, his or her spouse (including common-law or same-sex spouse) and his or her children all become Canadian permanent residents and can reside in any Canadian province. To maintain Canadian permanent resident status, a Canadian permanent resident normally must be physically present in Canada for at lease 730 days in every five-year period.

Canada does not have a citizenship-by-investment program and, as such, a foreign national must be "naturalized" to become a Canadian citizen.

As of the fall of 2017, a Canadian permanent resident can apply for Canadian citizenship after being physically present in Canada for 1,095 days during the five years immediately before the date of his or her application for Canadian citizenship.

Alternative Programs

While there are no other passive Canadian immigrant investor or entrepreneurial programs, options exist to apply for Canadian permanent resident status under other business-related programs, which include:

  1. Start-up visa program
  2. Self-employed program (in cultural activities or athletics at a world-class level)
  3. Provincial nominee business/entrepreneur programs

Conclusion

The Québec Immigrant Investor Program is a viable passive investment option for immigrating to Canada with no risk. As such, it is worth considering by investor applicants who have management experience and want themselves and their immediate family members to settle in Canada and become Canadian permanent residents.

Italy

Italy welcomes high-net-worth individuals with new favorable tax rates and a dedicated visa option for foreign investors.

The Italian Budget Law, effective January 1, 2017, contained several measures aimed at attracting foreign investments and encouraging high-net-worth (HNW) individuals to move to Italy. Among these are the introduction of a preferential tax regime for wealthy individuals who take up tax residency in Italy and a new visa program for HNW investors that facilitates the procedure for entry and residence in Italy. Until now, Italian immigration law, unlike other European Union countries, did not provide for a dedicated entry-for-investment visa. Below are highlights of these new efforts under the Italian Budget Law.

Favorable Flat-Tax Regime

On March 8, 2017, the Italian Revenue Agency (Agenzia delle Entrate) issued flat-tax-regime implementing provisions. The law is now fully effective, and guidelines and a checklist of requirements are available. Individuals who become Italian tax residents can take advantage of a substitute tax regime on their foreign income. Regardless of amount, foreign income will only be subject to a yearly flat tax of €100,000. Close family members can also benefit from the favorable tax measures: a flat tax of just €25,000, instead of €100,000, will be applied to their foreign income. Moreover, opting for the new regime guarantees full exemption from reporting requirements with respect to financial and non-financial assets abroad and from succession duties on assets outside Italy. To qualify for the option, the applicant must not have been resident in Italy for at least nine tax years during the previous 10 years; eligible taxpayers can ask to benefit from the substitute tax regime when filing their tax returns; before then, it is possible to submit a preliminary ruling (interpello) to the Italian Revenue Agency.

Dedicated Visa Option: Investor Visa

New provisions have been introduced in Italian immigration law in the framework of promoting foreign investments. An "investor visa" will shortly be available to foreigners intending to invest in Italy under one of the following options:

  • €2 million in government bonds, to be kept for at least two years
  • €1 million in the share capital of an Italian company, reduced to €500,000 if the company is an innovative start-up
  • €1 million in philanthropic donations (culture, education, immigration management, scientific research, or cultural heritage)

Currently, the government is working on implementing an online system for applications that is expected to be launched by the end of November. Applications will be possible only after the online platform is published and the relevant operations manual is ready.

The main points of the decree include:

  • The authority in charge of evaluating the applicant's eligibility conditions will be a special committee made up of various authorities, including representatives of the Ministry of Economic Development, Ministry of Interior, Ministry of External Affairs, tax authorities, and financial police;
  • The applications will be managed through an online platform yet to be created, as noted above;
  • Among the documents required, the applicant must submit a police clearance for each country where he or she has lived in the previous 10 years;
  • The application will follow three basic steps: online clearance (nulla osta) application; visa application at the consulate in the foreign country; and residence permit application in Italy;
  • Within three months from the date of entry, the applicant must provide documented evidence of the investment or donation. Failing to do so will result in denial of the residence permit;
  • In case of disinvestment before the terms or if the holder is untraceable, the residence permit can be revoked at any time;

After two years, the residence permit can be renewed for an additional three years subject to approval of the committee.

INVESTOR VISA IMPLEMENTING DEGREE (in Italian)

Peru

This article provides brief comments on the investor visa in Peru.

On January 7, 2017, the New Law of MIGRACIONES, Legislative Decree No. 1350, was published in the Official Gazette, "El Peruano." The new law and regulations, approved by Supreme Decree No. 007-2017-IN, have been in force since March 1, 2017.

This new immigration legislation has instituted a series of changes and the creation of new migratory statuses. One of these changes concerns investors. The new law allows a foreigner to establish, develop, or manage one or more lawful investments in Peru.

The amount of the investment and other conditions are established by regulation. Eligibility requirements include:

  1. An investment equal to or higher than 500,000.00 Peruvian Sol (PEN), equivalent to approximately US$155,275. The investment amount can be modified by Superintendence Resolution.
  2. Serving only as manager or director of a foreign person's own company, for which he or she must comply with the corresponding labor or tax rules. This position of the foreigner is not included in quotas for the local company’s payroll, established in Legislative Decree No. 689 (Law of Hiring of Foreign Personnel) and its regulations. Under no circumstances may the foreign person support the investment through the transfer of shares.

MIGRACIONES is the authority that grants this migratory status. The Investor visa allows multiple entries. The foreign individual receives a resident permit (foreign card/carné de extranjería) for 365 days, renewable while the same conditions exist.

Procedurally, there are two alternative ways to obtain Investor status. First, an "obtainment visa process" implies that all the necessary documentation is submitted at MIGRACIONES offices in Peru; however, the applicant remains abroad initially. Once his or her visa is approved, he or she collects it from the Peruvian consulate previously chosen. Then he or she comes to Peru to finish the process. This procedure takes 30 working days from the time of initial filing. Alternatively, a "change of immigration status (in-country) process" implies that the foreign national enters Peru in tourist or business migratory status, then applies at MIGRACIONES for the Investor visa and submits the required documentation. This procedure takes 60 working days from the time of initial filing.

 
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2. BELGIUM
 

A new Royal Decree, effective October 1, 2017, implements a European Union directive regarding new rules on assignment.

An Act of December 11, 2016, effective December 30, 2016, implemented EU Directive 2014/67/EU regarding assignment. This Act provides that the Belgian inspection services can ask the foreign posting undertaking to submit four types of documents:

  1. Copy of employment contract (or a similar document),
  2. Miscellaneous information (information regarding foreign currency for payment of salary, the allowances or benefits in kind related to employment abroad, and the conditions for repatriation),
  3. Overview of the working hours (start, end, and duration), and
  4. Proof of salary payment.

This list of documents can be modified by an implementing Royal Decree.

Furthermore, the inspection services can ask for a translation of the documents into one of the Belgian official languages (Dutch, French, German) or English. Waivers/exemptions can be created by Royal Decree, based on the limited duration of the activities in Belgium or the specific nature of these activities. After the termination of the posting, the documents should be kept available for one year. During and after the assignment (one year), the documents can be kept in paper or electronic form.

An important change is that the posting undertaking also has to designate a person to liaise with the Belgian labor inspection services. This person must forward documents (see #2 above) and notices, if required, to the Belgian labor inspection services, if requested. Information regarding the person to liaise must be noted in the Limosa declaration: The person to liaise is responsible for providing information on posted employees mentioned in the Limosa declaration(s) indicating him/her as the person to liaise. This change has been implemented by a Royal Decree dated September 14, 2017, and took effect on October 1, 2017. The following information must be mentioned:

  • Name, first names, and date of birth;
  • Capacity of person to liaise (e.g., staff member of employer, not part of the staff of the employer); and
  • Address (physical and email), and telephone number.

The person to liaise can be a staff member of the employer or a third person, and he or she can be domiciled abroad.

 
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3. CANADA
 

The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) came into force on September 21, 2017. This article discusses provisions relating to work and business provisions.

Chapter 10 of CETA contains various labor mobility provisions for citizens of the European Union (EU) who are seeking entry into Canada for work and/or business-related purposes.

The provisions of CETA apply to Canada and to EU members: Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden, and the United Kingdom.

CETA is expected to facilitate the entry into Canada of three main categories of business visitors and professionals as described below:

Business Visitors

CETA adds to the existing Business Visitor provisions in the Immigration and Refugee Protection Regulations by extending the scope within which eligible candidates may seek entry into Canada for business purposes.

Under CETA, specific provisions have been established for Short-Term Business Visitors and for Business Visitors for Investment Purposes to enter Canada. Annex 10-D of CETA provides a detailed list of all the activities permissible for short-term business visitor entries into Canada, which differs from the business visitor activity list provided in the North American Free Trade Agreement (NAFTA). Notable examples under CETA include entry for business visitors for meetings and consultations, for training seminars, and for commercial transactions.

In addition to Short-Term Business Visitors, individuals can enter Canada as Business Visitors for Investment Purposes. A business visitor for investment purposes is described as "an employee in a managerial or specialist position who is responsible for setting up an enterprise but who does not engage in direct transactions with the general public and will not receive direct or indirect remuneration from a Canadian source."

Individuals seeking to enter Canada under either of these Business Visitor categories can be granted entry into Canada for a maximum duration of 90 days in any six-month period.

Professionals

Two types of professionals can obtain Work Permits under CETA: contractual service suppliers and independent professionals (self-employed professionals).

To be eligible for these Work Permit categories, contractual service suppliers or independent professionals must be employed in the EU, their employer must not have an existing establishment in Canada, and the employer (or the individual in the case of an independent professional) must have a contract to provide services to a Canadian customer in Canada. Unlike Appendix 1603.D.1 of NAFTA, Annex 10-E of CETA includes a list of the service sectors within which contractual service suppliers or independent professionals can obtain a Work Permit. Thirty-seven service sectors are available to contractual service suppliers, including 17 for independent professionals. Most occupations found under these service sectors are limited to managerial and professional occupations (skill levels 0 and A of the National Occupational Classification (NOC) system).

These types of Work Permits are exempt from the standard Labour Market Impact Assessment (LMIA) process and can be issued for a maximum duration of 12 months. Work Permits under this category can be renewed at an immigration officer’s discretion.

With the exception of certain Romanian and Bulgarian citizens, eligible candidates will be able to apply for these LMIA-exempt Work Permits directly at a Canadian Port of Entry. Romanian and Bulgarian citizens who require a Temporary Resident Visa (TRV) to enter Canada will be able to benefit from the two-week processing for Work Permits under the Global Skills Strategy, an initiative launched by Immigration, Refugees and Citizenship Canada (IRCC) on June 12, 2017.

Key Personnel

  • Intra-Corporate (Company) Transferees and Graduate Trainees

CETA offers both a Senior Personnel and a Specialist Work Permit category akin to what is available under NAFTA as a Senior Manager or a Specialized Knowledge worker. However, CETA uniquely introduces a new Work Permit subcategory under the Intra-Corporate (company) stream specifically for Graduate Trainees. Under this subcategory, a candidate who is a citizen of the EU, who possesses a university degree, and who has been offered employment in a subsidiary or a branch of their employer abroad can obtain a one-time 12-month Work Permit to enter Canada for career development purposes or to receive training in the company’s business techniques and methods.

  • Investors

Another similarity between NAFTA and CETA is the Investor Work Permit category. Under the new provisions of CETA, an investor candidate who can obtain a Work Permit is someone who is employed by a company that "has committed or is in the process of committing a substantial amount of capital" into the Canadian economy and who will "establish, develop or administer the operation of an investment in a capacity that is supervisory or executive."

It will also be possible for eligible candidates to apply for these LMIA-exempt Work Permits directly at a Canadian Port of Entry, with the same limitations described above for certain Romanian and Bulgarian citizens.

MORE INFORMATION ON CETA (business visitors)

MORE INFORMATION ON CETA (investors)

 
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4. ITALY
 

Italy introduces a new type of tourist visa and launches a new online consular electronic Schengen visa form. This article also clarifies guidance on "business" and "work" activities for Schengen short-term assignments.

New tourist visa. The Italian ministry of foreign affairs has introduced a new category of tourist visa, "Turismo—Visita famiglia/amici" (TourismVisit to family/friends), for family members or friends of individuals residing in Italy who wish to visit them for a maximum period of 90 days within 180 days.

Eligibility requirements are similar to the standard tourist visa (e.g., evidence of means of support during the stay, health insurance), but the key factor is an invitation letter from the family member or friend in Italy, confirming availability to host the visa applicant.

New online Schengen visa form. The Italian government has launched a new Web portal, "E-@pplication," through which Schengen visa applicants can now fill out the visa application form online. The new system only applies to short-stay visa applications—for up to 90 days in Schengen countries (Schengen visa).

Long-term visa applications will continue to be filed using the paper application form.

The government says the new system will ensure greater accuracy of the data entered in the application form and reduction of typos, resulting in an overall improvement in consular services in terms of efficiency, cost, and time optimization.

The online form is available in Italian and English. The process requires the applicant to fill out the online application form, sign it, and print the form containing the barcode, then take it to the relevant Italian consulate.

"Business" and "work" activities for Schengen short-term assignments. For short-term assignments (maximum of 90 days), the Schengen Visa Code and most European Union (EU) national laws do not clearly define which activities can be considered "business" (thus not requiring a work visa) and those which are considered "work." Useful guidance, however, which has some international recognition, can be found in the Commentary to article 15 of the 2014 OECD Tax Model Convention, which set forth the rules for the international taxation of income from employment.

The Schengen Handbook for the processing of visa applications and the modification of issued visas contains a non-exhaustive list of supporting documents for business trips and for persons traveling for the purpose of carrying out paid activity: "The applicant must provide a work permit or any similar document as provided by the national legislation of the Member State where a paid activity is to be carried out, if applicable."

Most, if not all, laws of Schengen Member countries do not contain a clear and specific definition of what can be considered "business." This is a gray area, and many companies do not have clear instructions when they are sending their employees for short business assignments (i.e., for a maximum 90 days in every 180-day period) in the Schengen area.

Italy, for example, defines business visitors as "foreigners who intend to enter the country for commercial/economic purposes, to make contacts or conduct negotiations/arrange deals, for learning or verifying the use and functioning of capital goods purchased or sold under commercial and industrial cooperation agreements."

Useful guidance—which has valid foundations at the international level (at least among OECD countries)—for assessing whether an activity can be considered "business" or be subject to obtaining a work permit can be found in the OECD Commentary to the new OECD Tax Model Convention. Section 8.14 of the commentary to Art. 15 of the Convention (which set forth the rules for the international taxation of income from employment) states that:

Where a comparison of the nature of the services rendered by the individual with the business activities carried on by his formal employer and by the enterprise to which the services are provided points to an employment relationship that is different from the formal contractual relationship, the following additional factors may be relevant to determine whether this is really the case:

  • who has the authority to instruct the individual regarding the manner in which the work has to be performed;
  • who controls and has responsibility for the place at which the work is performed;
  • the remuneration of the individual is directly charged by the formal employer to the enterprise to which the services are provided …;
  • who puts the tools and materials necessary for the work at the individual’s disposal;
  • who determines the number and qualifications of the individuals performing the work;
  • who has the right to select the individual who will perform the work and to terminate the contractual arrangements entered into with that individual for that purpose;
  • who has the right to impose disciplinary sanctions related to the work of that individual;
  • who determines the holidays and work schedule of that individual
 
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5. TURKEY
 

The United States and Turkey have mutually suspended certain visa services.

On October 8, 2017, the U.S. Department of State (DOS) announced that it was suspending nonimmigrant visa services at its diplomatic facilities in Turkey. Nonimmigrant visas include business, tourist, student, and temporary work authorization visas. The suspension applies to diplomatic and official visas. Ambassador John Bass said, "[T]his suspension of services is not a visa ban on Turkish citizens. It's a suspension of our consideration of new visa applications. If you have a valid visa, you can still travel to the United States. If you want to apply for a visa at another U.S. embassy or consulate outside of Turkey, you are free to do so."

Ambassador Bass said the suspension was due to the arrest of a Turkish staff member of the U.S. diplomatic mission in Turkey. That staff member was allegedly linked to the U.S.-based cleric Muhammed Fethullah Gülen Hocaefendi, who Turkey has blamed for a failed coup, according to reports. Turkey has similarly suspended nonimmigrant visa services at its diplomatic facilities in the United States.

A statement posted by the U.S. Embassy & Consulates in Turkey said, "Turkish citizens with valid visas may continue to travel to the United States. Turkish citizens are also welcome to apply for a nonimmigrant visa outside of Turkey whether or not they maintain a residence in that country. Please note that an applicant applying outside of Turkey will need to pay the application fee for services in that country, even if a fee has previously been paid for services in Turkey."

Immigrant visas have not been suspended.

As Turkey’s visa suspension for U.S. citizens is breaking news, there are a few clarifications and unresolved issues:

What is clear as of now:

  • No new visa, whether e-visa, student, AMS visa, or work visa, will be issued to a U.S. citizen, regardless of the consular post location, until further notice. The e visa website will not proceed once U.S. citizenship is selected.
  • Those with valid work or residence cards are currently still allowed entry.
  • Airlines outside of Turkey are already asking passengers to present a current visa, work or residence cards to proceed with check-in. If not shown, they will likely not be allowed to board.

There is no formal government statement yet regarding whether the visa must have been activated (or initially used) before October 8, 2017. Although initially officers in Sabiha Gokcen airport indicated the visa had to be used at least once before October 8, passport officers at the main airport (Ataturk Airport) in Istanbul verbally confirmed that initial entry on the visa before October 8 is not required. Observers remain cautiously optimistic that any U.S. citizen with a valid Turkish visa in their passport or e-visa can use it regardless of whether an initial entry already occurred.

Passport officers in Ataturk airport also informally communicated that U.S. citizens with an alternate nationality and passport would not be restricted from applying for a Turkish visa based on that passport.

What remains unknown:

It is unknown whether the Ministry of Labor or Interior Ministry (who issue work and residence cards) may follow up to issue their own bar for U.S. citizens. As of today, observers have seen no denials of work or residence permit applications (whether initial or renewal) of U.S. citizens. However, supervisors at the Work Permit Directorate have informally indicated that work permits for U.S. citizens are on hold for now and that the Directorate is anticipating firm guidance on this issue soon. However, it is clear that if the work permit application is not a domestic filing (i.e., filed while the U.S. citizen held a current residence permit) or a renewal, the applicant will not be able to finalize his or her work authorization to issuance of a work visa unless this diplomatic stalemate is resolved.

AMBASSADOR BASS's STATEMENT

STATEMENT FROM THE U.S. EMBASSY & CONSULATES IN TURKEY

ADDITIONAL INFORMATION

 
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6. New Publications and Items of Interest
 

The latest edition of the Global Business Immigration Practice Guide has been released by LexisNexis. Dozens of members of the Alliance of Business Immigration Lawyers (ABIL) co-authored and edited the guide, which is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

The latest edition adds chapters on Malta and Romania. Other chapters cover Australia, Belgium, Brazil, Canada, China, Costa Rica, the European Union, France, Germany, Ghana, Hong Kong, India, Ireland, Israel, Italy, Japan, Mexico, the Netherlands, Nigeria, Peru, Russia, Singapore, South Africa, Spain, Switzerland, Turkey, the United Kingdom, and the United States.

Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide "first-rate" and said the key strong point of the book is its "outstanding usability." She said she highly recommends the book and notes that it "is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management."

Mireya Serra-Janer, head of European immigration for a multinational IT company, says she particularly likes "the fact that the [guide] focuses not just on each country's immigration law itself but also addresses related matters such as tax and social security issues." She noted that the India chapter "is particularly good. The immigration regulations in India have always been hard to understand. Having a clear explanation of the rules there helps us sort out many mobility challenges."

Charles Gould, Director-General of the International Co-operative Alliance, said the guide is "an invaluable resource for both legal practitioners and business professionals. The country-specific chapters are comprehensive and answer the vast majority of questions that arise in immigration practice. Its clear and easy-to-follow structure and format make it the one volume to keep close at hand."

This comprehensive guide is for:

  • Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
  • Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
  • Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

  • An overview of the immigration law requirements and procedures for over 20 countries;
  • Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
  • A general overview of the appropriate options for a particular employee; and
  • Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL's attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

An excerpt of the book is on the ABIL website.

The list price is $431, but a 15% discount is available by visiting Lexis/Nexis and entering discount code "ABIL16". Contact your Lexis/Nexis sales representative; call 1-800-833-9844 (United States), 1-518-487-3385 (international); fax 1-518-487-3584.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is on Twitter: @ABILImmigration. Recent ABIL member blogs.

 
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7. Member News
 

The following ABIL members are included in Who's Who Legal: Corporate Immigration:

Bernard Caris

Maria Celebi

Steven Clark, of Clark Lau, LLC

Laura Danielson

Laura Devine

Rami Fakhoury

Charles Foster, of Foster LLP

Avi Friedman, of Wolfsdorf Rosenthal

Vic Goel

Avi Gomberg

Kehrela Hodkinson

Mark Ivener

H. Ronald Klasko

Jelle Kroes

Charles Kuck

Kirby Joseph

Jeff Joseph, of Joseph Law Firm

Vincent Lau

Robert Loughran

Dawn Lurie, of Seyfarth Shaw

Gabriele Mastmann, of Offer & Mastmann

Gunther Mävers

Marco Mazzeschi

Cyrus Mehta

Bettina Offer

Angelo Paparelli

Julie Pearl

Sharon Cook Poorak, of Seyfarth Shaw

William Reich

Nicolas Rollason

Gregory Siskind, of Siskind Susser

William Stock, of Klasko Immigration Law Partners

Anastasia Tonello, of Laura Devine Attorneys

Karl Waheed

Andrew Wilson, of Serotte Reich Wilson, LLP

Bernard Wolfsdorf

Stephen Yale-Loehr

Brian Zuccaro, of Serotte Reich Wilson, LLP

Fredrikson & Byron, PA, has posted a new blog entry. "What's Next for the Dreamers? The Administration Rescinds Deferred Action for Childhood Arrivals"

Barbara Jo Caruso will speak at the Northern Border Conference in New York on October 20, 2017.

Ms. Caruso is now chair of the Canadian Bar Association's Immigration Law Section.

Ms. Caruso was also listed in the Chambers Canada 2018 guide. The guide notes that Ms. Caruso is regarded as a leading figure in the immigration law firm market: "She provides expert guidance to business executives, skilled workers and families on temporary and permanent residency, work permits and citizenship issues." MORE INFORMATION

Avi Gomberg has been selected as one of Canada's leading lawyers by Who's Who Legal: Canada 2017. MORE INFORMATION

Mr. Gomberg's firm, Gomberg Dalfen, was listed in the Chambers Canada 2018 guide. The guide notes that Gomberg Dalfen is a preeminent Québec-based boutique widely recognized for its in-depth knowledge of regional immigration matters. The firm assists companies of all sizes with the movement of skilled workers to Canada from around the world, advising on work permits and both the Canadian and Québec permanent residence immigration programs. It offers notable experience in the entertainment and IT industries and provides services in English, French, and Spanish. MORE INFORMATION.

Charles Kuck was quoted in "Deportations Slow Under Trump Despite Increase in Arrests by ICE," published by the Washington Post.

Mr. Kuck also was quoted in "What GCs Should Know About the Latest Travel Ban," published by Law360 and available by registering.

Mr. Kuck was quoted by various news outlets regarding the DACA program's termination:

Mr. Kuck has posted a new blog entry. "Federal Judge Blocks Texas Law Punishing 'Sanctuary Cities' That Refuse to Comply With ICE Detainer Requests"

Dustin Baxter, Mr. Kuck's partner, has posted a new blog entry. "My Top 4 Takeaways From This Week's Trump-Induced Dreamer Nightmare"

H. Ronald Klasko has been appointed to the Investment Migration Council's Governing Board.

Robert Loughran moderated a panel on "Trade Diplomacy: Case Study on NAFTA" on September 19, 2017, at the Diplomacy Begins Here Regional Summit. The panel discussion took place at the Texas State Capitol in Austin, focused on the economic impact of NAFTA renegotiations on the Texas economy, and featured the Canadian and Mexican Consul Generals as well as the Director of the Bexar County Economic Development Department.

Mr. Loughran presented at Austin Chamber's 2017 State of Talent event on "Out of Market Talent—US Talent, High Skilled Immigration Talent." The presentation focused on the immigration impact of the Trump administration's policies on the pipeline of foreign workers from U.S. higher educational institutions into the skilled labor force in the United States.

Mr. Loughran was selected by Best Lawyers as the Austin Immigration Law "Lawyer of the Year" for 2018.

Mr. Loughran was interviewed on ABC affiliate KVUE regarding the potential for immigration relief for Deferred Action for Childhood Arrivals (DACA) beneficiaries now that the program has been ended.

Foster LLP hosted a webinar and an in-person Immigration Update half-day seminar, "Explore the New Normal in Immigration Law," held September 14 and 19, respectively, in Austin, Texas. The seminar focused on the impact of changes in both nonimmigrant and immigrant visa processes brought about by the Trump administration's "extreme vetting" of all petitions and applications for immigration benefits.

Foster LLP hosted a webinar on September 22, 2017, "E-Verify: The Ins and Outs of Enrollment and Use." The hour-long presentation by Partner Avalyn C. Langemeier and Senior Attorney Kari K. Blackman covered the basics of enrollment, use, and best practices for compliance.

Marco Mazzeschi spoke on a panel, "Rights Without Borders: Is the Concept of Asylum Alive and Well in a Post-Truth World?," at the IBA conference that was held October 8-13, 2017, in Sydney, Australia. MORE INFORMATION

Cyrus Mehta has authored a new blog entry. "Dealing With the Dreaded RFE: Reflections of an Immigration Lawyer"

Mr. Mehta was quoted in "Not Just DACA: Other Obama Rules Protecting Immigrants Could Go," by the San Francisco Chronicle

Mr. Mehta was also quoted recently in several media outlets:

Mr. Mehta has co-authored several new blog entries. "A Few Suggestions to Defend Oneself Against a Misrepresentation Finding Under the 90-Day Rule" "State Department Toughens Standard for Assessing a Foreign Student's Ties With Home Country"

David Isaacson, of Cyrus D. Mehta & Partners PLLC, has authored a new blog entry. "From Bad to Worse: Why We Should Not Let the Trump Administration’s Outrageous Immigration Demands Make the SUCCEED Act Seem Like a Reasonable Alternative"

Angelo Paparelli has posted several new blog entries. "USCIS Policy Reversal Creates De Facto Travel Ban" "Immigration Flippancy: USCIS Impedes Travel Abroad for No Good Reason"

Greg Siskind, of Siskind Susser PC, was quoted recently by various news outlets:

Siskind Susser PC has launched the DACA Revocation Advisor, to help people determine how their Deferred Action for Childhood Arrivals (DACA) eligibility is affected by the recent Trump administration action to terminate the program in 6 months.

Wolfsdorf Rosenthal LLP has posted several new blog entries. "4 Tips for EB-5 Principal Applicants with Diminished Capacity, Such As Autism" "Employment-Based Green Card Interviews Are Coming – What We Learned From the Ombudsman's Teleconference" "President Trump's New Travel Ban—Part 2: Update From Department of State" "President Trump Issues New Travel Ban" "EB-5 Investment at All-Time High: It's Time To Restore Congress' Original Intent To Admit 10,000 Investor Families" "It's Time for Regional Centers To File Form I-924A—Are You Ready?" "USCIS Resumes Premium Processing for Pending H-1B Petitions for the FY 2018 Cap" "5 Strategies on H-1B Level 1 Wage Requests for Evidence" "Rescission of Deferred Action for Childhood Arrivals (DACA)" "Diversity Visa Lottery Update" "October 2017 Visa Bulletin Released: Fiscal Year 2018 Opens With Good News…and Not So Good News" "Congress Extends EB-5 Regional Center Program through December 8, 2017" "5 Things to Know About the New Department of State 90-Day Rule Regarding Misrepresentation Based on Conduct in U.S.: Is Adjustment of Status or Change of Status Now a Death Trap?"

Stephen Yale-Loehr spoke on "Global Entrepreneurs in Residence: Helping Immigrant Founders Create American Jobs" on October 24, 2017, at the Welcoming Economies (WE) Global Convening 2017. The Trump Administration's pause of the proposed International Entrepreneurs Rule to allow an alternative to the startup visa has given new emphasis to the Global Entrepreneurs in Residence (GEIR) program to pair international entrepreneurs with universities to create local businesses and entrepreneurship opportunities. This session will include national experts, as well as the experience of one WE Global member, on how these programs operate, what they bring to a local entrepreneurial ecosystem, and what local communities should consider when contemplating such an endeavor. MORE INFORMATION

Mr. Yale-Loehr co-authored an article, "Ten Key Immigration Concepts for College & University Counsel," published on September 28, 2017, in the National Association of College and University Attorneys' NACUA Notes (Vol. 16, No. 1).

Mr. Yale-Loehr was quoted in an article on fivethirtyeight.com about two important immigration cases being argued this fall at the Supreme Court.

Mr. Yale-Loehr was quoted in "Will Work Program for Foreign Tech Students End?", published by the Bureau of National Affairs. "I'm sure there would be a court battle" if the administration rescinded the regulation, he said, adding that any argument that the 2016 regulation was somehow illegal "would be very dubious." He noted that ICE could claim there's "some economic disadvantage to American students" to justify rescinding the regulation. "We'll just have to wait and see exactly how they go about rescinding STEM OPT, if they do," he said.

Mr. Yale-Loehr was quoted in "US: STEM OPT Restrictions Would Be 'Harmful' to Economy," published by PIE (Professionals in International Education) News. He said the legal case for maintaining STEM OPT is strong. "A federal court has already held that the Department of Homeland Security had the statutory authority to publish a rule extending OPT to students in STEM fields. The court noted that since at least 1947, the immigration agency has interpreted the immigration laws to allow foreign students to engage in employment for practical training purposes. During all that time, Congress acquiesced to that interpretation," he said.

Mr. Yale-Loehr was also quoted in the following publications regarding the National Foundation for American Policy (NFAP)'s STEM OPT report:

Mr. Yale-Loehr, Carolyn Lee (of Miller Mayer), and H. Ronald Klasko spoke on a panel, "EB-5 Legislation: Where Are We?," a webinar sponsored by EB5 Diligence on Wednesday, October 4, 2017. MORE INFORMATION

Mr. Yale-Loehr co-authored an op-ed about the RAISE Act and immigration policy, "Immigration Crossroads: Republican 'Solutions' Will Make Our Problems Worse," published on September 14, 2017, by USA Today.

Mr. Yale-Loehr moderated a panel on September 8, 2017, at Cornell Law School analyzing President Trump's immigration executive actions. A video of the panel discussion. An article about the panel.

Mr. Yale-Loehr was quoted recently by several news outlets:

Mr. Yale-Loehr was also quoted by various news outlets regarding the DACA program's termination and related issues:

 
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