Legal Question in Immigration Law in New York
Employment Law/US Immigration
I am running a trading desk for a major European IB in New York.
During summer times we used to have traders from Headoffice over to help out while we were short staffed in the US.
These traders have contracts in Europe and are paid in Europe. They come with a return ticket for the flight back 2 or 3 weeks later. They do not take any US citizen's job away as they are only here to trade for 2 to 3 weeks. My HR now demands that these people come equiped with an L-1 visa. Supposedly this is the only way to have these traders work on my desk. L-1 takes a long time to apply for and is a visa for 3 years.
I argue that this is total overkill and there should be an easier solution, while still being within the law.
We employ 3000 traders globally and there should be easier ways to fill short-term gaps in the US, rather than this overkill.
Does anybody have a suggestion how to stay within the law but not go through this lengthy process?
Possibly another kind of visa?
Thank you very much in advance.
3 Answers from Attorneys
Re: Employment Law/US Immigration
Your employees might be eligible for multiple entry B-1 visas that can be issued for 5 or 10 years by a US consulate in their country in Europe. B-1 visas are designed for professionals who work out of the office abroad, but need to visit the US once in a while to participate in short-term projects, conferences, workshops etc. Consular proceedings for this type of visa are usually fairly quick and straightforward. Should you wish to retain an immigration attorney for this matter, I would be happy to help you.
Re: Employment Law/US Immigration
If your non-U.S. traders come to your shop to trade rather than to attend meetings or training sessions they are considered to be employed in the U.S. regardless of how short their stay is. Legally this is not permissible while in a visitor status (which they are under the visa waiver program). So your HR has a point. While L visas are expensive and difficult to obtain, there are not many alternatives available. If your firm is big enough it may qualify for sponsoring blanket L visas which helps. Canadian citizens may qualify for TN visas, which are typically much easier to obtain. For European nationals, though, there are few viable alternatives. Bottom line -- your visitor traders need some sort of an employment-based visa if they want to practice their craft state-side.
Re: Employment Law/US Immigration
Your HR is right. I think L is a right option. You can do blanket L, it has premium processing and it can be done fast. IT is valid for 3 yrs and then another 3 yrs. Also if the companies are established I dont think it should be a problem.
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