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S African/Irish visa to work 2.5 months in USA

S African/Irish visa to work 2.5 months in USA

Old Mar 17, 13, 5:03 am
  #1  
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S African/Irish visa to work 2.5 months in USA

My company has a contract employee in South Africa. He has both a Irish and South African Passport.

We would like to have him work in the USA for 2.5 months. He will still get paid in South Africa, etc. There is a chance we might want him to stay forever, but we really don't know and we can deal with that later.

Does he need a visa? What are realistic suggestions regarding this? Any help appreciated.

Thanks
AAaLot is offline  
Old Mar 17, 13, 6:33 am
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Your company's first step should be to engage an immigration attorney. He/she can provide the best advice depending on the line of work you are in and what visas(s) may be applicable. With respect, be very careful about seeking immigration legal advice on an Internet forum.
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Old Mar 17, 13, 9:49 am
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Originally Posted by UAPremExecflyer View Post
Your company's first step should be to engage an immigration attorney. He/she can provide the best advice depending on the line of work you are in and what visas(s) may be applicable. With respect, be very careful about seeking immigration legal advice on an Internet forum.
Thanks

I know (or believe) that someone with an Irish passport could come for a one or two week 'meeting'...I think I have even heard of people being in training, etc for 2 months.

I just wanted to get a feel for what others have realistically done.
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Old Mar 17, 13, 10:34 am
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I agree that you need to get advice from a lawyer (presumably US-based) who is well-versed in US immigration law. It could all go disastrously wrong if it is not done properly.

The point to emphasise, of course, is that although the employee will be physically in the US, he will still be employed on his South African contract and will be paid in South Africa for the duration.

As you say, the question of whether he might stay longer than the two and a half months is a different point, and probably oughtn't to be allowed to confuse the issue at this stage - although you do need to bear in mind that it might take a while to organise such a thing (i.e. the employee might well have to return to South Africa and return later).
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Old Mar 17, 13, 10:45 pm
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Originally Posted by AAaLot View Post
Thanks

I know (or believe) that someone with an Irish passport could come for a one or two week 'meeting'...I think I have even heard of people being in training, etc for 2 months.
In order for a foreign national to be in training for a company here, you need a visa for this purpose like a J-1. Talk to an immigration lawyer.
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Old Mar 18, 13, 1:31 am
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Getting a visa may well be easy and efficient for an Irish National, however the following is from the state department:

Citizens of the following 27 countries; Andorra, Australia, Austria, Belgium Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland and the United Kingdom, may be eligible to travel to the United States visa free under the Visa Waiver Program if they are traveling for business, pleasure or are in transit, and they meet all of the following requirements.

http://dublin.usembassy.gov/vwp_newcountries.html
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Old Mar 18, 13, 4:24 am
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Originally Posted by anxiousone View Post
Getting a visa may well be easy and efficient for an Irish National, however the following is from the state department:

Citizens of the following 27 countries; Andorra, Australia, Austria, Belgium Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland and the United Kingdom, may be eligible to travel to the United States visa free under the Visa Waiver Program if they are traveling for business, pleasure or are in transit, and they meet all of the following requirements.

http://dublin.usembassy.gov/vwp_newcountries.html
That's all well and good, but a 2.5 month trip is rarely defined as a business trip, but rather as working. The intention of what you've copied and pasting is travelling to the US for a meeting or two and returning a short while later.

I'm throwing my hat in the immigration lawyer ring.
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