BABC
British American Business Council 75 Harborne Road, Edgbaston, Birmingham B15 3DH T: 0121 450 4217
E:
babc@babcmidlands.org.uk W:
babcmidlands.org.uk
Visa waiver imperative I
US lawyer JANICE FLYNN takes a look at the issue of US visas, and how to avoid any pitfalls
f you have visited the United States and are British, you most likely travelled to the US without a visa on the ‘Visa Waiver Program’. This allows British citizens travelling to the US for fewer than 90 days for business trips or tourism, to do so without a visa. Before travelling, a British national must first register with the Department of Homeland Security’s
Electronic System for Travel Authorization (ESTA). Business travellers entering the US on the Visa Waiver Program may attend brief business meetings
and conferences but may not otherwise work while in the country. Working is defined as regular productive employment – so, if you have sent an employee to the US
several times for long periods on the Visa Waiver Program, it is likely it will appear that the employee is working in the US, even if they are still on the UK company’s payroll. It will then be up to US customs officials whether or not that person has abused the Visa Waiver Program – and entry could be refused.
If this happens, the consular officer at the US Embassy will
most likely not issue a B-1 business visitor visa to the applicant. The consular officer will probably advise that it is more appropriate for the visa applicant to apply for an employment-based visa category before re-entering the US, and there are a number of these, with no one category necessarily the best option for all companies doing business in the US.
One that can cause many problems is if a traveller to the US has prior arrests or convictions. The most difficult cases are the high-level executive who may have been in trouble before they were 18 years old. As the UK’s Rehabilitation of Offenders Act does not apply to US immigration law, any criminal convictions a person has will always be on that person’s record and must be declared when they apply for ESTA authorisation and when applying for a visa at the US Embassy. Not all offences will make a person
ineligible for a visa, but you need to seek advice on the matter before applying. Getting prior advice will be priceless in avoiding a bureaucratic nightmare.
Janice Flynn: get the right advice before applying for a US visa
US attorney moves
to Birmingham Birmingham law firm Mills & Reeve has appointed American lawyer Laura Noone as an associate. Laura qualified as an attorney in California
three years ago, and specialises in personal injury claims. She said: “With my recent experience of the US legal market, Mills & Reeve’s links with the British American Business Council (BABC) really appealed to me. “As well as striving to grow the general
insurance practice, I’m also committed to promoting and building British American business relationships.”
From California to Brum: Laura Mills For more information, visit
www.usvisasolutions.co.uk or email
Janice.flynn@usvisasolutions.co.uk
Cut here: Lord Green (left) with Richard Parris Lord Green opens
Intercede facility Trade and Investment Minister Lord Green has paid a visit to security software firm Intercede to open the firm’s new research facility. At the opening ceremony, the minister heard about the Lutterworth firm’s export success – 88 per cent of its sales are from overseas markets, including 64 per cent from North America. Lord Green said: “The Government views the
role of small and medium size enterprises as critical to spurring an export-led UK economic recovery through innovation and entrepreneurship. “Intercede is an excellent example of the kind of business the UK needs to sustain growth. Richard Parris, chairman and chief executive
of Intercede, said: “Lord Green acknowledged the tremendous growth potential of our business and the help and support available from the local UK Trade and Investment team to help Intercede exploit its leadership position.”
Sponsors sought for conference
The British American Business Council (BABC) is seeking further sponsors for its annual transatlantic business conference, which takes place in Birmingham on 15-17 May 2013. The 2013 conference will welcome guests
from across the BABC network, including members from the organisation’s 18 chapters in the USA and Canada. The theme of the two-day event will be:
‘Strategies for Success in Tomorrow’s Economy – Design, Advanced Manufacturing and Professional Services’. A line-up of keynote speakers and experts is being assembled to provide an insight into how to succeed in each of these three sectors. There are a number of sponsorship options available: Platinum (£15,000), Gold (£10,000) and Silver (£5,000). Sponsorship includes various speaking, networking and branding opportunities, tickets to the conference, the opening reception and the gala dinner.
For more information, contact Cassie Muir at the BABC, email:
cmuir@babcmidlands.org.uk
OCTOBER 2012 CHAMBERLINK 17 BABC PATRONS
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