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November 2011


November 2, 2011 | Posted by Mark Koestler, Co-Chair, Business Immigration | Permalink

Just a few weeks ago, 15 Russian engineers employed by Boeing’s Moscow Design Center, who were travelling to the United States to perform services for Boeing, were denied entry by Customs and Border Protection (“CBP”) at the Seattle Tacoma International Airport.  While all of the facts are not clear, it appears that the engineers were seeking entry pursuant to the “B-1 in lieu of H-1B” category, which permits professionals who are employed abroad to come to the United States for a short period to perform services for a U.S. entity.  These professional visitors must remain on the payroll of their foreign employers and are not permitted to receive any remuneration from any U.S. source. However, they may be reimbursed for out-of-pocket expenses by the U.S. employer.

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