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Old 13th Feb 2018, 21:58
  #42 (permalink)  
Join Date: May 2008
Location: All Over
Posts: 493

Ya...I might be careful with that. Developing a 'scheme' of bouncing someone on and off visas often violates OTHER laws that maybe you didn't know about when you came up with your scheme. A prudent employer doesn't ask legal counsel 'how can I get away with this' but asks 'what's the right thing to do and what are the pitfalls in what I'm considering.'

Just like when one fills out his or her taxes. You can claim a lot of stuff, but when you get audited you better have been genuine otherwise you can face significant penalty.

For a hypothetical example,

The L1A visa was designed such it would apply to department heads and relatively high up executives who operate with a great deal of autonomy. Someone coming into the US to open a factory which employs several hundred (or thousand) workers and was necessary to do so. Potentially applicable to THE department head(s) who would set up Cathay's entire operation for the US. It was NOT designed to accommodate middle managers, staff, or minions. And how it would apply to an airline pilot (or captain) who ultimately does have some decision making authority but for the most part operates bridled by regulation, SOP, and company policy during normal operations completely escapes me. Hypothetically, one could probably write the job to sound better than it actually is on the application, but to me that would be dishonest and I would hope my legal advice would tell me that it was so and potentially subject to later scrutiny.

Perhaps things are really on the up and up and I guess in the long run we will see.
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