UNDER THE RECENTLY PASSED 1996 IMMIGRATION ACT, A FOREIGN NATIONAL ENTERING THE U.S. FOR BUSINESS PURPOSES WITH IMPROPERLY PREPARED DOCUMENTATION CAN BE BARRED FROM THE COUNTRY FOR FIVE YEARS, SAID DARYL R. BUFFENSTEIN, CHAIR OF THE NATIONAL IMMIGRATION PRACTICE OF THE ATLANTA LAW OFFICE OF PAUL, HASTINGS, JANOFSKY & WALKER, AT A SEMINAR AT THE RITZ-CARLTON, BUCKHEAD, ON NOV. 12.

THE NEW LAW MAKES IT MORE DIFFICULT FOR COMPANIES TO MAKE USE OF FOREIGN EXPERTISE, AND IMPOSES HARSH PENALTIES WITH NO APPEALS FOR ERRORS AND VIOLATIONS, MR. BUFFENSTEIN TOLD ATTENDEES AT THE SEMINAR SPONSORED BY THE SOCIETY FOR HUMAN RESOURCE MANAGEMENT, ATLANTA (SHRM).

IF AN IMMIGRATION AND NATURALIZATION SERVICE (INS) OFFICER DETERMINES THAT AN INDIVIDUAL DOES NOT HAVE A PROPER VISA, OR HAS MISREPRESENTED THE PURPOSE OF HIS VISIT, THE INSPECTOR CAN DENY ADMISSION TO THE U.S. AND BAR THE VISITOR FROM RETURNING FOR ANY REASON FOR FIVE YEARS, A PROVISION THAT COULD PREVENT U.S. COMPANIES FROM BRINGING MUCH-NEEDED FOREIGN SPECIALISTS INTO THE COUNTRY, HE SAID.

A PERMANENT RESIDENT WHO LEAVES THE U.S. ON AN OVERSEAS ASSIGNMENT FOR MORE THAN SIX MONTHS CAN ALSO BE BARRED FROM RETURNING FOR FIVE YEARS IF HE ATTEMPTS TO RE-ENTER WITHOUT THE PROPER VISA, HE ADDED.

IF A TRAVELER OVERSTAYS HIS TIME IN THE U.S. BY EVEN ONE DAY, HIS VISA WILL BE INVALIDATED, AND HE WILL HAVE TO RETURN TO HIS HOME COUNTRY TO RENEW IT, SAID MR. BUFFENSTEIN.  THE PREVIOUS LAW ALLOWED RENEWAL FROM A NEIGHBORING COUNTRY OR THROUGH THE VISA REISSUANCE OFFICE IN WASHINGTON, D.C., HE ADDED.

IF A TRAVELER OVERSTAYS HIS ADMISSION BY 180 DAYS, AND THEN LEAVES THE U.S., HE WILL NOT BE ALLOWED TO RETURN FOR THREE YEARS, HE SAID.  IF HE OVERSTAYS BY ONE YEAR OR MORE, HE CAN BE BARRED FOR 10 YEARS.

ALTHOUGH THE NEW LAW IS IN EFFECT, MR. BUFFENSTEIN SAID, COMPANIES CAN STILL AFFECT HOW THAT LAW IS INTERPRETED BY THE INS, AND MAY BE ABLE TO CHANGE SOME OF ITS PROVISIONS THROUGH A TECHNICAL CORRECTIONS BILL THAT IS SCHEDULED TO BE INTRODUCED EARLY IN THE NEW CONGRESS.

FOR MORE INFORMATION, MR. BUFFENSTEIN MAY BE REACHED AT (404) 815-2232; FAX (404) 815-2424.

BY  BRIANA  PEHLMAN