PERSONNEL MANAGEMENT in America in the context of construction projects: secondment and transfer of international personnel to the U.S.

International Personnel in the U.S., Employees, Freelancers, and UNION Personnel

International PERSONNEL in USA

Typically, American companies owned by international and European companies working in construction need to transfer specialized personnel to the USA. For these companies, the need does not fade in the first months of activity but quite physiologically persists and is renewed with each new project. In these cases, it is advisable to have strategic planning aimed at overcoming the "barrier to entry" represented by U.S. immigration regulations. Below we offer an overview of the visas commonly used to manage the transfer or secondment of personnel to the United States for all companies engaged in construction projects to work on construction sites in America.

BACKUP LETTER

A non-consular document [not a visa] that accompanies travelers with ESTA explicating technical or business activities to be performed within 90 days of entry into the U.S. Typically used for technical specialists performing occasional supervision, coordination, training on specific local projects - valid for one entry only.

B1 INDUSTRIAL WORKER

A consular visa that replaces the ESTA+BACKUP LETTER combination, allowing the holder greater protection and flexibility in terms of the number of entries in a year and length of continuous stay in the territory (up to 6 continuous months). Unlike the other B1 classes, this declination is tailored to the typical needs of the construction industry. It is used for technical profiles for which it can be demonstrated that one's "specialization" is material to the success of a project. The decision to opt for a B1 in lieu of a Backup depends on many factors that must be analyzed on a case-by-case basis - the Visa holder does NOT become an employee of the U.S. company but may perform work-like activities [even if they are not legally so] on behalf of it; this visa can be valid for ten years.

TEMPORARY WORK VISA

This is a type of visa that equates the holder with a U.S. resident by allowing them to obtain a Social Security Number (personal tax identification number) and thus enabling them to WORK in the United States. These are visas that typically stem from the foreign company's choice to TRANSFER or DISTRIBUTE personnel to the U.S. company. There are several categories available, but experience tells us it is appropriate to focus on E visas (E1 or E2) or L1 visas (L1A for executives or L1B for technical specialists). The choice about the type of visa varies from case to case. Whenever possible, E visas are preferred because of the greater predictability of outcome and greater protection of the employer (sponsor). Visa holders can remain on the payroll of the Italian entity or be put on the payroll of the U.S. entity. - These are visas that can be valid for up to 5 years and typically renewable if the basic conditions remain in place.

NB. All of these profiles could become U.S. "tax subjects." ExportUsa is dedicated to assisting "expat" personnel in managing their hybrid position straddling the two tax systems, Italian and U.S.

Employee recruitment in the United States - PAYROLL EMPLOYEE

There are two forms of payroll employees in the United States:

EXEMPT = annual salary, typically fixed and possibly augmented by bonuses and/or commissions; and,
NON-EXEMPT = staff paid by the hour and not exempt from OVERTIME rate.

These are the main services offered by ExportUSA for hiring and managing employees in America:

Consulting to identify which salary-benefit-reimbursement combination is most efficient to ensure key-employees retain, in line with tax-efficient management;
Advice about compliance (correct classification of the employee - EX or NON-EX, compliance with prevailing wages, PTO, non-discrimination, etc.);
Registering the company as an Employer (registered to act as a tax withholding agent in each relevant state);
Payroll setup, issuance of pay slips and accrual tax filings, rate payments on behalf of the tax withholding company;
Managing layoffs and terminations of employment (contracting, severance pay, etc.)
Production of fiscal year-end forms (W2, W3 etc.)

Recruitment and management of FREE PROFESSIONALS in the United States

U.S. regulations governing the management of non-employee personnel are very different from those governing the management of employee personnel. ExportUSA offers a range of specialized consulting services on the subject:

Consultation to set up the employment relationship (contracting, obligations and responsibilities of the parties, reporting hours, documentation to be obtained from the employee, etc.);
Management of the employment relationship;
Possible transformation of the employment relationship in compliance with regulations (from 1099 to payroll employee);
Insurance management (for the benefit of Audits that will be done by insurance companies after typically each year of coverage);
Year-end tax filings.

The management of the UNION STAFF (UNIONS)

The construction industry is highly unionized. Certain states regulate construction work almost entirely under UNION jurisdiction. This makes it necessary, in order to work, to become a member of the relevant union (which varies depending on the specialization and location of the job). Again, ExportUSA offers a range of specialized services to support companies that need to hire unionized personnel in America.

Strategic planning to distinguish Union jobs from NON-UNION jobs to avoid the latter having to meet the stringent requirements typical of Union jobs. Identification of the relevant union;
Identification of the relevant trade association (when present).
Management of activities necessary to become a member of the relevant United Brotherhood (for each trade and in each relevant territory)
Activation of Surety bonds and Escrow Agreements (when they cannot be avoided)
Strategic planning to arrive at signing the so-called International Agreement (avoiding having to sign new territorial agreements every time you work in a new state, region, county or municipality)
Membership of Italian personnel with the Union to allow access to union jurisdiction worksites;
Management of relations with the Shop-Steward for the purpose of issuing UNION employee payrolls according to union installments and deductions of jurisdiction;
Payment of so-called FRINGE BENEFITS for both U.S. personnel sent on site by the UNION and Italian personnel;
Management of Audits by agencies hired by the UNION to verify compliance.

How to become a LICENSED CONTRACTOR in the U.S.

Some states require a license in order to operate in the constructions industry. Almost always, obtaining the license requires that the company meets specific requirements, has at least one profile in the company that meets specific requirements, and passes one or more examinations designed to investigate legal/administrative knowledge and technical skills specific to the sector for which the license is being applied. ExportUsa is able to assist companies in all stages of the process:

Setting up the corporate structure in accordance with the requirements;
Tutoring and assistance in completing the documentation necessary to apply for a license;
Preparation for the Law and Business examination (when required). Tutoring and assistance in the stages following the approval of the application;
Tutoring and assistance in maintaining license compliance. Support in taking advantage of any reciprocal licensing relationships between different U.S. states.

Export Services

United States Visas

ExportUSA handles applications for all types of United States visas. We specialize in applications for work visas.

https://www.exportusa.eu/us-visas-exportusa.php

Services for U.S. subsidiaries of international companies that need to transfer specialized personnel to the U.S.

PERSONNEL MANAGEMENT in America in the context of construction projects: secondment and transfer of international personnel to the U.S.

International Personnel in the U.S., Employees, Freelancers, and UNION Personnel

International PERSONNEL in USA

BACKUP LETTER

B1 INDUSTRIAL WORKER

TEMPORARY WORK VISA

Employee recruitment in the United States - PAYROLL EMPLOYEE

Recruitment and management of FREE PROFESSIONALS in the United States

The management of the UNION STAFF (UNIONS)

How to become a LICENSED CONTRACTOR in the U.S.

Related articles

Export Services

United States Visas

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Services for U.S. subsidiaries of international companies that need to transfer specialized personnel to the U.S.

PERSONNEL MANAGEMENT in America in the context of construction projects: secondment and transfer of international personnel to the U.S.

International Personnel in the U.S., Employees, Freelancers, and UNION Personnel

International PERSONNEL in USA

BACKUP LETTER

B1 INDUSTRIAL WORKER

TEMPORARY WORK VISA

Employee recruitment in the United States - PAYROLL EMPLOYEE

Recruitment and management of FREE PROFESSIONALS in the United States

The management of the UNION STAFF (UNIONS)

How to become a LICENSED CONTRACTOR in the U.S.

Related articles

Export Services

United States Visas