There are several operational issues foreign businesses should be aware of when they are considering expanding into the U.S., including:
Assessing whether the business will have a physical presence in the U.S.,
Day-to-day business management, such as inventory, online sales, and hiring U.S. employees,
Determining whether the foreign parent or U.S. subsidiary will handle certain business expenses, and
Managing any intercompany payments between the two entities.
Another significant aspect to consider is how a foreign business will handle accounting for...
In this week’s Roar: Record high port congestion, optimism in the Red Sea, rising air rates from Asia to the EU, contrasting East Coast to West Coast rates, and unpredictable lead times for South American importers.
In conditions reminiscent of the pandemic, port congestion has hit a record high, with 4.31 million TEU of container capacity stranded around the globe. The situation has worsened due to delays in Asia and Europe and longer routes around Africa, which have also helped...
Highlights
U.S. Citizenship and Immigration Services (USCIS) proposed a $103,265 fee for all cap-subject H-1B petitions, which is a broader scope than the prior $100,000 fee.
The newly proposed H-1B fee would not apply to extension, change of employer, or cap-exempt petitions.
The proposed rule will undergo a 30-day public notice and comment period, after which USCIS will announce its implementation, if applicable.
The executive branch is also considering a $100,000 fee for Optional Practical Training (OPT), which would...
On August 21, 2026, trade negotiations between the United States and Canada faltered and the parties, for now, have ceased further negotiations. As a result, the United States has implemented 50% tariffs on a broad range of Canadian products under Section 338 of the Tariff Act of 1930. First announced on July 20, 2026 (see SmarTrade update of July 21, 2026), when President Donald Trump signed three Presidential Proclamations imposing these additional, implementation of these tariffs was delayed until August 22,...
For EU antitrust investigations, a U.S. company cannot rely on U.S. attorney-client privilege to prevent the Commission from demanding U.S.-located documents, particularly communications with in-house counsel. The context is an EU antitrust investigation into Broadcom/VMware’s licensing practices (VMware virtualization-software licensing practices following Broadcom’s 2023 acquisition of VMware, including moving customers from perpetual licenses to subscriptions, bundling VMware products, significant price increase, contractual terms that could increase customer lock-in, restrict interoperability, or make it harder for customers to switch).
What happened
The...
In this week’s Roar: Global trade remains robust, the U.S.-Asia trade war, diesel prices are up and so are global air freight rates, and how far global CEOs will go to mitigate risk.
So far this year, global trade has remained surprisingly robust, especially from China. But shipping lines and ports still face challenges as empty containers pile up in the U.S. and Europe. The East-West trade imbalance is worsening, driving port congestion that hinders efficiency and burdens carriers with zero-revenue...