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...

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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...

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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...

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