Rudolf has a chain store operation in Country x. Rudolf decides to expand his
business operation into the United States. To cover the cost of expansion, Rudolf decides
to “franchise” the operation into the United States. Carl, a resident of country X, enters a
franchise agreement with Rudolf to open a franchise in the United States. The franchise
agreement requires that Carl make a substantial investment of funds to open the franchise
in the United States. Furthermore, the franchise agreement requires that Carl’s franchise
employ only US residents as employees and that the franchise funds be used to purchase
land and construction of a building in the United States.
Rudolf realizes that Carl does not have the business acumen to run the franchise
in the United States. Rudolf send Robert, a resident of country X, to manage and direct
the franchise on a temporary basis until Carl is competent to run the franchise in the
United States. To make sure the franchise complies with US accounting laws, Roberts
contacts Flow (who has a small accounting firm) in the United States. However, Robert
requires that Flo works for the franchise exclusively and full time, that Flo maintain an
office on the premises of the franchise and Robert constantly reviews the records and
documents of Flow to make sure the records and financial statements are accurate. Since
Flo spends a lot of time at the franchise, Robert is always asking Flo out for a date and is
always making “sexual comments” about her. Discuss the various adjustments of status.
What is the immigration status of Carl? What is the immigration status of Robert? What
is the legal status of Flo? Can Flo maintain a “sexual harassment” claim against Robert.
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