Immigration/Employment of Foreign Nationals

With ever-changing immigration laws, you need an ally who can assist you in a wide range of matters relating to U.S. immigration laws and compliance.  An essential component of our practice is to understand the business objectives of our clients and develop immigration strategies that reflect their needs.  With a focus on business immigration, we guide U.S. and foreign employers, including hospitals, high-tech companies, engineering consultants, service and hospitality industries, heavy machinery and transportation manufacturers, and science laboratories, through the maze of immigration laws. 

We assist clients in determining the best practices for hiring and employing foreign executives, professionals, and other skilled foreign workers on a temporary or permanent basis.  We counsel human resources departments on compliance with immigration laws, including immigration-related discrimination concerns, employment eligibility verification, investigations by the Department of Labor and ICE (Immigration and Customs Enforcement), employer penalties and fines, and immigration record keeping.  On a case by case basis, we represent foreign nationals seeking family based immigration assistance or asylum relief.

Non-Immigrant Visas
To help foreign nationals receive temporary authorization to live and work in the U.S., we work with our clients to determine the best visa options. With careful planning and documentation, we help businesses and individuals to secure various non-immigrant visas, including B visas for tourists and business visitors, E visas for traders and investors, F visas for students, H-1B and TN visas for professionals, J visas for exchange visitors and trainees, L visas for intra-company transferees, and O visas for individuals of extraordinary ability. We counsel employers on foreign recruitment issues (including assessing educational credentials and work experience), the USCIS and consular processing, and amendments of existing petitions or revocations of approved petitions.

Permanent Residence
Our immigration lawyers handle a variety of employment- and family-based immigrant visas.  We have successfully petitioned for immigrant visas for multinational executives, nurses from overseas, foreign nationals of extraordinary ability, outstanding researchers and professors, candidates with national interest waivers and J-1 waivers, degreed professionals, as well as relatives of U.S. citizens and permanent residents.  Our attorneys work with employers to properly plan the transition of an employee from temporary to permanent status, advising them on recruitment steps for labor certification, extensions of temporary visas, and adjustment of status issues.  After acquiring permanent residence, we assist individuals in applying for U.S. citizenship and naturalization.

Immigration Compliance
We counsel and train corporate executives and human resources professionals on the Immigration and Reform Control Act of 1986, including employment eligibility verification, how to avoid claims of immigration-related unfair employment practices, and H-1B, LCA and PERM compliance.  We help manage I-9, H-1B, PERM, and Social Security recordkeeping programs and conduct in-house audits to ensure compliance in an effort to prevent government audits.  In case of a Department of Labor or ICE audit, our attorneys are prepared to defend you in investigations and sanctions hearings.

Asylum
As part of the firm's commitment to pro bono services, and in conjunction with Human Rights First, we have represented individuals seeking safety, security, and freedom in the United States after having fled their native countries due to religious, ethnic, and political persecution.  Through affirmative and defensive proceedings, we have successfully secured asylum for people from countries around the world including the Cameroon, Pakistan, Togo, Rwanda, Mongolia, and Liberia.

Client Alert: USCIS Announces New I-9 Form And Changes To Verification Procedures For Eligible Employers

On July 21, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced a new Form I-9 to be used in connection with the verification of employment eligibility. The new form is available for use effective as of August 1, 2023. Employers may continue to use the older version of the Form I-9 (Rev. 10/21/19) through Oct. 31, 2023. After that date, they must use the new form. Use of an older version of the form will subject employers to penalties under Section 274A of the Immigration and Nationality Act, as amended.

O-1 Visa Issues

U.S. trade and professional organizations periodically encounter inquiries from foreign nationals looking for support for a visa application for the United States.  The individual is invariably asking for the organization to provide them with a “recommendation” or “opinion” letter to support their O-1 visa application.  The inquiry usually raises multiple questions for the organization -- Are we required to provide the letter? What happens if we say yes (or no) to the request? Will the immigration service investigate us if we provide the letter?  - and so on.  In other cases, the organization is looking more for guidance on how to set limits on such “recommendations,” given that most of the individuals who come to them are not members of the organization.