Employment Immigration
As the world becomes increasingly "smaller," our clients often need to employ foreign personnel in the United States. Lack of familiarity with ever-changing immigration procedure and practice can lead to unforeseen delays and unpleasant surprises for businesses seeking to recruit, hire or transfer foreign workers.
We counsel our clients on the best strategy for bringing foreign personnel on board and maintaining their valid immigration status. For example, we have assisted foreign companies in transferring foreign personnel to a U.S. subsidiary or affiliate to set up or continue U.S. operations. We have obtained work authorization for professionals seeking to be employed in the U.S. in a wide variety of fields. We change the immigration status of foreign students completing graduate programs in the United States to permit their employment by U.S. companies engaged in, for example, pharmaceutical and engineering research. We have acquired permanent residence on behalf of engineers, physicians, executives, and other professionals seeking permanent employment with U.S. employers. In addition, we have represented individuals eligible to join family members already in the United States.
Employment-Board Immigration
We frequently advise on the several different nonimmigrant visa categories available for the temporary admission and employment of foreign personnel, including the B-1/B-2 (business, visitor, tourist), E-1, E-2, H-1B, F-1 (student visa); J-1 (exchange visitor), L-1 (intra-company transfer), O-1 (extraordinary ability), and TN (NAFTA professional) visas. We will assist in selecting the most appropriate visa category applicable to the employer and foreign employee and prepare a compelling petition package for submittal to the United States Citizenship and Immigration Services ("USCIS") and a persuasive visa application at the appropriate consulate abroad.
Our immigration professionals work with clients to determine the best and shortest route to obtaining green card status for critical alien employees. Employment-based immigrant categories cover international transfers, extraordinary ability aliens, and outstanding researchers (EB-1); exceptional and national interest aliens (EB-2); and professional and skilled workers (EB-3). While some categories require labor certification as a precondition to approval, in certain circumstances, labor certification can be avoided. We work with the client and the Department of Labor and USCIS through the labor certification process when it's necessary, and also advise when it is not.
General Advice and Consultation
Our immigration specialists are knowledgeable about a wide range of issues facing foreign personnel, including tax questions, USCIS processing delays, the visa lottery, and how to avoid falling out of status. With membership in the American Immigration Lawyers Association, our group is well equipped to provide up-to-the-minute information about changes in immigration regulations and practice.