Immigration Practice

H Visas

Despite an annual numerical limitation, the H-1B visa is still the visa of choice for most professional companies that wish to bring specialized knowledge professionals to the U.S. for a temporary period of time. The total maximum period of time a person may hold H-1B status in the United States is six years. H visa holders can exercise dual intent and may pursue permanent residence in the U.S. Additionally, the premium processing option makes it possible to obtain a decision on an H petition within fifteen (15) days of submitting the petition to the United States Citizenship and Immigration Service (US CIS), if the correct fee has been paid. We work closely with companies and individuals to ensure that all applications can be filed at the earliest possible time, and emphasize the need to begin the H-1B process as early as possible prior to April 1 of a given application year due to the annual numerical limitation that applies to the H-1B visa.

L Visas

As many corporations continue to expand globally, L visas are increasing in desirability and need. L visas are available for high-level executives and managers, as well as specialized knowledge professionals, working for entities abroad that have related entities in the U.S. and seek to transfer employees to the U.S. to continue in their professional activities. Executives and managers are allowed to remain in the U.S. for a total period of time of up to seven years, while specialized knowledge professionals are allowed up to five years. We have experience in securing L visas for small companies with operations abroad, as well as large corporations that require blanket L petitions to reduce processing times for L visas. Like the H-1B visas, holders of L visas also enjoy dual intent when applying for legal permanent residence in the United States. Finally, premium processing, as discussed above for H visas, is available to L-1 applications for quicker adjudication of a case.

TN Visas

Canadian and Mexican citizens may apply for TN visas if they are entering the United States to engage in activities at a professional level. Immigration regulations specify what occupations are considered to be professional in nature, and the minimum requirements for entry into those occupations. Unlike the H and L visas, TN holders do not enjoy dual intent, and should consult with an attorney prior to initiating the Green Card process while on a TN visa.

Employment Based Labor Certifications

When an employer seeks to sponsor an individual for his/her Green Card, the employer must engage in a three-step process to obtain a Green Card for the employee to adjust his/her status to that of a permanent resident of the U.S. This three-step process can often be difficult and time consuming. We handle a large volume of employment based labor certifications and have significant experience with all three stages: (1) the PERM process to obtain Alien Labor Certification from the Department of Labor, (2) the I-140 Immigrant Petition for Alien Worker (including ability to pay issues), and (3) the I-485 Application for Adjustment of Status (the “Green Card Application”).

Extraordinary Ability and Exceptional Ability Individuals

Certain individuals with either extraordinary ability, who can show that they have risen to the very top of their field, or those of exceptional ability, who can demonstrate that their work is in the national interest, may avoid the filing of an Alien Labor Certification Application. Such individuals may adjust their status to that of permanent resident in less time than many other visa categories. We routinely assist individuals in the fields of medicine, technology, finance and the arts to procure visas based on their abilities and achievements in their respective fields.

E-2 Treaty Trader and Treaty Investor Visas

Treaty trader and treaty investor visas are available to nationals of countries with whom the United States maintains a treaty of commerce and navigation. The firm regularly provides comprehensive representation to clients from all over the world with treaty trader and treaty investor visas.

EB-5 Immigrant Investor Visas

In 1990, Congress created the EB-% visa category in order to stimulate the U.S. economy through foreign investment. In general terms, a foreign investor can attempt to secure a path towards permanent residence through an investment of at least US$1,000,000, or, in some instances, US$500,000 through an investment in a Targeted Employment Area. As part of this process, the investor must document that creation of at least 10 full time jobs for qualifying U.S. workers within two years of the investor’s admission into the United States.

Depending upon the circumstances, foreign nationals who marry United States Citizens may be able to adjust their status in the United States, or must obtain an immigrant visa abroad. We assist clients navigate through the K-1 nonimmigrant process for fiancées, K-3 nonimmigrant process for spouses, I-130/I-485 immigrant process for individuals in the United States, and I-130 immigrant process for individuals who will process at a United States Consulate or Embassy abroad.

We routinely assist individuals in removal proceedings before the Executive Office for Immigration Review (“EOIR” or “immigration court”). Sometimes foreign nationals or Legal Permanent Residents have committed minor infractions of the law that are “misdemeanors” in State Courts, but are considered “aggravated felonies” for immigration purposes, requiring assistance to obtain Cancellation of Removal or Waivers of Removability. In other instances, foreign nationals enter the United States without the proper documentation and require assistance to navigate through the court process in order to properly return to their home country without jeopardizing their future ability to return to the United States with a proper visa in hand. We assist individuals under various circumstances that place a person in removal proceedings in order to obtain an equitable and just resolution for their situation.

The immigration laws allow for many benefits to individuals seeking entry into the U.S., whether for a temporary period of time or for permanent residence. Similarly, companies seeking to remain competitive in today’s marketplace can use the immigration laws for their benefit. Our approach is to assist our individual and corporate clients develop the best strategy for achieving their immigration objectives. If you have any immigration questions, please feel free to call us to set up a consultation.

With the advent of E-Verify and advanced compliance requirements, the firm assists employers, particularly government contractors, with I-9 compliance issues, and provides I-9 audit services. In addition, we regularly assist our clients with navigating through the immigration consequences of mergers and acquisitions.