Each year, thousands of employers in the United States hire foreign nationals to join their businesses and organizations. These foreign workers often bring highly specialized knowledge to their respective fields, add cultural diversity to the workplace and help U.S. employers maintain a competitive advantage. Despite the many benefits that these foreign nationals bring to the U.S. economy, business immigration procedures are often complex and the legal processes are overwhelming. Our Firm will guide you through the maze of immigration processes, from the hiring to the transfer of foreign workers. With our experience working with all types of organizations and businesses and our vast knowledge of U.S. citizenship and immigration law, we can help you explore the options for work authorization and assist you with the documentation requirements necessary to obtain the appropriate visa. Our Firm also receives referrals from in-house counsel on the handling of immigration compliance matters. Temporary Nonimmigrant Work VisasH-1B Specialty Workers Visa One option available to employers is the H-1B Visa which allows businesses to sponsor highly skilled foreign nationals in specialized occupations to come work in the United States on a temporary basis. H-2 Temporary or Seasonal Work Visa (Agricultural or non-Agricultural) The H-2 Visa allows employers to bring temporary workers to the United States to fill a job opening for a specified time period up to one continuous year. The employment must be a one-time need based opening due to a labor shortage in the United States, or be fulfilling a temporary or cyclical need. H-3 Professional Training Visa Companies that have training programs to educate individuals in a specific industry are able to sponsor foreign participants by obtaining the H-3 Visa. L-1 Multinational Corporation Employee Multinational companies with multiple locations in the United States and abroad may sponsor foreign employees to join a U.S. branch by obtaining the L-1 Visa. TN Visas The TN Visa allows employers to bring temporary qualified Mexican and Canadian professionals under the North American Free Trade Act (NAFTA). J Visa Trainees Occasionally individuals may come to the U.S. under an approved exchange program for the purpose of business training, teaching, providing research, or even serving as camp counselors and au pairs. O-1 Extraordinary Ability Work Visa Businesses may hire foreign employees with “extraordinary ability in the sciences, arts, education, business, or athletics” to come work temporarily in the United States. E-1/E-2 Treaty Traders and Investors Certain countries have treaties with the U.S. regarding trade and/or investment that allow such individuals and their employees to receive visas to engage in business in the U.S. Permanent Employment VisasPermanent immigration in the US comes with a variety of rights and privileges. One of the most widely used methods to obtain permanent immigration is through employment. Employment-based immigration for permanent visas is divided into the following five preference categories: EB-1 Visa Foreign Nationals of extraordinary ability, outstanding professors and researchers, and multinational executives and managers eligible for permanent residence without having to obtain a labor certification. EB-2 Visa Workers with advanced degrees or exceptional ability that have a job offer and an approved labor certification. EB-3 Visa Skilled workers and professionals that have a job offer and approved labor certification. EB-4 Visa Special immigrants, such as ministers and other religious workers, eligible for permanent residence. EB-5 Visa Investors who either invest at least $500,000 in “targeted employment areas” (rural areas or those experiencing high unemployment) or those who invest $1,000,000 anywhere else. Immigration ComplianceDue to our knowledge and focus on all matters of employment and immigration, our firm works in tandem with human resource professionals, executive and managerial teams to develop and implement best practices to achieve the highest level of immigration compliance. The Firm’s compliance-related services include: I-9 and E-Verify training; internal audits, policy drafting, representation before immigration authorities in enforcement actions, and regular immigration advice on an on-going basis as needed. We use our skills to help employers: - Fulfill statutory requirements for sponsoring foreign workers.
- Understand their obligations regarding verification procedures, including work with E-Verify and IMAGE programs.
- Defend employers in government investigations by the U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), Department of Justice (DOJ), and other governmental agencies.
- Prepare for and handle any issues regarding ICE audits, I-9 compliance or other concerns.
|