Practice/Industry Group Overview
Our Immigration team represents employers and individuals with immigration sponsorship matters and regularly advises employers on a full range of issues relating to compliance with immigration laws.
Our Immigration attorneys have successfully represented clients in employment-based sponsorship cases in healthcare, information technology, education, engineering, telecommunications, research, defense and other industries. We assist clients with employment-related sponsorship, which is generally divided into two categories: temporary/non-immigrant, which permits a foreign national to work in the U.S. for a specified period of time, and immigrant/permanent residence matters, which permit a foreign national to stay and work in the U.S. indefinitely.
Our Immigration attorneys have assisted clients in obtaining visas for:
- B-1, business visitors, including B visas in lieu of H visas
- H-1B, H-1B1 and E-3, professional workers
- E investors and traders
- L-1, intra-company transferees
- TN, NAFTA professional workers
- O-1, extraordinary ability personnel
- J-1 waivers for physicians in the Conrad 30 program
Our Immigration attorneys have worked with clients to obtain permanent residence on the following bases:
- Labor Certification
- National Interest Waiver
- Multi-national Executive or Manager
- Extraordinary Ability/Outstanding Research
Employer Compliance with U.S. Immigration Laws
We focus on providing services in the areas of I-9 compliance, managing immigration issues in the normal course of business, and in the context of mergers and acquisitions.
We assist employers in the construction, retail, service and manufacturing industries to comply with a wide spectrum of laws and regulations. Since November 7, 1986, federal law has required that all U.S. employers verify that every newly hired employee is eligible for employment by the completion and retention of Form I-9. Employment eligibility verification has become more complicated in recent years due to the availability of additional verification tools, shifts in federal enforcement efforts and a growing patchwork of state and local immigration laws.
Specifically, we assist employers by identifying relevant legal requirements; reviewing and advising on corporate compliance programs to satisfy those requirements; and assisting with periodic, internal I-9 audits and training. In addition, we work closely with employers to implement and manage use of the government's E-Verify system.
Our Immigration attorneys work closely with firm attorneys who focus on Labor & Employment law in order to provide compliance solutions that are consistent with other aspects of the law. Furthermore, we work in conjunction with firm attorneys in our Government Compliance, Investigations & Litigation team and are able to represent employers with serious civil or criminal immigration compliance matters.
Immigration Issue Management
Employers that have sponsored foreign nationals for non-immigrant work visas or for employment-based permanent residence are subject to additional regulations and record-keeping requirements. Employers that sponsor foreign nationals must take immigration-related considerations into account when recruiting, conducting promotion/compensation reviews, or making decisions regarding terminations or layoffs. Our attorneys have extensive experience in advising employers on how to effectively manage these issues.
Mergers & Acquisitions
Immigration rules must also be considered whenever an employer is considering a merger or acquisition transaction. All parties to such a transaction should conduct adequate due diligence regarding I-9 compliance. Also, in some cases, sponsored foreign nationals may fill key roles within a target company, and the continuation of work authorization and possibly any efforts to continue permanent residence cases may be in play. Our attorneys advise employers on these types of immigration issues in the context of mergers and acquisitions and can help maximize the benefits of a prior employer’s sponsorship efforts, while minimizing legal and financial liabilities.
We believe that advance planning is critical to successful outcomes in immigration sponsorship and avoiding problems with compliance matters. Consequently, our Immigration attorneys routinely counsel clients on the long-range effects of today’s immigration-related decisions and help develop practical strategies. Working closely with firm attorneys in other specialized practice areas, we deliver comprehensive counsel and service to employers and individuals with immigration sponsorship matters and with issues relating to employer compliance with U.S. immigration laws.