Our immigration practice is committed to working with employers to ensure that they are able to transfer, hire and retain foreign workers. The global economy offers unique challenges to both large and small employers, who need the right talent for the job. This may mean transferring your expert from Europe to the United States or transferring experienced managers or executives to the United States to open a new office. It may also mean that the individual who has the technical knowledge you need is from India or China.
Our lawyers have worked with U.S. Immigration offices throughout the United States as well as United States' Consulates and Embassies throughout the world. Our lawyers also advise employers with respect to their employment eligibility verification obligation under federal law (the I-9 process), which applies to all employers. We also help employers implement internal procedures to verify the employment eligibility of all employees and retain specific records to avoid audits or raids, that can result in substantial liability. At the same time, we help employers avoid claims of discrimination in hiring based upon national origin.
Immigration Services
Our attorneys help companies develop efficient organizational systems that facilitate the immigration process and alleviate the burden on their legal and human resources departments. We offer assistance with compliance programs and human resources department training, and we defend employers against enforcement actions. We provide immigration services in the following areas:
- Intra-company transfers (L-1A/L-1B visas) - for employers bringing employees from a related company abroad to establish U.S. operations or to perform ongoing executive, managerial or specialized services with a related U.S. entity.
- Professional workers (H-1B visas) - for employers seeking to hire university degreed or experienced professionals including engineers, computer professionals, and medical doctors.
- Traders and investors (E-1/E-2 visas) - for employers and individuals wishing to engage in international trade from the U.S. or invest in and manage a U.S. business.
- Extraordinary Ability Aliens (O-1 visas) - for employers seeking to employ foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics.
- Trainees (J-1/H-3 visas) - for employers wishing to bring foreign nationals to the U.S. for a period of up to 24 months to gain practical knowledge and training.
- NAFTA (B-1/TN visas) - for employers or professionals from Canada and Mexico seeking to access new immigration opportunities pursuant to the North American Free Trade Agreement.
- Temporary Workers (H-2A/H-2B visas) - for employers seeking to bring foreign nationals to fill a temporary or seasonal need.
- Labor certifications (and reduction in recruitment) - for employers that must "certify" the unavailability of U.S. workers in order to retain foreign national employees on an indefinite basis.
- Permanent residence (1st, 2nd, and 3rd preference categories) - for employers requiring the services of foreign personnel in the U.S. on an indefinite basis and for individuals desiring access to immigration options to facilitate the process of obtaining U.S. permanent residence.
- Priority workers - for employers seeking to retain individuals who are experts internationally acclaimed in their fields of endeavor on a permanent basis.
- Naturalization - for individuals desiring to obtain U.S. citizenship, including persons temporarily abroad who are concerned about preserving their future eligibility for citizenship.
- Employer compliance (I-9 procedures) - for U.S. employers required to comply with federal laws governing employment eligibility verification and record keeping, while ensuring they do not run afoul of anti-discrimination laws.
- Mergers and Acquisitions - for U.S. employers who need to address immigration issues in the context of mergers and acquisitions.
Effective Representation
Clients of Holland & Hart can count on professional guidance and skillful representation from attorneys who have experience practicing before the immigration-related divisions of the U.S. Department of Homeland Security (DHS), the U.S. Department of Labor (DOL) and state labor offices, and the U.S. Department of State (DOS).
It is our goal to help employers comply with the myriad of laws and regulations governing the employment relationship and to avoid costly and expensive litigation. When necessary, we are prepared to represent our clients in investigations and hearings before government agencies or to defend their interests in state and federal courts.
