The field of corporate or business immigration is vast. It is filled with opportunities and fraught with traps.
We have successfully dealt with every part of the non-immigrant business visa “alphabet” ranging from E to TN, but most of our corporate immigration work focuses on physicians (J1 visa waiver and related residence categories), specialized occupation professionals in the H1-B visa category (or E-3 visa equivalent for Australian nationals) and intracompany transfers (L-1 visa).
We take great pride in setting up our clients’ non-immigrant visa strategies for successful transition to residence. Having options is key in life. Guiding clients through the Department of Labor PERM certification process (required for standard EB-2 and EB-3 cases) is a significant part of our practice.
Our immigration services focus on providing clients with practical eligibility assessments, clear instructions for deliverables and reasonable timelines. Few corporations have dedicated immigration HR staff, but as your immigration counsel we fill this role and make the process as seamless as possible.
Many of our clients tell us that we do an outstanding job in every professional visa category, however, if we had to single out a few non-immigrant visa classifications where we rise head and shoulders above the competition it would be the H1-B and L1 visa categories.
At the risk of bragging, we must say that there isn’t an H1B issue we’ve not seen and resolved (if resolution was possible). It’s true. We’ve handled many H1B visa petitions (no, not in an assembly-line style) and also advised clients on complex H1B issues involving M&As, transfers, AC21, extensions, and CAP exempt qualification. We maintain close connections with various industry experts, educational equivalency evaluators and consultants and integrate their work product when needed to explain our case. We have lots of tools at our disposal and we don’t give up.
Immigration General Counsel has substantial experience handling the J1 waiver for physicians, aka international medical graduates. We know this industry and the relevant immigration law like the back of our hand. We have dealt with nearly all Interested Government Agencies (IGA) and we feel at ease with the array of waivers available including Conrad 30, DHHS, Appalachian Regional Commission, Delta Regional Authority and VA. When appropriate, we utilize hardship waivers as another tool to efficiently achieve our clients’ goals.
This is a highly coveted business immigration category limited to a select group of professionals who hold managerial, executive or specialized positions in multinational corporations. In many cases, having the “correct” job for the “right” employer is all it takes. We do a great job handling such L1 visa cases. But that’s not where we shine. We excel in handling the “challenging” L1 cases. For example, where the employer is too small, industry disfavored by the USCIS or the job category is challenging.
We strongly believe L1 visas were intended both for the mega-global companies and for new office/start-ups. With a proper strategy and careful execution, new office L1 cases create tremendous opportunities for start-ups, bring innovation to the US and connect us with brave entrepreneurs. We excel in new office L1 visas.
Certain types of professionals are eligible for TN, O, P and R visas. Specifically, Mexican and Canadian nationals in qualifying professions are eligible for the NAFTA Professional (TN) visa. Individuals of extraordinary ability in the sciences, arts, education, business, athletics or motion picture industry can qualify for an O1 visa. Athletes or performers may qualify for a P visa. And religious workers whose lives are dedicated to religious practices and functions can qualify for the R1 visa. We have significant experience and expertise in providing immigration legal counsel so that these workers are able to obtain a visa to work in the US. We excel in providing effective immigration counsel to clients with complex cases or lengthy and complicated immigration histories.
U.S. employers have to be consistently compliant with the requirements stated in the Labor Condition Application (“LCA”) with regards to maintenance of records such as Public Access Files. USCIS can conduct unannounced site visits to check these records or request a complete audit of the relevant files. Failure to comply can result in substantial fines for employers.
Employers also have an obligation to verify eligibility for employment for each employee by completing and maintaining an accurate I-9 Form. Though only three pages long, our experience with Form I-9 shows that a typical large employer has a 10-15% error rate. This error rate goes up to 50% or more for smaller employers. As a matter of course, we train each of our clients on Form I-9 completion. And we offer periodic internal audits to ensure compliance with all regulations. Employers found in violation of Form I-9 can face severe financial penalties.
More than just your immigration counsel, we also act as your dedicated advisor, and are committed to guiding you through every part of the complicated business immigration system.