Business Immigration

Immigration for Professionals

Foreign professionals who want to come to work in the United States require employment visas. Depending on the type of employment opportunity and their qualifications, such professionals may be eligible for one or more employment-based visas. Our experienced employment immigration attorneys understand the complexities of the visa application process and can help guide you through it. Among other options, our attorneys specialize in obtaining the following Employment Visas:

• H-1B Visas: For Professional Coming to the U.S.
• H-2 Visas: For Seasonal Workers
• O Visas: For Persons of Extraordinary Abilities
• P-Visas: For Performers and Athletes
• TN Visa: NAFTA Treaty Visas for Professionals from Mexico and Canada
• L Visa: For Intra-Company Transfer of Employees to a U.S. Office

We work with employees and employers to prepare and submit applications for employment visas. We also successfully guide students and recent graduates in the transition from F-1 & J-1 student status to an appropriate employment visa while waiting for a decision on an H-1B visa application. Additionally, we advise clients on whether a B-2 visitor visa is sufficient for their short-term travel to the U.S.

Employment Based Green Cards

The immigration process of permanent workers seeking a green card is complex, time-consuming, and costly. Mistakes are commonplace and could be detrimental to your immigration objectives. Our attorneys assist corporate and individual clients in obtaining their green cards based on employment. Our dedication to creatively finding immigration solutions is what sets us apart from other immigration practitioners. We help organizations of all types and sizes with the entire range of employment-based immigration solutions, including but not limited to:

• The First-Preference (EB-1) Visa: For Individuals of Extraordinary Ability
• The Third-Preference (EB-3) Visa: For Skilled Workers, Professionals, or Other Workers

The EB-2 and EB-3 categories are subject to the complex PERM Labor Certification Process. In a nutshell, the PERM process requires the employer to first test the labor market through a series of good-faith recruitment efforts. You must demonstrate that there are not sufficient able, qualified, and willing U.S. workers for the occupation in your intended area of employment and that employment of a foreign worker will not adversely affect wages and conditions of comparable U.S. workers.

We help employers navigate the PERM Process, with the goal of obtaining a labor certification as quickly as possible while minimizing exposure to all the potential risks. It is important to work with an experienced attorney to discuss your options before engaging in this process. If your company is willing to concurrently sponsor 10+ foreign national workers for employment visas (e.g. H or L) or residency via PERM Labor Certification, we would provide your company with a competitive fee quote. We have the experience necessary to assist your organization with multiple cases and comprehensive immigration solutions to help you manage your global workforce.

Immigration for Entrepreneurs and Investors

We have worked with foreign-based start-up founders who want to open and establish offices in the United States. We help companies devise strategies to keep their founders, investors, and employees in the U.S.
Entrepreneurs face unique immigration challenges that require creativity, agility, and innovative solutions. Our attorneys and immigration professionals rise to these challenges every day; we have successfully assisted entrepreneurs in planning and facilitating the inbound immigration of a company’s shareholders, executives, and key employees to the United States.

U.S. Immigration law supports investors and foreign commerce in a variety of ways. Below are a few visas that may be of interest to you if you are an entrepreneur who wants to invest and/or establish a presence in the U.S.

We are a full-service immigration firm that can help with all of your immigration issues. Here are some examples of issues that we can help you address:

E-2

The E-2 visa is the most popular visa for entrepreneurs because it does not require an investment of a minimum amount. The E-2 visa is available to treaty investors, i.e., investors from a country with which the United States maintains a treaty of commerce and navigation. A list of countries eligible for the E-2 visa is available here. We can advise you on setting up the right type of business and corporate structure to obtain an E-2 visa. We have the know-how to navigate any difficulties that may arise to prevent you from becoming a treaty investor.

EB-5 Green Card

The EB-5 immigrant investor visa category is designed to attract foreign capital to the U.S. and, in the process, create jobs for American workers. EB-5 visas are reserved for immigrants who have invested, or who are in the process of investing, at least $500,000 in a new commercial enterprise that employs at least 10 full-time U.S. workers.

Under this category, an investor may also choose to invest in a regional center. Regional centers are projects that have already been approved by the U.S. government as potentially qualifying for EB-5 investment.
A full list of current regional centers can be found here. We can help you to navigate the potential pitfalls of the EB-5 process and to obtain green cards for you and your immediate family members to accompany you to the U.S.

Litigation for Business Immigration

We are experienced immigration litigators. Having collectively prosecuted more than three hundred immigration cases, we have extensive litigation experience in the Immigration Courts and before the Board of Immigration Appeals. In addition, we provide immigration-related representation in the United States District Courts, especially before the Southern and Eastern Districts of New York and the United States Court of Appeals for the 2nd Circuit.

Filing a lawsuit can be a powerful tool to prompt U.S. Citizenship and Immigration Services (USCIS) to issue an approval notice or to obtain a finding that USCIS wrongly rejected and/or adjudicated an application. We can also apply for administrative remedies to reverse rejections by USCIS. If warranted, we would also seek judicial review to overcome a final but erroneous denial of your immigration application.