Strategic Lawyering: Given the complexities with respect to business immigration, we are able to provide strategic and insightful advice to meet the objectives of both the corporate and individual client. This advice is provided, keeping in mind the ever changing situation in business immigration, such as retrogression in the employment-based visa numbers, H-1B caps as well as changes in agency policy. In addition to providing you with creative solutions, we will ensure that both the employer and individual client are in compliance with various statutory and regulatory provisions. We are also able to provide expert advice on situations arising under the American Competitiveness in the 21st Century Act (AC21), including extending H-1B stay beyond the 6th-year as well as offering advice on job flexibility or “portability” to those in H-1B status or with pending adjustment of status applications. Finally, we are able to develop successful strategies to respond to Requests for Evidence or to overcome denials through Motions to Reopen or Reconsider.
Labor Certification: We are able to represent a US employer and employee in filing a labor certification application in any part of the country. Labor certification is generally the first step towards permanent residency in employment-based immigration and the Firm has developed a high level of expertise in filing online PERM applications. We are also able to handle applications filed prior to the PERM rule on March 28, 2005, and provide advice on processing those applications in an optimal manner, including converting traditionally filed labor certifications into “Reduction in Recruitment” applications. When preparing and filing a labor certification, we will keep in mind the client's ultimate objective, which is obtaining lawful permanent residency in the most appropriate and efficient manner.
Avoiding Labor Certification: If feasible, we will find ways to avoid labor certification through filing Persons of Extraordinary Ability petitions, Outstanding Professor and Researcher petitions, National Interest Waivers and Multinational Manager/Executive petitions. We will carefully learn about your expertise and accomplishments and present your case in the best possible manner under these categories.
H-1B Visas: We have extensive experience in dealing with computer professionals and their unique problems. We also have the expertise to represent employers and individuals in a variety of other occupations, including emerging occupations. Our expertise also includes the ability to advise employers how on complying with their LCA obligations. Note that the H-1B option is also available to individuals who may possess a bachelor's degree or foreign equivalent, but rather work experience. The USCIS generally accepts three years of progressive work experience as a substitute for one year of education. In light of the H-1B cap, we will endeavor to find ways to demonstrate that the client is not subject to the H-1B cap or find alternative nonimmigrant visa solutions.
L-1A Visas: We can advise and represent established and start-up corporations in obtaining L-1A visas if they intend to transfer an executive/manager to a US branch, affiliate or subsidiary of a foreign organization.
L-1B Visas: We can also assist companies with strategizing on whether they can transfer specialized knowledge employees to the US, as well as advise on the advantages and disadvantages between an H-1B and L-1B visa.
Blanket L-1 Petition: We can develop a blanket L visa program that would permit managers, executives or specialized knowledge employees to be transferred from the foreign entity to the US entity without the need of filing an additional petition.
E Visas: Investors or traders of certain countries that have treaties with the US may apply for either an E-1 or E-2 visa.
O Visas: Individuals with extraordinary ability may be able to qualify for an O-1 visa. Artists, entertainers and other creative people can also take advantage of the O visa.
P Visas: If an individual or group is coming to the US to entertain or perform, we can represent such a group for either the P-1 or P-3 visa.
J-1 Visas: We can advise you on whether or not you are subject to the two-year home country requirement. If you are subject to the home country requirement, we can help you obtain a waiver. We have applied for waivers based on a no objection letter from the home country, a recommendation from an interested government agency, and extreme hardship to the US spouse or child.