Immigration and Naturalization
Our Client Base
We represent employers and individuals in all types of visa applications and other immigration matters ranging from temporary business visas to permanent resident status (“green card”) applications.
Our clients include international businesses of all sizes that wish to relocate executives or other employees to their US operations or hire foreign nationals, as well as individual applicants, such as investors, scientists, scholars, artists, athletes or other persons with the required extraordinary abilities, and individuals seeking immigration benefits based on family relationships with US citizens, green card or other visa holders.
We have advised and represented clients from Argentina, Australia, Austria, Brazil, Canada, Denmark, France, Germany, Holland, Israel, Italy, Mexico, the UK, Ukraine, Russia, Uruguay, and Switzerland.
Visa Categories & Tax Considerations
Many immigration roads lead to the United States, and selecting the appropriate and most promising visa application requires a careful study of each individual case. This may include, among other things, a review of the applicant’s educational background, professional résumé, current, prospective or desired employment, family relationships and other factors that may prove to be relevant.
In particular, when appropriate, we cooperate with clients' tax advisors (or offer to make introductions to our own network) to assure that a client's desired immigration status best suits his or her tax objectives, including by avoiding, as much as possible, dual taxation or other adverse tax consequences that may result from a certain immigration status.
Without limitation, we regularly handle visa applications in the following categories:
Temporary business visitor to conduct activities of a commercial or professional nature. For example, to consult with business associates, negotiate a contract, or attend a business conference
Intra-company transfer and temporary employment of employees in managerial or executive positions or with specialized knowledge; this is often the visa category of choice for international companies that want to bring executives or professional with certain expertise to work in the US
Temporary employment of foreign workers in specialty occupations; this is a visa category for well trained professionals who will work for a US employer in their field of expertise
Treaty traders and qualified employees; a visa for entrepreneurs who trade between their home country and the US
Treaty investors and qualified employees; a visa for entrepreneurs who will invest in and run a business in the US
Certain "specialty occupation" professionals from Australia; a visa category for well trained professionals who will work for a US employer in their field of expertise
Temporary employment of individuals with extraordinary ability in the sciences, arts, education, business, athletics, or of individuals with a demonstrated record of extraordinary achievement in the motion picture or television industry.
Permanent residency ("green card") of certain preferred types of immigrants including, for example, the following sub-categories:
individuals with extraordinary ability in the sciences, arts, education, business, or athletics, for outstanding professors or researchers; and for multinational executives and managers
professionals with advanced degrees or persons with exceptional ability in the arts, sciences, or business; some of these professionals may qualify for a so-called "national interest waiver," which allows for a visa petition without a labor certification process
professionals with at least a bachelor's degree and certain skilled workers; for this visa category a labor certification process is required
business investors investing at least $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time US workers
We also represent clients in family-based immigration applications, such as for spouses, children and other relatives of US citizens, permanent residents and other visa holders.
Where required, we also guide employers and employees through the process to secure the necessary labor certification from the US Department of Labor, the so called "Program Electronic Review Management" process (PERM). Labor certification is a process of proving that there are no qualified US workers for the position being offered.
Compliance with Immigration Laws
In addition to handling all types of visa applications and related filings, we closely follow the ever-changing environment of applicable US immigration and labor laws and provide consulting in the field of ongoing legal compliance when hiring US nationals and foreigners as employees (I-9 compliance).
We not only have a thorough understanding of the US immigration and labor laws; we also are multi-lingual and are very familiar with various foreign educational and professional credentials. We read and understand documents in a variety of languages. This helps us in expediting the process of assembling and submitting the required application packages and in making the best possible case to the US immigration authorities.