Immigration assistance is a key supplemental service offered to complement all other legal services provided by Hinshaw attorneys, enhancing the firm’s ability to provide a full range of services to our corporate and other clients throughout the United States and abroad. We provide sophisticated employment-based and family immigration services.
Counseling and Training
A company’s ability to function depends largely upon its ability to attract and retain the services of qualified employees. We work with employers to obtain employment authorization for critical foreign-born employees, whether the employees are skilled laborers or professionals with (post-) graduate degrees.
- Professional Workers: We pursue the H-1B visa classification for workers in specialty occupations including, among many others, computer programmers/analysts, doctors, engineers, physical therapists, social workers and teachers.
- Skilled Workers and Laborers: We obtain H-2B nonimmigrant status for temporary/seasonal workers (landscaping and other industries).
- International Transferees: We obtain the L-1 visa classification for our many international corporate clients needing to transfer managerial and specialized employees from abroad to work within the U.S.
- Religious Workers: We work with U.S. Embassies and Consulates in foreign countries to obtain temporary visas for employees of our many clients in the religious sector.
- Other Workers: We obtain less common visa classifications for workers where appropriate (e.g., E (treaty traders and investors), H-3 (Trainees); J-1 (International Exchange Visitors), TN (Canadian and Mexican professionals), B-1 (business visitors), O (extraordinary professionals), P (performers, athletes), etc.).
- Exporting Workers to Other Countries: We assist clients in obtaining foreign visas for “outbound” workers being transferred abroad from U.S. offices.
- Permanent Residency
Since all temporary work classifications are, by nature, limited in duration, many employers desire to pursue immigrant visas (permanent residency) for their foreign-born workers. This is a fairly complicated procedure and can take two to five or more years from initial filing to approval. Lengthy delays presently affect aliens born in certain countries such as China, India, Mexico and the Philippines, or who accept employment in certain job classifications. We routinely handle labor certification applications, immigrant petitions and applications to adjust the status of foreign-born workers and their families from nonimmigrant to immigrant.
We regularly handle applications for foreign-born individuals with the business need for, or personal interest in, obtaining U.S. citizenship.
In addition to obtaining visas and permanent residency, many other immigration-related issues arise in the corporate business and employment settings. Our Immigration group advises corporate clients on a day-to-day basis on all immigration-related topics, including, among numerous others:
Due Diligence Support in Mergers and Acquisitions
- Form I-9 (employment authorization verification) procedures
- Internal audits
- Responding to and preparing for audits and investigations by the U.S. Department of Labor and the U.S. Department of Homeland Security, including the U.S. Citizenship & Immigration Services (USCIS) and the U.S. Immigration and Customs Enforcement (ICE)
- Responding to inquiries from the Social Security Administration (commonly referred to as “no-match letters”
- Avoiding, addressing and defending charges of discrimination based on national origin
- Providing specialized training seminars to clients and other groups on a variety of immigration-related issues
Immigration is an important but often overlooked aspect of merger and acquisition transactions. Indeed, upon a corporate change in control, immigration cases are sometimes overlooked, delayed or invalidated. We review documentation and advise clients and attorneys regarding immigration issues during the due diligence phase to help avoid unanticipated negative consequences for the involved companies and their key foreign-born workers.
Our broad range of family-based immigration services include:
- Fiancé visas to allow prospective brides or grooms to temporarily enter this country to marry U.S. citizens
- Permanent residency applications for foreign-born spouses and their children
- Citizenship applications