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Immigration

Effective immigration advocacy is essential to help employers access the best global talent and manage an increasingly diverse workforce.

Overview

Working in tandem with our labor and employment attorneys, our Immigration team provides comprehensive services to address clients’ needs quickly and effectively in both the compliance and immigration benefits areas. We provide innovative and cost-effective immigration guidance to employers, including identifying creative visa options and strategies for the global migration of critical staff and hiring of foreign workers.

Our attorneys have a particular appreciation for the urgency required in obtaining visas for needed international personnel and in minimizing bureaucratic delay. We train management on non-discrimination and I-9 (IRCA) employment eligibility verification best practices, defend employers in Department of Homeland Security (DHS) civil and criminal workplace investigations, provide assistance with regulatory compliance, and identify the implications of state and local immigration laws. Our Immigration Practice Group also has experience representing key executives involved with immigration detention and removal proceedings. The depth of talent and collaborative culture within the group allows us to anticipate clients' needs and develop creative, efficient solutions for today's evolving business environment.

Some of the services we provide include:

Non-Immigrant and Immigrant Visas

We assist employers in obtaining the visas and employment authorizations needed to transfer executives, managers, key personnel or new hires to the U.S. Our services include preparing and filing all types of non-immigrant and immigrant visa applications in virtually all visa categories. We pride ourselves on our ability to handle client issues quickly and efficiently, and we strive to provide innovative immigration solutions when standard immigration strategies are insufficient.

Assistance with Regulatory Compliance

Our attorneys provide regulatory compliance services to help clients navigate the various immigration-related regulations applicable to employers, particularly with respect to the requirements of Form I-9, Social Security No-Match Letters, the E-Verify system, and agency enforcement matters. Our services include assistance with I-9 compliance and employment eligibility verification training, I-9 corporate policy drafting, I-9 internal audits and compliance risk assessments, Social Security No-Match Letter guidance and policy drafting, counsel on the use of E-Verify, and representation in immigration investigations, civil I-9 audits and agency worksite enforcement actions. For more information, download our I-9 Compliance Services brochure.

Immigration Counsel for Corporate Transactions

We offer guidance on the immigration consequences of mergers, acquisitions, reductions-in-force and other corporate transactions, with the goal of reducing the risk of potential immigration-related liabilities.

Outbound Immigration and Consular Assistance

We coordinate the outbound transfers of U.S. employees to overseas worksites, often utilizing our strong and longstanding relationships with overseas law firms. We also partner with our International Employment Issues Practice Group on cross-border human resource issues, such as expatriate assignment policies and agreements, global human resource polices, global business ethics policies, totalization agreements and data privacy compliance.

We also offer onsite assistance at overseas U.S. Consulate or Embassy for U.S. employees traveling abroad or for foreign employees entering the U.S., specifically representing employees and other applicants with security issues or visa application complications.

Immigration Policy Advocacy

Our firm maintains a robust Washington D.C. presence to foster open channels with government agency decision-makers, and to provide clients with government affairs support on immigration policy, laws and regulations in Congress and the Executive Branch. We keep clients abreast of potential changes in immigration policy, regulations and laws, and also help clients to be proactive in advocating for positive changes and against proposals harmful to employers within the Legislative or Executive Branches.

Additional Information

Processing Times

USCIS Service Centers and the National Benefits Center process applications and petitions from the different jurisdictional regions of the U.S.:

  • California Service Center
  • Nebraska Service Center
  • Texas Service Center
  • Vermont Service Center
  • National Benefits Center in Missouri

Depending on the number of applications or petitions filed with a particular Service Center, the processing times of the different Service Centers may vary. The USCIS issues periodic processing time reports for each Service Center. Follow the link below to access the most recent processing time reports:

Helpful Links

U.S. Citizenship and Immigration Services (USCIS):

Department of Labor / Employment Issues:

Department of State / Consular Issues:

Miscellaneous / Research Sites:

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Technology Industry: What You Need to Know for the 2019 H-1B Lottery

January 31, 2019 - 2:00 PM to 3:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Archived

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Immigration: 2018 Year in Review and 2019 Forecast

January 29, 2019 - 1:30 PM to 2:30 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Archived

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ICE at Your Doorstep: The Rise in Worksite Raids and I-9 Audits

October 11, 2018 - 2:00 PM to 3:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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July 17, 2019

Mergers and Acquisitions and Compliance with Form I-9 Employment Eligibility Verification

July 17, 2019

A merger or acquisition in the works means not only needing to determine whether any acquired foreign nationals (including key employees) will be able to transfer seamlessly into the new entity, but also what to do about compliance with the Form I-9 Employment Eligibility Verification. For I-9 purposes, when an employer acquires new... Read More

July 10, 2019

2019: The Mid-Year Outlook for Employers

July 10, 2019

The first six months of 2019 have proven to be busy, challenging professionals in the labor and employment communities to keep up with a number of newly enacted laws and regulations. In the 2019: Mid-Year Outlook for Employers, Jackson Lewis attorneys provide a snapshot of activity from the first half of the year as well as a preview of... Read More

July 9, 2019

U.S. Supreme Court Roundup – 2018-2019

July 9, 2019

The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims. Class Actions, Arbitration The Court ruled in a 5-4 decision that class action arbitration is such a departure from ordinary,... Read More

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July 16, 2019
QSR

Amy Peck Discusses Common I-9 Mistakes in the Restaurant Industry

July 16, 2019

Amy Peck discusses common mistakes restaurants make on I-9 forms when hiring new employees in "Common I-9 Mistakes that Could Put Restaurants at Risk," published by QSR. Subscription may be required to view article Read More

June 10, 2019
SHRM

Sean Hanagan Comments on Implications of Fees Scheduled on DHS' Latest Regulatory Agenda

June 10, 2019

 Sean Hanagan comments the implications of the Department of Homeland Security planning to issue a rule regarding fees for the next year’s Cap H-1B pre-registration process in "DHS Still Plans to Rescind H-4 Work Authorization," published by SHRM. Subscription may be required to view article Read More

May 21, 2019
POLITICO

Michael Neifach Comments on Implications of President Trump's Expected Pick of Ken Cuccinelli for Top DHS Role

May 21, 2019

Michael Neifach comments on the implications of President Trump's expected appointment of Ken Cuccinelli to coordinate immigration policy in the Trump Administration in "Former Trump opponent Cuccinelli may land key immigration post," published by Politico. Subscription may be required to view article Read More

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Mergers and Acquisitions and Compliance with Form I-9 Employment Eligibility Verification
July 17, 2019

A merger or acquisition in the works means not only needing to determine whether any acquired foreign nationals (including key employees) will be able to transfer seamlessly into the new entity, but also what to do about compliance with the Form I-9 Employment Eligibility Verification.  Please read our full story here.… Read More

Significant Retrogression Because of Continuing High Demand for Visas, State Department Announces
July 17, 2019

The Department of State (DOS) has announced a significant retrogression from the July 2019 Visa Bulletin to the August 2019 Visa Bulletin of at least 3 years in many of the employment-based categories. Read More

Challenge to DHS Authority to Issue STEM OPT Extension Rule May Proceed, Court Rules
July 17, 2019

The plaintiffs may continue their challenge to the DHS’ authority to establish both STEM Optional Practical Training (OPT) and standard post-completion OPT, the District Court in Washington Alliance of Technology Workers v. DHS held on July 1, 2019. Read More

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May 22

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2018 H-1B Visa Season Recap

Talley Parker discusses the H-1B visa, one of the most highly sought-after visas sought by employers who want to hire foreign nationals via the H-1B visa program for employment for the upcoming fiscal year. The H-1B temporary work visa is common for those in specialty occupations, typically professional positions requiring at least a...

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