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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:

The Team

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May 31

Albuquerque, NM
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2018 New Mexico Labor & Employment Law Conference

May 31, 2018 - 8:30 AM to 6:00 PM
30 Rainbow Road NE - Albuquerque, NM
Credits: CLE - 3.5 (pending), HRCI - 3.5 (pending), SHRM - 3.5 (pending)
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May 22

Global Immigration in the Trump Era: a U.S. Perspective

May 22, 2018 - 12:00 PM to 1:00 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending

Archived

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Immigration in the Crosshairs: Heightened I-9 Enforcement and Visa Challenges for Hospitality Employers

March 1, 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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Archived

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Immigration Year-In-Review

December 13, 2017 - 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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April 4, 2018

Retail Industry Workplace Law Update – Spring 2018

April 4, 2018

When ICE Knocks Immigration and Customs Enforcement, or ICE, is responsible for enforcement of laws related to unlawful employment of workers, and the agency’s increased enforcement activities should have retailers reviewing their plans. Read full article… Washington Ban-the-Box Law Limits Criminal Background Inquiries Retailers... Read More

February 7, 2018

Déjà Vu: Implications of a Government Shutdown on Federal Contractors

February 7, 2018

For the second time in a month, for lack of agreement on funding the government long-term, we face the specter of a government shutdown. The government shutdown that began on January 20, 2018, lasted three days. Congress ended that shutdown after voting on a stopgap measure to fund the government until February 8, 2018. As that date... Read More

January 25, 2018

Supreme Court Birthright-Citizenship Decision Not Retroactive, State Department Clarifies

January 25, 2018

The U.S. Supreme Court ruling that a federal citizenship statute setting different residency requirements for U.S. citizen fathers and mothers violates the Equal Protection Clause will apply only to individuals born on or after June 12, 2017, according to the updated Foreign Affairs Manual (FAM). It therefore would appear that an... Read More

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March 28, 2018
Wolters Kluwer Employment Law Daily

Michael Neifach and Amy Peck Discuss the 2018 Immigration Forecast

March 28, 2018

Michael Neifach and Amy Peck comment on what may be in store for immigration, particularly border security and attempts to cut the flow of migrants in "2018 Forecast: What will the High Court, federal agencies, and lawmakers be up to?" published by Employment Law Daily. Subscription may be required to view article Read More

March 20, 2018
SHRM

Michael Neifach Comments on E-Verify and Related Services to Be Temporarily Suspended

March 20, 2018

Michael Neifach comments on the federal government's electronic employment verification system becoming temporarily unavailable due to system upgrades in "E-Verify to Go Dark This Weekend," published by SHRM. Read More

February 28, 2018
SHRM

Brian Shyr Authors "ICE Sweeps California and Increases Enforcement Nationwide"

February 28, 2018

Brian Shyr authors "ICE Sweeps California and Increases Enforcement Nationwide," published by SHRM. Subscription may be required to view article Read More

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USCIS Releases Improvements to E-Verify System
April 23, 2018

After gathering feedback and extensive testing, USCIS has unveiled an updated and modernized E-Verify system to improve the user experience, efficiency, and reduce errors. Read More

USCIS Introduces Onsite Training Restriction on Staffing Agencies Hiring OPT STEM Students
April 23, 2018

The 2016 STEM regulations made it more difficult for staffing agencies and consulting companies to sponsor graduating F-1 OPT employees for the two-year STEM OPT extension. Read More

U.S. Supreme Court: Immigration Act Unconstitutionally Vague on Removal for Aggravated Felony
April 17, 2018

The Immigration and Nationality Act provides that any alien convicted of an “aggravated felony” after entering the United States is subject to deportation. The Supreme Court has decided, 5-4, that the statute’s defining an aggravated felony as “a crime of violence” is unconstitutionally vague. Sessions v. Dimaya, No. 15–1498 (Apr. Read More