As an employer, the Immigration Management Services Group of Ulmer & Berne LLP is focused on providing employers cost-effective and time sensitive counsel relating to integrated solutions for immigration and employment problems. Our core philosophy is to provide management services for all immigration matters. Rather than see each issue as a separate problem with a finite end, we counsel and assist employers in tracking petitions and applications through government agencies, counsel employers as to future cost-effective strategies, and provide corporate and HR planning for future immigration needs.
We guide employers in obtaining employment-related visas and visa status as required to recruit and retain foreign nationals. In the case of multinational employers we assist in the transfer of key employees between the United States and affiliated employers in other countries. By focusing on integrated employment solutions, we help employers effectively address the special compensation and travel issues that may apply to foreign workers, and also counsel employers on complying with immigration law requirements for hiring, and restrictions on termination or layoffs.
In our visa practice, we routinely file and manage applications and petitions for obtaining nonimmigrant employment-related visas – the H-1B, L-1 and TN – and visa status in the key immigrant employment-related first through third preference categories. We have repeatedly attained highly specialized immigration visa and visa-related objectives for our clients, including H-1B status founded on experience in lieu of education, National Interest Waivers, H-2B status for specialty occupations, and overcoming consular obstacles to permanent residency.
The Firm specializes in representing employers and foreign-born individuals seeking employment in the United States through the following visas:
- Specialty occupation and training program visas (H-1B, H-3 and TN visas)
- Visas for the transfer of key employees from overseas affiliates (L-1 visas)
- Visas for short-term employment of positions for which specialty college degrees are not a prerequisite (H-2B visas)
- Trader and investor visas (E-1 and E-2 visas)
- Individuals of extraordinary ability (O-1 visas)
- Performing artists, athletes and cultural entertainers (P visas)
- Business and tourist visas (B-1 and B-2 visas)
- Students and exchange visitors (F-1 and J-1 visas)
We also guide employers and their foreign employees and applicants through every facet of visa processing at overseas consulates, U.S. ports of entry inspections, and the specialized taxation and compensation issues unique to employment of foreign nationals.
In the area of immigrant visas and naturalization, the Firm counsels individuals and employers in obtaining lawful permanent residency (the “green card”) and using permanent residency status as a foundation to become naturalized U.S. citizens, which may involve any of the following:
- Guiding the recruitment process required to obtain “labor certification.”
- Obtaining permanent residency status through the labor certification route, and through routes that do not require labor certification, such as national interest waivers, and the special processes for executives and managers transferred from overseas affiliates or individuals of extraordinary ability and outstanding professors and researchers.
- Obtaining lawful permanent resident status based on family relationships or the annual diversity visa lottery.
- Taking advantage of special opportunities for foreign investors.
The Immigration Management Services Group also assists employers in complying with the Form I-9 Employment Eligibility Verification system and other constraints imposed by the Immigration Reform and Control Act (IRCA), in such areas as hiring, termination of employment relationships, and corporate restructurings.
If the need arises, we represent clients in immigration disputes before the U.S. Citizenship & Immigration Services, the Department of Homeland Security and the Office of the Chief Administrative Hearing Officer.