At Phillips Lytle, we understand the need for customized solutions for short and long-term immigration strategies as they relate to issues across a variety of industries, including energy, engineering, healthcare, education, technology, manufacturing, professional sports and entertainment. Whether you’re a U.S. business looking to hire a foreign national, an individual seeking U.S. residency through investment or a U.S. citizen wishing to sponsor a relative—the immigration law team at Phillips Lytle can help you navigate this complex system, coordinate with government agencies and identify strategic and innovative immigration solutions to fit short and long-term needs. Because we recognize that there is no one-size-fits-all approach to immigration, we craft these solutions to account for the fact that our clients’ needs may change over time.
Our office is strategically located near multiple high-volume Ports of Entry on the U.S.-Canadian border which has allowed our immigration lawyers to build a certain level of rapport and familiarity with border officials and consular officers and tailor solutions to fit the unique aspects of each individual client’s application. Our depth of knowledge gained through our broad base of clients allows us to address the intricacies and variations of each immigration case, and execute strategies to meet the immigration needs of large corporations, small businesses, families and individuals. We also represent clients at the U.S. border and in both immigration court and federal court proceedings.
Phillips Lytle’s immigration law representation includes assistance with employment-based green cards, family-based green cards, employment-based nonimmigrant visas such as H-1Bs, L-1s, O-1s, E-1, E-2, E-3 and TNs (filed under the USMCA, previously NAFTA), I-9 guidance and internal audits, resolving border problems, and federal administrative court matters. Our clients also benefit from the firm’s additional resources for guidance on immigration-related tax, corporate and real estate implications.
We understand the complexities and stresses of the immigration process. This is why our immigration attorneys use our extensive experience and resources to provide our clients with comprehensive immigration representation. We use this experience and work as partners with our clients to listen to their needs and craft unique solutions to help them achieve their immigration objectives.
An immigration attorney has the necessary expertise required to navigate the often complicated immigration process. While not legally required, hiring an immigration attorney can help to ensure that filings are prepared properly the first time and avoid unwelcome surprises in the adjudication process. Having someone on your side with a thorough understanding of the laws, visas and waivers that affect the immigration process is crucial.
Phillips Lytle has extensive experience in immigration representation. From individual guidance on visas and family-based immigration, to highly valuable representation to businesses and corporations in need of immigration representation for executives, staff and other business operations, we handle the full gamut of business and family immigration matters.
U.S. citizenship accords full membership in the political state; it is legally distinct from lawful permanent residency and can only be granted to a foreign national after he or she has first obtained permanent residency and maintained that residence for a prescribed period. After maintaining permanent residency or a “green card” for a minimum of three years while married to a U.S. citizen — or for five years in all other cases — an individual may apply for naturalization to U.S. citizenship.
Naturalization typically takes between one and two years. The first step is to complete an application. This will involve collecting documents, waivers and other information required by U.S. Customs and Immigration Service (USCIS), such as fees and photographs.
USCIS will require you to be fingerprinted ahead of the next step, which is an interview. The naturalization interview includes a U.S. civics and English language test.
The final step of naturalization is the Oath of Allegiance ceremony. Upon completion of this ceremony, you will turn in your green card and officially become a naturalized U.S. citizen.
The process for hiring a foreign worker isn’t quick. You will need to make appropriate preparations if you are planning to hire a foreign national for a position at your company. Allowing for enough time to not only complete the interviewing process, but also the immigration process will be crucial.
One of the first things you will need to do is determine the type of nonimmigrant status for which the foreign national and the proffered U.S. role is eligible. Some categories that permit foreign nationals to work in the United States include H-1B, J-1, L-1 status, O-1, E-1, E-2 and TN status.
After determining the immigration status that will be needed and completing other steps involved in selecting a candidate, the application and immigration process will begin. This step can often take time to complete, so patience will be needed. This is when an experienced immigration attorney can play an important role. They can provide valuable assistance in offering advice on which visa category would be the best fit for you and your prospective hire, and filing the necessary paperwork with the corresponding immigration agency.
Once your applications have been filed and the immigration process is complete, your new hire may need to attend a visa interview at an embassy or consulate in their country of nationality or residence. Your new hire will then be ready to bring their skills and energy to your organization.
This depends on the needs of the company, as well as the skills and qualifications of the employee. Some visa categories require that an individual hold at least a bachelor’s degree or possess specialized knowledge that is critical to a company’s operations. Other categories require an examination of factors such as the employee’s tenure with the company abroad and whether company offices exist both abroad and in the U.S., whether the individual possesses extraordinary ability, or whether the individual has made a substantial investment in the U.S. economy. It is important to consult with an immigration lawyer to assess all of the relevant facts of a particular case to determine the best fit for both the company and the employee.
It is important to track upcoming status expiration dates to ensure that there is no lapse in your nonimmigrant status. In most cases, extensions of stay or changes of status must be filed with USCIS prior to one’s status expiration date. However, if your nonimmigrant status has expired while you are still in the U.S., you should make arrangements to timely depart the U.S. for your home country. Depending on the type of immigration status you held, you typically will have anywhere from 10 to 60 calendar days to depart the U.S. after your status has expired. During this period, you cannot work for a U.S. employer.
If you have been denied entry to the U.S., you should retain copies of any documentation issued to you by U.S. Customs and Border Protection (CBP) and consult with an immigration lawyer to discuss what occurred. An immigration lawyer will be able to review the facts and circumstances surrounding the denial and assess what options you may have to eventually re-enter the U.S. If you have been denied entry, you should not attempt to re-enter the U.S. until you have determined the correct course of action.
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