LAC Blog

What to Look for When Selecting Outside Immigration Counsel

17:25 09 March in LAC Blog

Those who vet outside counsel look at a variety of factors in the selection process, such as competence, cost and reputation. Beyond this, companies want counsel that understands the needs specific to their industry, will be proactive, and will act as a trusted partner with the best interests of the company in mind. Below are tips on how to assess these factors specific to the field of immigration law. Expertise Substantive competence in the field is often assumed if an attorney is licensed and indicates they have a certain number of years of experience practicing in the field. While a starting point, we...

What types of OPT are available?

07:07 28 January in LAC Blog

Pre-completion: An F-1 student may be authorized to participate in pre-completion OPT after he or she has been enrolled for one full academic year. The pre-completion OPT must be directly related to the student’s major field of study. Students authorized to participate in pre-completion OPT must work part-time while school is in session. They may work full-time when school is not in session. Post-completion: An F-1 student may be authorized to participate in post-completion OPT upon completion of studies. The post-completion OPT must be directly related to the student’s major area of study and employment must be full-time.   Click here to schedule...

Too Many Cooks in the Kitchen? Tips to Successfully Manage the Corporate Immigration Process

08:07 02 October in LAC Blog

It is not uncommon for our clients to reach out to us and ask for guidance on how best to internally manage the immigration process for its foreign national employees. Some of our clients are just venturing down this path for the first time and others are struggling to manage the internal demands of a growing immigration need within their companies. As a result, we thought it might be helpful to provide some general guidance on the challenges and the best practices we see on daily basis from the interaction with our clients which range in size from small startups...

Nonimmigrant Visa Issues for Investors and Entrepreneurs from Mexico

03:39 05 September in LAC Blog

In the economic environment following what many have dubbed "The Great Recession", the discussion regarding the costs and benefits of immigration continues with great passion adn occasionally vitriol from both sides. In the arena of skilled professionals, the debate centers on whether an employer's ability to hire the best and the brightest, regardless of nationality, truly increases U.S. competitiveness globally. This conversation extends to whether increasing the opportunity for foreign entrepreneurs and investors furthers U.S. economic interests. Opponents of such open market hiring practices charge that the facilitation of immigration for highly-skilled individuals robs U.S. workers of jobs, depresses their...

Merger and Compliance Issues: How to Ensure Success Post-Filing

03:28 05 September in LAC Blog

If the downturn in the economy has taught us anything, it is that changes in the corporate landscape are inevitable. Corporate mergers and acquisitions are more prevalent now than in years past. Immigration practitioners need to understand the immigration consequences of such mergers and acquistions for our corporate clients and their foreign national employees. This practice pointer will address the complex issues that arise in connection with the Program Electronic Review Management (PERM) labor certification process when there is a corporate merger or acquisition. Timing is everything: Point of Analysis and Advice for the Different Stages of the PERM Filing Process When the...

It Ain’t Over till BALCA Sings: Carrying Your PERM Through the Final Act of Appellate Review

03:19 05 September in LAC Blog

Many immigration practitioners have been there - the day the certifying officer (CO) at the U.S. Department of Labor (DOL) thrusts an unexpected obstacle in the dramatic saga we've all come to know as Program Electronic Review Management (PERM). The CO has denied PERM application, and prospects for certification post-denial look grim. (1) The denial might be due to any variety of factors, such as typographical error on the ETA From 9089, the CO's misinterpretation of a given regulatory provision, or nothing more than DOL's adjudication trends based on evolving interpretations of the regulations. No matter the reason for the...

An L-1 Survival Kit – Tips and Strategies in Today’s Environment

02:54 05 September in LAC Blog

L-1B Adjudications: Wasn't the L-1 Created to Encourage Foreign Investment in the United States? The U.S. government continues to contradict itself when it comes to immigration and foreign investment in the United States. Although there are visa categories available to entrepreneurs, investors and their employees and the federal government is focusing on driving investment in the US to increase job creation; [1] there continues to be security delays, institutional fear of fraud and abuse as well as protectionist tendencies that make it increasingly difficult for foreign companies to operate in the United States. SelectUSA, a part of the U.S. Department of Commerce,...

Managing Intermittent Foreign Employees in the I-9 Context

03:21 06 August in LAC Blog

Author: Claudia Martorell    As business operations become more global in scope, it has become increasingly common for U.S. companies to sponsor foreign nationals for intermittent employment in the U.S.  Such assignments may occur in regular intervals or more sporadically, and may vary in duration from days, to weeks, to months.  Intermittent employees may be assigned to work off-site and may, depending on visa classification, be able to remain on a foreign payroll while working in the U.S.  The nature of intermittent employment can make it very difficult for the U.S. petitioner to keep track of individuals’ presence in the U.S.,...