Business Immigration
The most valuable asset of any company is its employees. In today's competitive global economy, multinational and domestic businesses must have the ability to hire and transfer foreign executives, managers, specialists, and other professionals quickly and efficiently. As part of our international practice capabilities, McDermott Will & Emery LLP provides experienced and effective business immigration counseling to our multinational and domestic corporate clients.
A recent series of major changes in U.S. immigration law has created both new opportunities and new obstacles for companies utilizing foreign talent in the United States.
Corporate Transactions with Immigration Consequences
Many corporate transactions can have significant immigration consequences. They include the following:
- hiring foreign nationals to work in the United States
- transferring foreign nationals to the United States from overseas operations
- acquiring a company in another country
- a merger of two companies where one has operations outside the United States
- corporate divestitures involving foreign operations or foreign national employees in the United States
- joint ventures between U.S. and foreign companies
- start‑up operations (or research and development efforts) by a foreign company in the United States
- major U.S. marketing efforts
- expanding business activities into other countries
Business Immigration Services
McDermott Will & Emery LLP's immigration practice emphasizes the efficient and flexible handling of immigration matters while working cooperatively with our clients' human resources and corporate legal staff. Under the supervision of partners Joan-Elisse Carpentier and David J. Levine, our immigration team is able to handle routine cases on an efficient basis. We also have had remarkable success in handling complex and unusual cases throughout the United States.
We provide immigration advice to business clients in a variety of industries. Here is a sampling of the organizations we serve:
- advertising agencies
- airlines
- auto manufacturers and suppliers
- churches and other religious
- computer and high‑technology companies
- educational and financial institutions
- hospitals and other health care facilities
- hotels and resorts
- insurance firms
- international and multinational companies
- medical suppliers
- oil and petrochemicals
- pharmaceutical companies
- physical/occupational therapy groups
- publishers
- radio and television broadcasters
- real estate developers
- recruiters
- textile manufacturers
Our immigration practice also offers immediate access to the firm's more than 1,050 other attorneys when related tax, labor, corporate, legislative, or litigation services are required. The immigration practice serves clients throughout the world, calling regularly upon the resources of our domestic and foreign associated offices.
Business Visas
We routinely process visas that allow foreign nationals to enter the United States temporarily for a variety of business‑related activities. These individuals include:
- business visitors
- intracompany transferees
- health worker professionals, such as foreign medical graduates and registered nurses
- other professionals
- Canadians and Mexicans covered by NAFTA
- treaty traders/treaty investors
- exchange visitors and foreign students
- religious workers
- artists and entertainers
We also process permanent visas based upon job skills or family ties. We have an active labor certification practice, including certifications leading to permanent residence and temporary certification now required for temporary professionals. In addition, we have enjoyed sustained success in preparing petitions based on various types of pre-certification, which eliminate the need to advertise a job opening and "test" the U.S. labor market.
Consular Practice
Our immigration practice group handles business visa matters at United States consulates and embassies around the world. The experience of McDermott Will & Emery LLP's lawyers and our domestic and international offices and communications enable us to advocate effectively before consular officers as they exercise their broad discretion.
Special Corporate Programs
McDermott Will & Emery LLP can save corporate clients time and money by instituting special corporate programs that facilitate the transfer of international personnel to the United States. We assist corporations in requesting blanket approvals for intracompany transferees, treaty visas, and training programs. With blanket programs, companies can move key management personnel internationally in a matter of days, instead of the months formerly required for the preparation and approval of individual visa petitions.
Employment Verification and Discrimination
The Immigration Reform and Control Act of 1986 (IRCA) requires that all U.S. employers verify work authorization of all employees. IRCA affects every employer in the United States, regardless of whether that employer hires foreign nationals. IRCA also contains anti‑discrimination provisions, complaint procedures, and sanctions. Failure to comply with IRCA can result in civil and criminal sanctions for the employing company and its officers.
We assist companies in developing IRCA compliance programs to reduce the risk of liability. McDermott Will & Emery LLP also advises companies on how to respond to IRCA audit requests.
Regulation and Legislation
McDermott Will & Emery LLP's Washington, D.C., office is ideally suited for legislative and regulatory representation on immigration matters. We represent the view of individual corporate clients and industry groups on business immigration regulations proposed by the Citizenship & Immigration Services, the Department of Labor and the Department of State.
Reverse Immigration
McDermott Will & Emery LLP assists executives and managers in obtaining temporary visas for business or employment in other countries. We assist U.S.‑based companies in applying for the appropriate visa through the foreign government's embassy or consulates. When needed, we coordinate with foreign counsel in the country of intended employment.
Naturalization and Citizenship
Naturalization and citizenship matters arise frequently for clients who have obtained permanent residence. Our lawyers advise and assist clients on all aspects of applying for and retaining U.S. citizenship.
Contacts
- Joan-Elisse Carpentier
+1 212 547 5544
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