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Immigration Hot Topics Under the New Administration: How to Plan for Business Needs [Daily Business Review]

Scott Bettridge, chair of Cozen O'Connor's Immigration practice, discusses hot topics under the new administration in the Daily Business Review.

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Cozen O’Connor's Immigration Policy and Strategy attorneys have significant experience providing a wide range of legal services to global and multinational employers and individuals seeking temporary and long-term immigration solutions. Our full-service immigration practice advises domestic and international corporations and businesses and their employees in seeking temporary visa options and permanent residence in the U.S. This multidisciplinary approach allows us to integrate our tax, labor and employment, corporate, finance/EB-5, and international attorneys in providing comprehensive, high-quality representation as we develop strategies applicable to all aspects of immigration and nationality law.

Our immigration attorneys have comprehensive knowledge to assist in handling large volume employment-based transactions as well as with acquiring temporary and permanent immigration status for key managers, executives, professionals, athletes, and entertainers. In addition, we represent numerous high net worth individuals seeking to obtain immigration status based on their investments in new or existing enterprises. We work with our clients to develop customized solutions that align with their business needs.

Cozen O’Connor provides comprehensive, innovative and cost-effective solutions to U.S. and multinational companies across a wide range of industries in all aspects of business immigration. We guide and advise companies’ in-house legal and HR departments on immigration processes, multinational mobility programs, training, drafting and implementing policies, procedures and best practices. These often include developing multi-national recruitment and retention programs, as well as related optimized mobility plans, including immigration due diligence on M&A, reorganization, and other corporate transactions.

Our immigration compliance practice assists clients in developing comprehensive strategies to facilitate global employee mobility and addresses all aspects of immigration compliance including Form I-9 and E-Verify. We provide global immigration program support and are continually involved in the development of immigration law and policy as we analyze and interpret the impact of immigration reform within the administration and its effects on our clients and the legal and business community as a whole. In addition, we also provide extensive solutions for family-based immigration issues, including petitions for relatives, naturalization, and other citizenship issues.

At all times our attorneys have a client-focused approach. Communication is our top priority and our attorneys and paralegals always remain accessible to our corporate and individual clients alike. We work to form a true business partnership and tailor our high-quality solutions to complement our clients’ unique business culture and vision. We are forward-thinking and proactive in handling client matters and work to minimize any burden to our clients. We never lose sight that immigration processes ultimately concern the career, family and life plans of individuals. Therefore, when it comes to client services we treat each client with individual care.

Our unique practice groups are populated by attorneys who are extremely knowledgeable in their respective fields. Our service areas include:

Corporate U.S. Immigration Representation

• Case preparation and legal analysis for the complete range of corporate immigration transactions:
  • Nonimmigrant Visas: H-1B, L-1, E-1, E-2, E-3, H-2B, H-3, I, J-1, O-1, P, TN, etc.
  • Permanent Residence: PERM labor certification (EB-2 and EB-3), extraordinary ability, multinational executives & managers, outstanding professors & researchers, national interest waivers (NIW), skilled workers, EB-5, etc.
• Post PR guidance: analysis on impact of international assignments including preservation of LPR status
• Corporate immigration policy and program management including reporting, performance metrics, industry benchmarking for best practices, etc.
• Due diligence advice on immigration aspects of corporate reorganizations, including M&A, spin-offs and RIFs

Family or Individual Based U.S. Immigration Representation

• Citizenship & naturalization, including derivative citizenship and expatriation
• Family sponsored permanent residence, including:
  • Immediate relatives and all family based preference categories
  • Marriage based including processing under post-DOMA issues

Business Traveler Visa Services and Passport Services

• Short term assignment planning and B-1 business visitor visa guidance
• Assess if business visa or work permit is required, preparation of visa application support letters, supporting document procurement, application filing, visa pick-up where possible
• U.S. passport applications, including initial applications, renewals, additional pages, amendments

U.S. Consular Services at U.S. Embassies and Consular Posts

• Assistance with issuance of U.S. visa stamps, scheduling visa appointments, requesting expedited processing and completion of DS forms
• Preparation and guidance for interviews and travel, processing requests for waiver of inadmissibility, and processing immediate relative petitions and fiancée applications
• Assistance with abandonment of LPR status, U.S. citizenship, and passport applications
• Liaison with posts to ensure compliance with local processes, procedures, and document requirements

Global Visa Services

Covering more than 160 countries, Cozen O’Connor attorneys manage global (non-U.S.) visa services, including:

• Work permits, study permits, business visitor entry and visitor status
• Temporary visas, temporary resident permits and extensions of temporary status
• Applications to overcome criminal or medical inadmissibility and immigration status for accompanying dependents
• Applications for citizenship and permanent resident status, including skilled worker, family class, employee sponsored and entrepreneur and investor applications

Form I-9 and Immigration Compliance Services

• Legal guidance and support during all phases of I-9 process including completion, signature, storage, maintenance and administration
• Confirmation of employment eligibility and SSN no-match consultations
• I-9/E-Verify consultation and implementation, policy review and electronic I-9 storage issues
• Assistance with 'historical' I-9 forms, including spotting error trends, facilitating corrections, and conducting internal audit
• I-9 audits following notification of a government audit
• Issues related to federal contractors and their subcontractors
• Compliance training services for internal staff designed to streamline I-9 processes
• Conduct training on non-discrimination and I-9 IRCA employment eligibility best practices
• Monitor compliance with LCA public inspection files for H-1B petitions
• Ensure compliance with agency requirements governing labor certifications (PERM applications)

EB-5 Immigrant Investor Program

USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they make the necessary investment in a commercial enterprise in the United States; and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. We assist clients with EB-5 visa applications for both individual and regional center processes. Our integrated one-stop approach helps our clients plan ahead for this detailed process which encompasses issues within not only immigration, but financing, real estate, tax, and insurance, among other potential issues.

In this area, services we offer include the following:

• Consultation and support through the completion of the three-step process leading to unrestricted permanent residence in the US including:
  • Completing and filing the investment application on Form I-526
  • Managing the consular processing through a US Embassy or filing for adjustment of status in the US leading to conditional residence status
  • Filing to remove conditional status within 90 days of the 2 year anniversary of receiving the green card
• Assistance with source and path of the investment funds used for this process
• Business plans, econometric reports, escrow accounts and project document checklists
• Application for the designation of new regional centers
• Review and support maintaining EB-5 immigration law compliance

Government Affairs

Our immigration attorneys work closely with Cozen O’Connor Public Strategies, a bipartisan government relations firm that represents clients before all branches of the federal government. We continuously monitor activity in the policy-making arena through our contacts with government agencies and decision makers both in the U.S. and abroad. In addition, we provide advance on state and local immigration laws and compliance issues, and liaison with USCIS Service Centers and other federal offices when government error is involved. We anticipate change and seek to proactively counsel our clients how to best manage their immigration programs in light of any forthcoming developments.