Immigration laws and procedures are complex and ever-changing. Success in obtaining non-immigrant and immigrant visas requires knowledgeable, dedicated and experienced legal counsel - and that's where we come in. Our immigration attorneys oversee the employment immigration status of international employees and students and appreciate the challenges facing companies, universities, medical centers and hospitals in today's immigration environment.
It is increasingly important for employers not to run afoul of the immigration laws. Government agencies under the U.S. Citizenship and Immigration Service are focused on enforcement and sanctions for employers. With our immigration attorneys' experience and involvement in national immigration law associations, we have an "insider's" view of the employment-based immigration issues as well as solutions for large institutions who regularly hire from overseas. Clients are provided with in-house training to help them maintain compliance.
A corporation's immigration program is critical to its growth, expansion, employment policies and 1-9 compliance. Hancock & Estabrook provides support and counsel in the following immigration law areas as they relate to visas and permanent residency:
Our immigration attorneys have extensive experience in the full spectrum of immigration needs for universities, such as:
Our immigration attorneys have an understanding of the unique challenges inherent in working with an academic community. These challenges include the role and status of graduate students transitioning to academic jobs; the importance of the students status, whether it be F or J, as it plays into a transition to an academic title and work visa; hands-on experience with SEVIS system and the regulations that may affect future work status or green card applications; understanding of the academic hiring cycle for faculty and researchers and the associated timelines; using PERM system on behalf of the university for a variety of campus positions (from faculty to staff); and experience in working with athletics and obtaining the proper visas for coaches in a variety of sports.
Hancock & Estabrook offers dedicated, responsive service for medical centers and hospitals for developing highly efficient systems and procedures so that each human resources department is not burdened with a cumbersome process. Our knowledge and experience with individual cases in medical specialties. Often foreign medical graduate physicians are hired while in a J-1 (exchange visitor) status which includes a two-year home residency requirement. Our immigration attorneys can assist the hiring medical group or hospital with the necessary J-1 waiver applications and subsequent work visa and green card processes that are specific to the medical profession. Working knowledge of SEVIS since its original implementation by the Department of Homeland Security, and our experience with the J visa category and its applicability for certain medical professions sets us apart from other Firms in Central New York and across the state.
Our immigration law attorneys recognize how important it is to work closely with individuals to strategies for your case. Each matter is highly individualized. We offer accessibility and responsiveness to each client in order to keep you updated on each step of the case.
We can assist you in navigating the world of work visa options as you plan your post-graduate career in the United States. It is important to plan years in advance due timing of the application process and the complications that may arise from personal travel needs.
If you are already in the United States in a valid nonimmigrant visa status, our immigration attorneys can help you evaluate your options for switching to another nonimmigrant status, strategize with you as to the best choice and the timing issues that may arise. Please schedule a consultation to evaluate if you are eligible to change your status within the United States.
Individuals holding H-1B visas may change employers by having the new employer file a petition on behalf of a new employee. The individual may begin employment with the new employer upon filing of the petition and notice of receipt, the I-797 receipt notice. CIS may verify that the H-1B visa holder maintained his or her status by checking with the employer. Our office counsels individuals and employers to ensure that these transitions are handled correctly.
Under the 1990 Immigration Act, Congress has set aside up to 10,000 visas per year for alien investors in new commercial enterprises who create employment for 10 individuals. This is an attractive program but it has several limitations and should be pursued through counsel. To be eligible for lawful permanent residence based on an investment you must meet several criteria:
Qualifying Investments:
Job Creation: Your investments in new commercial enterprises must benefit the U.S. economy and create full-time employment for at least 10 worker-authorized employees, excluding you and your immediate relatives, and persons in nonimmigrant status. Saving 10 jobs may also qualify if the qualifying investment is in a troubled business.
Amount and Nature of Assets: The capital investment must be $1 million in high employment areas and $500,000 in targeted employment areas. The capital may consist of cash, equipment, inventory, other tangible property, and easily convertible cash equivalents.
Commercial Enterprise: Any for profit business can qualify, including sole proprietorships, limited or general partnerships, corporations, business trusts, joint ventures, holding companies and wholly owned for-profit commercial subsidiaries, mutual investment funds, etc. An existing commercial enterprise purchased by you can also qualify without necessity for reorganization or reincorporating, if your infusion of capital increases the business' net worth or the number of qualifying U.S. workers employed by 40 percent. Pre-existing commercial enterprises also qualify if you save 10 U.S. jobs by taking over a troubled business that has operated for-at-least two years and has incurred a net loss of at least 20 percent of net worth during one of the two years preceding your investment.
Location: The only location criteria applies to $500,000 investments in targeted employment areas, which include rural areas identified by the U.S. Census or the Office of Management and Budget and areas certified by a state government to be experiencing average unemployment of at least 150 percent of the national average.
Qualifying Investors:
Capital Contribution: You must make a qualifying investment using personally owned and legally obtained assets or indebtedness secured by personal assets (i.e. not secured by the qualifying commercial enterprise).
Management: You must be engaged in management of the enterprise, either through daily managerial control or through policy formulation as a corporate officer, director or partner.
Multiple Investors: Each multiple investor in the same enterprise will qualify if he or she meets the minimal capital and job creation requirements. In cases where not all multiple investors seek to immigrate to the United States based on the investment, the job creation requirement can be met by those investors who seek to immigrate (based on the joint investment) by apportioning the total number of jobs created among the immigrating investors rather than among all investors. (Note: This apportionment among joint investors does not apply to the capital requirement.)
