GLOBAL IMMIGRATION

While businesses increasingly operate in a global marketplace, immigration laws continue to challenge employers seeking to hire top global talent. Nixon Peabody’s Global Immigration team understands these challenges, and provides practical and cost-effective immigration solutions that help companies achieve their business goals.

Global mobility

Our experienced attorneys work with each client to develop a business immigration strategy that will enable it to attract and retain top global talent. Each year, our attorneys counsel U.S. employers on immigration solutions for hundreds of current and prospective foreign national employees at all levels, from CEO to recent college graduate, and across all industries, including manufacturing, life sciences, technology, publishing, shipping, entertainment, sports, health care, hospitality, agriculture, and education. We also represent numerous universities, religious organizations, and other nonprofit entities.

Global Immigration team members help employers navigate the bureaucratic processes of the U.S. Citizenship and Immigration Services, the Department of Labor, and the Department of State, including its U.S. consulates around the world. We have helped employers to secure green cards and non-immigrant statuses, such as L-1, H-1B, E, P, O, and TN for foreign national employees from almost every country. Working with colleagues and partners around the globe, we are also able to assist with transfers of employees to other countries.

Our attorneys are skilled in advising foreign employers planning to expand their operations to the U.S. In addition to facilitating the transfer of critical foreign employees, as a full-service law firm, Nixon Peabody regularly advises clients on all aspects of their expansions, including corporate formation, taxation, real estate, intellectual property, and labor and employment.

Businesses engaged in mergers, acquisitions, and asset transfers face particular challenges when it comes to retaining essential foreign national employees. Our Global Immigration team is well-versed in the immigration-related implications of complex corporate transactions, including those in the private equity context. Our attorneys and professionals regularly exercise due diligence on potential acquisitions and provide counsel on structuring transactions to minimize successor liability. We have helped to close critical deals without jeopardizing the immigration status of foreign national employees.

Worksite enforcement

Enforcement of U.S. immigration laws is more aggressive today than ever before. Properly documenting the employment eligibility of all employees is of paramount importance, since enforcement actions have increased to historic levels and the government continues to pursue significant fines and criminal liability whenever possible. Nixon Peabody’s Global Immigration team can simplify the immigration maze by providing employers with the tools they need to comply with and navigate the complex rules and regulations governing employment eligibility verification and the employment of foreign nationals.

Our training programs provide guidance to in-house legal departments and human resource administrators to help them address a range of issues, including:

• Form I-9 employment eligibility verification compliance
• Social Security “no-match” letters
• E-Verify
• H-1B visa obligations, including Public Inspection Files
• Government investigations and raids
• National origin and citizenship status discrimination under the Immigration Reform and Control Act

We regularly conduct audits of employer’s I-9 forms and procedures and assist clients with the development and implementation of immigration-related policies and procedures.

Nixon Peabody also regularly advises clients in connection with Department of Labor, Department of Justice, and Immigration and Customs Enforcement (ICE) investigations into companies’ hiring practices.

Representative experience

• Represent foreign corporations seeking to expand operations to the U.S. obtain E and L visas for critical foreign employees; advise multinational clients on strategy to obtain blanket L qualification for worldwide subsidiaries.
• Strategize with companies affected by the H-1B visa cap regarding alternatives; help employers navigate transition to H-1B status of foreign national students employed in OPT status pursuant to cap-gap and STEM extensions.
• Facilitate employment of NAFTA Professionals in TN visa status.
• Obtain P visas for foreign artists, athletes and entertainers coming to the U.S. to perform or compete.
• Counsel clients on the impact of complex corporate organizational changes on employment authorization of foreign national employees.
• Assist companies in obtaining permanent resident status for key foreign national employees including:
  • Strategic advice regarding the different employment-based categories and employee’s eligibility;
  • Representation before the U.S. Department of Labor in PERM labor certification processes; and
  • Preparation of immigrant petitions to USCIS in all employment-based categories and related adjustment of status applications.
• Represent investors seeking temporary E visas or permanent EB-5 green cards with all aspects of their investment.
• Provide training to human resources personnel regarding Form I-9 employment eligibility verification compliance and best practices.
• Conduct audits of clients’ I-9 forms and related policies and procedures.
• Represent clients subject to government investigations into immigration-related compliance issues.