We work with employers and foreign professionals in navigating the twists and turns of the immigration process. The immigration laws are known for their complexities and we pride ourselves on offering our clients with practical and informed advice to make decisions based on the long and short term goals related to the immigration process. Experienced in the various methods of employment-based permanent and temporary work visas, we help clients devise the best route towards their end goal, suited to their particular immigration needs. We work very closely with our clients and ensure that they are aware of the strengths and possible weaknesses in their matters. By doing so, we are able to form creative and innovative approaches in making the immigration laws work for our client.

Employers and Foreign Professionals

The BCC immigration team assists employers of every industry with their nuanced immigration matters. In the same token, foreign professionals are often seeking guidance in strategizing their pathway to employment opportunities in the U.S. We can assist with a variety of visa options providing thoughtful advice customized and attentive to the client situation

Non-immigrant (or temporary) Visa Options:

H-1B:  The H-1B visa is the most common work visa that is provided for people who perform services in a specialty, professional occupation.  As this status is a popular one, the capped amount of visas each year are rapidly filled requiring USCIS to implement a lottery system in choosing which applications will be processed.

H-2B: The H-2B visa is popularly used by U.S. employers to bring foreign nationals to the U.S. based on a temporary need that is seasonal, peakload, intermittent, or a one-time occurrence.

L-1:  This visa is for intra-company transferees coming from one corporate location abroad to the U.S. corporate site.  The L-1A is for executives or managers of the corporation, and the L-1B is for professionals with a specialized knowledge relating to the employer’s interests.

E-1:  The E-1 is a non-immigrant classification for nationals of a treaty country with the U.S. to engage in international trade.  Certain employees of such person or organization can also be eligible for this classification.

E-2:  The E-2 visa allows nationals of a treaty country to enter the U.S. and engage in business opportunities based on an investment of a substantial amount of capital in a U.S. business.  Certain employees of such person or organization can also be eligible for this classification.

O-1:  For individuals who possess extraordinary ability in their field, this visa allows for temporary work authorization provided the individual can document their achievements.

J-1:  A J-1 visa is for individuals approved to participate in the U.S. exchange visitor program to promote cultural exchange.  Many J-1 visa holders are subject to the two-year home residency requirement.  A waiver is often required should the J-1 visa holder wish to remain the U.S. in a different status.

R-1:  The R-1 is a temporary work visa for religious workers offering ministerial or religious vocational services.  The employer is typically a non-profit religious organization in the U.S. or a non-profit organization affiliated with a religious denomination in the U.S.

TN:  Based on the North American Free Trade Agreement, this classification permits citizens of Canada or Mexico in a qualified professional field to obtain temporary work authorization in the U.S.

Permanent Residence Options

BCC provides permanent residency options tailored to the employer and the employee and works closely to guide them through the complexities of each track.

• PERM (Labor Certification based cases)
• National Interest Waivers
• Extraordinary Ability
• Multinational Executive and Managers
• Outstanding Researchers and Professors

I-9 Compliance

We assist employers in ensuring their employment compliance systems are properly in place.  Our services range from reviewing existing corporate policies, training in compliance actions, and drafting policies for corporate use related to I-9 compliance.

For additional information on Burke Costanza & Carberry’s immigration law services, please contact Alfredo Estrada.