[DRAFT] U.S. Immigration

B-1 status is available to foreign nationals coming to the United States for a short time period to engage in meetings, seminars, consultations and other activities not involving productive employment. In most cases, obtaining B-1 status is straightforward; an application can be made directly with a U.S. embassy or consulate. However, issues may arise where the applicant cannot demonstrate his or her intention to return to his or her home country at the conclusion of their trip to the United States. We assist clients in avoiding and resolving these issues, and also specialize in establishing B-1 policies for multinational companies to avoid practices that could lead to unauthorized employment liability.
Learn more about the B-1 Visa in our Resources Section.
An E visa is granted based on a qualifying treaty of commerce and navigation between the United States and the country of the foreign company’s nationality.
Learn more about the E-1 and E-2 Visa in our Resources Section.
H-1B is the most popular “work visa” for most U.S. employers. They may be obtained by virtually any established company in the United States seeking to hire a professional level employee from abroad.
Learn more about the H-1B Visa in our Resources Section.
H-1B1 and E-3 visa classifications are based on treaties with Chile and Singapore (H-1B1) and Australia (E-3) and are reserved for nationals of these three countries.
Learn more about H-1B1 and E-3 Visas in our Resources Section.
H-3 status allows an alien to enter the United States for the purpose of receiving training or instruction (other than graduate medical education/training – but medical externships and training in nursing is permitted).
Learn more about the H-3 Visa in our Resources Section.

Nonimmigrant Visas

We provide the full range of employment and business non-immigrant legal services for corporate clients. A nonimmigrant visa is a temporary visa allowing a foreign national to come to the United States for specific, limited purposes.

The J visa exchange program was created to encourage educational and cultural exchange between the U.S. and foreign countries. It allows bona fide trainees, students, professors and research scholars, foreign physicians, and others to enter the U.S. in order to teach, study, observe, conduct research, consult or receive training.
Learn more about the J-1 Visa in our Resources Section.
F-1 visas are issued to individuals who have been admitted to a language or academic program at a school approved by the United States Citizenship and Immigration Services (USCIS).
Learn more about the F-1 Visa in our Resources Section.
L-1 visa category allows employers to move personnel from foreign subsidiaries, parent companies, affiliates and branch offices to the employer's U.S. based operation to engage in temporary work.
Learn more about L-1 Visas in our Resources Section.
An alien who has demonstrated extraordinary ability through sustained national or international acclaim in the sciences, arts, education, business or athletics may be eligible for O-1 status.
Learn more about O-1 Visas in our Resources Section.
NAFTA “TN” status is reserved for citizens of Canada and Mexico seeking to enter the United States to perform services in one of the professions listed in Appendix 1603.D.1 to Annex 1603 of NAFTA, which are also available in the United States Citizenship and Immigration Services (USCIS) regulations at 8 C.F.R. §214.6.
Learn more about the TN Visa in our Resources Section.

Green Card Sponsorship

Goeschl Law Corporation assists corporate clients in all areas of employment-based green-card sponsorship. In order to allow foreign national employees to work in the United States permanently, employers may sponsor the employees for Lawful Permanent Resident or "green card" status. There are several options available for employer-based green card sponsorship.

Labor certification requires that the employer demonstrate to the DOL that there is an unavailability of willing, able, and qualified U.S. workers to fill the position for which the foreign worker is being sponsored.
Learn more about the PERM Labor Certification Process in our Resources Section.
For an occupation to be selected as a Schedule A occupation, the DOL must determine that there are “not sufficient United States workers who are able, willing, qualified, and available for the occupations listed, and that the wages and working conditions of United States workers similarly employed will not be adversely affected by the employment of aliens in Schedule A occupations.”
Learn more about Schedule A Occupations in our Resources Section.
Although Traditional and Reduction in Recruitment labor certifications can no longer be filed, there are thousands of cases that are still pending at the Department of Labor’s Backlog Processing Centers that were filed pursuant to these programs prior to March 28, 2005. We assist clients in seeing these cases through to completion. Where necessary, we also determine whether it is in the company’s and employee’s best interest to switch a pending case to the PERM program, which is usually much faster.
Learn more about the PERM Labor Certification Process in our Resources Section.
Although Traditional and Reduction in Recruitment labor certifications can no longer be filed, there are thousands of cases that are still pending at the Department of Labor’s Backlog Processing Centers that were filed pursuant to these programs prior to March 28, 2005. We assist clients in seeing these cases through to completion. Where necessary, we also determine whether it is in the company’s and employee’s best interest to switch a pending case to the PERM program, which is usually much faster.
Learn more about the PERM Labor Certification Process in our Resources Section.

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For most individuals who are pursuing an application for Lawful Permanent Resident status who are present in the United States, filing an I-485 Adjustment of Status application is the last step in their green card application process. The I-485 application is required for individuals pursuing permanent resident status based on employment-based (I-140) and family-based (I-130) immigrant petitions.
The employment-based first preference category is also known as the "priority worker" or EB-1 category. Workers falling into the EB-1 category do not need to obtain a labor certification from the Department of Labor prior to filing the immigrant visa application. The Priority Worker category includes: Aliens of Extraordinary Ability, Multinational Managers and Executives and Outstanding Professors and Researchers.
Learn more about Priority Worker Categories in our Resources Page.
Obtaining a National Interest Waiver (or "NIW") is another way by which a foreign national may obtain lawful permanent resident status in the United States.
Learn more about National Interest Waivers in our Resources Page.

Employer Compliance

All employers, even those that employ no foreign nationals, face numerous restrictions and record-keeping requirements under the immigration law. We help clients establish practices and policies to ensure compliance with these requirements. We also provide internal audit services for I-9 employment verification records and Labor Condition Application ("LCA") public access files, on a flat fee basis.

The California State Attorney General’s office and Labor Commissioner issued long-awaited interpretive guidance on the Immigrant Worker Protection Act(“AB 450”), a new state law enacted by the California Assembly to provide foreign workers protection from increased immigration enforcement action by the Federal government.
Learn more about the AB450 Immigration Worker Protection Act in our Resources Section.
Employers are required to file Form ETA-9035, Labor Condition Application (LCA), prior to seeking new or extended H-1B status for a foreign national. The LCA may be filed electronically with the Department of Labor. If approved, a copy of the LCA is included in the H-1B petition that is filed with the United States Citizenship and Immigration Services (USCIS).
Learn more about Export Control in our Resources Section.
The Department of Homeland Security (DHS), through the U.S. Citizenship and Immigration Services' (USCIS) Office of Fraud Detection and National Security (FDNS), conducts random "site visits," of employers who sponsor foreign nationals for H-1B and L-1A nonimmigrant status.
Learn more about Site Visits in our Resources Page.

E-Verify is an Internet-based system operated by the U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA) to allow businesses to determine the eligibility of their employees to work in the United States. E-Verify is a companion to the I-9 employment verification process, which requires all US employers to verify the employment authorization for newly hired employees.
Learn more about E-Verify in our Resources Page.
Employers are required to file Form ETA-9035, Labor Condition Application (LCA), prior to seeking new or extended H-1B status for a foreign national. The LCA may be filed electronically with the Department of Labor. If approved, a copy of the LCA is included in the H-1B petition that is filed with the United States Citizenship and Immigration Services (USCIS).
Learn more about the Labor Condition Application Process in our Resources Page.
The Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful for an employer to hire, recruit or refer for a fee anyone who the employer knows is not authorized to work in the United States. Form I-9, the Employment Eligibility Verification Form, is used by employers to comply with the provisions of IRCA. Employers must complete an I-9 for all individuals who are hired on or after November 6, 1986.
Learn more about the I-9 Verification Process in our Resources Page.

Immigration Consultations

We offer individual clients hourly consultations in all areas of business and investment-based immigration. For more information, please contact our office at 415-805-3900.

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