The following is a general outline of the immigration-related services that our Immigration Practice Group provides:
- Advice as to most feasible and/or practical immigration and non-immigration classification that should be pursued for a particular individual;
- Preparation of all immigrant and non-immigrant visa petitions and supporting documentation;
- Preparation of, or providing general consultation and assistance in the preparation of, other applications generally associated with US employment of foreign nationals (e.g., non-immigrant visa applications before US Consulates abroad, extension of non-immigrant visas, advance parole applications, re-entry permits); and
- Representation in the removal process.
Non-Immigrant, Temporary Visas.
- B Visas for business persons and tourists.
- E Visas for investors and traders.
- F Visas for students.
- H Visas for professionals.
- J Visas for exchange visitors.
- K Visas for fiancée.
- L Visas for intra-company transfer.
- TN Visas for NAFTA professionals.
The EB-5 program was created by the Immigration Act of 1990. The program provides EB -5 immigrant investor visas (“investor visas”) to alien entrepreneurs who invest in the United States. In general terms, the EB-5 program requires an alien to “invest or be actively in the process of investing” either US $1,800,000 in urban settings or US $900,000 in rural settings in exchange for the opportunity to obtain permanent residence (a “green card”) in the US.
In addition to the minimum investment requirements, the EB-5 program requires an alien to:
- Ensure that the investment is active or “at risk”,
- Make the investment in a “new” or “existing business enterprise”, and
- Demonstrate that the investment directly or indirectly results in the creation or preservation of ten full-time (at least 35 hours per week) jobs for a two year period.
Family-Based Permanent Residence Visas (Green Cards) for different family preference categories.
- First preference: unmarried sons and daughters of American citizens.
- Second preference: spouses, sons and daughters of lawful permanent residents.
- Third preference: married sons and daughters of US citizens.
- Fourth preference: brothers and sisters of US citizens.
The fastest growing segment of our practice involves employment and business-based immigration matters, particularly since the passage of the Immigration Reform Act of 1996 and the changes taking place throughout the nation with respect to the hiring of foreign professionals. An ever-increasing number of American employers have identified foreign nationals as prospective employees and thus require our specialized knowledge. We work with employers, both large and small, in the public and private sectors, to secure immigration authorization (temporary and permanent) for foreigners who seek to contribute to the economic improvement of this country.
We provide consultation to in-house counsel of major US corporations. We work with their human resource division to assist in labor condition applications (LCA), compliance review and the audit of I-9 forms.
The United States, as a nation of immigrants, continues to be enriched by the talent, resources and vitality of its newest arrivals. We are proud to be involved in assisting newcomers in coming to the US and assisting employers in their efforts to comply with the complex systems of laws and regulations governing the hiring of foreign workers.
Related Practice Areas
The U.S. Citizenship and Immigration Services (USCIS) has published a final rule on July 24 that makes a number of significant changes to its EB-5 Immigrant Investor Program, marking the first significant revision of the program’s regulations since 1993.
Berry Moorman attorney was a recent contributor to the update of the Illinois Institute for Continuing Legal Education’s 2019 Immigration Guide.
Berry Moorman Shareholder Sheryl Laughren co-authored the 2019 Illinois Institute for Continuing Legal Education (IICLE) Immigration Handbook Chapters 9 and 12.