Immigration Law

Overview

In an era of unprecedented immigration enforcement actions, chronic visa backlogs and increased global competition for talent, immigration law has become more crucial than ever to corporate success. Visa status is also critical to those seeking to migrate to and work in the United States, particularly for those who also seek to relocate family.

At Ogden Murphy Wallace, we represent individuals and U.S. and foreign businesses and their workers in many aspects of immigration. We are particularly experienced in the intricacies associated with securing work authorization for critical non-U.S. employees and executives. We help businesses understand the various visa options that may be available for workers so that the best and most expeditious path can be taken.

When mergers and acquisitions are contemplated involving a company with non-US citizen employees on various visas, we assist business clients in identifying and resolving related business immigration matters affecting employees and management.

We also help businesses comply with I-9 regulations, and provide representation in visa challenges, and worksite enforcement.

Our family-based immigration practice is focused on helping clients secure immigrant and non-immigrant visas for family members. In addition, we also represent clients seeking to Naturalize and acquire US Citizenship.

We invite you to contact our immigration attorney, Che Dawson with your visa and immigration needs.

Why Choose Ogden Murphy Wallace?

• Experience. With all immigration matters, it’s critical to identify the best visa path based upon the desired objectives, and thereafter to ensure the presentation of the required documentation associated with that path. Choosing the wrong visa path, failing to provide the required documentation, or failing to comply with other necessary requirements can lead to significant delays (especially in an overly burdened immigration system). With decades of experience, we’ve successfully helped clients navigate the intricacies of many aspects of immigration law matters.
• Comprehensive Services. From business-related visa processes, to personal immigration concerns, our clients’ needs are fully covered. Whether it’s the impacts of business transitions like mergers and acquisitions or nuances of the immigration reform and control act, we’re here to guide you.
• Client-Centric Approach. Your needs come first. We work diligently to secure the right documentation for you or your business, and to assist you throughout the immigration process.

As experienced employment visa lawyers and attorneys, we assist employers and their employees through the intricate processes of obtaining employment-based immigration in the U.S.

The employment-based immigration process is complex, with a number of different visa possibilities depending upon matters such as the occupation of the worker, whether the worker is already working for the company in a location outside of the U.S., and whether there is a present U.S. need for the type of worker that a company may wish to bring to the U.S. Additionally, there are often additional documentation that must be secured, such as information about prevailing U.S. wages for certain categories of workers.

We help employers understand the best visa path for their need and assist both employers and employees in all aspects of seeking to secure visas.

The Types of Employment-Based Visas

The type of employment-based visas include:

• B-1: Temporary Visitor for Business
• E-3: Visas for Australian Citizens
• NAFTA Treaty Occupations
• H-1B Visas/H-1B1

Best for a Given Situation

There is not necessarily only one path for employment-based immigration. In addition to the factors noted above, other factors should be considered, such as whether an employee coming to the U.S. already has family members in the U.S., whether the person may wish to bring a spouse or children, and whether the person may be interested in eventually becoming a U.S. citizen.

We discuss these and other matters with business clients so that we can tailor an immigration strategy to the needs of both employers and workers. It is critical that all such matters be considered at the outset of an immigration case so that potential future problems can be avoided to the extent possible.

Which Professions Qualify for Employment-Based Immigration?

U.S. immigration laws allow individuals to apply for their green cards through various “preference immigrant” categories based on their profession or specific skills. There are primarily four categories. EB-1 petitions can be self-filed, all others MUST complete a multi-step Labor Certification/PERM process.

• First Preference (EB-1). This is designed for priority workers demonstrating exceptional ability in areas like sciences, arts, education, business, or athletics. It also caters to outstanding professors or researchers, and certain multinational executives and managers.

• Second Preference (EB-2). EB-2 visas target professionals with advanced degrees or individuals with exceptional abilities, including those applying for a national interest waiver.

• Third Preference (EB-3). It includes skilled workers or professionals seeking citizenship or a visa.

• Fourth Preference (EB-4). This is meant for special immigrants such as religious workers, certain retired officers, certain broadcasters, members of the U.S. armed forces, and Afghan or Iraqi translators or interpreters.

If your job title or position doesn’t directly align with these qualifications, contact Che Dawson, OMW's immigration attorney to learn about the best path towards employment-based immigration.