Our immigration team has extensive experience with both temporary and permanent visas for employees. We have successfully secured visas including H-1B for professionals, L-1 Visas for managers and executives, and O-1 Visas for entertainers and other persons of extraordinary ability. Skilled workers and unskilled workers can obtain permanent visas through the PERM labor certification process. Certain persons (including multinational executives, managers, persons of extraordinary ability, and outstanding researchers and professors) can obtain a waiver of the labor certification process through the EB-1. We carefully analyze background and skills to determine alternatives and select the most appropriate visa options.
Beyond securing the right visa, our Immigration team works seamlessly with Buchalter’s Labor & Employment Law group to ensure ongoing compliance with U.S. labor laws. This collaboration includes assisting companies in developing compliant employee handbooks, crafting effective onboarding procedures, and addressing any employment-related questions that may arise after the initial visa is secured. This integrated approach ensures a smooth transition for both the company and the foreign national employee.
Buchalter has a substantial employment-based immigration practice, and has successfully secured the following types of visas:
- H-1B and H-1B1 visas
- J-1 visas including Conrad waivers for doctors and waivers of the 2-year home residency requirement
- TN Treaty NAFTA visas
- O-1
- PERM labor certifications
- Outstanding Researchers / Extraordinary Ability (EB-1)
- National Interest Waivers (NIW)
COMPLIANCE FOR EMPLOYERS – I-9 RECORD COMPLIANCE & AUDITS
Compliance for employers is rapidly becoming the most important area of immigration law. We advise employers on how to maintain appropriate immigration records including paper and electronic compliance for I-9 records. We also provide representation at audits by the U.S. Department of Homeland Security (DHS), the U.S. Department of Justice (DoJ), and the U.S. Department of Labor’s Wage and Hour Division.
ON-SITE TRAINING & CREATION OF POLICY MANUAL
We give on-site training to employees regarding I-9 completion, acceptable documents, mismatch letters, document abuse situations, and how to minimize potential discrimination and EEOC claims. We draft appropriate language and policies for inclusion in client HR manuals that include standardized intake procedures, retention policies, and tickler systems for re-verification and document retention.
