Immigration

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“Immigration law has never been for the faint of heart. Anyone even passingly familiar with this formerly backwater, now front-burner subject knows that it is routinely frustrating, confusing, illogical and dispiriting. Its complexity and obscurity have been assailed by the courts, Congressional researchers and even government officials charged with granting immigration benefits.”

U.S. Citizenship & Immigration Services spokesperson, Karen Kraushaar.

HunterMaclean’s immigration practice group has over twenty years of experience in a wide range of complex immigration issues and has represented foreign nationals and companies from all over the world.

Our representation includes:

• Hospitals who wish to hire foreign physicians
• Businesses who wish to hire foreign nationals or transfer existing employees to the United States
• Companies subject to Immigration & Customs Enforcement (ICE) I-9 recordkeeping audits and investigations for knowingly, unknowingly, or negligently hiring illegal aliens
• U.S. citizens who marry foreign nationals
• Families who wish to bring loved ones to the United States

We represent our clients in front of the U.S. Citizenship & Immigration Services, the U.S. Department of State, the National Visa Center, various U.S. consulates overseas, and the U.S. Department of Labor.

We work closely with our clients at the earliest possible stage to help them develop strategies to ensure that they maintain lawful status in the United States, do not violate the immigration laws, and are always authorized to work and travel.

When the government investigates, our immigration attorneys have represented employers in a variety of industries regarding form I-9 audits and have worked closely with defense counsel where the government claims criminal intent. We regularly conduct internal immigration audits for clients and advise clients with respect to compliance with form I-9 requirements, E-Verify, state immigration law, and federal contractor immigration obligations. Our immigration practice group has been given top-tier designation by the US. News & World Report/Best Lawyers ranking. Our immigration attorneys are also members of the American Immigration Lawyers Association.

Training and Workshops

HunterMaclean also offers tailored training programs and workshops for HR managers, general counsel, and supervisory employees. Our sessions cover a range of workplace issues, including:

• I-9 compliance
• Public inspection files for H-1B petitions
• Portability of H-1B visa petitions, labor certifications, and immigrant visa petitions
• New immigration laws, policies, and procedures globally
• General foreign assignment considerations
• Destination country-specific considerations
• Project planning
• PERM labor certification applications
• Creative alternatives to H-1Bs

Our programs are designed to meet each client’s unique needs.

Experience

We specialize in assisting foreign physicians and navigating the challenges they face when working in the U.S. For those with a J-1 visa for medical residency, we secure waivers for the “two-year home residency” requirement and obtain H-1B visas. We collaborate with state Departments of Community Health, the U.S. Department of State, and U.S. Citizenship & Immigration Services. Many physicians we assist go on to obtain green cards and U.S. citizenship.

Additionally, we offer comprehensive services for various temporary work visas, including H-1B for specialty occupations, L-1A and L-1B for intra-company transfers, E visas for trade or investment, and O visas for extraordinary abilities. We also specialize in permanent residency (green card) applications, enabling foreign nationals to live and work in the U.S. The most common pathways to permanent residency are through close family ties or employment in the U.S.

In addition, our experienced team of attorneys offer the following services:

U.S. Immigrant Visas

HunterMaclean’s attorneys possess extensive knowledge and experience in obtaining immigrant visas on behalf of clients. We fully understand the latest changes in immigration laws, including:

• Portability of labor certifications and immigrant visa petitions
• Tandem filing of immigrant visa petitions and adjustment of status applications
• Labor certifications and procedures
• Processing times for applications in the U.S.
• Immigrant visa processing and procedures for U.S. embassies worldwide

We also counsel employers on hiring foreign personnel with pending applications and work authorization issues. Our expertise includes:

• Labor certifications
• Immigrant visa petitions
• Multinational executives and managers
• Outstanding professors and researchers
• Exceptional ability visas
• Healthcare professionals (nurses, doctors, physical therapists)
• Special immigrants (religious workers, returning permanent residents, broadcasters/journalists)
• Employment creation/investor visas
• Employment-related family immigrant visas (spouses, children, siblings)
• National Interest Waivers
• Permanent labor certification (PERM)

Global Immigration Filings

We help clients understand the options and constraints in each destination country to select the best strategy, ensuring compliance with local regulations. Our services include:

• Employment, investor, and family-based work and residence permit applications
• Permanent residency and citizenship filings
• Business and entry visas
• Acquisition of vital records and personal documents
• Program policy development and best practices for global compliance
• Immigration project and program strategy
• Immigration and compliance audit assistance
• Training for clients’ legal, HR, mobility, recruiters, and managers

Impact of Corporate Transactions

Our lawyers address immigration issues related to transactional matters, often interfacing with our corporate, real estate, and tax attorneys to provide comprehensive legal services. We assist with:

• Immigration ramifications of corporate restructuring (mergers, acquisitions, asset transfers)
• Immigration issues for non-immigrants purchasing/financing real estate
• Effect of bankruptcy on naturalization applications
• International and domestic tax ramifications for foreign corporations and personnel
• Tax implications of immigration status

Additional Expertise

HunterMaclean provides expertise in various visa categories and immigration-related services, including:

• B visas for business and pleasure travelers
• E treaty trader and treaty investor visas
• F student visas
• H-1B work visas for professionals
• H-3 training visas
• J exchange visitor visas and J-1 visa waivers
• K visas for fiancés and spouses of U.S. citizens
• L intra-company transferee visas
• Extraordinary ability visas in sciences, arts, education, business, or athletics
• P visas for entertainers and athletes
• R religious worker visas
• TN work visas for Canadian and Mexican nationals
• Family-sponsored permanent residence petitions
• Employment-based permanent residence petitions
• Naturalization and U.S. citizenship
• I-9 audits

“Mills Fleming helped me obtain an O-1 extraordinary ability visa as a physician clinical geneticist in 2006. In 2011 he assisted me with an H-1B work visa as a professor and teaching physician at the James H. Quillen Medical School in Tennessee, and a green card based on my marriage to a U.S. citizen. Mr. Fleming and his staff have always been there for me and my family during the complex immigration application process. He is thoughtful, informed and always willing to help when unforeseen circumstances arise. Mr. Fleming is the immigration attorney I highly recommend.” 

Apostolos Psychogios, M.D. (citizen of Greece)

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