The Duane Morris Immigration Practice

THE DUANE MORRIS
IMMIGRATION
PRACTICE
www.duanemorris.com
Duane Morris – Firm and Affiliate Offices | New York | London | Singapore | Philadelphia | Chicago | Washington, D.C. | San Francisco
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THE DUANE MORRIS
I MMI G RA T ION
P R A CTI C E
O U R M I SS I O N
For more than 30 years, the Duane Morris Immigration Group has
served as global immigration counsel to diverse organizations, ranging
from multinational and Fortune 500 publicly traded corporations
and medium-sized privately held companies to startup ventures and
individuals in a wide spectrum of industries.
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A GLOBAL TEAM SERVING CLIENTS
AROUND THE WORLD
ADDRESSING EMERGING CHALLENGES
IN IMMIGRATION LAW
Our worldwide immigration practice has attorneys throughout the United States, including in
our Miami, Boca Raton, Philadelphia, San Francisco, San Diego and Washington, D.C. offices,
as well as international specialists in our Singapore and London offices.
Our immigration practice has grown to include representation of our multinational clients
in global visa, work and residence permit applications, in addition to compliance audits in
countries throughout the world. This is a rapidly expanding and changing area of law, as
countries struggle to protect domestic work forces while addressing the needs of international
business. At Duane Morris, we provide a seamless home-host model that involves an inhouse team working in conjunction with local expert counsel.
Our team’s thorough understanding of the bureaucratic intricacies and our frequent interaction
with decision makers at the Departments of Homeland Security, Labor and State in the United
States, along with these agencies’ counterparts around the world, offer a solid foundation upon
which we provide effective representation to our clients. Our partners’ diverse backgrounds
include serving as advisors to presidential administrations and participating in delegations
to foreign countries involving immigration and human rights issues. Several of our lawyers
have been national and state bar association liaisons to various Department of Homeland
Security agencies, as well as the Departments of State and Labor, and are frequently
asked to present authoritative programs on immigration issues across the United States
and globally.
In recent years, the U.S. federal government-enforcement actions against companies
for employment eligibility verification (1-9), E-Verify and U.S. Department of Labor
program violations have increased exponentially. The Duane Morris Immigration Group
has responded quickly to these changes, providing our clients with internal audits and
compliance reviews, as well as representation in enforcement actions. Immigration is one
of the most complicated and ever-changing areas of law that companies must master.
Anticipating these changes and preparing our clients to respond to them quickly and
effectively is the hallmark of our practice.
A FULL RANGE OF IMMIGRATION
SERVICES
The Duane Morris Immigration Group provides clients with a full range of immigration
and naturalization legal services that are carefully crafted to reflect each client’s goals and
objectives. We provide advice during the pre-hiring screening process for our client companies,
as well as legal representation regarding a wide variety of non-immigrant, immigrant, global
and related services, including, but not limited to, advice during corporate changes and for
1-9 compliance. Through our comprehensive knowledge of the legal, political and business
contexts in which immigration and naturalization concerns arise, we assist our clients to
operate successfully in a world where capital and business opportunities have no borders.
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U.S. NON-IMMIGRANT VISAS
Several types of non-immigrant visas allow a foreign national to work in
the United States. We assist our clients in negotiating the complex maze
of regulations, policies and operational instructions that must be navigated
to obtain these visas. Issues of current concern include the impact of H-1B
quota cap restrictions, portability for H-1B workers, acceptable wage surveys,
the interplay between practical training for foreign students and H-1B
petitions, changing visa procedures at U.S. embassies worldwide, corporate
restructurings, layoffs and terminations, and work authorizations for spouses
of L and E visa holders.
DUANE MORRIS LAWYERS OFFER CLIENTS SUBSTANTIAL EXPERIENCE
IN THE ANALYSIS AND REPRESENTATION OF ALL OTHER TYPES OF
NON-IMMIGRANT VISAS, INCLUDING:
•
North American Free Trade visas for Canadians and Mexicans
•
Free Trade Agreement visas for Chileans and Singaporeans
•
Tourist visas
•
Extraordinary ability in science, education, arts, business or athletics visas
•
Entertainer visas
•
Foreign media visas
• Exchange visitor visas
• Foreign medical worker visas
• International organization visas
• Student visas
• International cultural exchange visas
• Religious worker visas
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U.S. IMMIGRANT VISAS
We understand the most recent changes in immigration laws regarding
portability of labor certifications and immigrant visa petitions, tandem filing
of immigrant visa petitions and adjustment of status applications, labor
certifications and procedures, and processing times for applications in the
United States, as well as immigrant visa processing and procedures for U.S.
embassies around the world. We also counsel employers regarding hiring
foreign personnel who have pending visa applications and work authorization
issues.
OUR ATTORNEYS HAVE EXTENSIVE EXPERIENCE IN ALL FACETS OF
IMMIGRANT VISAS, INCLUDING ISSUES INVOLVING: •
Labor certification
•
Healthcare professionals
•
Multinational executives and managers
•
Immigrant investors and regional centers
•
Outstanding professors and researchers
•
Family members of visa applicants
• Advanced-degree professionals
• Professionals and skilled workers
• Extraordinary ability immigrants
• Ministers and religious workers
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GLOBAL VISAS
INTERNATIONAL IMMIGRANT INVESTORS
There are numerous immigration regimes across the world. We assist our clients in understanding
the options and constraints in each destination country so that the best strategy can be selected,
ensuring that both the client and its employees are fully compliant with local regulations.
Understanding the current international climate where both local labor market protection and
the race for talent define the playing field, we work alongside with our clients to secure
appropriate permits and visas.
Each year, 10,000 green cards are made available to foreign nationals who invest
$1,000,000 or more in a new or existing commercial enterprise and prove to the USCIS
that the investment created 10 or more permanent jobs for U.S. workers, commonly
known as the EB-5 program. The minimum investment is reduced to $500,000 in areas of
long-term high unemployment or rural areas. Activity in this area has greatly surged
in recent years with the increase in designated Regional Centers, a special pilot program
created by the U.S. Congress that allows for indirect job creation and limited involvement
of the investor in the day-to-day operations of the enterprise. Three thousand of the
10,000 visas are reserved for investors through the Regional Center Program.
DUANE MORRIS’ IMMIGRATION PROFESSIONALS HAVE EXTENSIVE EXPERIENCE IN
THE FULL SPECTRUM OF GLOBAL IMMIGRATION FILINGS, INCLUDING:
• Employment-, investor- and family-based work and residence permit applications
• Permanent residency and citizenship filings
THE DUANE MORRIS IMMIGRATION GROUP REPRESENTS CLIENTS IN ALL FACETS OF
THE EB-5 PROGRAM, INCLUDING GUIDANCE ON:
• Business and entry visas
• Individual v. regional center investment
• Acquisition of vital records and personal documents
• Investor petition preparation
• Program policy development and best practices for global compliance
• Conditions removal representation
• Immigration project and/or program strategy
• Regional center designation applications
• Immigration and compliance audit assistance
• Client legal, HR, mobility, recruiter and manager training
• Benchmarking and reporting
Duane Morris attorneys forge relationships with clients to build comprehensive, effective and
sustainable immigration programs tailored to fit the needs of our clients the world over. Through
longstanding relationships with local counsel on six continents, Duane Morris takes the care to
develop intelligent global immigration programs and practices that suit clients’ needs, ranging from
the individual to the program level.
INTERNATIONAL COMPLIANCE CONSULTING
We also assist multinational clients in drafting global immigration policies; assessing
compliance issues; comparing policies against industry standards; evaluating the immigration
impact of a merger, acquisition or divestiture; or determining whether a business visa is an
appropriate option.
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PRIVATE CLIENT SERVICES
The Duane Morris Immigration Group is one of the few Am Law 100
immigration practice groups` that provides boutique-style representation
to individuals. Our experience in this area ranges from assisting
private citizens with the immigration of their fiancées, spouses and
children to representing longtime legal permanent residents who are
facing deportation and individuals with visa denials or revocations.
OUR PRIVATE CLIENT SERVICES INCLUDE THE FOLLOWING AREAS:
• Removal (deportation) hearings
• Federal court proceedings
• Waivers
• Family reunification
• Pre-immigration planning
• Retirement
• Corporate compliance counsel
• I-9 compliance
• H-1B audits
• E-Verify
• Global right-to-work checks and audits
• M&A due diligence
• Government audits
• Training and workshops
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ACCOLADES
THE DUANE MORRIS DIFFERENCE U.S. News-Best Lawyers 2015 Best Law Firms awarded Duane Morris
top-tier and national rankings in Immigration Law, as well as a regional
ranking in Washington, D.C.
STREAMLINED PROCESSING. For a multinational corporation, there is no issue more important
than how long it will take for the visa paperwork to be in place before a transfer can occur. While
many factors contribute to processing times (availability of documents, bureaucratic delays and
corporate structure), the role of immigration counsel is to reduce and minimize delay wherever
and whenever possible. To meet this goal, we have streamlined our internal procedures to ensure
efficiency, accuracy and convenience for our multinational clients. Next, to speed processing
of our petitions by government agencies, we constantly monitor trends and track changes to
adjudication standards and procedures, which minimizes rejections, requests for evidence and
other bureaucratic delays. Upon approval of our petitions, we use all means necessary to get the
right documents into the right hands with the right instructions so that overseas visa processing may
occur without delay.
CREATIVE PROBLEM SOLVING. While many visa applications will follow a standard protocol
and fit squarely into a well-defined regulatory framework, some will not. Often those that do not fit
are for key personnel who have an unusual background, who are needed in-country immediately
or who are coming to fill a unique role in the United States. These situations call for attorneys who,
by virtue of experience and attention, have ready knowledge of the intricacies of the regulations,
case law and the Foreign Affairs Manual; contacts with agency personnel; and the know-how to
fit a square peg into a round hole without raising issues with USCIS. Combined, our immigration
partners have decades of exclusive practice before USCIS and the Departments of Labor and
State. There is no substitute for the depth and breadth of experience gained by years of serving
as global immigration counsel to multinational companies in a wide array of industries.
“Recognized for its strength in handling immigrant and nonimmigrant visa issues, and implementing corporate compliance
strategies and training programs … Highly regarded immigration
practice housed within a multi-service, international firm. Acts for
sophisticated corporate clients, advising on compliance, employment
visas and M&A-related immigration matters. ... Sources say: ‘They
are extremely organized and quick to respond to all matters’
and ‘Duane Morris attorneys are so detailed and provide all the
information needed. We did not need to chase them up, they were
very responsive.’”
CHAMBERS USA 2014 ON DUANE MORRIS’ IMMIGRATION PRACTICE
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DUANE MORRIS IMMIGRATION PRACTICE
TECHNOLOGY. In order to provide our clients with the most effective and transparent
immigration services, Duane Morris has invested in a state-of-the-art immigration solution
known as EDGE—a case management database system designed with security, usability,
flexibility and scalability in mind. EDGE allows clients to securely upload data and
access detailed case information status updates and reports online. Client employees are
also able to upload information and monitor case progress subject to any client
specifications. Moreover, EDGE provides encryption of client and client employee data and
communications,as well as constant monitoring and intrusion detection systems to keep sensitive
information secure. GLOBAL IMMIGRATION SUPPORT. Our in-house immigration team comprises some of the
most knowledgeable and highly regarded attorneys, managers and migration advisors in the
industry. Duane Morris’ worldwide immigration practice, headquartered out of the firm’s San
Francisco office, represents clients and their employees in tandem with our colleagues in Latin
America, Europe and Asia. Our in-house experience, complemented by our network of legal
professionals spanning the world, allows us to think—and, more importantly, to act—globally.
In addition to their extensive client experience, they leverage their own personal global
immigration experiences to provide clients with the high touch and attentive service for which
Duane Morris is known.
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ABOUT DUANE MORRIS
OFFICE LOCATIONS & REACH
Duane Morris LLP, a law firm with more than 700 attorneys in offices across the United States and
internationally, is asked by a broad array of clients to provide innovative solutions to today’s legal
and business challenges.
London
Boston
New York
Chicago
Newark
Pittsburgh
Cherry Hill
Philadelphia
Wilmington Boston
Baltimore
Atlanta
New York
Chicago
Washington, D.C.
Newark
Houston
Pittsburgh
Cherry Hill
Philadelphia
Wilmington
Boca RatonBaltimore
Atlanta
Miami Washington, D.C.
Houston
Lake Tahoe
San Francisco
Silicon Valley
Las Vegas
Los Angeles
San Diego
Lake Tahoe
San Francisco
Silicon Valley
Las Vegas
Los Angeles
San Diego
Mexico
City
Boca Raton
Miami
Duane Morris Office
Representative / Liaison Office
London, Uk
Oman
Myanmar
Oman
Hanoi
Shanghai, China
Ho Chi
Minh City
Hanoi, Vietnam
Singapore
Myanmar
Ho Chi
Minh City
Sri Lanka
Singapore
Mexico
City
Duane Morris Office
Representative / Liaison Office
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FOR ADDITIONAL INFORMATION
For more information, please see DuaneMorris.com or contact any of our lawyers, including:
D EN YS E S A B A G H
CH A I R , I M M I G R A T I O N PR A C T I C E
DSabagh@duanemorris.com
202.776.7817
WASHINGTON, DC
V AL E N TI N E A. B R O W N
P AR TN ER
vbrown@duanemorris.com
215.979.1840
PHILADELPHIA
J OH N F. L ’E SP E R AN CE
P AR TN E R
JLEsperance@duanemorris.com
561.962.2114
BOCA RATON
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HEC T O R A . C HI C HO N I , P. A .
PA R T N ER
hachichoni@duanemorris.com
305.960.2277
MIAMI
LISA SPIEGEL
PA R T N ER
LSpiegel@duanemorris.com
415.957.3069
SAN FRANCISCO / SAN DIEGO
DUANE MORRIS IMMIGRATION PRACTICE
J ET J . S T I G T ER
PA R T N ER
MJStigter@duanemorris.com
415.957.3109
SAN FRANCISCO
This publication is for general information and does not include full legal analysis of the matters presented. It should not be construed or relied upon as legal
advice or legal opinion on any specific facts or circumstances. The invitation to contact the attorneys in our firm is not a solicitation to provide professional services
and should not be construed as a statement as to any availability to perform legal services in any jurisdiction in which such attorney is not permitted to practice.
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