In today's global economy, competitive businesses need to employ the best and most skilled workers from around the world. For Foley Hoag’s clients, hiring employees with the right expertise or the most innovative ideas can often be the most important element in their success. To compete on an international scale requires U.S. companies to hire and transfer personnel across borders.
Employing foreign nationals in the United States, however, requires careful attention to U.S. immigration laws. Foreign companies doing business in the United States must to be equally concerned with U.S. immigration procedures. In fact, securing the proper visa or work status for key personnel should be one of the most important first elements in strategic planning for establishing a U.S. office or business operation.
As a top legal firm with offices in Boston, New York, Paris and Washington D.C., Foley Hoag provides clients with the benefit of our 30 years of legal experience getting qualified foreign nationals the right to work for employers in the United States. The firm’s Immigration Practice understands that U.S. immigration procedures can be complex and intimidating, particularly in the post-September 11 environment. Successfully working through the maze of immigration laws requires careful planning, thorough analysis of the circumstances surrounding each case, selection of an appropriate strategy, and thoughtful preparation of the paperwork necessary to secure approval.
To enter and remain in the United States, a foreign national must qualify for admission within a specific temporary or permanent immigration status. Generally, this requires very specific advance filing procedures and/or a visa application at a U.S. consulate abroad. There are many categories of immigration status, and a foreign national, along with his or her employer, must seek the legal status, and any necessary visa, best suited for their needs. There are two broad categories: temporary (also known as "nonimmigrant") and permanent resident (known as "immigrant") status, and within each there are many classifications.
Our immigration lawyers can help you with all of these elements to help ensure that your business remains competitive.
Nonimmigrant Status
Nonimmigrant status is granted for a specific period of time and a specific purpose. We help clients with the myriad of categories that permit business activities, study or, in certain situations, employment of a foreign national, usually by a specific employer.
Permanent Resident Status
We assist employers with matters pertaining to permanent resident status which allow a foreign national to live and work indefinitely in the United States. A foreign national can seek permanent resident status based on a job offer from a U.S. employer or high-level qualifications offering a benefit to the United States.
Employer Sanctions
Since 1986, federal law has made it unlawful for a company to employ a foreign national who is not authorized to work. Federal law also imposes on employers an affirmative duty to verify the identity and work authorization of every new employee, and to keep a record of that verification. At the same time, the law prohibits employers from discriminating based on national origin, citizenship status, or intending citizenship status. Violation of any of these provisions can result in substantial civil penalties and, in extreme cases, criminal penalties.
At Foley Hoag, we assist employers in the development and implementation of legal procedures needed to comply with these requirements. We also advise our employer clients who have had difficulties with specific aspects of these employment obligations.
Foreign Immigration Law
We also assist employers on the visa requirements of other countries. In some cases, our lawyers assist our employer clients throughout the foreign visa process. In other cases, we provide a general overview of the foreign legal system and direct employers to appropriate foreign agencies. We are the only Massachusetts member of Lex Mundi, the world’s largest international association of independent law firms. Through these contacts, and other immigration resources, we can provide our clients with access to comprehensive immigration information for most countries.
An Interdisciplinary Approach
In many situations, our immigration clients need advice in other areas of the law, such as international transactions, corporate law, export control, labor and employment law, taxation and intellectual property.
As a full-service law firm, with experienced practitioners in all of these areas, we can establish an interdisciplinary team from the relevant practice areas to meet all of your needs. Our immigration lawyers also call on the specific experience of other lawyers at the firm to assist clients with specific issues or questions.
Additional Resources
U.S. Citizenship and Immigration Services (formerly INS)
U.S. Department of State, Bureau of Consular Affairs
U.S. Department of Labor, Employment & Training Administration, Foreign Labor Certification
American Immigration Lawyers Association (public site)
ILW.com and Immigration Daily
