Immigration

OVERVIEW

Managing global mobility and immigration compliance for businesses, families, and individuals

With intricate requirements, strict deadlines, and evolving policies, noncompliance with immigration laws can result in serious consequences, including work disruptions, fines, penalties, and reputational damage. It is crucial for businesses to partner with a trusted immigration law firm to mitigate these risks and ensure a smooth and compliant immigration process.

Dunlap Bennett & Ludwig’s immigration attorneys have extensive knowledge of the intricacies of the immigration system and stay up to date on the latest regulations and policy changes. We take a personalized approach with each client, helping businesses, families, and individuals address the complexities of immigration law.

Our experience in immigration law

Dunlap Bennett & Ludwig works with employers who wish to sponsor skilled workers for nonimmigrant visas. We assess our clients’ short- and long-term needs and identify the best legal strategy to meet their unique immigration law challenges. Our law firm specializes in filing employment-based visa applications, including B-1, E-1, E-2, E-3, H-1B, I, L, O, P, Q, R, and TN visas as well as EB-2, EB-3 and EB-5 green cards.

Dunlap Bennett & Ludwig’s attorneys work with companies to secure various employment-based visas, including H-1B visas for specialized workers, L-1 visas for intracompany transferees, E visas for investors, and TN visas for professionals under NAFTA.

We also work with clients to prepare and file PERM applications, increasing the likelihood of successful outcomes. We also guide businesses through the employment-based green card process, including preference categories such as EB-1, EB-2, and EB-3. Our attorneys assist with labor certifications, adjustment of status, and consular processing, navigating each step with precision and expertise.

We provide comprehensive compliance assistance to businesses, including guidance on I-9 employment verification, E-Verify, and other compliance requirements. We help businesses establish robust compliance programs, conduct internal audits, and address potential vulnerabilities.

For families and individuals, we help you understand the requirements and documentation needed to achieve family reunification. We also help individuals adjust their status to become permanent residents, including filing the application, gathering the necessary documents, and representing you during interviews and hearings. Additionally, we assist individuals in obtaining U.S. citizenship through the naturalization process, guiding you through eligibility requirements, form completion, and naturalization interviews and examinations.

If you or a loved one is facing deportation proceedings, our experienced attorneys will provide strong representation to defend your rights and pursue available options for relief. We will thoroughly assess your case, explore potential defenses, and advocate for your best interests before immigration courts. We also handle waivers and appeals for individuals who have been denied visas, green cards, or other immigration benefits. Our attorneys will evaluate your case, prepare persuasive arguments, and advocate on your behalf to seek a positive resolution.

What we do

Business, Investor & Family Immigration, Non-Immigrant & Immigrant Visas
General Immigration

Frequently Asked Questions

What are an employer’s compliance obligations when hiring foreign workers?

All U.S. employers must complete Form I-9, Employment Eligibility Verification, for each person they hire to work in the U.S., including U.S. citizens. Employers must complete the form on time, review identification documents, retain the form for a certain period, and reverify employment authorization when required. Federal contract terms or state law may require an employer to use E-Verify, an online system that compares information from an employee’s Form I-9 with government records to confirm that the employee is authorized to work in the U.S. Employers sponsoring foreign workers may have additional duties involving wages, working conditions, public-access files, workplace notices, and material changes in employment. An attorney can conduct an internal audit to identify incomplete or inaccurate records so the employer can correct them before incurring liability.

What visa options exist for a company that wants to hire a foreign professional?

The options depend on the position, the employee’s background, the employment relationship, and how long the person plans to work in the U.S. Common categories include the H-1B visa for specialty occupations, the L-1 visa for employees transferring within a related group of companies, the O-1 visa for people with extraordinary ability or achievement, and the TN visa for certain Canadian and Mexican professionals. Other categories may apply based on the employee’s citizenship, profession, or proposed work. Work with an immigration attorney to identify the best visa category and understand the applicable timeline.

How does employment-based permanent residence work?

The process depends on the employment category. Many employer-sponsored cases in the second and third employment-based preference categories, known as EB-2 and EB-3, begin with the permanent labor certification process, PERM. The employer defines the job requirements for the position, obtains a prevailing wage determination, and attempts to recruit qualified U.S. workers. Then the employer files an immigrant petition. When an immigrant visa becomes available, the employee may apply to adjust status to U.S. permanent residence or complete the immigrant visa process through a U.S. consulate abroad. In some cases, the employee can file the permanent residence application at the same time that the employer files the immigrant petition. Other categories, including some EB-1 cases and EB-2 national interest waivers, don’t require PERM. The timeline depends on the employee’s preference category, government processing times, visa availability, and the employee’s country of birth.

What immigration options are available to investors and entrepreneurs?

It depends on the investor’s or entrepreneur’s citizenship, ownership interest, investment, business plan, qualifications, and long-term goals. The E-2 treaty investor visa may allow a national of a qualifying treaty country to develop and direct a U.S. business they invested in substantially. The EB-5 program may provide a path to permanent residence for an investor who invests the required capital in a qualifying business and creates the required U.S. jobs. Some founders may qualify through employment-based categories based on their education, experience, achievements, or the importance of their work. Given how intertwined these legal issues can be, it’s prudent to work with an immigration attorney to structure your investment, corporate entity, and immigration strategy at the same time.

Can I sponsor a family member?

It depends on your immigration status and your relationship to the family member. U.S. citizens may petition for spouses, children, parents, and siblings, although age and marital status requirements apply to some categories. Lawful permanent residents may petition for spouses and unmarried children, but not parents or siblings. U.S. citizens may also be able to seek fiancé or fiancée visas. Immediate relatives aren’t subject to annual numerical limits, while others may wait years for a visa to become available. An immigration attorney will help you determine the proper category, document the relationship and financial sponsorship, prepare for interviews, and respond to requests for additional evidence.

What happens if a sponsored employee changes jobs, duties, or work locations?

The answer depends on the employee’s visa category and the extent of the change. A promotion, reduction in hours, change in job duties, new worksite, transfer to a related company, leave of absence, or termination may require a new filing, an amended petition, or another immigration step. Employers should involve immigration counsel before implementing a significant change rather than waiting until the next extension or government filing reveals the problem.

My visa or status situation has changed unexpectedly. What should I do?

Get legal advice as soon as possible. Don’t assume that filing or planning to file an application permits you to remain in the country, work, or travel. Job loss, divorce, a denied petition, expiring status, an arrest, or an unexpected need to travel can change your options. Certain workers may qualify for a grace period after employment ends, but the period isn’t automatic in every case, and it may end sooner if your authorized stay expires. Other situations may require a change or extension of status, a new employer petition, or departure from the U.S.

Can you help me become a U.S. citizen?

Yes. Our immigration attorneys review eligibility, prepare your application and supporting records, and prepare you for the interview and examination. We also assist clients with Certificates of Citizenship, Consular Reports of Birth Abroad, and other citizenship matters. If you are a lawful permanent resident, you may qualify for naturalization after meeting requirements involving residence, physical presence, good moral character, English proficiency, and knowledge of U.S. history and government. Different rules may apply to spouses of U.S. citizens and military members. Note that any travel outside the U.S., taxes, criminal history, selective service registration, or information that you provided in earlier immigration filings can complicate an application, so make your attorney aware of these circumstances.

What can I do if my visa, green card, or other immigration application is denied?

A denial doesn’t always end the matter. You may be able to file a motion for reconsideration, pursue an administrative appeal, submit a new application, or seek a waiver, depending on the type of case and the reason for the decision. Some applicants need a waiver because of unlawful presence, a prior removal, fraud or misrepresentation, or criminal conduct. Each option has eligibility requirements and deadlines. We will review the decision and the underlying record, explain your options, and prepare waivers, motions, or appeals if the law and facts support proceeding.

Do you handle asylum and removal proceedings?

Yes. We assist eligible individuals with affirmative asylum applications filed with the U.S. Citizenship and Immigration Services (USCIS) and represent people facing removal from the U.S. The defenses and relief depend on your immigration history, family relationships, fear of returning to another country, and length of residence. Our attorneys will work with you to evaluate possible avenues of relief, prepare evidence and witnesses, represent you in immigration court, and file appeals.

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