Immigration & Nationality

Expertise

• A major information services company needs to qualify foreign computer personnel to develop or adapt applications of its software products for U.S. customers, and later to work on their installation
• An Asian electronics company, transmitting technology to a joint venture in the United States, wants to map out a plan to obtain visas for key personnel
• A U.S. advertising agency needs to gain petition approval for a British actor, critical to a series of new commercials
• In becoming CEO of a U.S. subsidiary, a transferring executive wishes to weigh the immigration and tax considerations in obtaining a "green card" against one of several nonimmigrant (temporary) visa options
• Management of a newly acquired company needs to know its legal exposure when it suspects that many of its personnel are aliens unauthorized to work

The number and quality of foreign students in the United States make them an attractive source of talent for many American companies. In the computer industry and other technical fields, personnel trained abroad are an important resource. Two other phenomena continue to draw money and settlers from abroad - the attraction of the United States as a site for manufacturing and service operations; and the continuing recognition of this country as a haven from political and economic instability. At the same time, the perceived need by Congress to protect U.S. workers has produced tensions in the immigration law that demand a higher level of understanding and sophistication. We have also seen within the most conventional areas of the law, including estate and income tax, banking, international, and employment law, how often immigration and citizenship questions arise.

The Satterlee Stephens Burke & Burke immigration & nationality practice is led by two partners, Stanley Mailman and Kenneth A. Schultz, who have many years of practical experience in immigration and nationality law and a reputation for scholarship. We offer a wide range of services in matters dealing with entry to the United States and the acquisition and loss of U.S. citizenship or lawful permanent residence ("the green card"). Since the passage of the Immigration Reform and Control Act of 1986 ("IRCA"), American employers have been subject to penalties for failing to follow specific hiring rules and for the knowing employment of aliens unauthorized to work. We provide assistance with the technical (I-9) requirements of this law, consulting with clients on the establishment of personnel procedures and manuals and, when appropriate, in regularizing the status of foreign employees.

We are regularly engaged by American and multinational companies in securing nonimmigrant (temporary) visas, e.g., H-1B for professional personnel, and L-1 for intracompany transferees. These visas may also be available to the employees of foreign companies whom we assist in establishing and staffing their new enterprises in the United States. And, under treaty arrangements, the nationals of some countries may enjoy the special benefits of the E-1 (treaty trader) or E-2 (treaty investor) visa, either as principals or key employees. The North American Free Trade Agreement (NAFTA) provides additional immigration benefits to business persons who are citizens of Canada or Mexico.

The Immigration Act of 1990 presents favorable opportunities for obtaining permanent residence through employment or investment in the United States. An ample supply of visa numbers should continue to be available for executive and managerial transferees, for people outstanding in their field, and for advanced research and teaching personnel. Our experience enables us to help applicants decide whether they qualify by these criteria, or can obtain residence via a Labor Department certification of worker shortage.

The entertainment industry and the arts traditionally count heavily on performers, directors, and technical crews from other countries. To qualify these personnel to work in the United States, we regularly do filings for advertising agencies, and film, television, and dance companies. Standards imposed by the 1990 Act require more care in the selection of the artist and crewmembers and in documenting their credentials.

During the critical nursing shortage of the past several years, lawyers in our firm have developed extensive experience with the immigration problems associated with hiring foreign nurses. Primarily as counsel to New York hospitals, we have worked closely with the Immigration Service, congressional staffs, and bar associations, in the effort to make our laws and regulations friendlier to health-care professionals from abroad. In filing many hundreds of H-1 petitions for those personnel, and in extending or changing their status, we are familiar with the difficult immigration issues that medical facilities face. We have also represented clients in enforcement proceedings brought by the Department of Labor under the immigration laws. With the end of the Immigration Nursing Relief Act, and with the changing rules of health-care, we are working to give our clients more flexibility in meeting their staffing needs.

We routinely keep our clients abreast of the frequent changes in immigration statutes, and the regulations, decisions and policies of the principal government agencies that administer our immigration laws: the Immigration and Naturalization Service, the Department of State and the Department of Labor.

Our foreign language capabilities include French, Spanish, German, Russian, Mandarin, Cantonese and Japanese.

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