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Immigration

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Global Business Needs

McNair takes a global focus to help employers secure the talent of highly skilled foreign nationals, including multinational executives and managers, engineers, scientists, researchers, professors and physicians. We have a dual focus in all our immigration work. If you are an employer, we know that you may be unfamiliar with complex and constantly changing immigration laws, and will work closely with you to achieve your overall business objectives as we craft solutions to help you secure the skilled personnel you need. And if you are an employee who undertakes a job assignment in the United States, we are available to provide you and your family with service to provide whatever immigration or other assistance you need.

We help clients secure temporary nonimmigrant visas: H1B and TN visas for professionals, L visas for intra-company transferees, E/2 visas for treaty traders and investors, and O and P visas for aliens of extraordinary ability. In addition to obtaining nonimmigrant visas, we also facilitate the nonimmigrant renewal process both with the U.S. Citizenship and Immigration Service and foreign consulates abroad. Finally, we prepare amendments that may be necessary when a temporary foreign employee is promoted, transferred, or terminates his or her employment.

McNair advises each employer on the best visa to pursue in a given situation, and creates the appropriate processing strategy, including alternative nonimmigrant visas. This firm understands the needs of employers in industries such as manufacturing, technology, health care, food service, construction, consulting and education. Our overall administration process is a fully integrated blend of direct communication, hands-on attention to detail and sophisticated use of technology. Above all, whether you are an employer or employee, we provide service and guidance no matter how complex the issue.

Example of our Services
Throughout the year, one of our manufacturing clients must temporarily transfer specialized-knowledge, highly-skilled personnel from Europe and Asia to installation projects all over the United States. We quickly turn around the visa applications so these essential workers are able to enter the United States and work as soon as they are needed.

We also secure immigrant visas, also known as “green cards,” so that companies can permanently employ foreign employees. In most instances, the process requires the employer to obtain labor certification from the Department of Labor (“DOL”) as an initial step in the permanent residency process. The DOL has overhauled its system and is continuously changing their policies and standards, resulting in audits. We are adept at responding to audits and resolving problem cases. In addition, we utilize other immigrant visa categories which may not require labor certification, such as extraordinary ability, multinational managers, outstanding researchers and professors, national interest waivers, pre-certified cases, exceptional ability aliens, and EB-5 investors.

We provide legal services at every stage of the immigration and naturalization process. This includes handling applications and petitions before the U.S. Citizenship and Immigration Services (CIS), the U.S. Department of Labor and the U.S. Department of State, and processing visas through the State Department and U.S. consulates. While our practice focuses on business clients, we also provide family-based immigration services for relatives of U.S. citizens and lawful permanent residents. McNair handles all types matters involving immigrant and non-immigrant visas, as well naturalization and citizenship, and immigration compliance. And we can represent you no matter where you are – throughout the U.S., or around the world.

Example of our Services
When employers bring foreign nationals to the U.S. for work assignments, they rely on McNair for the personal help needed if family members also come to this country. We help spouses and children with obtaining proper documentation for entry to the U.S., to securing school admission, Social Security identification, and driver’s licenses for family members once they are in this country.

If you are an employer, you might think that employment eligibility verification for your employees is a simple matter of completing the Form I-9 form. We know from experience that the process is more complex than that. We can help you fulfill your complete responsibilities to verify both an employee’s identity and eligibility without violating the various relevant laws governing discrimination.

Much of what we do involves counseling business personnel and human resource departments on managing their I-9 records to prevent compliance problems (such as separating immigration records from personnel files), especially in industries that are frequently targeted by the U.S. Department of Homeland Security - Immigration and Customs and Enforcement (ICE) for random audits. We also help defend businesses facing ICE investigations. McNair’s capabilities in both immigration and employment law help employers meet their compliance responsibilities without exposing them to discrimination claims.

Example of our Services
Employers aren’t the only clients that McNair advises on complex issues of immigration and employment. As more municipalities and county governments enact legislation regarding the employment of illegal immigrants, we increasingly are advising these public clients on appropriate language for ordinances to ensure that they are constitutional.