Compliance, Visas, Permanent Residency and Naturalization
- Compliance – Form I-9, Audits, Unfair Practices, Sanctions
- Temporary Non-Immigrant Work Visas – H-1B, E, O, L-1, Others
- NAFTA – Canada and Mexico
- Permanent Residency – Immigrant Status Application, Adjustment of Status, Green Card, Condition Removal
- Labor Certification
- Derivative Visas– Immediate and Other Family Members
- EB-5 – Regional Centers
- Waivers – Bases of Excludability
- Naturalization and Citizenship
The nation’s immigration laws require knowledgeable counsel to explain the intricate, and often confusing, provisions to clients. TREMITI LLC performs a broad range of immigration services for business and eligible individual clients.
These services include general compliance, temporary non-immigrant work visas, immigrant visas, permanent residency applications, permanent (PERM) labor certification where required, derivative visas, naturalization and citizenship, EB-5 visas and regional centers and waivers on grounds of inadmissibility.
Compliance
TREMITI LLC advises and counsels its business clients about their responsibilities to comply with the nation’s immigration laws. As an example, TREMITI LLC counsels employers during the selection process about their obligations to hire only those job applicants who are authorized to work in the United States, and assists them with the necessary record-keeping. TREMITI LLC advises employers about sanctions that could be assessed for unfair immigration related employment practices.
If an employer is subject to an ICE (U.S. Immigration and Customs Enforcement) audit, TREMITI LLC is prepared to represent the employer during the audit process, counsel the employer if notices are issued, negotiate a resolution with ICE attorneys as required or, if necessary, represent the employer at hearing before an Administrative Law Judge.
The firm successfully negotiated a satisfactory resolution on behalf of a corporate client which was the subject of an ICE investigation. The issues presented included whether the Form I-9s were completed properly and whether the employer had a right to rely on what was thought to be valid permanent residency cards. In addition to a reduction in the fine amount, the firm obtained more neutral-friendly terms in the settlement agreement.
Temporary Visas, NAFTA
Over the years, TREMITI LLC has represented global business clients from Asia and Europe seeking investor, executive, managerial, artist and other related work visas.
TREMITI LLC prepares non-immigrant temporary work visas for employers seeking to hire foreign workers who would not otherwise be eligible to work in the United States. These visas include, but are not necessarily limited to, the H-1B, STEM applications pursuant to the H-1B,E visas, O visas, L-1A visas for intra-company transfers from foreign locations into the United States or to open a new office in this country and NAFTA related visas, such as the T visa, among others. TREMITI LLC assists employers with labor certification (PERM) requirements applicable to several, but not all, non-immigrant and immigrant visa petitions.
Immigrant Visas, Permanent Residency
In addition to temporary non-immigrant work visas, TREMITI LLC prepares immigrant visa petitions and adjustment of status petitions based, for example, on family relationship or work status. These petitions provide a pathway to permanent residency, also known as the “green” card.
If conditions are attached to approval of the permanent residency application, TREMITI LLC prepares the appropriate petition to remove those conditions on a timely basis, which permits the applicant to enjoy the privileges of full and complete permanent residency. TREMITI LLC also assists with any labor certification (PERM) requirements that must be satisfied as part of the immigrant petition process.
As an example, the firm represents a Canadian family whereby the wife, already a U.S. permanent resident, is seeking naturalization, the husband is seeking permanent residency abroad and a minor child, who is being sponsored by his mother, is seeking permanent residency.
Derivative Visas
As a part of the visa process, whether temporary non-immigrant visas or immigrant visas are pursued, TREMITI LLC prepares any necessary attendant, or derivative, visa applications for immediate family members. Immediate family members typically include a spouse and children. Derivative visas allow immediate family members to enter the United States pursuant to the principal applicant’s petition or application.
EB-5
The EB-5 visa is reserved for those who are able to invest certain substantial sums of money into projects that will ultimately lead to job creation in the United States, as long as all other eligibility criteria are satisfied. The most important aspect of the EB-5 visa to the foreign investor is that the visa, if approved, results in a clear path to permanent residency. Investments are usually made in projects through an existing economic or regional center or, if the investor is interested, through an economic or regional center of their own. TREMITI LLC counsels foreign investors about the EB-5 program and prepares the required visa documents on their behalf. Should a foreign investor prefer a regional center of their own, the process requires skilled attorneys and professionals in other related disciplines. TREMITI LLC teams with those attorneys and professionals to forge the strategic partnerships vital to a successful EB-5 visa experience.
Working closely with resources provided by one such strategic partnership forged between TREMITI LLC and a USCIS approved regional center in New York City, TREMITI LLC prepared, completed and filed an EB-5 visa application for permanent residency on behalf of the adult child of a Hong Kong based parent. TREMITI LLC and the regional center worked together to obtain an expert well versed in assisting clients with preparation of the required Source of Funds (SOF) report. The report was included with the extensive documentation and exhibits which comprised the submission.
Waivers
Our nation’s immigration laws provide certain bases of excludability for prospective immigrants. Should a potential applicant have, for example, a criminal record, it may be possible to obtain a waiver of that particular ground of excludability or inadmissibility. TREMITI LLC prepares the necessary applications on behalf of those clients who seek a waiver of a particular ground of excludability.
Naturalization
Once permanent residency is achieved, there may be a desire on the part of the permanent resident to pursue naturalization and citizenship. Typically, naturalization may be pursued after a defined period has elapsed from the date on which permanent residency was granted. TREMITI LLC can prepare the naturalization application on behalf of eligible individuals.
For example, TREMITI LLC prepared a successful naturalization application on behalf of an out-of-state client who was born overseas, adopted by U.S. citizen parents and who, as a result, became a permanent resident of the United States. The process took less than a year and the client is now a naturalized citizen.