Immigration


Employment-Related Immigration Sponsorship

Immigration and Worksite Enforcement


Immigration-related regulations and laws impact companies of all sizes and types. To handle increased government scrutiny and enforcement pressure faced by employers in today's global markets, McGuireWoods offers a comprehensive approach to immigration matters. Unlike boutique firms that deal solely with immigration law, we provide a wider perspective. We have corporate and employment lawyers who know the ins and outs of creating foreign-owned U.S. business entities or employing foreign nationals; and our government investigations lawyers are experienced in representing companies in government investigations of employment of non-immigrants, permanent residents and U.S. citizens.

McGuireWoods provides immigration legal services to a broad range of business clients, including multinational corporations, emerging businesses, universities, hospitals, nonprofits, hospitality companies, religious organizations and entrepreneurs.

The firm has extensive experience handling ICE workforce enforcement measures. We provide I-9 compliance advice and auditing, conduct internal investigations, and design and implement employment eligibility verification programs.

When advising on and preparing visa petitions, we know that all relevant laws must be considered – not just those that specifically apply to immigration. Employers also must comply with labor and employment laws in making submissions to the Departments of Homeland Security, Labor or State, or in setting up employment verification programs. Clients seeking visas to start new U.S.-based businesses must comply with relevant corporate and tax law. We ensure that no pertinent law or requirement is overlooked.

Employment-Related Immigration Sponsorship

Clients count on us to obtain temporary and permanent resident visas to allow foreign nationals to work in the United States.

Experience

  • H-1B Visas – Represent U.S. employers in hiring IT professionals, financial analysts, engineers, sales managers, business executives, professors, doctors, scientists, and other educated and skilled professionals from around the globe.
  • L-1 Visas – Prepare and process visas for the intracompany transfer of managers, executives and specialized knowledge personnel from foreign companies to related U.S. companies.
  • E-1 Treaty Trader & E-2 Treaty Investor Visas – Obtain visas for investors, managers, executives, and key employees from Europe, Asia and the Americas to come to the United States to establish and run businesses.
  • Employment-Based Permanent Resident Visas – Handle permanent resident or "green card" applications in all employment-based categories for individuals from dozens of countries, including those with extraordinary abilities in business, education, the sciences, arts and athletics; outstanding professors and researchers; managers and executives of multinational companies; advanced-degree professionals, including those seeking national interest waivers; professional workers with bachelor’s degrees; and skilled and unskilled workers.
  • H-3 Visas – Work with U.S. companies and institutions to bring foreign nationals to the United States to participate in established training programs.
  • O-1 Visas – Aliens with Extraordinary Ability – Obtain O-1 visas for foreign nationals of extraordinary ability in athletics, the sciences, arts, education or business, including advisory opinions from an appropriate labor organization.
  • P-1 Visas – Athletes, Entertainment Groups, and Artists – Obtain P-1 visas for athletes, entertainment groups and artists, including advisory opinions from an appropriate labor organization.
  • TN-1 – Obtain TN-1 visas for individuals from Canada and Mexico under the North American Free Trade Agreement.

We provide creative solutions to difficult cases, establishing a foreign national’s extraordinary ability, obtaining national interest or two-year home residency requirement waivers, or obtaining visas for individuals who do not easily fall into any relevant visa category.

Immigration and Worksite Enforcement

U.S. Immigration and Customs Enforcement (ICE), the principal investigative arm of the Department of Homeland Security (DHS), focuses much of its enforcement efforts on employers. In the last five years, ICE has:

  • Audited more than 8,000 companies.
  • Debarred more than 700 companies and individuals.
  • Imposed more than $100 million in fines on employers and company principles (with many of these fines being for mere paperwork violations).

ICE’s worksite enforcement compels all employers to have comprehensive policies and procedures for ensuring that all employees are authorized to work in the United States. In addition, employers should regularly monitor these policies to ensure they are being followed and that they comply with all relevant anti-discrimination laws, which are monitored and enforced by the U.S. Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices.

Our Immigration Compliance and Worksite Enforcement attorneys have extensive experience assisting clients with the following:

  • Developing immigration and employment eligibility verification compliance programs and written policies and procedures.
  • Providing Form I-9 training.
  • Performing Form I-9 reviews and audits.
  • Providing E-Verify training and compliance reviews.
  • Defending criminal investigations and notices of inspection.
  • Conducting immigration-related internal investigations.
  • Keeping employers abreast of changes and trends in I-9 laws and enforcement.
  • Training internal compliance experts.
  • Providing immigration and Form I-9 compliance and risk assessments for mergers and acquisitions.
  • Obtaining nonimmigrant and immigrant visas for employees and creating and maintaining public access and PERM files.
  • Advising universities and schools on SEVIS-related matters.
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CONTACTS

Alex J. Brackett Partner T: +1 804 775 4749
David Z. Izakowitz Senior Counsel T: +1 434 977 2574
Jacquelyn E. Stone Partner T: +1 804 775 1046
Results 1-12 of 12
Representative Matter

National I-9 and E-Verify Counsel

Ongoing representation of a major Fortune 500 company as its national I-9 and E-Verify compliance counsel. Revised policies and procedures related to employment eligibility verifications and provided I-9 and E-Verify training for HR and in-house counsel.
Representative Matter

False Identification and I-9 Compliance Investigation

Advising a manufacturing company in an I-9 investigation brought by the U.S. Attorney’s Office for the Eastern District of Virginia related to whether company personnel had been involved in knowingly hiring of employees not authorized to work in the United States who presented false identification, assisting employees in obtaining false identification and otherwise failing to comply with I-9 requirements.
Representative Matter

Criminal Immigration Investigation

Representation of a national food distributor in a criminal immigration investigation involving allegations of knowingly hiring employees not authorized to work in the United States.
Representative Matter

Resolved I-9 Investigation Favorably

Representation of a major food processor in an I-9 investigation by ICE related to employees providing fraudulent documentation during I-9 process and whether employees were carrying out the process appropriately. Resolved favorably and subsequently conducted a comprehensive I-9 audit.
Representative Matter

ICE I-9 and E-Verify Investigation

Representation of a major Fortune 500 company in an investigation by Immigration and Customs Enforcement. Coordinated internal review of I-9 and E-Verify records and served as liaison with ICE for the client, negotiating on issues relating to proper application of electronic storage regulations and potential substantive violations. Also developed and revised policies.
Representative Matter

Immigration Counsel for Over a Decade

Provide ongoing advice and representation to international financial analytics provider, with several foreign subsidiaries, on hiring foreign workers in various non-immigrant statuses in a variety of categories, including H-1B, L (including blanket L), TN, E-3, and F-1; and obtaining green cards based on labor certifications and as multinational managers.
Representative Matter

Internal Immigration Reviews and Trainings

Conducted nationwide internal I-9 and E-Verify review for a major food processor and provided a series of trainings on I-9 and E-Verify compliance to HR personnel; and continuing legal education seminar on immigration law to internal legal staff.
Representative Matter

I-9 Compliance and Internal Investigation

Representation a major Fortune 500 company an in internal investigation related to I-9 Compliance. Conducted internal investigation regarding complaint of alleged fraudulent document ring. Conducted on-site interviews and analysis of I-9 files. Counseled client on use of verification methods in determining employees’ work authorization and on issues regarding Union involvement.
Representative Matter

Counsel to Higher-Ed on Immigration and I-20 (SEVIS) Matters

Acted as counsel to colleges and universities on all immigration-related matters, including obtaining nonimmigrant status for faculty and staff (e.g., H-1B, J-1); obtaining green cards based on special procedures for faculty and for outstanding professors and researchers, J-1 programs; and SEVIS-related matters, including response to ICE notice of intent to de-certify program.
Representative Matter

No Charges Filed in DOJ H-2B Visa Investigation

Representation of a human resources director who was targeted in a Department of Justice immigration criminal investigation related to the H-2B visa program. Investigation concluded without any charges being filed.
Representative Matter

I-9 Criminal Investigations

Handled a series of investigations into the I-9 processes for three different clients in the agriculture and energy industries.
Representative Matter

E-1 and E-2 Visas

Advised investors on setting up companies in U.S. that complied with E-1 treaty trader and E-2 treaty investor visa requirements and in obtaining E-1 and E-2 visa for investors, executives, managers and key employees.
Results 1-12 of 12
Alex J Brackett Alex J. Brackett
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4749
F: +1 804 698 2089
vCard
Nicholas Heuer Nicholas J. Heuer
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 3654
F: +1 312 698 4549
vCard
David Z Izakowitz David Z. Izakowitz
Senior Counsel
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2574
F: +1 434 980 2268
vCard
Matthew D. McKim Matthew D. McKim
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

Tower Two-Sixty
260 Forbes Avenue
Suite 1800
Pittsburgh, PA 15222-3142

T: +1 312 849 8156
F: +1 312 698 4512
vCard

T:+1 412 667 7930
F: +1 312 698 4512

Photo of Alex Villareal O'Rourke Alexandra Villarreal O'Rourke
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 4632
F: +1 704 444 8701
vCard
Matthew Orso Matthew E. Orso
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 4629
F: +1 704 444 8823
vCard
Susan C Rodriguez Susan C. Rodriguez
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2303
F: +1 704 444 8788
vCard
Brandon M Santos Brandon M. Santos
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4745
F: +1 804 698 2194
vCard
Jacquelyn E Stone Jacquelyn E. Stone
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1046
F: +1 804 698 2183
vCard
Howard C Vick Jr. Howard C. Vick Jr.
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4340
F: +1 804 698 2247
vCard
Results 1-20 of 60
Show All
Legal Alert

Increased Immigration Worksite Enforcement Looming in 2018

Subject to Inquiry
October 30, 2017
Legal Alert

H-1B Employers Face Increased Site Visits

Subject to Inquiry
April 18, 2017
Legal Alert

Big Changes Come With The New Form I-9 Published by USCIS

Subject to Inquiry
November 15, 2016
Legal Alert

Increased Fines on the Horizon for Immigration Law Violations

Subject to Inquiry
July 7, 2016
Legal Alert

Conducting Internal I-9 Audits – ICE and DOJ-OSC Provide Joint Guidance

Subject to Inquiry
December 17, 2015
Legal Alert

Food Industry Outlook for 2015

February 27, 2015
Legal Alert

The Importance of Getting It Right

Employment Eligibility Verification

Law 360
May 7, 2014
Legal Alert

2014 Food Industry Outlook

January 8, 2014
Legal Alert

Integrating E-Verify into your Existing Form I-9 Process

Subject to Inquiry
June 17, 2013
Legal Alert

E-Verify - Upcoming Deadlines in Georgia, North Carolina and Tennessee

Subject to Inquiry
December 26, 2012
Legal Alert

Back to Basics

Top 10 Must Haves for Immigration Compliance

Subject to Inquiry
December 7, 2012
Legal Alert

The Food Industry Must Have Immigration Compliance on Its Radar Screen

Subject to Inquiry
October 8, 2012
Legal Alert

Corporate Deals Must Include Immigration Compliance Due Diligence

Subject to Inquiry
September 6, 2012
Results 1-20 of 60