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GERTSBURG LICATA TAKES CARE OF ALL IMMIGRATION ISSUES

Gertsberg Licata’s expertise centers on dealing with the complexities of the U.S. immigration system. Our immigration practice helps businesses increase its workforce through the legal process of obtaining immigration visas. Our attorneys represent all types of clients, from large corporations to small and midsize companies, nonprofit organizations, individuals, and business owners in need of legal counsel on immigration matters.

The federal government puts numerous roadblocks in the way of non-citizens who want to live and work in the U.S. and the companies trying to hire them. Such issues include quotas on certain nationalities, guidelines that favor some occupations over others, and sometimes arbitrary, unappealable denials. Gertsburg Licata provides a variety of immigration services to businesses with a range of immigration and visa needs.

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Our Services

Non-Immigrant Work Visas

Non-immigrant work visas allow non-citizens to visit the U.S. for specific purposes as long as their stays are temporary and have an exact departure date. Gertsburg Licata’s immigration attorneys advise companies looking to hire foreign nationals about their visa options and help them secure the visas they need. We also help individuals with their applications who are planning to work in the U.S.

Most common non-immigrant work visas:

  • H-1B and H-1B1 work visas: these are used for jobs that require a bachelor’s degree or a higher degree in a specific academic field. The applicant must have an employer sponsor.
  • H-2A and H-2B work visas: these visas are for seasonal positions, often agricultural, for which a company cannot find enough U.S. citizens to carry out the job.
  • L-1A and L-1B work visas: these are used by multinational companies wishing to temporarily transfer foreign employees to one of their U.S. offices.
  • O-1 visas: these visas are for individuals with “extraordinary abilities” in science, the arts, education, business, or athletics.
  • P-1A, P1-B, P2, and P-3 visas: these are used by foreign artists or entertainers.

Gertsburg Licata’s immigration attorneys have decades of experience with USCIS practices and guidelines. We can help all visa applicants apply for the appropriate visa category and guide them through the entire process.

Immigrant Work Visas

U.S. employers who wish to permanently bring foreign nationals into the United States because of a particular skill or experience can arrange for immigrant work visas. These visas lead to Permanent Resident Cards, commonly known as Green Cards. To be eligible to transfer foreign nationals to the U.S., a company must first apply for and receive Permanent Labor Certification from the U.S. Department of Labor. Gertsburg Licata helps HR departments apply for a Permanent Labor Certification, then guides them through the administrative procedures required to transfer foreign professionals to U.S. offices, including obtaining and submitting all necessary documentation.

Citizenship and Naturalization

Once a non-citizen aged 18 or older has had a Green Card for five years (or three years, if married to a U.S. citizen), they may apply for citizenship. Becoming a citizen will make them eligible for rights and privileges only available to U.S. citizens, including the right to vote and to run for state and federal offices.

The naturalization process is lengthy, and applicants must have a basic knowledge of English and be able to explain how the United States government and its political systems work. An applicant must submit a completed N-400 form and the required documentation, then sit for an interview with a naturalization officer.

While the process is relatively straightforward, many potential obstacles along the way can hinder the path to citizenship, including a criminal record; forms that have not been filled out completely; discrepancies in other, previously submitted USCIS forms; or the failure to have fulfilled all citizenship requirements. Gertsburg Licata appreciates the value of U.S. citizenship and understands the challenge of earning it. Our thoughtful, detail-oriented attorneys and staff guide clients through the process, filling out and double-checking the forms before they’re submitted and providing advice and support along the way.

“Crimmigration”

“Crimmigration” refers to the U.S. immigration system’s increasing tendency to treat even minor legal infractions as a rationale for deporting otherwise law-abiding individuals—even those who’ve lived in the country for an extended time and have a non-immigrant visa or a Green Card.

Previously, the U.S. deported foreign nationals to their countries of origin only after they were convicted of a serious crime. In the last few years, however, federal immigration policies have been broadened to allow for the automatic deportation of visa holders who have been charged with a crime, even if they have not yet had a trial, and people who have committed acts which may later result in criminal charges. The consequences of the “crimmigration” approach can be devastating to people who have built new lives in the U.S.

Gertsburg Licata’s immigration attorneys and staff help clients pursue the best options available to them and advocate on their behalf before immigration judges.

Deportation Defense

Visa holders and foreign permanent residents may abruptly find their legal status in jeopardy if the Department of Homeland Security initiates deportation proceedings based on a minor infraction, such as overstaying a visa or accidentally listing false information on a government form.

Gertsburg Licata immigration attorneys understand the deportation process and the legal steps involved. We can help you prepare a defense— whether it’s in showing that the government is unable to justify your removal, proving that ongoing safety threats in your home country should prevent your return, or making the case that your long residence in the U.S. without legal problems justifies canceling the deportation order.

If you, your company, or someone you know needs help with a visa or immigration issue, call Gertsburg Licata at (216) 573-6000 or fill out our contact form.

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