Corporate Representation

Many of the thriving technological and scientific companies based in Boston take advantage of the global workforce and hire talented and skilled people based in other countries to join their teams. Bringing foreign workers into the United States is an involved undertaking, and it is wise for businesses who want to hire international employees to engage the services of lawyers proficient at tackling the complicated immigration process. At O’Neil & Hauser P.C., our skilled corporate representation immigration attorneys routinely help businesses bring workers from other countries to the United States, and over ninety percent of our overall practice is dedicated to immigration. Each of our attorneys has more than twenty years of experience handling immigration matters, granting us the skills needed to obtain prompt and effective resolutions. Our office is in Boston, and we aid clients with immigration issues globally.

All United States employers have an obligation to comply with federal immigration laws and regulations, and if they do not, they can face significant penalties. Under the Immigration Reform and Control Act of 1986 (IRCA), all employers must confirm the employment authorization of any employee hired after November 6, 1986, via Form I-9. They must also retain their Form I-9 forms and provide them to US Immigration and Customs Enforcement (ICE) inspectors upon request. Some employers are also required to enroll in the E-Verify employment eligibility verification system, which is a system that allows employers to confirm their workers’ employment authorization and social security numbers. E-Verify is managed by the Department of Homeland Security and the Social Security Administration.

There are numerous nonimmigrant work visas sought by corporations for temporary foreign workers. Before filing a petition for a nonimmigrant visa, a United States corporation may be required to obtain a certified labor condition application (LCA) from the Department of Labor (DOL. In order for the DOL to certify a labor condition application, an employer has to attest that the worker will be paid a wage that is no less than what other similarly qualified workers receive, and if it is more, that it is the prevailing wage for the job and region. The employer must also prove that it will provide working conditions that will not negatively impact other workers with similar jobs and that there is no lockout or strike at the place of business of the prospective temporary worker. Some employers must also maintain Public Access Files (PAF) that are available for inspection by any member of the public, and the DOL can inspect both the PAF and other information supporting the employer's attestations that are subject to investigation by the DOL.

Employers seeking to sponsor foreign employees for immigrant work visas, which will ultimately grant them permanent resident status, frequently have to begin the process by filing a permanent labor certification application (PERM). Before filing PERM applications for foreign workers, employers must embark on public recruitment campaigns to test the United States labor market for United States citizens that are qualified for the job in question and must demonstrate that no United States workers are qualified and willing to perform the job in question at a wage comparable to that offered to the prospective worker.

Companies in Boston and throughout the Country often conduct international employee searches to identify the best candidates for their open positions and ultimately decide to bring foreign employees to the United States. If you need help with a business immigration matter, the experienced Boston corporate representation immigration attorneys of O’Neil & Hauser P.C. can advise you of your options and help you seek a prompt and favorable resolution. Many of our attorneys are bilingual, and we offer translation services in several languages, including Portuguese, Spanish, Cantonese, Mandarin, Greek, Italian, French, and Arabic. We have an enduring relationship with numerous government agencies thanks to the longevity of our practice, and we are members of the American Immigration Lawyers Association. You can contact us through our online form or by calling our Boston office at (617) 426-8100 to schedule a meeting.