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Employment Based Immigration Cases

At Chapman &  Roberts, P.A.  we know how important it is that your business be staffed by the best and brightest people, regardless of where they are from. We can help make sure that all your international employees have the proper authorization, so that you can get back to business.

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We are experienced and can assist with the following: 

Temporary Work Visas 

Temporary Work Visas such as:

  • H-1B Specialty Occupations and Fashion Models

  • L-1 and L-2 Intracompany Transferee Visas

  • E-1 and E-2 Treaty Trader or Investor Visas

  • E-3 Certain Specialty Occupation Professionals from Australia

  • Canadian and Mexican TN visas (NAFTA)

  • O-1 Individuals with Extraordinary Ability or Achievement

  • P-2 and P-3 Athletes, Artists, and Entertainers

  • R-1 Temporary Religious Workers

  • Extension or Changes of Status

Employment Based Visas That Lead to Permanent Status 

  • EB-1, Priority Workers

    • Extraordinary ability in the sciences, arts, education, business, or who are athletes who have national or international acclaim and whose achievements are recognized in their fields.

    • Outstanding professors or researchers.

    • Certain multinational executives or managers.

  • EB-2, Advanced Degree Professionals

    • members of the professionals holding advanced degrees or

    • those with exceptional ability in the sciences, arts, or business

  • EB-3, Skilled Workers

  • EB-4, Special Immigrants

  • EB-5, Employment Creation Investors

National Interest Waiver 

The majority of employment-based cases that allow a foreign national to apply for a green card require a labor certificate. This can be a costly and time consuming process. However, for those individuals who fall into the EB-2 category, the labor certification can be avoided if the individual can show he or she qualifies for a national interest waiver. 

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Chapman & Roberts, P.A.  is uniquely positioned to assist you. Mr. Chapman litigated Matter of Dhanasar, which established a new and clarifying standard for deciding cases involving National Interest Waivers. Mr. Chapman and the entire team at Chapman & Roberts continue to file and litigate these case, and we can assist you in determining your eligibility. 

I-9 Audits and Compliance

Pursuant to the Immigration and Nationality Act (“INA”) and current USCIS regulations, employers must verify the identity and authorization of each individual they hire. In order to comply with the law, an employer must complete and retain a Form I-9 for each employee, which requires reviewing and verifying employment authorization documents. While USCIS provides an updated handbook to assist employers with this process, it is still very easy for an employer to overlook some details or make a mistake on the form.

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Monetary penalties are issued by DHS for violations regarding hiring unauthorized employees and substantive violations to the Form I-9. These fines can be very significant, depending on the facts of your case.

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The best way minimize liability is to conduct periodic I-9 audits to ensure all I-9’s are in compliance with any updates in the law. These audits should be performed on a yearly basis by someone who is knowledgeable about U.S. immigration law and I-9 requirements. 

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Please contact Chapman & Roberts, P.A.  if you have any questions regarding your businesses I-9 compliance. 

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