We work with you and your employee, student, or other beneficiary to choose the best non-immigrant status or path to permanent residence. If an immigration agency has denied an application or petition, we assist clients with administrative and federal court appeals.
Your business’s relationship with Moss Immigration Law begins with an intake and lawyer consultation. At this consultation a lawyer will have a conversation with you about the goals of your business, whether it’s bringing foreign talent to the U.S. or any workplace compliance issues. The lawyer will gather the necessary information to provide you with your options, answer your questions, and provide an estimate of fees and costs. If we agree to pursue a legal engagement, then our office sets up a contract signing appointment.
The contract will set out the attorney fees, expected expenses, and clearly identify the scope of work and responsibilities. At this meeting, and through our engagement, we will establish and execute a strategy, review timelines, and set deadlines and responsibilities. We will give you detailed checklists to assist in the gathering of information and documents that we need best serve you and win your case.
During this process, we figure out what classification fits best, what’s on the horizon for the employer and/or the employee, and what choices now will best facilitate that future. When assessing the need to employ a specific foreign national, there are often several non-mutually exclusive approaches possible, each often with differing advantages and limitations.
Therefore, our inquiry generally begins with the nature of the proposed job duties, as well as the foreign national’s educational background and citizenship. We help understand the relative advantages and disadvantages of each of the potentially available classifications. We explore what the long-term strategies for the employment and possible permanent residence.
Once we have our path forward, we work diligently to prepare and submit the strongest application or petition. Even if the government pushes back at us with requests for evidence or notices of intent to deny, we fight those at every turn with strong responses.
After approval, we guide you and your employee through the visas process so your employee smoothly enters the U.S. If your employee is already in the U.S we make sure the change of status happens as quickly as possible.
If we are assisting you with workplace compliance, whether it’s a proactive audit or defending your business against a notice of investigation or intent to fine, we dig deep into your I-9 records and pinpoint exactly what went wrong or needs to be changed and how to do it.
We work with the government agents from the and Homeland Security Investigations (HIS) department of Immigration and customs enforcement (ICE) and their lawyers to reduce or eliminate fines and penalties. We can offer training to your human resources (HR) department and employees on I-9 compliance and how to fill that two-page form that we affectionally call, “simply complex.”
Immigration law has been amended haphazardly and its pieces don’t fit well together. The regulations are often incomplete, out of date, or never written. The sources of law are often so scattered and disorganized the are “soft.” It is unlike so many other fields of law, where there is a clear path. As a result, we make sure we research and analyze all the operative guidance such as agency policy memos, agency officer manuals, letters from individual government officials to individual companies or lawyers that get shared around, notes from liaison minutes, and more.
Because they often don’t fit together and may even directly conflict, we make sure that we spend the time to give you the most informed choices for your unique situation. At the end of every case, we provide you with important information regarding any next steps or future issues your business must keep in mind. We always welcome and desire your feedback. Therefore, we include a survey with your closing letter and final invoice.
Your business’s relationship with Moss Immigration Law begins with an intake and lawyer consultation. At this consultation, a lawyer will have a conversation with you about the goals of your business, whether it’s bringing foreign talent to the U.S. or workplace compliance issues. During this process, we figure out what classification fits best, what’s on the horizon for the employer and/or the employee, and what choices now will best facilitate that future. When assessing the need to employ a specific foreign national, there are often several non-mutually exclusive approaches possible, each often with differing advantages and limitations.Therefore, our inquiry generally begins with the nature of the proposed job duties, as well as the foreign national’s educational background and citizenship. We help you understand the relative advantages and disadvantages of each of the potentially available classifications. We explore what the long-term strategies for the employment and possible permanent residence.. If we agree to pursue a legal engagement, then our office sets up a contract signing appointment.
The contract will set out the attorney fees, expected expenses, and clearly identify the scope of work and responsibilities. At this meeting, and through our engagement, we will establish and execute a strategy, review timelines, and set deadlines and responsibilities. We will give you detailed checklists to assist in the gathering of information and documents that we need best serve you and win your case. We work with you to gather the best information and documents to prepare and submit your case.
Once we have our path forward, we work diligently to prepare and submit the strongest application or petition. Even if the government pushes back at us with requests for evidence or notices of intent to deny, we fight those at every turn with strong responses. After approval, we guide you and your employee through the visas process to enable your employee to smoothly enter the U.S. If your employee is already in the U.S,, we make sure a change or adjustment of status happens as quickly as possible.
If we are assisting you with workplace compliance, whether it’s a proactive audit or defending your business against a notice of investigation or intent to fine, we dig deep into your I-9 records and pin point exactly what went wrong or needs to be changed and how to do it. We work with the government agents from Homeland Security Investigations (HIS) and Immigration and Customs Enforcement (ICE) and their lawyers to reduce or eliminate fines and penalties. We can offer training to your human resources (HR) department and employees on I-9 compliance and how to fill that two-page form that we affectionally call, “simply complex.”
Once we submit your petition or application, we continue to follow your case and respond to any government requests or issues. During this period, we must wait for the U.S. government to make a decision on your case. However, if the immigration agency making the decision takes too long, we follow up and put pressure on the agency to make a decision.
This can be the most frustrating time in the process because we must wait on the U.S. government to make a decision on your case. Still, you can rest assured that we are still following your case. You can contact us for updates during this time.
After your case is approved, we'll explain what that means and what the next steps are, if any. Unfortunately, even with our best efforts and a strong case, the immigration agency processing your case may deny it. If this happens, we'll go over your appeal options, costs, and strengths. Appealing takes time and money, but many times we can get an approval at this stage.
At the end of every case, we provide you with important information regarding any next steps or future issues your business must keep in mind. We always welcome and desire your feedback. Therefore, we include a survey with your closing letter and final invoice.
The daunting employment verification procedures introduced by the Immigration Reform and Control Act (IRCA) of 1986 can be a challenge to many employers. Employers are charged with the responsibility of systematically verifying that their new hires and existing employees are eligible to work in the U.S. To facilitate the employment verification process, IRCA’s employer sanctions provisions introduced Form I-9 (Employment Eligibility Verification). For all employees hired after November 6, 1986, an employer must verify under penalty of perjury that they are authorized to work in the U.S on this form. Form I-9 currently includes a list of 24 qualifying documents that employers may accept as proof of the employee’s identity and authorization to work.
Employers can face civil penalties and fines for noncompliance of the verification procedures. Employers may also face civil penalties for having knowingly hired or continuing to employ an unauthorized worker. In addition, employers that engage in a pattern or practice of violation may incur civil and even criminal penalties. Employers must designate a person or persons to verify employment authorization documents, fill out the form, and sign it. They must be well-trained or there is a danger of violations.
More importantly, employers can face an I-9 audit. This is when an agent from the Homeland Security Investigation (HIS) department or Immigration and Customs Enforcement (ICE) shows up at your workplace and requests to see all of your original I-9s and other documents. This begins the audit investigation process. Legally, all employers must provide these to the agents within 3 days of the request. However, there are ways for employers to extend this timeframe. Depending on what the agent finds during this investigation will determine if you receive a warning, fines, or more. Therefore, it’s very important for employers to understand their legal rights during this time.
Frequently, when an immigration agency denies a client’s petition or application, it is an erroneous decision. Immigration officers are not lawyers and can often be wrong on the law. We evaluate your denial and provide you with a path forward to challenge an erroneous denial. We can effectively handle appeals to the Administrative Review Board (ARB), Board of Alien Labor Certification Appeals (BALCA), an administrative law judge (ALJ), Administrative Appeals Office (AAO), Board of Immigration Appeals (BIA), Federal District Court, and Circuit Courts, as well as Motions to Reconsider and Reopen.