Business Immigration & Compliance
We provide integrated legal solutions to complex problems that permit our clients to achieve U.S. immigration objectives. Working with our attorneys in multiple practice groups including Corporate, Labor & Employment, International, Real Estate, Tax, and Wealth Planning, we represent companies in their immigration matters.
Our experience ranges from foreign investors and business owners; international and domestic start-ups, small- to medium-size enterprises (SMEs) and public companies who employ individuals that need U.S. visa options to grow and expand their business; families who wish to live in the U.S. temporarily and/ permanently; and persons who wish to acquire U.S. citizenship.
We provide end-to-end or consultation services for the following areas:
- Nonimmigrant visa processing including: B-1/B-2 visitors for business and pleasure; F-1 students; E-1 treaty traders for goods and services, E-2 treaty investors; E-3 for Australian nationals; H-1B specialty occupation; H1B1 for Chilean or Singaporean nationals; J-1 Waiver Processes; L-1 intracompany transferees; L-1 blanket petitions; O-1 extraordinary ability, P-1 athletes and entertainers, R-1 religious workers, and TN USMCA visa
- Immigrant visa processing including: PERM Labor Certification; EB-1(A) extraordinary ability, EB-1(B) outstanding foreign researchers or professors, EB-1(C) managers and executives transferred from multinational corporations, EB-2 professionals holding an advanced degree with a U.S. job, EB-2 National Interest Waiver, EB-3 professional workers, EB-5 immigrant investors, Schedule A Matters, PERM Special Handling
- Strategic planning concerning immigration consequences of formation, disposition, and reorganization of U.S. businesses
- Worksite enforcement including I-9 and LCA Audits
- Consular processing for nonimmigrant and immigrant visas
- Family-based immigration matters
- Complex naturalization and derivative citizenship matters
- Renunciation of Green Card and Citizenship
January 17, 2022
USCIS Retains $500,000 Minimum Investment Amount After Voluntary Dismissal of Behring Regional Center Appeal
By Christian Triantaphyllis | The Department of Homeland Security (DHS) on January 5, 2022, filed an unopposed motion to dismiss its August 2021 appeal to a district court ruling in Behring Regional Center LLC v. Chad Wolf, et al. As a result of the unopposed motion to dismiss, the standard minimum investment amount for the EB-5 program will remain $1 million, and the minimum investment in a targeted employment area (TEA) is $500,000.
December 3, 2021
By Sang Shin | The Biden administration has recently made some important immigration policy changes which will impact both foreign national employees and their employers.
December 3, 2021
By Sang Shin | On Thursday, December 2, the Biden administration announced tightened entry requirements for air travelers to the United States. Effective December 6, all individuals re-entering the U.S. from international travel must show a negative COVID-19 test taken within one day of traveling back.
August 19, 2021
‘The Best Lawyers in America’ Honors 178 Jackson Walker Attorneys in 2022 Edition, Including 8 “Lawyers of the Year” and 31 “Ones to Watch”
The Best Lawyers in America has recognized 178 Jackson Walker attorneys across 6 offices and 67 specialty practice areas in its 2022 edition, including 8 Lawyers of the Year and 31 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.
July 29, 2021
Christian Triantaphyllis will participate in a joint webinar with EB5 Affiliate Network to discuss recent changes to the EB-5 Immigrant Investor Program and what investors should know about the temporary reduction of the standard minimum investment amount. The webinar, “Direct EB-5 Investment at $500K with Top Immigration Attorneys – What Investors Should Know for Direct EB-5 Investment,” will take place on Thursday, July 29, 2021, at 1 p.m. CT.
July 21, 2021
By Christian Triantaphyllis
As of June 30, 2021, the EB-5 Immigrant Investor Regional Center Program has lapsed, and U.S. Citizenship and Immigration Services (USCIS) has since rejected any submissions received on or after July 1, 2021, of the forms I-924 and I-526.
June 24, 2021
Judge Voids EB-5 Immigrant Investor Modernization Rule, Restoring Old Investment Amounts and Targeted Employment Area Standards
By Christian Triantaphyllis
On June 22, 2021, Magistrate Judge Jacqueline Scott Corley of the Northern District of California ruled that Former Acting Homeland Security Secretary Kevin McAleenan exceeded his statutory authority in issuing the July 2019 EB-5 Immigrant Investor Program Modernization Rule, which implemented substantial changes to the EB-5 investment immigration program.
May 13, 2021
~9.5 minutes | Following a shift in U.S. presidential administrations and changes due to the COVID-19 pandemic, Christian Triantaphyllis, who leads the Investment Immigration practice, covers some potential changes and current trends in the EB-5 industry and for its investors.
May 11, 2021
Christian Triantaphyllis Named to ‘EB5 Investors’ List of “Top 25 Immigration Attorneys” for Fourth Consecutive Year
In EB5 Investors Magazine’s listing of the “Top 25 Immigration Attorneys” of 2020, Christian Triantaphyllis was featured among the industry’s leading and most influential EB-5 attorneys for the fourth consecutive year.
May 3, 2021
Christian Triantaphyllis shared insights on the newly restored USCIS policy that addresses the issue of deference in prior petition determinations.
EB-5 Foreign Investment Visas
Jackson Walker’s EB-5 foreign investment and real estate team has the breadth of experience to advise clients on investments offering the opportunity to immigrate to the United States. The group’s multidisciplinary approach combines highly-skilled business immigration advisors with a nationally-recognized real estate team and corporate/securities counsel to achieve clients’ immigration objectives through investment transactions. The services provided to clients seeking the EB-5 process are organized around four major practice areas:
- EB-5 Immigrant Visas filed through your own company
- EB-5 Immigrant Visas filed through a Regional Center
- Development of Regional Centers and EB-5 projects
- Regional Center and EB-5 project compliance advice
L-1A And L-1B Intra-Company Transferee Work Visas
L-1 intra-company transferees are foreign workers who have been employed outside the U.S. by an affiliate, subsidiary, branch or parent of a U.S. company for at least one continuous year within the three years preceding the filing of a petition (or for at least one continuous year within the three years preceding admission to the U.S. if filing the petition while the foreign worker is in the U.S.), in a capacity that qualifies as executive, managerial, functional manager (L-1A), or specialized knowledge (L-1B), and who will perform services for the U.S. company in one of these categories as well.
EB-1(C) Multinational Manager or Executive Visas
The Multinational Manger or Executive (or EB-1C) category is designed for employees who:
- have been offered a regular full-time position in a managerial or executive capacity with a U.S. employer who has been doing business in the United States for at least one year, and
- have worked for a qualifying employer abroad in a managerial or executive capacity for one of the three years prior to entering the United States in nonimmigrant status.
Our investment immigration team is able to assist clients in determining if they qualify for this program, and walk them through the process from beginning to end.
EB-1(A) Extraordinary Ability Immigrants
The EB-1(A) category provides immigrant visa processing for individuals of extraordinary ability in the sciences, arts, education, business or athletics. “Extraordinary ability” is defined as a level of expertise indicating that the individual is one of a small percentage who have risen to the very top of a field of endeavor.
EB-1(A) applicants do not need a U.S. employer, and they are exempt from the normal labor certification process. In order to qualify, the individual may file an immigrant visa petition himself or herself. The alien must seek entry into the U.S. to continue work in the area of extraordinary ability, and the alien’s entry will substantially benefit prospectively the United States.
Jackson Walker’s investment immigration team is equipped to assist clients in all aspects of compiling, documenting, and filing their evidence of qualifications, including documentation of national and international acclaim, or recognition in their field of expertise.
- L-1 and EB-1(C) multinational manager petitions – Submission of petitions for managers and executives including functional managers.
- E-1 Treaty Trader Applications – Submission of multiple E-1 applications including start-up operations to facilitate the expansion of businesses in involved in cross-border trade of goods and services.
- E-2 Treaty Investor Applications – Submission of multiple E-2 applications including start-up operations and to facilitate the growth and further development of investment in the U.S.O-1 Extraordinary Ability petition – Submission of petitions for individuals with extraordinary ability in the sciences, arts, education, business or athletics.