Immigration
Immigration Practice Group

Immigration law is complex and ever-changing. Our Immigration Team has the depth of knowledge and years of experience needed to develop and implement creative strategies to resolve our clients’ immigration challenges. We invite you to experience the WOH difference!

The Immigration Team at Whiteman Osterman & Hanna delivers high-quality, creative and expeditious immigration services to corporate and individual clients. We have the largest and most diverse immigration law practice in the Capital Region of New York, serving clients across the United States and around the world.

Our attorneys have a depth of combined experience in immigration law, representing clients before the United States Citizenship & Immigration Services, the Executive Office for Immigration Review, the Board of Immigration Appeals, the United States and New York State Departments of Labor, the United States Department of State and in consular applications around the world.

Using state-of-the-art technology, we process immigration cases for clients anywhere in the U.S. or around the world on issues relating to:

  • Hiring procedures for foreign nationals (I-9 and H-1B compliance issues)
  • Professional employment visas (H-1B, L, E-3, TN, O, P, B-1 in Lieu of H-1B, etc.)
  • Agricultural and seasonal worker visas (H-2A, H-2B)
  • Permanent residence (“green cards”) through employment or family relationships
  • Family-based processes (Fiancé Visas, Adjustment of Status, Consular Processing)
  • Foreign investment (E Visas)
  • Waivers of Inadmissibility (I-601, Extreme Hardship)
  • J-1 Waivers (No Objection, Hardship, Persecution, Interested Government Agency, Underserved Area/Conrad 30)
  • Affirmative Asylum applications
  • Citizenship/Naturalization
  • Removal/Deportation Defense
  • Defense/Representation in administrative proceedings/audits before the Department of Labor, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services

Corporate and Professional Immigration

WOH HELPS EMPLOYERS SECURE HIGHLY-SKILLED GLOBAL TALENT. We assist a diverse group of U.S. and foreign employers, such as multinational corporations, research institutions, hospitals, universities, and religious institutions, to obtain temporary and permanent visas for skilled or professional foreign national employees. These workers include international executives and managers, engineers, researchers, skilled craft workers, medical personnel, scientists, and university professors.

We specialize in all aspects of employment-based immigration, covering both immigrant and non-immigrant processes, including: PERM Labor Certification; EB-1 Outstanding Researchers, Aliens of Extraordinary Ability, and Multi-National Managers; and EB-2 National Interest Waivers.

The Immigration Team at WOH has a fundamentally different approach to the attorney-client relationship. We believe that being fully integrated into our clients’ daily activities and making ourselves available to answer routine questions for clients before they take action, are critical to avoiding legal problems. This is especially true in the area of immigration, to avoid devastating consequences under U.S. Citizenship and Immigration Services and U.S. Department of Labor regulations.

Over many years of successfully maintaining immigration compliance and global talent acquisition programs for colleges, universities and large multi-national corporations, we have come to realize that the practice of immigration law requires special handling. We understand the importance of securing highly skilled global talent and developing creative solutions to successfully on-board and maintain this talent. At the same time, we recognize the critical importance of managing the expectations of your foreign-national employees and doing everything we can to consider and appreciate the “human” factor in our representation of these specialized classes of employees. More so than other areas of law, immigration is heavily deadline driven. We understand that our clients often do not have the option of “time” in onboarding essential professional resources. Our practice revolves around the ability to accommodate these needs. With the resources of a highly reputed “Top 100” New York Law Journal-ranked firm, you are receiving the quality of a Wall Street firm, with more personalized service and a wealth of experience, at an Albany price point. The secret and key component to our success has been our unique approach to the practice of law. We are invested in our clients. As immigration practitioners, the majority of our role is truly that of “counselor.” When our clients are awake at night strategizing over a particular employee’s immigration process, we’re likely awake working on these same issues. With WOH, you will enjoy an unprecedented level of client service.

Temporary & Seasonal Workers

WOH HELPS SEASONAL BUSINESSES SECURE A RELIABLE WORKFORCE. WOH maintains one of the largest H-2B/H-2A practices in the country, assisting seasonal and agricultural businesses, such as farms, horse stables, landscape companies, leading horse trainers, construction/roofing companies, ski resorts, and hospitality industry clients, to obtain the temporary help they need to get through their peak seasons. We manage H-2 compliance programs for seasonal businesses around the country and work with our clients to navigate through the complex maze of government regulation. We work with many seasonal businesses to respond to DOL, H-2, and I-9 audit proceedings.

Resources

H-2B Compliance Requirements
Are You Ready for a DOL H-2B Audit?
H-2A Visa Overview
H-2A Compliance Review Checklist
H-2B Primer
Employers' Rights in an ICE Raid
Preparing for the I-9 Inspection

Immigration Options for Medical Professionals

WOH GUIDES MEDICAL INSTITUTIONS THROUGH COMPLEX ISSUES INVOLVING FOREIGN MEDICAL PROFESSIONALS. WOH has a developed expertise in the complicated legal and regulatory hurdles that arise in the hiring of foreign researchers, physicians, and nurses. We have a track record of finding creative solutions to the unique challenges that are present in these cases. We handle a host of applications and processes related to foreign medical professionals, including J-1 waivers (Conrad 30 and others), H-1B and O-1 visas, and permanent residency through physician NIW petitions and Schedule A occupations.

Immigration Options for Investors

WOH HELPS OVERSEAS BUSINESSES INVEST IN THE U.S. Entrepreneurs and investors may have several options to stay legally in the United States. WOH assists both employers and interested investors in assessing all visa possibilities and advises on the benefits and drawbacks of each before making a decision about which options to pursue. WOH has a depth of experience in the processing of “Treaty Investors" (E-2) and “Treaty Trader" (E-1) visas.

Family-Based Immigration

WOH UNITES FAMILIES. We have developed an expertise in representing individual foreign-national clients in obtaining immigration benefits through family-based immigration categories.

Employer Compliance/Employer Sanctions Avoidance

WOH HELPS EMPLOYERS ENSURE COMPLIANCE WITH ONGOING LEGAL OBLIGATIONS. In this era of ever-increasing enforcement, it is critical that employers have policies and programs in place to ensure full compliance with federal laws and regulations. WOH helps clients comply with the employment verification and record-keeping requirements of the Immigration Reform & Control Act of 1986. We perform I-9 and other audits of the required employment paperwork, advise on document retention and correction requirements, and offer training on completion and maintenance of the required records. We also assist clients with immigration law compliance issues that arise following corporate mergers or acquisitions.  Click here to download compliance tools and resources.

Removal/Deportation Defense

WOH PROTECTS THE RIGHTS OF FOREIGN NATIONALS IN REMOVAL. WOH assists and advocates for individual foreign national clients in navigating through the complex removal proceedings, including orders of supervision, and representation through immigration court proceedings.

Affirmative Asylum

WOH PROTECTS FOREIGN NATIONALS FACING PERSECUTION IN THEIR HOME COUNTRY. Our attorneys assist in the preparation of asylum applications and the critical step of preparing clients for their affirmative asylum interview for clients across the country. Our interview preparation involves extensive mock interviews, country condition research, assistance in evidence development and ultimately attending the interview. Our practice has recently expanded to include asylum defense before immigration court (Executive Office of Immigration Review). Our attorneys have nearly 30 years of combined experience in preparing and defending asylum claims.





Our Immigration Team:
Senior Counsel
Immigration

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We have the largest and most diverse immigration law practice in the Capital Region of New York, serving clients across the United States and around the world.