Corporate Immigration and the Diversified Economic Age


Gibney Anthony & Flaherty LLP (“Gibney”) is an American law firm with a long history of helping businesses establish and grow their presence in the United States. As a full-service law firm, we have decades of experience in all aspects of start-ups and acquisitions. Our Immigration Practice Group of about 80 professionals, including over 25 lawyers, is one of the largest in the U.S. within a full-service law firm. With offices in New York and San Francisco, we provide coast-to-coast coverage within the U.S and have global capabilities through our associated firms in the United Kingdom, Switzerland and Singapore, as well as through co-counsel in over 120 other countries.

Gibney provides legal services to multinational organizations of all sizes and in a wide variety of industries, such as biotechnology and pharmaceuticals, digital media, entertainment, financial services and consulting, food and beverage, gaming, health and nutrition, hospitality, information technology and luxury goods. For sole entrepreneurs and start-up businesses, Gibney’s Emerging Business legal team brings together multiple practice areas, including business formation, intellectual property, labor and employment, and immigration. We guide investors on selecting the appropriate legal vehicle in the U.S. and can help navigate the often limited and complex visa options.

Gibney’s Immigration Practice Group provides innovative and effective solutions to meet the challenges of U.S immigration law. Our attorneys evaluate a client’s particular goals and expectations; create an immigration program that is tailored to achieve those goals; develop appropriate internal immigration-related policies, procedures, and strategies for workforce planning; and recommend appropriate levels of staffing and technology resources to support the program. We establish “blanket” visa programs for intracompany transferees, treaty nationals and trainees for expedited transfers. Through our immigration case management extranet, Gibney OWL ™, we can provide client access to realtime case status information 24/7.

In an age of heightened worksite enforcement, Gibney proactively works with clients to ensure compliance. Gibney’s Immigration Practice Group regularly provides educational seminars and on-site training to ensure that our clients are apprised of their legal obligations in this rapidly developing area of law. We partner with our clients to create customized compliance programs that reflect best practices for handling complex worksite enforcement issues, such as “legal right to work” verification requirements, E-Verify participation, Department of Labor PERM and Department of Homeland Security record-keeping requirements, contractors and subcontractors, federal contractors, and government investigations and audits. We also advise on the immigration implications of company mergers, acquisitions and reorganisations.

In addition, Gibney founded Gibney Onboarding Services, LLC, a leading provider of online administrative and technology solutions designed to meet the challenges of the onboarding process. Its state-of-the-art electronic system offers employers a paperless approach to the completion, storage and maintenance of “Form I-9” employment eligibility verification forms, facilitates compliance with immigration regulations and reduces exposure to potential liability. The tool is integrated with the E-Verify system of U.S. Citizenship and Immigration Services (USCIS) for employers who opt for or are required to participate in E-Verify. In addition, Gibney Onboarding Services is a qualified Designated Agent authorized by USCIS to administer all aspects of the E-Verify process for employers. Together with Gibney Onboarding Services, Gibney’s Immigration Practice Group is uniquely poised to work closely with our clients to solve the administrative, technical and legal challenges that arise in the hiring process and the ongoing employment of foreign nationals.

Gibney’s Immigration Practice Group also partners with the firm’s other practice areas to provide related legal services for global mobility, including customs, international assignment agreements, compensation and benefits planning for expatriates, totalisation agreements, income tax and corporate tax for permanent establishment issues. For key executives, Gibney’s Estates & Trusts practice area offers Executive Protection Planning to help protect the foreign business executive from unanticipated emergencies. Executives have the opportunity to meet with a Gibney attorney to assess their needs and develop customized plans addressing financial and healthcare powers of attorney and proxies, wills and trusts, and tax planning.

 In the current U.S political climate leading up to the Presidential election in 2016, congressional lawmakers will most likely be reluctant to support comprehensive immigration reform that would benefit employment-based immigration. Employers will continue to be faced with numerous challenges to obtain visas for employees, including an annual quota on the primary visa for professionals, the H-1B; unpredictable and inconsistent decisions from the Department of Homeland Security and U.S Consulates on the L-1 intracompany transfer visa; and quotas and long processing delays for employees seeking permanent resident status (“green card”). Gibney attorneys can guide employers through the challenging landscape of US immigration to obtain the best possible results.

Company: Gibney Anthony & Flaherty LLP

Contact: Ellen Poreda, Partner


Phone: 1-212-688-5151

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