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Employment and Business Immigration

At The Erb Law Firm, PC, we offer a full range of international and domestic employment and business immigration services, including hiring, managing, and terminating employees as well as with obtaining the necessary visas.

Hiring Employees
• Assist with employee application and interview procedures, as well as with intake procedures and forms, including I-9 and other immigration law compliance
• Draft and review offer letters, employment contracts, and noncompete and non-solicitation agreements
• Draft, review and revising employee handbooks and policies
• Advise as to the critical differences between US and European employment law, particularly relating to termination periods, benefits, garden leave, and non-compete agreements
• Prepare agreements and advise on secondments and other transfers of overseas personnel, particularly German and UK.

Obtaining a Visa
• Prepare visa petitions and applications for transferees and other seconded employees
• Prepare visa petitions for investors and individuals who will be facilitating trade
• Obtain visas for technical and other specialty personnel
• Obtain immigration visas (green cards) for transferees as well as technical and managerial personnel
• Assist with the transfer of personnel to a new employer
• Assist with I-9 and other immigration law compliance, including I-9 audits
Evaluating and Monitoring Employees
• Advising as to ongoing employee issues, including policies and procedures for evaluating employees
• Reviewing the status of independent contractors to ensure compliance with IRS and related regulations on employees vs independent contractors;
• Advise on the classification of workers as exempt or nonexempt under the Fair Labor Standards Act and on ensuring that workers do not lose exempt status;
• Provide advice with respect to employee monitoring and policies relating to information technology, internet, and social media use by employees
• Advice with respect to demotions, transfers and other changes of position and responsibility as well as the visa consequences of same
• Advise on disabilities and other work or performance-related issues

Terminating Employees
• Advise as to the steps leading up to termination, with a particular focus on mitigating the risk of litigation
• Prepare releases, severance agreements, and other termination-related documentation
• Advise as to termination interviews and follow-up with terminated employees
• Advise as to COBRA, H-1B return flight, and other employer obligations after termination