Family Based Immigration
Our office assists individuals in the processing of immediate relative petitions for spouses, children and parents. We also have a team of professionals to assist in fiancee visa processing and other family related matters.
Employment Based Immigration
The top 10 job titles certified for permanent employment included Computer Software Engineers, Computer Systems Analysts, Restaurant Cooks, Electronics Engineers, Computer and Information System Analysts, Financial Analysts, Market Research Analysts, Electrical Engineers, Computer Programmers and Mechanical Engineers.
The U.S. Department of Labor (DOL) recently released updated information that is important to those undergoing the labor certification process, whether as petitioning employers or as foreign national beneficiaries. The DOL confirms that audits and denials in PERM cases are on the rise, and that processing times have increased.
The DOL has reported that roughly 44 percent of the pending PERM cases were in "audit review."
While many attorneys are new to the PERM process, we have been handling labor certifications for over 30 years. We have been experiencing a very high rate of PERM approvals for the cases we have filed on behalf of our clients. Our positive results are not limited to particular types of cases as we file across all industries and occupations including pharmaceutical, biotech, engineering, IT, financial services and manufacturing to name but a few. We also counsel on alternatives to the labor certification program including filings under EB-1 Extraordinary Ability and/or Outstanding Researcher and EB-2 National Interest waivers.
Our attorneys routinely speak at national conferences on employment based immigration. Mr. Dornbaum and Ms. Peregoy lecture extensively on PERM for the Federal Bar, New Jersey Institute for Continuing Legal Education, American Immigration Lawyers Association, New York State Bar Association and numerous HR Associations. To discuss eligibility please contact us.
CORPORATE COMPLIANCE: I-9, E-Verify
At Dornbaum & Peregoy, we provide our clients individualized Corporate Compliance solutions. In addition to timely updates on breaking legislation, we offer the following services in the area of Corporate Compliance:
Customized I-9, E-Verify, and H-1B policy development, strategies, and manuals
Engaging and accessible Human Resources training in all areas of immigration
Proactive I-9 and H-1B audits
Comprehensive Representation during USCIS, ICE, or DOL audits
Immigration Agencies have announced and implemented increased Corporate Compliance audits. Contact Dornbaum & Peregoy to assist you in readying your business for any eventuality.
Form I-9 Compliance and Enforcement
All U.S. Employers must complete Form I-9 for every employee. This unassuming form can be puzzling to complete, especially for foreign workers. Failure to correctly complete and reverify Form I-9 can result in steep monetary penalties upon audit by ICE. ICE has heightened enforcement efforts and increased audits by more than 100% in the past year. Our immigration professionals are always available to offer an immediate response to any I-9 issue. Dornbaum & Peregoy also assists clients in developing and implementing I-9 compliance programs, conducts internal I-9 audits, and offers comprehensive and accessible training for staff.
The E-Verify program, formerly known as the Basic Pilot Program, is a free Internet-based system that employers use to confirm the legal status of newly hired employees. It is an employer compliance system developed under the auspices of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRAIRA). Some employers are required to use E-Verify (e.g. certain federal contract employers) and E-Verify is becoming increasingly required by individual states.
Dornbaum & Peregoy will assist your Company to navigate the piecemeal E-Verify laws to ensure that your Company, and all of its branches and divisions, is in full compliance with E-Verify mandates. Let us take the guesswork out of E-Verify Compliance for your Company.
H-1B/L Site Visits
USCIS has begun conducting unannounced employer site visits to assess employer compliance with the H-1B and L Programs. USCIS claims to not need a subpoena or search warrant to complete a site visit, but you are entitled to legal representation.
Dornbaum & Peregoy attorneys are available to represent you even during impromptu site inspections. We encourage you to review your H-1B and L Corporate Compliance guidelines and allow us to assist you in proactively implementing comprehensive Corporate Compliance strategies.
H-1B in General: U.S. businesses utilize the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as science, technology, engineering, or financial services. As part of the H-1B program, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require U.S. employers to meet specific labor conditions to ensure that American workers are not adversely impacted, while the DOLs Wage and Hour Division safeguards the treatment and compensation of H-1B workers.
The H1B program has a limit on the number of H-1B petitions which can be approved in any Fiscal year and we have reached the "CAP" in each of the last 10 years, some years as soon as the filing period begins giving employers less than one week to insure all submissions are filed. New filings will begin again for fiscal year 2015 on April 1, 2014 for effective start dates of October 1, 2014.
We encourage both employers and individuals to contact our office to discuss H-1B options and alternatives to the H-1B program. We have been advising employers on non immigrant options for over 30 years and are recognized for our expertise in employment based immigration.
We are pleased to announce that Neil Dornbaum Esq. and Kathleen Peregoy Esq. have been selected for inclusion in the 2014 Best Lawyers in America publication for their work in Immigration. Mr. Dornbaum has achieved this honor for the past twenty (20) years and was named "Lawyer of the Year" for 2013.
Mr. Dornbaum has completed a decade of service on the ABA Commission on Immigration. The Commission directs the Associations efforts to ensure fair treatment and full due process rights for immigrants and refugees within the United States. The Commission advocates for statutory and regulatory modifications in law and governmental practice consistent with ABA policy; provides continuing education and timely information about trends, court decisions and pertinent developments for members of the legal community, judges, affected individuals and the public; and develops and assists the operation of pro bono programs that encourage volunteer lawyers to provide high quality, effective legal representation for individuals in immigration proceedings, with a special emphasis on the needs of the most vulnerable immigrant and refugee populations.
Neil Dornbaum has been named as one of only five attorneys in New Jersey to be included in Who's Who of Corporate Immigration Attorney’s for his work in Immigration.
Ms. Peregoy is a past Chair of the Immigration, Naturalization and Americanism Section of the New Jersey State Bar Association.
The firm has also been listed in U.S. News & World Reports "Best Lawyers/Best Law Firms", and Martindale-Hubbells Bar Register of Preeminent Lawyers.
Mr. Dornbaum and Ms. Peregoy have both been named as Super Lawyers in New Jersey magazine for their work in Immigration and Ms. Peregoy is featured in the April 2014 publication. Ms. Walsh has been selected as a Rising Star for her work in Immigration.