Immigration

Labor and Employment | Immigration

We help employers obtain work authorization for foreign national employees through H-1B, L-1, O-1, and other visa categories, and assist with I-9 compliance.

Overview

Securing Global Talent

Employers increasingly rely on global talent. MC Law's Immigration practice helps employers obtain work authorization and maintain immigration compliance.

Work Visas

We handle all categories of employment-based work visas including H-1B, L-1, O-1, TN, and E-1/E-2 visas.

Permanent Residence We assist with employment-based green card processes including PERM labor certification and EB category petitions. I-9 Compliance Employers must verify work authorization. We advise on I-9 completion and conduct compliance audits. ICE Audits We represent employers in ICE audits and investigations. We respond to audit notices and defend enforcement actions. Global Mobility We help employers develop global mobility programs and advise on international assignment immigration implications. Corporate Immigration Programs We help employers establish immigration compliance programs and train HR professionals.

Frequently Asked Questions

The H-1B visa is for specialty occupation workers whose positions require at least a bachelor's degree in a specific field. Employers must file a Labor Condition Application and petition with USCIS, and the annual cap makes strategic planning and timing essential.

The most common employer-sponsored path involves three steps: PERM labor certification demonstrating no qualified U.S. workers are available, I-140 immigrant worker petition, and I-485 adjustment of status or consular processing. The process can take years depending on the employee's country of birth.

Employers must verify identity and work authorization for every new hire using Form I-9 within three business days of the start date. Proper completion, document examination, re-verification for expiring work authorization, and record retention are all required. E-Verify may also be mandatory.

The L-1 visa allows intracompany transferees in managerial, executive, or specialized knowledge positions. L-1A covers managers and executives, and L-1B covers specialized knowledge workers. The employee must have worked for the related foreign entity for at least one year.

Employers cannot continue employing workers without valid authorization. Timely filing of extension or change of status petitions is critical. Some visa categories allow continued employment while extensions are pending, but the rules vary by visa type and must be carefully tracked.

Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.

For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.

Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.

Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.

Related Matters

StreamCo v. ContentPirate Networks

Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.

Venue: C.D. Cal.Result: Favorable Settlement
PhotoArt LLC v. Social Media Giant

Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.

Venue: S.D.N.Y.Result: $2.4M Judgment
GameDev Studios v. CopyCat Apps

Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.

Venue: N.D. Cal.Result: Preliminary Injunction
MusicPublisher Inc. v. AI Training Corp

Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.

Venue: D. Del.Result: Licensing Agreement
SoftwareCo v. Former CTO

Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.

Venue: E.D. Tex.Result: Summary Judgment
University Press v. Document Sharing Site

Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.

Venue: D. Mass.Result: Default Judgment

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