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Law PracticeGroup

Growth and opportunity are driving factors in today’s global landscape. The prevalence of crossing borders to gain a competitive edge, sustain profitability or realize personal goals has resulted in a critical need for immigration counsel. Whether it is a multi-national corporation, a start-up company or an individual seeking a successful, rewarding career, Arnstein & Lehr LLP recognizes the unique prospects offered in the U.S. and abroad and provides comprehensive immigration services.Our attorneys have a thorough understanding of the legal, political and business contexts in

which immigration concerns arise. We work closely with businesses and individuals as they

contend with complex regulations, evolving statutes and legislation and increased government

scrutiny. The Immigration Practice Group applies its nearly three decades of experience

to analyze and resolve immigration-related issues, while remaining mindful of emerging

developments that may affect

a client’s interests.

Our reputation is based on more

than the thousands of cases we

have handled. We are noted authors

and lecturers whose counsel and

perspective are sought after by legal

peers, educational institutions

and community organizations.

Arnstein & Lehr has multi-lingual

attorneys that regularly visit clients

throughout the world.

Recognizing the unique prospects offered in the U.S. and abroad

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coRpoRate compliance Under the watchful eye of the U.S. government, businesses must take appropriate measures to ensure proper employee authorization and verification. Establishing the suitable internal checks and balances is time-sensitive,

and if not done properly, can expose businesses to substantial liability. Arnstein & Lehr protects

its corporate clients by reviewing I-9 forms, preparing the necessary documents for any audits

and developing an effective strategy to comply with all worksite enforcement actions. In addition,

we provide employers legal guidance on anti-discrimination provisions contained in the I-9

compliance regulations.

Our compliance-related services include:

• I-9 Self-Audits

• I-9 ICE Audits

• U.S. Department of Labor Audits

• Worksite Enforcement Actions by U.S. Immigrations and Customs Enforcement (ICE)

In addition, Arnstein & Lehr assists clients in

drafting Permanent Labor Certification Program

(PERM) applications which require a higher level

of involvement from employers and well-supported

applications. Clients benefit from our particular

insight into the complex recruitment and filing

procedures implemented by the PERM labor

certification system.

We are also sensitive to the immigration issues

related to transactional matters and help clients

work through the ramifications of mergers,

acquisitions and other corporate transactions.

Employer-Based Immigration

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non-immigRant visasFor those employers seeking worker status for a specific period of time and purpose,

our lawyers provide exceptional support and instruction in the following categories:

• Intra-company transfers and multinational workers (L-1A and L-1B)

• Professional and skilled workers (H-1B and H-2B)

• Traders & investors (E-1 and E-2)

• Temporary workers (H-2A and H-2B)

• Trainees (J-1 and H-3)

• NAFTA (B-1/TN)

• Extraordinary ability aliens, includes business persons, scientists, athletes, artists and performers (O-1 and O-2, P-1 and P-2)

• Temporary religious worker (R-1)

• Consular processing

immigRant visasThese types of visas are designated for

foreign nationals seeking to live and work in

the U.S. for an indefinite period of time based

on a pending job offer from a U.S. employer

or their qualifications. Arnstein & Lehr assists

foreign nationals with processing applications

and substantiating qualifications to help clients

achieve legal status for any of the following visas:

Employment Based Immigrant Visas

• EB-1-1 Extraordinary Ability Aliens in the Arts, Sciences, Business or Athletics

• EB-1-2. Exceptional Ability Aliens such as Researchers, Professors, and Advanced Degree Holders

• EB-1-3. Multinational Executives and Managers

• EB-5. The Employment Creation Investor Program

• PERM application process with the U.S. Department of Labor

Family-Based Immigrant Visas

• Fiancée Visas

• Marriage Based Visas

• Father/Mother; Son or Daughter; Brother/Sister Based Visas

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about the immigRant investoR pRogRamOur attorneys are especially qualified to assist individuals with the Immigrant Investor Program also known as EB-5. The US employment based fifth preference for lawful permanent residency was created in 1990 and is currently administered by the United States Citizenship and Immigration Services (USCIS).The program annually sets aside 10,000 permanent residency (green cards) for immigrants

who make a qualified investment into a new commercial enterprise which will create no less

than ten qualifying full time employment positions for US citizens or residents per investor.

Investors receive a conditional residency after taking the risk in a qualified investment

of their own creation or as part of a partnership or limited liability company in a regional

center. The investor may then apply for a removal of the conditional status two years after

receiving such status at which time it must be shown that the ten qualifying positions

have been created.

The required investment level is $1 million U.S. dollars, unless the investment is

made into a business located in a Targeted Employment Area or TEA (rural area

of city populations with less than 20,000 persons) at which time a reduced

investment of $500,000 is required.

The petition for residency is submitted to the USCIS at the service center by

detailing the source of funds being invested, the establishment of the new

commercial enterprise, evidencing that the capital is at risk, showing that

a minimum of ten jobs will thusly be created, and that the investor will

be involved in the management of the enterprise to a degree.

continued on page 6

EB-5

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about the immigRant investoR pRogRamcontinued from page 5

A new business may be defined as the creation of an entirely new enterprise, or the purchase

of an existing business with the job creation component with the simultaneous restructuring of the

business and expansion via investment of the required capital so that there is a substantial increase

(40% or more) in net worth where employees all count as new within the commercial enterprise.

A qualifying employee is a US citizen or other lawfully admitted permanent resident

excluding the investor immigrant and must be engaged in full time employment

or a minimum of 35 hours per week.

Our firm also represents developers and

entrepreneurs who are interested in setting

up their own regional center. We provide both

corporate and securities counsel throughout

the application process with USCIS. Utilizing

our “team approach”, we bring in respected

professionals such as economists, business

plan writers, and marketing experts in order

to facilitate the process.

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Arnstein & Lehr LLp

chicago, illinois 120 South Riverside Plaza, Suite 1200 Chicago, IL 60606 312.876.7100 Phone 312.876.0288 Fax

boca Raton, florida 433 Plaza Real, Suite 275 Boca Raton, FL 33432 954.713.7600 Phone 954.713.7700 Fax

fort lauderdale, florida 200 East Las Olas Boulevard, Suite 1700 Fort Lauderdale, FL 33301 954.713.7600 Phone 954.713.7700 Fax

hoffman estates, illinois 2800 West Higgins Road, Suite 425 Hoffman Estates, IL 60169 847.843.2900 Phone 847.843.3355 Fax

miami, florida 200 South Biscayne Boulevard, Suite 3600 Miami, FL 33131 305.374.3330 Phone 305.374.4744 Fax

milwaukee, wisconsin 5555 North Port Washington Road, Suite 207 Milwaukee, WI 53217 414.351.2440 Phone 414.352.6901 Fax

springfield, illinois 808 South Second Street Springfield, IL 62704 217.789.7959 Phone 312.876.6215 Fax

tampa, florida Two Harbour Place 302 Knights Run Avenue, Suite 1100 Tampa, FL 33602 813.254.1400 Phone 813.254.5324 Fax

west palm beach, florida 515 North Flagler Drive, Suite 600 West Palm Beach, FL 33401 561.833.9800 Phone 561.655.5551 Fax

www.arnstein.com

© 2012 ARNSTEIN & LEHR LLP

citiZenshipAs a U.S. citizen you have many privileges, including securing

employment, taking part in government programs, and obtaining

retirement benefits from Social Security. While citizenship is

guaranteed for people born in the country, or whose parents are

citizens, a foreign-born person may also become a citizen. This is

achieved through the US naturalization process. Unfortunately, the

naturalization process can at times be lengthy. Our attorneys know

how to work with the system and can assist you in speeding up

the process. Our attorneys assist with issues such as:

• Acquisition of Citizenship

• Derivation of Citizenship

• Renunciation of Citizenship

entRy & admission issuesWe also represent clients who have customs and border

protection admission issues including with Interpol, federal,

state and local law enforcement.

outbound immigRationIn addition to admission issues, Arnstein & Lehr

provides assistance to corporations in

positioning employees abroad.

Please contact the following attorneys for your immigration needs:

Randall L. Sidlosca 200 South Biscayne Boulevard, Suite 3600 Miami, Florida 33131 (305) 428-4517 rlsidlosca@arnstein.com

Ronald R. Fieldstone 200 South Biscayne Boulevard, Suite 3600 Miami, Florida 33131 (305) 428-4521 rrfieldstone@arnstein.com

Government Privileges

www.arnstein.com

Chicago | Miami | Tampa | Fort Lauderdale | West Palm Beach

Hoffman Estates | Boca Raton | Milwaukee | Springfield

Serving our clients s i n c e 1 8 9 3Arnstein & Lehr is a full-service law firm that serves a diverse client base comprised of large corporations listed on the public stock exchanges, middle-market companies, nonprofit organizations, and emerging businesses. Clients include government, healthcare entities, financial institutions, trade associations, and a broad range of businesses in the retail, industrial, manufacturing, distribution, technology, and services sectors. The firm also counsels individuals as to their personal needs, including estate planning, probate matters, and the transfer of wealth and business interests from one generation to another. We practice in five main service groups: Business, Litigation, Local Government, Tax and Estate Planning, and Real Estate.

R e w a R d i n g o u R c l i e n t s w i t h i n n o v a t i v e , i n s i g h t f u l s o l u t i o n sWe proudly enjoy long-standing relationships with many of our clients, having counseled numerous businesses for decades. In at least one case, our client relationship with a major publicly held corporation spans more than a century.

In addition, we have vast experience and expertise in addressing our clients’ international concerns, bolstered in part by our membership in the International Lawyers Network (ILN), the largest member organization of law firms in the world.

g o i n g b e y o n d e x p e c t a t i o n sArnstein & Lehr commits itself to providing quality, result-oriented legal services in a cost-effective manner. In today’s competitive economic climate, businesses and individuals must react to the ever changing complexities of legal and business environments while containing legal costs at the same time. That’s why we take pride in our ability to deliver legal services in a timely and efficient manner.

Our attorneys regularly give presentations and offer seminars on a broad range of topics. In addition, they publish practice-specific newsletters that help disseminate current legal developments of interest to our clients.

Our attorneys also commit themselves to pro bono work, law reform, and professional service. Many are active contributors to legal and business publications and serve as speakers and faculty at numerous continuing legal education programs and seminars. In addition, many have achieved peer recognition by their election and appointment to leadership positions in a variety of civic, charitable, and professional organizations.

o u R c o m m i t m e n t t o d i v e R s i t yArnstein & Lehr embraces diversity as essential to its mission and is committed to creating a workplace that reflects the increasingly diverse nature of the legal profession and the clients we serve. We strive to ensure that all employees are free from discrimination and harassment of any form while fostering an environment that is both inclusive and inherently fair.