Immigration law can be a complex field to navigate. We sat down with immigration law expert Richard M. Wilner of Wilner & O’Reilly to find out what every brand should know about this important topic.
Please give us a little background on your firm.
In 2003, Kelly S. O’Reilly and I decided to to form our own firm. We had been partners at another large immigration law firm that had evolved into more of a volume, cookie-cutter type practice. Neither of us were interested in that business model. It wasn’t who we are.
Rather, we were interested in a more unique, narrowly tailored approach to our clientele. So we decided to give it a go and Wilner & O’Reilly, APLC was born. Kelly was formerly an officer with the INS. I am board certified as a specialist in immigration law by the State Bar of California.
What should every brand know about immigration law?
All brands should know that U.S. immigration laws are the same no matter how big or small you are and no matter what state in the United States your business is in. From new hire documentation (even for U.S. citizens and permanent residents), to compliance, to hiring foreign nationals, to sponsoring foreign born riders, immigration is out there.
Enforcement efforts on the part of the government continue to rise even in what is perceived as a benefits driven environment. And, if the new immigration reform passes, several employees that you now have that have represented themselves as “legal” will most likely come forward and tell you that they now can become legal. What to do then?
What issues in immigration law do you see as particularly important to the action sports industry?
Immigration law issues in the action sports industry are primarily within the realm of hiring foreign nationals on the executive or creative side, namely, H-1b’s. The H-1b visa is a visa for professionals (requires college degree) and are limited in number as well as the timing of when can file.
Also of particular importance in the AS world is sponsoring riders. Men and women that compete in the U.S. on behalf of U.S. based brands often reach out to their brands for potential sponsorship on visas.
How have you helped action sports brands with their immigration law needs in the past?
We have helped brands secure visas for their top level c-suite peeps to green cards for warehouse supervisors and everyone in between including visas for surfers, skaters, snowboarders, moto-x riders and fighters. From internal I-9 audits to management of foreign national portfolios, you name it….
