Firm / Organisation

Foster LLP

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Chairman: Charles C. Foster
Number of partners: 16
Number of lawyers: 39
Languages: Afrikaans, Albanian, Cantonese, Chinese (Mandarin), Chichewa, Dutch, English, French, German, Italian, Korean, Portuguese, Russian, Spanish, Vietnamese, Yoruba

Firm Overview:
Foster is a leading global immigration law firm dedicated to helping employers and individuals obtain nonimmigrant and immigrant work visas and permanent resident options worldwide. With the most board-certified attorneys in immigration and nationality law in Texas, the firm provides top-tier knowledge and expertise, a client-centered approach to service excellence, and tech-led solutions to strategically manage today’s growing need for international talent. The firm comprises over 100 lawyers, legal assistants and other professionals across 3 offices and multiple coordination centers globally. Wherever your business takes you – in the U.S. or abroad – your Foster team reaches to deliver full immigration support.

Main Areas of Practice:
US Immigration:
26 Houston Attorneys; 13 Austin Attorneys
US work visas and permanent residency for the nation’s top emerging midmarket companies.
■ Identification of impacted employees by the President’s Executive Order imposing a Travel Ban on foreign workers and travelers from certain countries, allowing company management to immediately address the extent of potential business disruption and make alternate plans for projects with affected key personnel
■ Preparation and filing of O-1 petitions for the Houston Symphony, Houston Ballet and similar institutions, enriching Houston’s arts, entertainment and sports culture
■ Representation of key researchers of highly contagious diseases in obtaining work visas and lawful permanent residency options
■ Representation of a large group of Germanbased organizations in a variety of industry sectors in the submission and later approval of US work visas at the US Consulates in Germany
■ Preparation and filing of visa applications and nonimmigrant petitions for intra-company transferees needed to travel to the United States to operate the company’s proprietary concrete equipment and train the existing US workforce for a Switzerland-based civil infrastructure general contractor company
■ Representation of large cap-exempt organization in the submission and later approval of a large volume of H-1B specialty occupation visas

Workforce Compliance:
Proactive and reactive Form I-9 audits, representation during federal workforce compliance investigations, and compliance policy advice and training.
■ Representation of multinational engineering, procurement, construction and installation company during a major corporate reorganization, minimizing the long- and short-term immigration impacts
■ Representation of major Fintech enterprise Software-as-a-Service (SaaS) company on the creation and implementation of a more effective U.S. and global immigration and recruitment policy that resulted in (1) acceleration of the opening of global offices in key localities; (2) the organization qualifying for corporate Blanket L classification; and (3) selected recruitment and sponsorship that yield an 81% U.S. H-1B petition selection in the lottery (the average statistics was 45% selection)
■ Performed proactive Form I-9 and EVerify compliance audits for an oilfield services company in response to a Notice of Inspection of Forms I-9 by USCIS. Foster’s I-9 Solver team supervised the legally permissible correction of all Forms I-9 to identify over $2.75 million in potential liability

Litigation:
Legal options and strategies in defense during worksite enforcement initiatives and deportation proceedings.
■ Representation of large public research university and medical system in a lawsuit against USCIS for making “arbitrary and capricious decisions” regarding US student and work visa approvals and denials
■ Representation of Honduran national seeking asylum by immediately filing an Urgent Motion to Reopen Removal proceedings before the Executive Office for Immigration Review (EOIR). The Immigration Judge reopened proceedings and vacated the removal order for the entire family
■ Representation of appeal for mature start-up company when US DOL Prevailing Wage Determination (PWD) misclassified the position, which significantly increased the required wage. Foster’s success on appeal resulted in savings of approximately $80,000 per year
■ Representation of DOL’s investigation of company’s Labor Condition Applications (LCAs). Reduction in scope of investigation to a one-year period and to only the LCAs filed for related positions. Succeeded in limiting the client’s liability to back wages, helping the client to completely avoid assessment of fines or imposition of other penalties

Global Immigration:
Work authorizations and permits for destinations worldwide.
■ Provided immigration legal services supporting the rapid mobilization of 50 high-skilled, rigbased employees in the oil and gas industry who were urgently required for staffing operations offshore Australia
■ Filed a large volume (400+) of foreign Israeli work permits and visas for 30-40 separate contracting companies surrounding the commissioning and start-up of a new natural gas production platform for a major oil and natural gas exploration and production company
■ Deliverance of Argentine immigration status for the US employees of subcontractor for a $600 million Argentine government construction project
■ Representation of multiple VP-level executives from the United States to Belgium

EB-5 and Investor Immigration:
Advise foreign investors on how investment offers the opportunity to immigrate to the US.
■ Structured multimillion dollar public-private EB-5 project in South Texas administered by a city-managed Regional Center that created hundreds of jobs and facilitated millions of dollars of foreign direct investment in an area of high unemployment ■ Successfully defended numerous USCIS designated Regional Centers from being terminated by USCIS for initial inactivity, resulting in enabling some of these Regional Centers to go on and eventually sponsor EB-5 projects resulting in millions of dollars in foreign direct investment and the creation of jobs for US workers
■ Represented Indian family in completing their EB-5 immigrant process to become lawful permanent residents based on their EB-5 investment and joint venture with a major hotel brand in the United States
■ Represented individual investors, mostly Vietnamese and Mexican nationals, to make a qualified EB-5 investment into an EB-5 project sponsored by a USCIS-approved Regional Centre prior to regulatory change to the EB-5 investor program

Consultations by Appointment:
The firm also offers consultations by appointment in the following locations: Edinburg, Texas; San Antonio, Texas; Mexico City, Mexico; San Salvador, El Salvador; Beijing, China; Guangzhou, China; Ho Chi Minh City, Vietnam.