The Mission and Values of the Firm
Kevin Stewart’s mission is to help individuals navigate the complexities of immigration law. Many people attempt to research the process on their own, but immigration law is intricate and filled with nuances that can easily lead to mistakes. His primary focus is to guide people through the process and help them obtain the relief they seek.
The Challenges of Online Immigration Information
While the internet provides a wealth of information, it isn’t always accurate or up to date, even on official websites like USCIS or the Department of State. For example, something as simple as filing fees can be difficult to verify. Ensuring that applicants are using the correct sources and understanding the full scope of their application is crucial. The immigration process is complicated, and misinformation can lead to costly errors.
Why Specialize in Immigration Law?
Living in the Bay Area, Kevin is surrounded by a highly diverse population, with over 70–80 languages spoken. While much focus is placed on the Latin American and Hispanic communities, there are also significant immigrant populations from India, China, Southeast Asia, the Philippines, and Afghanistan. These communities work together to support one another in their immigration journeys. After practicing in other areas of law, Kevin shifted his focus solely to immigration law about a decade ago.
The Passion Behind Immigration Law
Immigration law is deeply personal for many clients. Kevin frequently receives calls from individuals in distress, worried about their status and future. While some cases have no legal remedies, others bring hope and resolution. One particularly rewarding case involved a couple who had been in the process for three years under the military parole-in-place program. When Kevin checked their case status, he discovered both approvals had come through, ensuring the family’s stability. These moments make the work incredibly fulfilling.
Immigration Law and the Bay Area’s Entrepreneurial Ecosystem
Initially, Kevin focused on family-based immigration, including spouse visas. Over time, he expanded into employment-based immigration, particularly H-1B visas, which allow foreign professionals to work temporarily in the U.S.
While H-1B visas are widely discussed, other categories, such as the O-1A visa for individuals with extraordinary ability, and the EB-1A and EB-2 National Interest Waiver green cards, are becoming increasingly relevant. These categories provide opportunities for highly skilled individuals to work and eventually gain permanent residency.
Hiring Foreign Talent: Challenges and Pitfalls
Understanding the distinction between non-immigrant and immigrant visa categories is essential for businesses hiring foreign talent. Non-immigrant visas, such as F-1 student visas and H-1B work visas, do not indicate an intention to stay permanently. In contrast, immigrant visas are designed for those seeking permanent residency. Employers must ensure that their prospective employees maintain valid status and follow the proper pathways to work authorization. Violations can have severe consequences, including deportation.
Assisting Businesses with Immigration Compliance
Kevin plays a critical role in helping businesses sponsor employees through O-1A visas and other work-related immigration options. His firm assists both the employer and the employee throughout the process, ensuring that applications are properly prepared and submitted. In some cases, workers may arrive on a visitor visa while preparing their employment-based petition, a strategy that allows for smoother transitions.
The Role of Immigration in Startup Success
Recent changes to immigration policies have created new opportunities for entrepreneurs. In the past, H-1B visa holders could not work for companies they owned. However, under new regulations, self-petitioning for H-1B and O-1A visas is now possible.
Entrepreneurs also have access to programs such as the International Entrepreneur Parole, which allows startup founders to secure legal status with venture capital backing. These changes provide more flexibility for foreign entrepreneurs looking to start businesses in the U.S.
Navigating Layoffs and Immigration Status
Maintaining legal status is a critical concern, especially in cases of job loss. H-1B visa holders have only 60 days to find new employment before losing status, while other visa categories may have even stricter timelines. Kevin’s firm assists individuals by filing changes of status, such as transitioning from H-1B to B-1/B-2 visitor status, which provides additional time to secure new opportunities.
The Future of Immigration Law in the Tech Industry
Despite common misconceptions, immigration law is not strictly partisan. While there is ongoing debate about undocumented immigration, legal immigration policies have remained relatively unchanged for years. Both parties have been reluctant to implement significant reforms.
Recent administrative changes have introduced new opportunities for entrepreneurs, but sweeping changes, such as automatic green cards for STEM graduates, are unlikely. Additionally, enforcement actions do not exclusively target undocumented immigrants—high-skilled visa holders can also face scrutiny from immigration authorities.
Final Thoughts
Employers and individuals must remain vigilant about their immigration status, especially in times of policy shifts. While some positive changes have occurred, the overall framework of immigration law remains complex and difficult to navigate without legal guidance.