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Herschel Gavsie

Partner
Overview

With a combined background in the practice of law and hands-on senior business management experience in Canada and the United States, and having the personal experience of immigrating to the United States on two separate occasions, Herschel Gavsie provides both Business and Immigration Law advice to both the non immigrant and intending U.S. immigrant who is seeking to move to the United States to do business or invest in a business either on a temporary or full time basis. While concentrating his practice in immigration law, Mr. Gavsie also provides legal advice in the areas of Corporate/Business and Real Estate Transactions for his inbound clients.

Bar Admissions

  • Florida
  • Province of Quebec, Canada

Education

  • J.D., Nova Southeastern University, 1979
  • B.C.L., McGill University Montreal, 1970
  • B.A., Dalhousie University, Halifax, 1967

Other Languages

  • French
Experience

Representative Experience

Mr. Gavsie has represented clients before the United States Citizenship and Immigration Service as well as Consulates in the Americas, Mexico, Europe and Asia.

He has successfully represented cases including:

Non-Immigrant Visa Categories:

  • L-1A and L-1B Visas: inter company transferee for executives/managers and persons with specialized knowledge available up to 7 years or 5 years. This visa may also qualify the beneficiary to be sponsored for permanent residence.
  • E-1 and E-2 Visas: applicants for business investors from countries benefiting from Navigation and Commerce Treaties as treaty traders or treaty investors entitling the successful applicant to remain in the United States with his/her immediate family for a period usually of five years and renewable as long as the business continues to run profitably
  • O and P Visas: for persons of extraordinary ability or achievement such as artists, entertainers, motion picture production, athletes, high end chefs or business professionals who lack professional degrees
  • H-1B Specialty Occupation Visas: for positions requiring a four year bachelor’s degree or the equivalent degree based on work experience available up to a limit of six years (2 x 3 years at a time)
  • TN NAFTA Visas: professional and management consultants; available for citizens of Canada and Mexico, available for up to 3 years at a time.
  • F-1 Student Visas: available for Duration of Statu
  • H-2B Temporary Worker Visas: based on peak or seasonal or one time need
  • Change and Extension of Non-Immigrant Visa various categories
  • J-1 Exchange Visas: including medical interns

Employment Based:

  • (EB-5) Visas Immigrant Investor: either through direct investment in an Enterprise that the investor will manage or investment through a USCIS authorized Regional Center Program of $1,000,000 or $500,000 in an Employment Creation Enterprise creating 10 Full-Time Jobs (35 hrs a week) per qualified investment. Regional Center Investments do not require full time management in the enterprise and qualify for both direct and indirect/induced job creation to achieve the required 10 job requirement. The investor may live anywhere in the United States and is not required to live where the investment is made.
  • Filing of PERM Labor Certification applications with the U.S. Department of Labor where the U.S. Employer is recruiting a foreign employee
  • Filing of I-140 Employer Petitions for Alien Workers filed after receiving Certification Approval (PERM) from the U.S. Department of Labor. These I-140 Petitions may be filed in the EB-2 or EB-3 category depending on the job requirements set by the Employer and Department of Labor standards for the job and the educational and work experience needed. Waiting times for availability of visas in EB-2 vs. EB-3 category professions may affect the employer’s ability to recruit foreign professional workers.

Family Based:

  • Family based Immigrant Visa I-130 Petitions Immediate Relative I-130 Petitions by a U.S. citizen for spouse and minor children or for mother and/or father whether in the United States or living abroad.
  • Petitions by U.S. Citizens for spouses and parents located in the United States may simultaneously file for their relative who may also file an I-485 Adjustments of Status application or after the I-130 approval, Consular Process abroad for the parent or spouse if they are outside of the United States.
  • FIANCE K-1 (coming to marry) and K-3 (already married) Immigrant Visa Petitions. The beneficiary files for Adjustment of Status after marriage in the U.S. or if already married after entry on a K-3 Visa.

Other Areas:

  • Diversity Lottery Visa
  • I-9 Employer Compliance and Audits
  • United States Citizenship Cases
  • Waiver Cases both USCIS and Department of State
  • Border and CBP Issues

Professional and Community Involvement

  • Florida Bar, International Law Section, Member
  • Quebec Bar Association, Barreau du Quebec
  • American Immigration Lawyers Association, Member
  • South Florida AILA, Chapter Member
  • South Florida AILA, CBP Miami, Member, 2018-2019
    • Liaison Committee, Chair

Publications

Publications