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
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 Status
- 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 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
- 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 Inactive
- American Immigration Lawyers Association, Member
- South Florida AILA, Chapter Member
- South Florida AILA, CBP Miami, Member, 2018-2019
- Liaison Committee, Chair
Publications
- Jan 19, 2021 Greenspoon Marder Immigration Alert: New Developments January 19, 2021
- Jan 8, 2021 Greenspoon Marder Immigration Alert: New Developments January 8, 2021
- Jan 6, 2021 Greenspoon Marder Immigration Alert: New Developments January 6, 2021
- Dec 4, 2020 Greenspoon Marder Immigration Alert: New Developments December 4, 2020
- Dec 2, 2020 Greenspoon Marder Immigration Alert: New Developments December 2, 2020
- Sep 28, 2020 Greenspoon Marder Immigration Alert: New Developments September 28, 2020
- Aug 3, 2020 Greenspoon Marder Immigration Alert: New Developments – August 3, 2020
- Jul 1, 2020 Greenspoon Marder Immigration Alert: E.U. Is Opening But Not To The US
- Jun 23, 2020 Greenspoon Marder Immigration Alert: New Developments June 23, 2020
- Apr 15, 2020 Greenspoon Marder Client Alert: COVID-19 Related Delays in FY 2021 H1-B Cap and Extension/Change of Status Filing
- Mar 20, 2020 Greenspoon Marder Client Alert: US-Canada and US-Mexico Travel Restrictions and April 2020 Visa Bulletin
- Mar 20, 2020 Greenspoon Marder Client Alert: U.S. Citizenship And Immigration Services Today Announced The Immediate And Temporary Suspension Of Premium Processing Service For All Form I-129 And I-140 Petitions Until Further Notice And Announces Flexibility In Submitting Required Signatures During COVID-19 National Emergency
- Mar 18, 2020 Greenspoon Marder Client Alert: Travel and Immigration Advisories Due to Coronavirus Pandemic – Update 3/18/2020
- Mar 12, 2020 Greenspoon Marder Client Alert: Travel Advisories Due To Coronavirus Outbreak
- Feb 20, 2020 Greenspoon Marder Immigration Alert: New Developments – February 20, 2020
- Jan 23, 2020 Greenspoon Marder Immigration Alert: New Developments – January 23, 2020
- Dec 9, 2019 Greenspoon Marder Immigration Alert: New Developments – December 9, 2019
- Dec 5, 2019 Greenspoon Marder Immigration Alert: New Developments – December 5, 2019
- Nov 13, 2019 Greenspoon Marder Immigration Alert: New Developments – November 13, 2019
- Oct 30, 2019 Greenspoon Marder Immigration Alert: New Developments – October 30, 2019
- Oct 2, 2019 Greenspoon Marder Immigration Alert: New Developments – October 2, 2019
- Sep 12, 2019 Greenspoon Marder Immigration Alert: New Developments – September 12, 2019
- Aug 27, 2019 Greenspoon Marder Immigration Alert: New Developments – August 27, 2019
- Aug 19, 2019 Greenspoon Marder Immigration Alert: New Developments August 19, 2019
- Jul 18, 2019 Greenspoon Marder Immigration Alert: New Developments – July 18, 2019
- Jul 1, 2019 Greenspoon Marder Immigration Alert: New Developments – July 1, 2019
- Jun 5, 2019 Greenspoon Marder Immigration Alert: New Social Media Question on DS-160 and DS-260 Applications
- May 22, 2019 Greenspoon Marder Immigration Alert: New Developments – May 22, 2019
- May 9, 2019 Greenspoon Marder Immigration Alert: New Developments – May 9, 2019
- Apr 30, 2019 Greenspoon Marder Immigration Client Alert: A Leap Forward for Israeli Investors – Calling All Entrepreneurs and Start-Ups
- Apr 24, 2019 Greenspoon Marder Immigration Alert: Israeli Investors Update; H-1B Cap for FY 2020 Reached; Changes to Form I-94; USCIS Issues Policy Guidance; May 2019 Visa Bulletin Updates; and Canadian L-1 Applicants Seeking to Extend/Renew L-1 Status Refused at Port of Entry
- Apr 8, 2019 Greenspoon Marder Immigration Alert: H-1B Regular Cap Has Been Met for FY 2020, USCIS Paused the Use of Pre-Paid Mailers, DHS Grants Additional H-2B Visas for Seasonal Employment and USCIS Has Published Notice Extending Validity of EADs for Liberian DED Recipients
- Mar 22, 2019 Greenspoon Marder Immigration Alert: H-1B Electronic Notice Requirement; H-1B Cap: Premium Processing, New H-1B Data Hub and Lottery Selection; President Trump’s First Veto; The Dream and Promise Act; TPS Extended for South Sudan
- Mar 12, 2019 Greenspoon Marder Immigration Alert: USCIS Resumes Premium Processing for All H-1B Petitions (Beginning on March 12, 2019)
- Mar 5, 2019 Greenspoon Marder Immigration Alert: USCIS Extends Last Day to Submit Current Version of Form I-539; OMB Reviewing DHS Proposal to Terminate H-4 EAD Program; USCIS Publishes H-1B RFE Report; DHS Extends TPS for Sudan, Nicaragua, Haiti, and El Salvador
- Feb 19, 2019 Greenspoon Marder Immigration Alert: Biometrics Mandatory for Form 1-539 Applicants, Congress Prepares to Avoid Government Shutdown, March 2019 Visa Bulletin and Southern Border Declared A National Emergency
- Feb 15, 2019 Greenspoon Marder Immigration Alert: USCIS Resumes Premium Processing for H-1B Petitions Filed on or before Dec. 21, 2018
- Feb 14, 2019 Greenspoon Marder Immigration Alert: USCIS to Publish Revised Form I-539 and New Form I-539A; New Fee and Processing Procedure for Form I-539 Applications
- Feb 6, 2019 Greenspoon Marder Immigration Alert: Proposed Rule To Rescind H-4 EAD Expected Before March 18, 2019
- Jan 30, 2019 Greenspoon Marder Immigration Alert: New H-1B Cap Registration Regulation, USCIS Resumes Premium Processing for FY2019 Cap Cases, Government Shutdown Ends, DACA Renewals Still being Accepted, and Migrant Protection Protocols for Mexico Entrants
- Jan 24, 2019 Greenspoon Marder Immigration Alert: It’s That Time of the Year Again: H-1B Cap FY 2020
- Jan 9, 2019 Greenspoon Marder Immigration Client Alert: The Partial Federal Government Shutdown Continues, USCIS Announces Updates, USCIS Discontinues Case-Specific Assistance Via Service Center Email and Mission India Confirms Plans to Increase Capacity
- Dec 19, 2018 Greenspoon Marder Immigration Client Alert: USCIS May End Practice of Denying Pending Forms I-131 for Abandonment; Newly Proposed H-1B Cap Selection Process; UCSIS Adjudication Trends; New Policy Memo on N-648; Visa Bulletin for January 2019
- Dec 5, 2018 Greenspoon Marder Immigration Client Alert: USCIS Issues Guidance, New LCA Form and Congress to Pass Spending Stopgap Before this Weekend
- Nov 21, 2018 Greenspoon Marder Immigration Client Alert: Revised Labor Condition Application In Effect; USCIS To Continue to Expand Implementation of New Policy Memorandum of Notices to Appear; Federal Court Blocks Trump Administration’s Asylum Ban; and Visa Bulletin for December 2018
- Nov 5, 2018 Greenspoon Marder Immigration Client Alert: New LCA and Third-party Placements, DHS Compliance with TPS Preliminary Injunction, I-751 Receipt Notices, H-4 EADs, and InfoPass Phase-Out
- Oct 16, 2018 Greenspoon Marder Immigration Newsletter: USCIS Policy Alert, November 2018 Visa Bulletin, CBP Statement of Canada’s Legalization of Marijuana and Crossing the Border
- Oct 3, 2018 Greenspoon Marder Immigration Newsletter: F-1 Cap-Gap Alert, NTA Policy to be Implemented, Public Charge Ground for Inadmissibility, Fee Waiver Form Revision, H-4 EAD Status Update, EB-5 Program Has Been Extended and Reminder on Premium Processing Filing Fee Increase
- Sep 19, 2018 Greenspoon Marder Immigration Newsletter: Immigration Officers Will Have More Discretion In Issuing Request For Evidence
- Sep 5, 2018 Greenspoon Marder Immigration Newsletter: Premium Processing Fee Increase, H-4 EAD Status Update, CIS Workload Transfer and DACA Update
- Aug 28, 2018 Greenspoon Marder Client Alert: Temporary Suspension of Premium Processing for H-1B Petitions Has Been Extended till February 19, 2019 and Will Include Cap-Exempt Petitions
- Aug 24, 2018 Greenspoon Marder Immigration Newsletter: STEM OPT, September Visa Bulletin and Continuances in Immigration Court
- Aug 15, 2018 Greenspoon Marder Immigration Newsletter, August 15, 2018
- Aug 8, 2018 Greenspoon Marder Immigration Newsletter, August 8, 2018
- Jul 24, 2018 Greenspoon Marder Immigration Newsletter, July 24, 2018
- Jul 11, 2018 Greenspoon Marder Immigration Newsletter, July 11, 2018
- Jun 27, 2018 Greenspoon Marder Immigration Newsletter, June 27, 2018
- Jun 13, 2018 Greenspoon Marder Immigration Newsletter, June 13, 2018
- May 29, 2018 Greenspoon Marder Immigration Newsletter, May 29, 2018
- May 15, 2018 Greenspoon Marder Immigration Newsletter, May 15, 2018
- May 1, 2018 Greenspoon Marder Immigration Newsletter, May 1, 2018
- Apr 23, 2018 Greenspoon Marder Client Alert: USCIS Provides Clarification on Third-Party Placement of STEM OPT Workers
- Apr 17, 2018 Greenspoon Marder Immigration Newsletter, April 17, 2018
- Apr 12, 2018 Greenspoon Marder Client Alert: USCIS Has Completed Selection Process for Fiscal Year 2019 H-1B Cap Petitions
- Apr 6, 2018 Greenspoon Marder Client Alert: USCIS Reaches FY 2019 H-1B Cap
- Apr 4, 2018 Greenspoon Marder Immigration Newsletter, April 4, 2018
- Mar 21, 2018 Greenspoon Marder Immigration Newsletter, March 21, 2018
- Mar 20, 2018 Greenspoon Marder Client Alert: USCIS Will Temporarily Suspend Premium Processing for Fiscal Year 2019 H-1B Cap Petitions
- Mar 7, 2018 Greenspoon Marder Immigration Newsletter, March 7, 2018
- Feb 21, 2018 Greenspoon Marder Immigration Newsletter, February 21, 2018
- Feb 7, 2018 Greenspoon Marder Immigration Newsletter, February 7, 2018
- Sep 9, 2010 The Immigrant Investor Program, also known as “EB-5”
News
- Feb 2, 2021 Greenspoon Marder Immigration Alert: New Developments – February 2, 2021
- Jan 6, 2021 Greenspoon Marder Immigration Alert: New Developments January 6, 2021
- Aug 3, 2020 Greenspoon Marder Immigration Alert: New Developments – August 3, 2020
- Jun 1, 2020 Greenspoon Marder Immigration Alert: New Developments – June 1, 2020
- Jul 26, 2019 Greenspoon Marder Immigration Alert: New EB-5 Regulations Take Effect November 21st
- Jul 25, 2019 Greenspoon Marder Immigration Alert: New Developments – July 25, 2019