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.
- Province of Quebec, Canada
- J.D., Nova Southeastern University, 1979
- B.C.L., McGill University Montreal, 1970
- B.A., Dalhousie University, Halifax, 1967
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
- (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 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.
- 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
- Greenspoon Marder Immigration Alert: USCIS Resumes Premium Processing for H-1B Petitions Filed on or before Dec. 21, 2018
- 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
- Greenspoon Marder Immigration Alert: Proposed Rule To Rescind H-4 EAD Expected Before March 18, 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
- Greenspoon Marder Immigration Alert: It’s That Time of the Year Again: H-1B Cap FY 2020
- 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
- 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
- Greenspoon Marder Immigration Client Alert: USCIS Issues Guidance, New LCA Form and Congress to Pass Spending Stopgap Before this Weekend
- 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
- 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
- Greenspoon Marder Immigration Newsletter: USCIS Policy Alert, November 2018 Visa Bulletin, CBP Statement of Canada’s Legalization of Marijuana and Crossing the Border
- 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
- Greenspoon Marder Immigration Newsletter: Immigration Officers Will Have More Discretion In Issuing Request For Evidence
- Greenspoon Marder Immigration Newsletter: Premium Processing Fee Increase, H-4 EAD Status Update, CIS Workload Transfer and DACA Update
- 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
- Greenspoon Marder Immigration Newsletter: STEM OPT, September Visa Bulletin and Continuances in Immigration Court
- Greenspoon Marder Immigration Newsletter, August 15, 2018
- Greenspoon Marder Immigration Newsletter, August 8, 2018
- Greenspoon Marder Immigration Newsletter, July 24, 2018
- Greenspoon Marder Immigration Newsletter, July 11, 2018
- Greenspoon Marder Immigration Newsletter, June 27, 2018
- Greenspoon Marder Immigration Newsletter, June 13, 2018
- Greenspoon Marder Immigration Newsletter, May 29, 2018
- Greenspoon Marder Immigration Newsletter, May 15, 2018
- Greenspoon Marder Immigration Newsletter, May 1, 2018
- Greenspoon Marder Client Alert: USCIS Provides Clarification on Third-Party Placement of STEM OPT Workers
- Greenspoon Marder Immigration Newsletter, April 17, 2018
- Greenspoon Marder Client Alert: USCIS Has Completed Selection Process for Fiscal Year 2019 H-1B Cap Petitions
- Greenspoon Marder Client Alert: USCIS Reaches FY 2019 H-1B Cap
- Greenspoon Marder Immigration Newsletter, April 4, 2018
- Greenspoon Marder Immigration Newsletter, March 21, 2018
- Greenspoon Marder Client Alert: USCIS Will Temporarily Suspend Premium Processing for Fiscal Year 2019 H-1B Cap Petitions
- Greenspoon Marder Immigration Newsletter, March 7, 2018
- Greenspoon Marder Immigration Newsletter, February 21, 2018
- Greenspoon Marder Immigration Newsletter, February 7, 2018
- The Immigrant Investor Program, also known as “EB-5”