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Hector A. Chichoni

Partner
Overview

Hector A. Chichoni is a partner in the Immigration and Naturalization practice group at Greenspoon Marder LLP. Mr. Chichoni focuses on U.S. and global immigration law, representing both corporate and individual clients, including healthcare organizations, Fortune 100 and Fortune 500 companies, multinational corporations, universities, and professionals such as doctors, professors, researchers, and students. He handles international matters and business transactions, and has represented clients in a variety of cases before the U.S. Immigration Court.

With extensive experience in large, complex corporate immigration matters, Mr. Chichoni has managed cases with potential impacts exceeding millions of dollars. He assists clients with immigration audits, visa procurement (both nonimmigrant and immigrant), and advises non-U.S. companies on establishing U.S. operations for the transfer of key executives, managers, and specialists. Additionally, he counsels U.S. and international businesses, educational institutions, and non-profits on U.S. visa options related to business, employment, and investment. Mr. Chichoni also represents employers in I-9 compliance and defends against worksite enforcement actions by U.S. Immigration and Customs Enforcement (ICE). He guides investors and their families through all stages of the EB-5 immigration process, from adjustment of status and immigrant visa processing to consular interview preparation and source-of-funds documentation.

Mr. Chichoni has served as lead counsel for immigration and employment verification during major acquisitions, mergers, and corporate reorganizations. He has provided pro bono representation for foreign nationals detained at ICE Processing Service Centers, appearing before Immigration Court and the Board of Immigration Appeals. He also serves as lead immigration counsel for international corporate clients, assisting employees with obtaining foreign visas and work authorization for assignments both in and outside the U.S. In addition, he has trained in-house legal teams on preparing petitions for the temporary admission of foreign nationals, educated the press on accurate reporting of immigration issues, and advised universities on the fundamental research exception as it applies to foreign students, researchers, and professors. Mr. Chichoni has also developed policies and procedures to help employers ensure compliance with U.S. immigration laws while addressing export licensing issues and federal anti-discrimination provisions.

In his leadership role, Mr. Chichoni serves as the National Immigration Counsel for ALTA (Latin American and Caribbean Air Transport Association), a trade association for airlines in Latin America, and for RBA (Retail Bakers of America), which represents retail bakers and affiliated industries across the U.S.

A recognized thought leader in immigration law, Mr. Chichoni is frequently invited to speak at both U.S. and international conferences and has been quoted in numerous media outlets on issues relating to immigration and international law.

Bar Admissions

  • Texas
  • Utah

Court Admissions

  • Supreme Court of the United States
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of International Trade
  • U.S. District Court for the District of Utah
  • U.S. District Court for the Northern District of Texas

Education

  • University of Oxford, Oxford Entrepreneurship: Venture Creation Programme, 2022
  • Harvard University, The Derek Bok Center for Teaching and Learning, Higher Education Teaching Certification, 2021
  • J.D., Brigham Young University J. Reuben Clark Law School, 1996
    • Journal of Law and Education, Conference Editor
  • M.P.A., Brigham Young University Marriott School of Business, 1996
  • B.A., Brigham Young University, Political Science and International Relations, 1992

Languages

  • Spanish
  • Portuguese
  • Italian (functional)
  • French (functional)
Experience

Representative Experience

  • Obtained a decision from the U.S. Citizenship and Immigration Services (USCIS) Ombudsman and Chief Counsel reversing an improper rejection of an H-1B petition and resulting in an immediate re-processing of the petition.
  • Served as lead immigration counsel to individuals in matters before immigration trial judges and file briefs before the Board of Immigration Appeals and the U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office.
  • Served as lead immigration counsel for international corporate clients. Obtain foreign visas and work authorizations for employees assigned inside and outside of the United States.
  • Counseled U.S. and international businesses, educational institutions and nonprofit entities regarding temporary and permanent business- , employment- and investment-related U.S. visas.
  • Served as lead counsel for immigration and employment-verification issues during large acquisitions, mergers and corporate reorganizations.
  • Served as pro bono lead immigration counsel on immigration-related matters in U.S. immigration court and before the Board of Immigration Appeals on behalf of foreign nationals detained at U.S. Immigration and Customs Enforcement (ICE) service processing centers.
  • Counseled non-U.S. companies establishing U.S. operations for the transfer of key executives, managers and specialists into the United States.
  • Assisted foreign nationals in obtaining U.S. citizenship.
  • Processed deemed export licenses with the U.S. Department of Commerce to authorize release of controlled technology while coordinating applicable visas for foreign nationals.
  • Advised universities and other organizations on the fundamental research exemption to export-control regulations and its applicability to the activities of foreign graduate students, researchers, visiting professors and others.
  • Developed systems, procedures and policies in accordance with U.S. immigration laws for employers to provide screening mechanisms for new hires with export-licensing issues while complying with federal antidiscrimination provisions.
  • Represented employers in connection with I-9 compliance and work-site enforcement actions by U.S. Immigration and Customs Enforcement (ICE).
  • Assisted with streamlining companies’ internal processes for the transfer of employees, including U.S. Exchange Visitor Program and blanket L visa and H-2B visa programs.
  • Trained in-house legal personnel in preparing applications and petitions for the temporary admission of foreign nationals.
  • Represented one of the largest children’s hospitals in the United States in obtaining nonimmigrant and immigrant visas for doctors and researchers of extraordinary and exceptional ability.
  • Handled crossovers between immigration and export-control matters to avoid corporate liabilities that could lead to governmental audits and fines.
  • Served as lead immigration counsel in advising and defending a large national corporate client during immigration audits from legacy INS.
  • Handled large, complex corporate immigration matters exceeding millions of dollars in potential impact.

Professional and Community Involvement

  • American Immigration Lawyers Association, Member
  • American Bar Association, Member
  • Council on Education in Management
    • Member, Editorial Team
  • Reuben Clark Law Society
    • Founder and Chair, Miami Chapter
    • Chair and Chair-Elect, Cincinnati Chapter
  • NAFSA: Association of International Educators, Member
  • National Lawyers Guild, Member
    • National Immigration Law Project
  • National Foreign Trade Council, Member
    • Visa Working Group
  • The College of the State Bar of Texas, Member
  • Greater Miami Chamber of Commerce, Member
  • Brazilian American Chamber of Commerce, Member
  • Coral Gables Chamber of Commerce, Member
  • Hispanic Chamber of Commerce of Greater Cincinnati, Board Member

Speaking Engagement

  • Speaker, “Immigration and Civil Rights in the US,” Hispanic National Bar Association (“HNBA”) Annual Conference, March 2023
  • Roundtable Host, “NAFTA Update: What Effects Will the Current Political Climate in the U.S. Have on the Trade Agreement?” United States-Mexico Chamber of Commerce Inter-American Chapter Briefing, Miami, Florida, September 29, 2016
  • Co-Chair, 6th Annual South Florida’s Premier Labor & Employment Law Conference, Miami, Florida, August 18-19, 2016
  • Roundtable Organizer, “Practical Aspects of Doing Business in Mexico and the U.S.,” United States-Mexico Chamber of Commerce Inter-American Chapter Briefing, Miami, Florida, May 4, 2016
  • Speaker, “Cuba—In Plain English: What U.S. Businesses Need to Know,” Miami, Florida, January 14, 2016
  • Co-Chair, 5th Annual South Florida’s Premier Labor & Employment Law Conference, Miami, Florida, August 6-7, 2015
  • Speaker, “U.S. Immigration Law and The Diversity Visa Program for FY2014,” Café Caracol, October 14, 2013
  • Speaker, “Immigration Legal Update,” South Florida’s 2nd Annual Premier Labor & Employment Law Conference, Fort Lauderdale, Florida, September 20-21, 2012
  • Speaker, “New I-9 Hurdles: Internal Audits, Investigations, Enforcement, and Penalties,” Hospitality Human Resources Association, Orlando, September 17-18, 2012
  • Speaker, “Business Immigration Issues,” Miami Immigration Court, August 1, 2012
  • Speaker, “New ICE & I-9 Enforcement Challenges,” Advanced Employment Issues Symposium Western Conference, Las Vegas, November 18, 2011
  • Speaker, “Immigration Law Update,” The Seminar Group’s South Florida Premier Labor and Employment Law Conference, Miami, Florida, September 22, 2011
  • Speaker, “New ICE & I-9 Enforcement Challenges,” Advanced Employment Issues Symposium Eastern Conference, Nashville, October 7, 2011
Awards

Recognitions

  • Daily Business Review, “Distinguished Leader,” Florida Legal Awards, 2021
  • U.S. News and World Report, “The Best Lawyers in America®,” Litigation – Labor and Employment, 2018
  • Legal 500, “Leading Lawyers,” Immigration, 2015
  • Martindale-Hubbell, AV® Preeminent™ Peer Review Rated
Publications

In the News

  • Quoted, “How To Avoid Immigration Pitfalls Of ‘No-Match’ Letters,” Law360, May 24, 2019
  • Quoted, “Employment Authorization Delays Leave Businesses In Lurch,” Law360, March 26, 2019
  • Quoted, “Immigration Attys Ride Out Limited Service In Shutdown Slog,” Law360, January 18, 2019
  • Quoted, “Business Immigration’s Uncertain Path Post-Travel Ban Ruling,” Munsch Hardt, June 29, 2018
  • Quoted, “Attorneys Gird For Potential End Of H-4 Holders’ Ability To Work,” Law360, May 7, 2018
  • Quoted, “Attorneys Brace For More Scrutiny Of H-1B Visa Applications,” Law360, February 7, 2018
  • Quoted, “Trump Establishes Immigrant, Visitor Vetting Center,” Law360, February 6, 2018
  • Quoted, “Trump’s Immigration Road Map Has Attys Scrambling,” Law360, January 26, 2018
  • Quoted in, “South Florida Companies Hoping to Preserve Cuba gains Await New
  • Trump Rules,” Sun-Sentinel, June 9, 2017
  • Quoted in, “Will Trump’s Immigration Policies Wreck the Construction Industry?’, The
  • Real Deal, April 4, 2017
  • Quoted in “Miami panelists try to sort out the real deal on NAFTA,” Miami Herald, September 29, 2016
  • Quoted, “Q&A With Cozen O’Connor’s Nelsy Gomez,” Law360, April 2, 2015

Publications

  • Author, “Preparing for the Inevitable: The 2024 Election and How Employers Can Stay Ahead of US Immigration Law Changes,” Daily Business Review, October 23, 2024
  • Author, “Transitioning Cos. Can’t Forget Pending Green Cards,” Law360, September 18, 2018
  • Author, “Employers Should Start Preparing for Tougher U.S. Immigration Laws,” Miami Herald, January 8, 2017
  • Author, “Navigating the Barriers to Global Mobility,” com, March 21, 2011
  • Author, “I-9 Retention: How and What to Keep,” HR Magazine, February 2011
  • Author, “I-9 Compliance Crackdowns,” HR Magazine, February 2011
  • Author, “‘E’ Visas for Traders & Investors,” Money Market Magazine, January 31, 2011
  • Author of a chapter in “What to Do When the Government Knocks at Your Door: Dealing with Trouble,” an immigration publication from the Council on education in management

 

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