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Benjamin Kurten is the chair of Reinhart’s Immigration Law Group and a shareholder in the firm’s Labor and Employment and International practices. His broad experience and ability to connect relationally with clients make him especially effective at seeing possibilities. Because immigration laws and procedures are unique, complex and constantly evolving, Ben helps employers stay abreast of developments to ensure they remain in full compliance.
He advises large multinational corporations, small private companies and individual investors on transferring international personnel, hiring foreign-born talent with hard-to-find skill sets and establishing new investment enterprises or branch operations. Ben helps clients understand how immigration issues impact their business operations, including restructuring plans, hiring decisions and long-term growth. His deep experience enables him to offer proactive legal advice that anticipates potential problems and helps resolve them before they become issues.
He works with a range of industries including manufacturing, health care, research, financial services, technology, education, entertainment, professional sports, consumer goods and agriculture. Ben collaborates across practice areas, managing the full spectrum of immigration issues by leveraging counsel available from the firm’s labor and employment, employee benefits, international and domestic tax and business organization attorneys to ensure clients can capitalize on all opportunities. His experience also includes assisting individuals with bringing family members into the Unites States through the immigration process to obtain U.S. citizenship.
Ben has successfully argued cases before the Executive Office of Immigration Review, the Board of Immigrations Appeals and the Administrative Appeals Office, and he frequently speaks on immigration topics.
Clients appreciate Ben’s creative solutions as well as his sense of humor. He remains confident in his decision to abandon Marine Science and pursue a law degree as dolphins have very sharp teeth and bite frequently—a work hazard he does not face as a lawyer.
Away from the office, he enjoys his involvement with Boy Scouts of America, hunting and fishing, and working with Congress and advocacy groups to spark change in immigration policies.
Education
- J.D., University Wisconsin Law School
- B.A., University of Miami
Bar Admissions
Wisconsin
Court Admissions
- U.S. District Court, Eastern District of Wisconsin
- U.S. District Court, Western District of Wisconsin
Practices
Services
- Nonimmigrant employment visa petitions, including:
- H-1B (professionals)
- H-3 (trainees)
- L-1A (managers and executives)
- L-1B (specialized knowledge)
- O-1 (extraordinary ability)
- P-1 (athletes)
- E-1 (treaty traders)
- E-2 (treaty investors)
- TN (NAFTA workers)
- Blanket L-1 authorization to more easily transfer international specialized knowledge, managerial and executive employees to the United States
- Permanent residency processing through immigrant visas in the Employment-Based First Preference (EB-1) areas of Multi-national Managers/Executives, Outstanding Researchers and Extraordinary Ability
- Permanent residency processing through the application for foreign labor certification (PERM) processes for immigrant visas in either the Employment-Based Second and Third Preferences (EB-2 and EB-3)
- Permanent residency processing through the National Interest Waiver (NIW) process for immigrant visas in EB-2
- J-1 two-year return and inadmissibility waivers with particular emphasis on waivers for foreign physicians, including Conrad 30 and HHS waivers
- Family-based (marriage, fiancé(e), parent-child, sibling) immigrant visa petitions
- Adjustment of Status (I-485) applications to obtain permanent resident status
- Diversity Visa Lottery permanent resident processing
- Consular processing of immigrant visas and nonimmigrant visas at U.S. consulates outside the United States
- Post-permanent resident processes such as reentry permits, preservation of permanent resident status for naturalization purposes and naturalization
- Development of employment verification (I-9) system and E-Verify compliance programs
- In-house audits of H-1B and I-9 programs, policy development for Department of Labor and Department of Homeland Security investigations and investigation defense
- Development of effective anti-discrimination policies related to immigration, including management of Office of Special Counsel (Department of Justice) investigations
Honors
- Best Lawyers Immigration Law “Lawyer of the Year” (2012)
- Best Lawyers in America (Immigration Law)
- Martindale-Hubbell BV® Distinguished Peer Review Rated
- Selected for inclusion in Wisconsin Super Lawyers – Rising Stars Edition (Immigration)
Affiliations
- American Immigration Lawyers Association (Chapter Chair, Wisconsin Chapter 2014-15)
- Wisconsin Lawyers’ Fund for Client Protection (Former Chair and Committee Member)
- State Bar of Wisconsin, International Law Section (former President, current Board Member)
- International Medical Graduate Task Force (Chair of Calls Committee)
- Boy Scouts of America (Assistant Scout Master/Advisor/Unit Commissioner and Recipient of the Silver Beaver Award)
- Milwaukee Bar Association
News & Insights
Ben Kurten Co-Presents on J-1 Two-Year Home Residency Waiver for Foreign Physicians
Webinars & Presentations
Registration for New H-1B Slots Starts March 6, 2024
Alerts & Updates
Ben Kurten Presents on Immigration for Local SHRM Chapter
Webinars & Presentations
New Form I-9 Means New Regulations for Employers
Alerts & Updates
End of Pandemic Era I-9 Flexibilities
Alerts & Updates
Registration for New H-1B Slots Starts March 1, 2023
Alerts & Updates
- "Navigating the J-1 Two-Year Home Residency Waiver for Physicians," American Immigration Lawyers Association (February 2024)
- "The Basics of Immigration Law for HR Professionals," Society for Human Resource Management (SHRM) – Sheboygan Chapter (December 2023)
- "Business Immigration Law – A Primer for Those Who Hire, Manage or Recruit Foreign Talent," Reinhart CLE Seminar (November 2016)
- "Recipes to Avoid Immigration Issues," Reinhart Labor and Employment Seminar (April 2015)
- "U.S. Immigration Issues for Foreign Businesses," Reinhart Webinar (March 2014)
- "Dealing with Immigration Issues in the Hiring Context," Reinhart Labor and Employment Seminar (January 2014)
- "Immigration Reform and Compliance: What Employers Need to Know," UW-Lacrosse College of Business Administration Global Initiatives Week (November 2013)
- "Important Pieces of the Employment Law Puzzle," Reinhart Labor and Employment Seminar (February 2013)
- "When ICE Comes Knocking: What Employers Should Do to Better Insulate Themselves from Claims of Illegally Recruiting, Hiring or Retaining Undocumented Workers," Reinhart Labor and Employment Seminar (January 2012)
- "Basic Immigration Law for Employers," Reinhart Webinar (June 2011)
- "Immigration Issues to Consider When Hiring International Physicians," Reinhart Webinar (March 2011)
- "I-9 Self Audits and Compliance Policy Implementation," Reinhart Labor and Employment Seminar (January 2011)
- Look Outside the Line for Talent, Milwaukee Commerce Magazine (December 14, 2022)
- Registration for H-1B Slots Starts March 1, 2022, Reinhart Alert (February 7, 2022)
- United States Ends International Travel Ban With New COVID-19 Requirements, Reinhart Alert (October 29, 2021)
- Temporary Authorization to Complete Form I-9s Remotely During the COVID-19 Pandemic Extended, Reinhart Alert (February 15, 2021)
- H-1B Cap Registration Process for New H-1B Slots – Registration Starts March 9, 2021, Reinhart Alert (February 9, 2021)
- President Trump Announces Expanded Temporary Suspension of Immigrant and Nonimmigrant Visa Processing, Reinhart Alert (June 24, 2020)
- New Version of Form I-9 Required to be Used Beginning May 1, 2020, Reinhart Alert (March 25, 2020)
- Temporary Remote I-9 Completion Policy Announced by DHS for New Hires During COVID-19 Crisis, Reinhart Alert (March 20, 2020)
- What Employers Need to Know to Ensure Their Records and Practices Comply With H-1B Laws (Part 1; Part 2; Part 3v) (February 2020)
- Creation of New H-1B Cap Registration Process for New Slots, Reinhart Alert (January 10, 2020)
- ‘Help Your Colleagues’: More than $207,000 Reimbursed for Lawyer Theft, State Bar of Wisconsin (July 2019)
- Social Security No-Match Letters Resume in 2019, Reinhart Alert (January 2, 2019)
- ICE to Employers: Pay Close Attention to Immigration-related Workforce Rules State Bar of Wisconsin, (September 2018)
- Temporary Suspension of Premium Processing Option for All H 1B Petitions, Reinhart Alert (March 8, 2017)
- Plan Now For FY2018 H-1B Cap Filing Season, Reinhart Alert (January 20, 2017)
- Trumpification of Immigration: The Trump Administration’s Impact on Immigration Law, Reinhart Alert (December 5, 2016)
- USCIS Issues Revised Form I-9 Effective January 22, 2017, Reinhart Alert (November 28, 2016)
- H-1B: What Employers Need to Know to Ensure Their Records and Practices Comply with H-1B Laws, Reinhart Alert (April 28, 2016)
- H‑1B Filing Season on the Horizon, Reinhart Alert (January 5, 2016)
- Recipes to Avoid Immigration Issues, Reinhart Alert (April 30, 2015)
- U.S. Immigration Issues for Foreign Businesses, Reinhart Alert (March 25, 2014)
- U.S. Corporate Issues for Foreign Businesses, Reinhart Alert (February 25, 2014)
- I-9 Form Updated – New Version (Rev. 03/08/13) Effective Immediately, Reinhart Alert (March 15, 2013)
- April 1 H-1B Initial Filing Date for FY 2014 Quickly Approaching, Reinhart Alert (February 13, 2013)
- Form I-9: Verifying Employment Eligibility – Can I Go Too Far? Wisconsin Lawyer, 85 Wis. Law. 16-20 (July 2012)
- Seven Tips to Ensure Your Practices Comply with Laws for Employing H-1B Workers, Reinhart Alert (January 16, 2012)
- H-1B DOL Inspection Files – Are Yours Ready?, Reinhart Alert (December 15, 2011)
- Employ H-1B Workers? What Employers Need to Know to Ensure That Their Records and Practices Comply with H-1B Laws, Reinhart Alert (November 14, 2011)
- Social Security No-Match Letters Resume in 2011, Wisconsin Lawyer, 84 Wis. Law. 19-22 (October 2011)
- 11 Tips to Ensure That Your I-9 Forms Comply with Law, Reinhart Alert (July 11, 2011)
- Hiring International Physicians—Knowing the Terminology Is Half the Battle, Reinhart Alert (June 6, 2011)
- What Employers Should Know to Better Protect Themselves from Claims of Illegally Recruiting, Hiring or Retaining Unauthorized Workers, Reinhart Alert (March 7, 2011)
- Co-author of USCIS to Increase Employer Visits to Deter Visa Fraud, SHRM Online, September 17, 2009
- Co-author of Clinical J-1 Waivers – A Primer, Immigration & Nationality Law Handbook, 611- 631, American Immigration Lawyers Association eds. 10th ed., 2009
- Editor, Immigration Law chapter of the Wisconsin Attorney’s Desk Reference