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632 EB 5 Attorneys Specializing in Business & Employment

Business immigration encompasses the full range of visa and permanent residence options available to companies that need to hire, transfer, or invest foreign talent in the United States. This includes temporary work visas (H 1B, L 1, O 1, E 2, TN), permanent residence sponsorship (PERM, I 140, EB categories), investor visas (EB 5), and corporate compliance programs (I 9, E Verify). A business immigration attorney serves both the employer and the foreign worker, ensuring that the company's hiring needs are met while complying with immigration regulations. For companies that regularly sponsor foreign workers, an immigration attorney becomes part of the HR infrastructure, advising on hiring strategy, compliance, and long term workforce planning.

Employer Sponsored Temporary Visas

Companies use several temporary visa categories to bring foreign workers to the United States. The H 1B is the most common for specialty occupation roles requiring a bachelor's degree or equivalent. The L 1 transfers employees from foreign offices in managerial, executive, or specialized knowledge roles. The O 1 serves individuals with extraordinary ability, often in technology, science, and the arts. The E 2 is for treaty country investors and essential employees. The TN visa serves Canadian and Mexican professionals under the USMCA. Each category has distinct requirements for the employer, the employee, and the position. A business immigration attorney advises on which category best fits each hiring situation and manages the petition process from filing through approval.

Green Card Sponsorship for Employees

Employers that want to permanently retain foreign talent must navigate the employment based green card process. For most EB 2 and EB 3 cases, this begins with PERM labor certification: a Department of Labor process requiring the employer to demonstrate no qualified U.S. workers are available. After PERM approval, the employer files an I 140 immigrant petition with USCIS. The employee then waits for a visa number to become available (based on category and country of birth) before filing for adjustment of status or consular processing. The process can take years to complete, and companies must plan for employee retention during the wait. An attorney manages the PERM recruitment, I 140 filing, and downstream processing, coordinating with the company's HR team throughout.

I 9 Compliance and Employer Obligations

Every U.S. employer must verify the identity and work authorization of each person hired using Form I 9. Employers that fail to properly complete I 9s face civil fines, criminal penalties for knowingly hiring unauthorized workers, and potential debarment from government contracts. ICE worksite enforcement audits (sometimes called silent raids) can occur without warning. An immigration attorney helps companies establish I 9 compliance programs, train HR staff on proper verification procedures, conduct internal audits to identify and correct errors, and respond to government investigations. E Verify, the electronic verification system, is mandatory for certain employers and voluntary for others. An attorney advises on E Verify obligations and best practices.

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Frequently Asked Questions

What visa should I use to hire a foreign worker?▾

The appropriate visa depends on the worker's qualifications, the nature of the position, the worker's nationality, and whether the need is temporary or permanent. Common options include H 1B (specialty occupations), L 1 (intracompany transfers), O 1 (extraordinary ability), E 2 (treaty investors), and TN (Canadian/Mexican professionals). An attorney evaluates the specific situation and recommends the category most likely to succeed.

How long does it take to sponsor a green card?▾

The total timeline depends on the category and the employee's country of birth. PERM processing takes several months to over a year. I 140 processing takes additional months (premium processing is available). Visa availability depends on the employee's priority date and current visa bulletin backlogs. For Indian born EB 2 and EB 3 applicants, the total wait can exceed a decade. An attorney provides realistic timeline estimates based on current processing conditions.

What are the penalties for I 9 violations?▾

Civil penalties for I 9 violations range from hundreds to thousands of dollars per violation per employee, depending on the nature of the violation and whether it is a first or repeat offense. Knowingly hiring or continuing to employ unauthorized workers carries higher penalties and potential criminal prosecution. An attorney helps companies implement compliance programs that minimize risk.

Can a startup sponsor an H 1B visa?▾

Yes, but startups must meet the same requirements as established companies: the position must qualify as a specialty occupation, the company must demonstrate ability to pay the prevailing wage, and a valid employer employee relationship must exist. For startups with limited revenue, demonstrating ability to pay may require showing funding, investment capital, or other financial resources. An attorney helps structure the petition to address ability to pay concerns.

What is E Verify?▾

E Verify is an electronic system operated by USCIS that allows employers to verify the work authorization of newly hired employees by comparing I 9 information against government databases. E Verify is mandatory for federal contractors, certain state employers, and employers in states with mandatory E Verify laws. An attorney advises on your E Verify obligations and helps ensure proper enrollment and use.

632 EB 5 Attorneys Specializing in Business & Employment

Employer Sponsored Temporary Visas

Green Card Sponsorship for Employees

I 9 Compliance and Employer Obligations

Business & Employment Attorneys by State

Directory Listings

A. Alyce Keshishian

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