Employment Immigration

Employment-based green cards

• EB-1A / EB-1B / EB-1C — extraordinary ability, outstanding researchers, and multinational managers.
• EB-2 NIW — advanced-degree professionals whose work is in the national interest under Matter of Dhanasar.
• EB-2 / EB-3 PERM — traditional sponsored cases requiring DOL labor certification.
• EB-5 — investor green cards (regional center and direct).

Nonimmigrant options

• H-1B specialty workers, including cap-exempt employers and cap-gap protections.
• L-1A / L-1B intracompany transfers.
• O-1 individuals of extraordinary ability.
• TN under USMCA.
• E-2 treaty investor and E-3 Australian specialty.

Why employer compliance matters as much as approvals

A visa approval is not the end of the obligation. The employer's exposure is constant and audit-driven:

• LCA postings, wage levels, and PERM recruitment — DOL can audit at any time and assess back-wage liability under 20 C.F.R. § 655.
• Public Access Files must be available within one working day of request for H-1B, H-1B1, and E-3 workers.
• Material change notifications under Matter of Simeio Solutions — a worksite change without an amendment can render the worker out of status.
• I-9 reverification and E-Verify TNC workflows — ICE Form I-9 audits result in average fines of \$2,500 to \$22,000 per defective form.
• Status maintenance for the worker — an admissibility ground triggered during employment (a DUI, a domestic-violence arrest, an old fraud surfacing during a renewal interview at consulate) can end the case.

We represent both employers and beneficiaries, with conflict-of-interest waivers when appropriate, so the strategy aligns end-to-end.

Admissibility issues unique to work visas

• 214(b) presumption — every nonimmigrant is presumed to be an intending immigrant; only careful documentation rebuts it for non-dual-intent visas.
• Three- and ten-year unlawful presence bars at consular renewal for workers who fell out of status.
• 221(g) administrative processing — security advisory opinions for workers in sensitive technologies under the Technology Alert List.
• Misrepresentation under INA § 212(a)(6)(C)(i) on prior visa applications — once flagged in CCD, follows the worker to every consulate worldwide.