Work status and green cards for U.S. employers' foreign employees
If your company hires foreign nationals in the U.S., transfers staff from an overseas affiliate, or plans to sponsor key employees for green cards, the choice of visa category, the filing timeline and the employer's compliance obligations all need to be planned in advance. Below, by type of matter, are the legal services we provide to employer clients; each category links to a more detailed visa guide.
Hiring foreign professionals in the U.S.
For U.S. companies preparing to hire foreign graduates, professionals, or people with outstanding achievements in their field. Requirements for the position, education, nationality and employer differ significantly between categories.
H-1B specialty occupation work visa
For positions that normally require a bachelor's degree or higher in a related field. Most new hires are subject to the annual cap: the employer first submits an electronic registration for the employee during the registration period set by USCIS, and only if selected can it file the H-1B petition during the designated filing period. Some employers (for example, institutions of higher education and their affiliated nonprofits, and nonprofit or government research organizations) are cap-exempt. H-1B fees and selection rules have changed often in recent years, so check the latest rules before filing. H-1B guide ›
OPT for F-1 students and status continuity
Many H-1B employees previously worked on F-1 OPT or STEM OPT. Employers need to understand OPT time limits, the employer's responsibilities under STEM OPT, and the rules for maintaining status during the transition from OPT to H-1B. F-1/OPT guide ›Cap-Gap tool ›
TN visa (Canadian and Mexican citizens)
Under the United States-Mexico-Canada Agreement (USMCA), Canadian and Mexican citizens can work in the U.S. in the professional occupations listed in the agreement. The employer usually provides an offer letter describing the position and the qualifications, and the position must fall within a listed category. TN guide ›
O-1 extraordinary ability work visa
For people with extraordinary ability in the sciences, arts, education, business, athletics, or the motion picture and television industry. Filed by a U.S. employer or agent; an advisory opinion from a relevant peer group or expert is generally required. O-1 guide ›
Transferring staff from abroad, or employee visas for E-2 companies
For companies with a parent, subsidiary or affiliate abroad, and for E-2 companies owned by treaty-country investors.
L-1A / L-1B intracompany transfers
Within the three years before filing, the employee must have worked continuously for one year at the overseas affiliate as a manager or executive (L-1A) or in a position involving specialized knowledge of the company (L-1B), and must be coming to the U.S. to work in a corresponding role. The U.S. company and the overseas company must have a qualifying relationship recognized by the regulations. L-1 guide ›H-1B / L-1 maximum stay calculator ›
L-1A new office
When a foreign company opens its first U.S. office, it can apply for a new-office L-1A for a manager or executive. Beyond the qualifying relationship and employment requirements, it must show that it has secured physical premises and explain how the U.S. company will, within a reasonable time, grow large enough to support a managerial or executive position. The initial approval period for a new office is shorter, and an extension requires proof that the business is actually operating. L-1 guide ›
Employees of E-2 companies
An E-2 company can apply for E-2 visas for employees in managerial, supervisory or executive roles, or with skills essential to the company's operations (essential skills). The employee must have the same treaty nationality as the company (the company's treaty nationality is determined by the nationality of the investors who own at least 50% of it). E-2 guide ›
Dependents
Accompanying status for employees' spouses and unmarried children under 21, such as H-4, L-2, E-2 dependent and TD, as well as work authorization for eligible spouses.
Permanent residence for key employees
For companies that want to retain foreign employees long term. The employer-sponsored green card process is lengthy, and the employer has its own obligations at every stage. PERM timeline calculator ›
PERM labor certification
Most EB-2 and EB-3 cases first require labor certification from the U.S. Department of Labor (DOL): request a prevailing wage determination, recruit in the U.S. labor market as required, confirm that no qualified U.S. worker is willing to take the position, and then file the ETA-9089. Under DOL regulations, attorney's fees and recruitment costs for labor certification must be paid by the employer and may not be passed on to the employee. PERM guide ›
EB-2 / EB-3 employment-based immigration (I-140)
After the labor certification is approved, the employer files the I-140 immigrant petition. The employer must show its ability to pay the offered wage from the priority date onward, and the employee must show that he or she had the education and experience required for the position as of the priority date. Whether the green card application can then be filed or approved depends on the visa backlog for the employee's country of birth. How to read the Visa Bulletin ›AC21 job change tool ›
EB-1C multinational managers / executives
No labor certification is required. Within the three years before the petition is filed (or, if the employee is already in the U.S. working for the same employer or a related entity, the three years before entering as a nonimmigrant), the employee must have worked for at least one year at an overseas affiliate as a manager or executive; the U.S. company must have been doing business for at least one year and must employ the employee as a manager or executive. Often follows an L-1A. EB-1C guide ›
Categories employees can file on their own
Some employees may qualify for EB-1A extraordinary ability or an NIW (National Interest Waiver), which do not require employer sponsorship. We can help companies and employees compare the different paths. EB-1A vs. NIW ›
Employment eligibility verification and ongoing compliance
After hiring foreign employees, employers must keep complying with immigration and labor rules. The following is a general overview; specific obligations depend on the company's state, industry and the employee's category.
I-9 employment eligibility verification
U.S. employers must complete Form I-9 for every new employee (including U.S. citizens). The employee completes Section 1 no later than the first day of work; the employer must examine the identity and employment authorization documents and complete Section 2 within 3 business days after the employee starts work, and retain the form as required. We can help companies set up an I-9 process, conduct internal audits and correct errors.
E-Verify
E-Verify is the federal government's electronic employment eligibility verification system, and most employers may participate voluntarily. However, employers of STEM OPT students must enroll in E-Verify, and some federal contractors and employers in some states are also required to use it. Whether you must use it depends on your company's circumstances.
H-1B LCAs and public access files
Before filing an H-1B, the employer must obtain a Labor Condition Application (LCA) certified by the Department of Labor, and commits to paying the required wage, posting notice at the worksite, and creating and maintaining a public access file as required. The Department of Labor may investigate LCA compliance.
Changes in worksite or position
When an H-1B employee's worksite, duties or terms of employment change materially, a new LCA may be needed, and an amended petition filed before the change. When the position or employment relationship of an L-1, E-2, O-1 or TN employee changes, you also need to assess whether it affects status. We recommend consulting an attorney before making a change.
How we work with companies
Needs assessment
We learn about the company's structure, the position, the background of the employee to be hired or transferred, and the timeline, then identify viable visa or green card categories and the main risks.
Plan and written engagement
We provide a written plan covering the steps, the documents the company and employee need to prepare, and an approximate timeline; work begins once both sides sign a written engagement agreement setting out the scope of services and fees.
Filing and follow-up
We prepare and finalize the filing, file on time, track case status, respond promptly to requests for evidence (RFEs), and help the employee with consular visa processing or a change of status.
Ongoing compliance
We flag status expiration and extension deadlines and help with ongoing compliance matters such as changes in position or worksite, and I-9 and LCA files.
Scope of services: We provide U.S. immigration legal services to companies and employees only. We do not provide recruiting, staffing or job-matching services, and we do not introduce individuals to employers. The outcome of every application is decided by government agencies such as USCIS, the U.S. Department of Labor and the U.S. Department of State, and we do not guarantee results. Government fees and processing times are as currently published by official sources; see How to check fees and processing times.
This page is a general overview and is not legal advice. This page is Attorney Advertising.