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Employment Immigration

Roanoke Immigration Law Center | Families and Businesses

Employment Immigration

Employment-based immigration refers to temporary work visas and permanent residence (“green cards”) obtained through U.S. employment. Unlike family-based immigration, these pathways are tied to job offers or a person’s professional qualifications. They matter because they allow American businesses to fill critical skill gaps and remain competitive, while providing foreign professionals the chance to build their careers in the U.S. and contribute their talents. Whether you’re an employer looking to sponsor a valuable employee or a skilled worker exploring your options, our team is here to guide you every step of the way.

H-1B Visas

An H-1B is a temporary (nonimmigrant) visa that allows a U.S. employer to hire a foreign worker in a job that typically requires at least a bachelor’s degree or higher in a specific specialty field. Examples of H-1B occupations include engineers, software developers, scientists, accountants, architects, and other professionals. If you are a company needing a highly skilled worker for a difficult-to-fill position, or a professional with specialized knowledge, the H-1B can be an excellent option.

Key features of H-1B visas:

  • Employer Sponsorship: A U.S. employer must offer a job and petition for the foreign worker. The job must truly require a specialized degree and the employee must have the appropriate degree or equivalent credentials. The employer files a petition with U.S. Citizenship and Immigration Services (USCIS), which includes a Labor Condition Application (LCA) approved by the Department of Labor. The LCA process ensures the employer will pay at least the prevailing wage and meet other conditions to protect U.S. workers.
  • Duration and Cap: H-1B status is initially granted for up to 3 years and can typically be extended to a maximum of 6 years. There is an annual cap on new H-1B visas (currently 65,000 per year, with an additional 20,000 for U.S. advanced degree graduates) and when more petitions are filed than available spots, a lottery system selects petitions at random. Certain employers like universities and research institutions are exempt from the cap.
  • Dual Intent: Uniquely, the H-1B is a dual intent visa. This means H-1B holders can pursue a green card without jeopardizing their visa status. Many people use the H-1B as a stepping stone to permanent residency by having their employer sponsor them for an employment-based green card while they are working on H-1B status.
  • Local Impact: Our firm assists employers in preparing robust H-1B petitions, from documenting the job requirements to obtaining certified LCAs. For workers, we provide guidance on H-1B eligibility and help you understand your rights and steps once in the U.S. We know the H-1B process can be competitive and daunting, and we’re here to make it as smooth as possible.

L-1 Visas

The L-1 visa is another important tool for businesses, especially multinational companies with offices abroad and in the United States. L-1 visas allow intra-company transfers of key employees: bringing foreign staff to the U.S. branch or headquarters. There are two types: L-1A for managers and executives, and L-1B for employees with specialized knowledge of the company’s products, services, or processes.

Key points about L-1 visas:

  • Qualifying Relationship: The U.S. company must have a qualifying relationship with the foreign company where the employee currently works (for example, parent, subsidiary, branch, or affiliate). The employee must have worked for the overseas entity for at least 1 continuous year within the past 3 years in a managerial, executive, or specialized knowledge role before transferring to the U.S.
  • L-1A (Managers/Executives): L-1A visas are for high-level managers and executives. These are the people who direct the organization or a major function of it. L-1A status can be held for up to 7 years and often serves as a gateway to an EB-1C green card (for multinational managers) down the road.
  • L-1B (Specialized Knowledge): L-1B visas are for employees who have in-depth, proprietary knowledge about the company’s products, services, research, systems, or processes. This might be a software developer who intimately knows the company’s platform, or an engineer with unique expertise in the company’s technology. L-1B status can be held for up to 5 years.
  • No Quota or Lottery: Unlike H-1B, there is no annual cap for L-1 visas. If the company and employee qualify, the visa can be applied for at any time of year. However, L-1 petitions do require extensive documentation to prove the company relationship and the employee’s role and experience. Our attorneys help assemble the evidence to demonstrate you meet the criteria, avoiding common pitfalls (for example, clearly detailing job duties to show managerial capacity or specialized knowledge).
  • Roanoke Business Benefits: For local companies in Roanoke that are expanding globally or foreign companies opening U.S. operations in Virginia, L-1 visas are invaluable. They allow you to bring trusted personnel who understand your business into the U.S. to launch new ventures or manage existing operations. We assist companies with both individual L-1 petitions and L-1 “blanket” petitions that simplify the process for frequent transfers. For the transferring employees, we know it’s a big transition. We provide guidance on what to expect and how the visa works for your family (L-2 visas for spouses/children, work authorization for spouses, etc.). Our goal is to make the relocation process less stressful for both the employer and the employee.

O-1 Visas

The O-1 is a nonimmigrant visa for individuals with extraordinary ability in the sciences, arts, education, business, or athletics (as well as the motion picture and television industry. O-1 visas are reserved for those who can demonstrate sustained national or international acclaim, for example, renowned researchers, award-winning artists, elite athletes, or executives known for significant industry achievements.

Highlights of the O-1 visa:

  • Extraordinary Ability Criteria: To qualify, the candidate must provide extensive evidence of acclaim and recognition in their field. This can include major awards (an Olympic medal, a Pulitzer prize, etc.), published material about the person’s work, memberships in organizations requiring outstanding achievements, original contributions of significance, high salary indicative of exceptional ability, and similar markers of distinction. The standard is high, but it’s meant to ensure only the very best receive O-1 status.
  • O-1A vs. O-1B: The O-1A covers fields like science, business, education, and athletics. The O-1B is for individuals in the arts or the film/TV industry (with slightly tailored criteria, such as significant recognition in motion pictures or television). We help clients determine which category fits and how to document their extraordinary achievements. Letters from experts in the field, press coverage, and award certificates are common pieces of evidence we compile.
  • No Cap and Flexible Duration: O-1 visas are not subject to annual quotas or lotteries. They are initially granted for up to 3 years to cover a specific event or project (which can be broadly defined as an employment period), and can be extended indefinitely in 1-year increments as long as the individual continues in the field and shows they remain at an extraordinary level. This provides flexibility for both the employer and the individual to continue the employment as needed.
  • Agent or Employer Sponsor: An O-1 visa can be sponsored by a traditional employer or by an “agent” for gig-based professionals (common in entertainment or arts). We assist in structuring the petition appropriately. If you are a talented individual considering an O-1, our firm will give you an honest assessment of your qualifications and help identify and gather the strongest evidence. For employers, having an O-1 caliber individual on your team can be transformative – we take pride in helping bring exceptional talent to local businesses and institutions in Virginia.
  • Pathway to Residency: While the O-1 is strictly a nonimmigrant visa, many O-1 visa holders later pursue permanent residence via EB-1 immigrant visas or other categories. We can coordinate long-term planning so that your extraordinary ability is recognized not just for a temporary visa, but potentially for a green card in the future. Our support is holistic and forward-looking, giving you a road map for your immigration journey.

TN Visas

Under the United States’ trade agreements with its North American neighbors, there is a special work visa category called the TN visa. The TN is available only to citizens of Canada or Mexico who will work in the U.S. in certain professional occupations as outlined by the United States-Mexico-Canada Agreement (USMCA, formerly NAFTA). The TN visa allows eligible Canadian and Mexican professionals to work in the United States in prearranged, professional-level jobs for U.S. or foreign employers.

Key aspects of TN status:

  • Eligible Professions: Not every job qualifies for a TN visa. The USMCA treaty includes a list of occupations – generally those requiring at least a bachelor’s degree or specialized diploma – such as accountants, engineers, lawyers, scientists, nurses, pharmacists, teachers, and many others. If the job offer is in one of these professions and the applicant has the required credentials (degree or experience as specified for that profession), they can pursue a TN visa.
  • Application Process: The process is fast and efficient, especially for Canadians. Canadian citizens can often apply for TN status directly at the U.S. border or airport pre-clearance, presenting proof of citizenship, a job offer letter detailing the role and qualifications, and evidence of their credentials. If approved, they can be admitted into the U.S. in TN status on the spot. Mexican citizens must apply for a TN visa at a U.S. Consulate, but the visa criteria are the same. There is no quota or lottery for TN visas, making them more predictable if you meet the requirements.
  • Duration and Renewal: TN status is granted for up to 3 years at a time. It can be renewed indefinitely in three-year increments, as long as the employment remains on track and the individual maintains nonimmigrant intent (TN visas are not dual intent like H-1B; TN holders should intend to return to their home country eventually, even if in practice many renew repeatedly or later change status to an employment-based green card with careful planning).
  • Advantages for Employers and Workers: For companies in Virginia and across the U.S., TN visas are a great option to bring in Canadian or Mexican professionals quickly. We help employers draft thorough support letters that clearly outline how the job and the candidate qualify for TN status – this upfront preparation makes the border or consulate process much smoother. For Canadian and Mexican professionals, the TN can be a straightforward way to seize U.S. job opportunities without the long waits of H-1B lotteries. We will explain what documents you need and prepare you for the border interview (for Canadians) or consular interview (for Mexicans). Our clients appreciate the practical, step-by-step guidance we provide, reducing uncertainty in the TN application process.

Employment-Based Green Cards (EB-1, EB-2, EB-3)

Temporary work visas like H-1B, L-1, O-1, and TN allow individuals to live and work in the U.S. for a limited time. Employment-based green cards, on the other hand, grant lawful permanent residence, enabling a person to live and work in the U.S. indefinitely and eventually apply for U.S. citizenship. Each year, the U.S. allocates a set number of employment-based immigrant visas across several preference categories. The majority of employer-sponsored green cards fall into the EB-1, EB-2, or EB-3 categories (Employment-Based First, Second, or Third Preference). Here’s an overview of these key categories:

  • EB-1 (First Preference – Priority Workers): This is the highest-priority employment green card. The EB-1 visa is reserved for individuals who are leaders in their field, including those with extraordinary ability, outstanding professors or researchers, and multinational executives or managers. EB-1 candidates are the “cream of the crop.” The category is divided into EB-1A (persons of extraordinary ability in the sciences, arts, education, business, or athletics), EB-1B (outstanding professors and researchers with international recognition), and EB-1C (multinational executives/managers who have worked abroad for a related company, similar to L-1A managers). No labor certification (PERM) is required for EB-1, which streamlines the process. These petitions typically require extensive documentation of achievements, but the reward is a faster path to a green card, often with current visa availability (minimal backlog) for many applicants. Our firm has experience crafting EB-1 petitions that highlight our clients’ exceptional accomplishments in a compelling way.
  • EB-2 (Second Preference – Advanced Degrees and Exceptional Ability): The EB-2 category is for professionals with advanced degrees or individuals of exceptional ability in fields that benefit the U.S. economy. In practice, this usually means the job the person will fill requires at least a Master’s degree (or a Bachelor’s plus 5 years of progressive experience), or the person has exceptional ability in sciences, arts, or business (proven by a set of criteria, such as official awards, memberships, significant contributions, etc.). National Interest Waiver (NIW) is a special sub-case of EB-2 where the job offer and labor certification can be waived if the individual’s work is of substantial merit and national importance – this allows certain entrepreneurs, researchers, or others to essentially self-petition in the national interest. If no NIW, a PERM labor certification is generally required for EB-2 cases. EB-2 is a popular category for employers sponsoring professionals like engineers, doctors, university instructors, or analysts. It has higher priority than EB-3, so in some cases faster processing, but there can still be backlogs depending on the person’s country of origin. We guide employers through the EB-2 process by first determining the correct job requirements and handling the PERM recruitment (if required), then filing a strong I-140 immigrant petition to USCIS. For EB-2 candidates seeking NIWs, we help present the case for how your work serves the national interest – a nuanced argument that our experienced attorneys can skillfully prepare.
  • EB-3 (Third Preference – Skilled Workers and Professionals): The EB-3 green card is the broadest employment category, covering a broader range of workers, including skilled tradespeople and those with less formal education. EB-3 has three subgroups: EB-3(a) Skilled Workers (jobs requiring at least 2 years of training or experience), EB-3(b) Professionals (jobs requiring at least a U.S. bachelor’s degree or equivalent), and EB-3(c) Other Workers (unskilled jobs requiring less than 2 years training). Most EB-3 jobs – from technicians and nurses to office professionals – require a PERM labor certification and a permanent, full-time job offer. EB-3 generally has more applicants and slightly lower priority, so wait times for a visa number can be longer, especially for certain countries. Nevertheless, EB-3 remains an essential pathway for U.S. employers to fill workforce needs in many industries. Our firm regularly helps businesses sponsor employees through EB-3, handling the recruitment advertising, navigating any Department of Labor queries, and ensuring all qualifications are well-documented. For foreign workers, EB-3 can be highly technical; we break down the steps (PERM, I-140 petition, adjustment of status or consular processing) in an approachable way so you always know what’s happening.

Our comprehensive support: Employment-based green cards involve coordination between the employer and employee. We facilitate this by working closely with both parties – helping employers understand their obligations (like covering certain fees and following regulations during PERM), and advising employees on gathering educational transcripts, experience letters, and other personal documentation. From EB-1 through EB-3, the Roanoke Immigration Law Center has the knowledge to chart the best course for your situation. We stay up-to-date on visa bulletin movement (which dictates green card wait times) and policy changes that could affect your case. Our local presence in Roanoke means we’re only a phone call or visit away whenever you have questions as your case progresses.

The PERM Labor Certification Process

Many employer-sponsored green card cases (particularly EB-2 and EB-3, as discussed above) require an extra step at the beginning: the PERM labor certification. PERM stands for Program Electronic Review Management, which is the U.S. Department of Labor’s process for testing the labor market. The basic purpose of PERM is to protect U.S. workers. An employer must go through PERM to prove that there are no able, qualified, and willing U.S. workers for the job offer, and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. Only if the Department of Labor certifies these conditions can the employer then proceed to file the immigrant petition (I-140) for the foreign worker., unless an exemption applies (such as the job being in the national interest under an NIW, or certain Schedule A occupations like nurses and physical therapists that are pre-certified). PERM is not used for H-1B visas or other nonimmigrant visas. It’s specifically tied to the employer-sponsored permanent resident process.

What does PERM involve? The PERM labor certification process involves several steps, which our law firm carefully manages for our clients:

  • Job Description & Prevailing Wage: We help the employer define the position’s requirements (education, experience, skills) and then obtain a Prevailing Wage Determination from the Department of Labor. The prevailing wage is the average wage for that occupation in the geographic area; the employer must agree to pay at least this wage to the sponsored worker. This ensures hiring a foreign worker is not used to undercut local wage standards.
  • Recruitment of U.S. Workers: The employer must conduct a bona fide recruitment effort for U.S. workers before hiring the foreign national. This typically includes posting the job opening in various channels for a set period. Under PERM rules, employers advertise the position through avenues like two Sunday newspaper ads, a state workforce agency posting, and other methods (job boards, trade journals, etc.). We guide the employer through these recruitment steps, advising on how to document each effort. If any U.S. workers apply, the employer must review their qualifications and only proceed if no qualified, willing U.S. applicant is found. Our attorneys ensure that all recruitment is done in compliance with regulations and that detailed recruitment reports are prepared.
  • Filing the PERM Application: After recruitment is completed in good faith and if no qualified U.S. candidate is identified, we file the PERM application (ETA 9089 form) with the Department of Labor. The application includes information about the job, the foreign worker’s qualifications, the recruitment results, and the employer’s attestations. We handle this electronic filing and monitor its progress. DOL may certify the application or sometimes audit it for additional scrutiny. In the case of an audit, our firm helps respond with the required documentation. Once certified, the PERM labor certification is valid for 6 months, during which time the I-140 immigrant petition must be filed.
  • Next Steps: With an approved PERM, we move to petitioning USCIS (the I-140 stage) and then the final green card stage (either applying for adjustment of status if the worker is in the U.S., or consular processing if abroad). PERM is often the most complex and time-consuming part of the employment green card process. By having experienced legal counsel, employers greatly increase their chances of success and avoid costly do-overs. We take on the procedural heavy lifting and strategic decision-making, so that your company can continue focusing on its operations. For the sponsored employee, we know waiting during PERM can be stressful – we keep you updated and informed, offering reassurance that the process is moving forward as it should.

Employer Sponsorship Responsibilities and Compliance

Sponsoring an employee for a work visa or green card is not just about filing paperwork; it also means complying with various U.S. legal requirements. The Roanoke Immigration Law Center educates and supports employers in meeting these obligations. By staying compliant, you protect your business from penalties and ensure the sponsored employee’s case remains in good standing. We help you understand what is required of employers, so you feel confident throughout the sponsorship process.

Key employer responsibilities when sponsoring foreign talent include:

  • Labor Certification and Fair Hiring Practices: For many visa categories (especially permanent visas), employers must go through a labor certification process proving that no qualified U.S. workers are available for the role and that hiring a foreign national won’t negatively impact U.S. workers’ wages or conditions. This means adhering to Department of Labor recruiting regulations and being honest and fair in evaluating any U.S. applicants. We will guide you to ensure all steps are followed and documented properly.
  • Prevailing Wage and Proper Compensation: U.S. immigration laws require employers to pay sponsored foreign workers a wage that is at least equal to the prevailing wage for the occupation and location. This prevents exploitation and protects the domestic labor market. Employers must offer the sponsored employee a wage that equals or exceeds the prevailing wage for the occupation in the geographic area of employment, ensuring foreign workers are not hired at lower wages. We assist in obtaining official prevailing wage determinations and advise on salary compliance for H-1B LCAs, PERM, and other relevant cases. Offering competitive, fair salaries isn’t just a legal requirement – it also helps maintain good morale and fairness in your workforce.
  • Form I-9 and Employment Verification: All U.S. employers, whether or not they sponsor visas, must complete Form I-9 for every employee to verify identity and work authorization. When you sponsor a foreign national, it’s especially important to keep their I-9 updated with their current visa status and expiration dates. Employers must verify the identity and work authorization of the sponsored employee by completing Form I-9 and maintain accurate records. We advise on proper I-9 documentation for foreign hires (for example, what to do when an H-1B extension is pending, etc.) and help implement best practices for I-9 compliance across your organization.
  • Petition Filing and Documentation: As a sponsor, you are responsible for filing the necessary petitions/applications on behalf of the foreign worker (with our assistance). This could be a Form I-129 for a work visa or Form I-140 for an immigrant petition, among others. It’s crucial to provide honest, thorough information in these filings and include all supporting documents (such as proof of business viability, job offer letters, and the employee’s credentials). We take care to prepare complete application packages – but your role as the employer is to furnish the needed documents (company letters, financial information if required, etc.) and to review the filings for accuracy. Submitting correct information initially helps avoid issues later.
  • Maintaining Visa Conditions and Reporting Changes: Once a visa is approved, the employer must abide by the terms of that visa category. For example, if you hired someone on an H-1B, you must employ them in the specific occupation and location listed, pay at least the required wage, and notify authorities if certain changes occur. Compliance with visa conditions includes tracking the employee’s work authorization expiration dates, extensions, and any changes in job title, duties, or work site. In some cases, a new filing or notification to USCIS may be required if material changes occur. If the employment ends, there may be an obligation to offer return transportation (for H-1B workers) or to withdraw sponsorship. We provide counsel on these ongoing duties so you remain in good standing. Additionally, certain visas (like H-1B) require maintaining a Public Access File with documents like the LCA and wage info, which must be available for inspection. We will educate your HR team on setting up and maintaining such files properly.
  • Cooperation with Inspections or Audits: Immigration agencies and the Department of Labor have the authority to conduct site visits or audits to ensure compliance. This could include a USCIS officer visiting your office to verify an H-1B worker’s employment details, or a DOL audit of a PERM file. Employers are expected to cooperate fully with site visits and provide requested records. Don’t worry, if you’ve worked with us, you will be prepared. We help assemble organized records and are on standby to assist if an agency contacts you. In the event of an audit, our attorneys can liaise with the government on your behalf and guide your responses.

By understanding and fulfilling these responsibilities, employers create a successful sponsorship experience for both the company and the employee. We know it’s a lot to take in, especially for smaller businesses new to immigration. That’s why we stand by you as a trusted partner. Our proactive approach can catch issues early. For instance, reminding you to extend a visa well before it expires – so that you can focus on your business with peace of mind that the immigration piece is under control.

Contact Us

Embarking on the employment immigration process is a significant step, but with the right guidance it can lead to tremendous opportunities and success stories. We invite you to reach out to us for a consultation, whether you are an employer ready to sponsor a valued international employee, or a professional with questions about working in the United States.