For a growing business, the ability to hire the right person regardless of where they were born can matter more than almost any other decision. But employment-based immigration comes with its own set of categories, filing windows, and compliance obligations, and choosing the wrong visa category or missing a deadline can cost a business the candidate it was counting on.
We work with employers of all sizes, from a small business hiring its first sponsored employee to companies managing an existing team of visa holders, on both the individual petitions and the compliance practices that keep a workforce in good standing over time.
Who This Helps
- Employers looking to sponsor a specialty occupation worker through an H-1B visa
- Companies transferring an employee from a foreign office through an L-1 intracompany transfer
- Employers seeking to sponsor an individual with extraordinary ability through an O-1 visa
- Businesses navigating PERM labor certification for an employment-based green card sponsorship
- Employers needing an I-9 compliance review or preparing for a potential audit
- Small businesses hiring their first foreign national employee and unsure where to start
How We Handle These Cases
Visa Category Assessment
We review the role, the candidate's background, and your company's structure to identify which visa category actually fits, since the wrong choice can waste months of lead time.
Petition Preparation & Filing
We prepare the petition with the supporting evidence USCIS expects for that category, and track it through any required lottery, cap, or processing timeline.
Green Card Sponsorship
For employees you want to sponsor permanently, we advise on the PERM labor certification process and the employment-based green card categories that may apply.
Ongoing Compliance
We help you build I-9 and public access file practices that hold up under an audit, and advise as your workforce and needs change over time.
Frequently Asked Questions
What's the difference between an H-1B and an L-1 visa?
An H-1B is for a specialty occupation position requiring at least a bachelor's degree in a specific field, and it is subject to an annual lottery due to high demand. An L-1 is for transferring an employee from a related foreign office to a U.S. office, and it is not subject to the same annual cap or lottery, which makes it a faster option for companies with an existing international presence.
How does the H-1B lottery work?
USCIS caps the number of new H-1B visas issued each year, and when demand exceeds the cap, which happens most years, a random lottery selects which registrations move forward to the full petition stage. Timing matters here since registration happens during a specific window, usually in the spring, well before the employee would actually start work.
What is PERM labor certification?
PERM is the Department of Labor process that requires an employer to test the U.S. labor market before sponsoring most employment-based green cards, showing that no qualified U.S. worker is available for the position at the offered wage. It is typically the first step in a multi-stage green card sponsorship process and can take a year or more depending on the case.
What happens if we get an I-9 audit notice?
You generally have a short window, often just three business days, to produce your I-9 forms, so it helps enormously to already have your records organized before a notice ever arrives. We can review your files proactively, or step in quickly to help you respond if an audit notice has already been issued.
This page is provided for general informational purposes and does not constitute legal advice. Every immigration case depends on its specific facts. Contact Murph & Tchamda LLP to discuss your situation with a licensed attorney before taking any action.