Hiring globally, or self-petitioning as a founder, researcher, or key employee goes much more smoothly when your immigration plan matches both the law and the calendar. A business immigration attorney helps you pick the right visa category, avoid Program Electronic Review Management (PERM) labor-certification pitfalls, and time each filing to the Visa Bulletin instead of guessing.
Two Main Tracks: Temporary Status vs. Green Card
Temporary (nonimmigrant) status. Common business options include H-1B specialty occupation, L-1 intracompany transferees, O-1 individuals with extraordinary ability, and TN professionals under the United States–Mexico–Canada Agreement (USMCA). USCIS maintains an official list of temporary worker categories and requirements on its temporary workers page.
For cap-subject H-1B hires, the employer or attorney normally creates an online USCIS account and uses the H-1B electronic registration process during the annual registration window before any petition can be filed.
Employment-based (EB) green cards. Employment-based permanent residence is grouped into preference categories, mainly:
- EB-1: priority workers (extraordinary ability, outstanding professors/researchers, certain multinational managers and executives)
- EB-2: advanced-degree professionals or individuals with exceptional ability, including the National Interest Waiver (NIW)
- EB-3: professionals, skilled workers, and certain other workers
USCIS explains these categories on its employment-based green card page. Because immigrant visa numbers are capped each year and divided by category and country, visa-number availability is central to your timeline.
Where Many Cases Succeed or Stall: PERM Labor Certification
For many (though not all) EB-2 and EB-3 cases, the first step is a PERM labor certification with the U.S. Department of Labor (DOL). Before the employer can file an I-140 immigrant petition, DOL must certify that there are no able, willing, qualified, and available U.S. workers for the job at the offered wage and that hiring the foreign worker will not adversely affect similarly employed U.S. workers.
A typical PERM case combines three stages: requesting a prevailing wage from DOL, running mandatory recruitment that meets the regulations, and filing Form ETA-9089 with the job details and recruitment results.
Small drafting choices like minimum requirements, alternative occupations, travel or remote work language can trigger audits or denials if they do not match the real job or the regulations. A business immigration attorney usually handles the drafting, recruitment strategy, and quality control.
Some EB paths do not require PERM, including most EB-1 categories, EB-2 NIW, and certain Schedule A occupations where DOL has already pre-certified a shortage of U.S. workers. A good attorney will map your role and credentials to the least risky EB route that fits your facts.
The Visa Bulletin: When You Can Realistically Succeed
Even with an approved I-140, you can usually file the final step – I-485 adjustment of status in the U.S. or consular processing abroad only when your priority date is current.
Each month, the U.S. Department of State publishes the Visa Bulletin, listing cutoff dates by category and country. USCIS then explains which chart (“Final Action Dates” or “Dates for Filing”) applicants inside the U.S. must use on its adjustment-of-status filing-charts page.
When demand is high, categories can retrogress (move backward) or become unavailable once annual visa numbers are used. That kind of retrogression has recently affected some EB-1 and EB-2 categories. A business immigration attorney tracks these changes and plans your filings so you are ready to move as soon as your date becomes current.
Premium Processing: When Faster is Helpful
Premium processing (Form I-907) is an optional, additional fee that buys an expedited USCIS decision clock for many I-129 and I-140 filings. You request it using Form I-907.
USCIS raised premium processing fees effective February 26, 2024, increasing the fee for many I-129 and I-140 cases – including most EB-1, EB-2, and EB-3 I-140s from $2,500 to $2,805. Fees have continued to evolve, so you should always confirm the current amount on USCIS’s filing-fees page before filing.
Premium processing can make sense when a faster decision directly changes something important – for example, starting or transferring an employee on a set date or acting before a registration window or policy change closes. It does not create visa numbers, speed up PERM, or accelerate consular visa appointments.
What Does a Business Immigration Attorney Do?
A solid business immigration lawyer typically:
- Chooses the category and evidence theory. They select the most realistic category (for example, EB-1, EB-2 NIW, or PERM-based EB-2/EB-3) and identify supporting evidence – awards, publications, contracts, revenue or impact metrics, expert letters, and similar proofs – that matches USCIS criteria.
- Designs and supervises the PERM process. They define minimum requirements, coordinate prevailing wage and recruitment, and ensure ETA-9089 is internally consistent and well documented.
- Prepares the petitions and coordinates timing. They handle the I-140 and final-step filings, advise on premium processing, coordinate dependents, and, when needed, recommend temporary options such as H-1B, L-1, O-1, or TN while the green card case moves forward.
Compliance and Risk Points to Plan For
Common problems for employers and founders include:
- Job requirements drafted too narrowly or changed mid-process, creating audit or denial risk under the PERM rules.
- Inconsistent information about wage, worksite, or remote/hybrid arrangements across prevailing-wage requests, ETA-9089, and later USCIS filings.
- Poor calendar discipline – missing the H-1B registration window or not being ready when Visa Bulletin dates advance – which can push cases back by months or years.
USCIS also warns against unlicensed practitioners. Its Avoid Scams page and Find Legal Services page stress that only licensed attorneys and DOJ-accredited representatives at recognized organizations are authorized to give immigration legal advice and explain how to report fraud.
Finally, USCIS offers online tools that you and your lawyer can use to monitor processing and request help when a case is truly outside normal timelines:
- Case Status Online – basic status by receipt number.
- Check Case Processing Times – published processing-time ranges by form and office.
- e-Request portal – for certain service requests when a case is delayed beyond posted times.
How to Choose the Right Business Immigration Attorney
When you talk to potential counsel, look for:
- Breadth of experience across PERM, EB-1, EB-2 NIW, and the main temporary categories, so nonimmigrant and green card planning stay coordinated.
- Clear processes and communication – written scopes of work and fees, checklists for job descriptions and recruitment evidence, and a routine for tracking Visa Bulletin shifts that affect you.
- A record of working with founders and self-petitioners, including EB-1A and EB-2 NIW cases that rely on commercial impact or public-interest work, not only academic publications.
For private counsel, you can use AILA’s Lawyer Search directory and then confirm each lawyer’s license with the relevant state bar. For nonprofit or low-cost options, the National Immigration Legal Services Directory and ImmigrationLawHelp’s “Where to Find Legal Help” page list recognized organizations that focus on free or low-fee services.
Red Flags: Be Cautious if You See These
Be very careful about working with anyone who:
- Promises guaranteed approval or claims special connections at USCIS or a consulate.
- Asks you to sign blank forms or provide false information.
- Demands cash only, without receipts or a written agreement.
- Offers immigration legal advice but is not a licensed attorney or DOJ-accredited representative at a recognized organization (USCIS’s scam-prevention resources explain how to verify this).
Conclusion
A business immigration attorney is your partner in planning global hiring and founder green card strategy. The right lawyer will place you in the correct visa category, run a compliant PERM process when required, time filings to the Visa Bulletin, and recommend premium processing only when it truly helps your business plan.
If you keep official USCIS, DOL, and Department of State resources as your factual baseline, verify counsel through reputable directories, and treat your immigration timeline like a structured project schedule, you greatly reduce avoidable risk and delay in business immigration cases.
Disclaimer: This page provides general information, not legal advice. Immigration rules and procedures change. Always rely on current instructions from USCIS and the U.S. Department of State (linked above) and consult a qualified attorney about your specific situation.
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