Employment-Based Immigration Services

The Law Office of Miguel Palmeiro, LLC helps employers and employees navigate the complex landscape of employment-based immigration. Whether you're a U.S. company seeking to recruit top international talent or a foreign national pursuing work opportunities in America, our Arlington, VA immigration law firm provides expert guidance through every step of the visa and green card process.

Why Employment-Based Immigration Matters

Employment-based immigration is vital for American businesses competing in a global economy. Companies need access to specialized skills, multinational operations require seamless internal transfers, and talented individuals worldwide seek to build careers in the United States. However, the immigration system governing employment-based visas and green cards involves multiple agencies, strict regulations, and significant financial investment.

A single procedural error, missed deadline, or misunderstood requirement can result in visa denials, application delays, or even loss of employment status. That's why partnering with an experienced employment-based immigration lawyer is essential. Miguel Palmeiro has years of experience helping employers secure the talent they need while guiding foreign nationals through the visa sponsorship process.

How We Help Employers and Employees

Our firm serves as a strategic partner for both employers and employees:

• For Employers: We evaluate your workforce needs, recommend the most appropriate visa category, manage the sponsorship process, and ensure full compliance with Department of Labor and USCIS requirements. We minimize delays, reduce audit risk, and protect your company's investment.
• For Employees: We guide you through visa sponsorship, explain your options, help you understand timelines and requirements, and advocate for your interests while working with your employer's immigration counsel. We ensure you maintain valid status and understand your rights and obligations.

Temporary Work Visas

H-1B Specialty Occupation Visas

The H-1B visa is the most common visa for temporary employment of foreign professionals in specialty occupations. It's used by companies across industries—technology, healthcare, finance, engineering, and more—to employ workers in positions requiring a bachelor's degree or higher in a specific field.

Who Qualifies: You must have a specialty occupation job—defined as a position requiring theoretical or practical application of a body of specialized knowledge. Common examples include software engineers, accountants, registered nurses, architects, and management consultants. Your educational credentials must match the position requirements.

Cap and Cap-Exempt Status: Each fiscal year, USCIS accepts only 65,000 H-1B petitions, plus 20,000 additional visas for individuals with U.S. master's degrees or higher. This annual cap fills quickly. Some employers are cap-exempt—including institutions of higher education, nonprofit research organizations, and government research organizations—allowing them to file outside the cap.

The H-1B Lottery: When filings exceed the cap, USCIS conducts a lottery. Even with a strong petition, luck plays a role. We help clients understand their odds and develop backup strategies, including cap-exempt sponsorship if available.

Duration and Extensions: H-1B status typically lasts three years, renewable for an additional three years (maximum six-year total). Extensions require ongoing employment verification and continued qualification for the position.

H-1B to Green Card: Many H-1B workers seek permanent residency. The H-1B status can serve as a bridge to employment-based green cards (EB-2 or EB-3 categories). We counsel clients on whether the dual intent (holding H-1B while applying for green card) is appropriate and coordinate timing between visa status and green card sponsorship.

L-1 Intracompany Transfer Visas

The L-1 visa allows multinational companies to transfer managers, executives, and employees with specialized knowledge from foreign offices to U.S. operations, or vice versa.

L-1A: Managers and Executives. This category is for employees in managerial or executive positions. The beneficiary must have held the same role (or similar manager/executive position) abroad for at least one year in the three years preceding the transfer. There's no annual cap, and L-1A status may be maintained for up to seven years. L-1A holders are considered to have "dual intent," making them strong candidates for employment-based green cards.

L-1B: Specialized Knowledge. This covers employees possessing specialized knowledge essential to the company's operations. The petitioning company must have a U.S. entity with at least one year of operation. Specialized knowledge is broadly defined—it can include proprietary processes, techniques, or company-specific systems. L-1B status lasts up to five years, renewable for an additional two years (maximum seven years).

Requirements: The foreign and U.S. entities must be related (subsidiary, branch, affiliate, or joint venture). The beneficiary must have been employed by the foreign entity for at least one year in the three years before transfer. We thoroughly document the relationship, specialized knowledge, and transfer necessity to strengthen the petition.

O-1 Extraordinary Ability Visas

The O-1 visa is for individuals with extraordinary ability in sciences, arts, business, athletics, or entertainment. This visa isn't limited by annual caps and is particularly valuable for highly accomplished professionals, entrepreneurs, and artists.

O-1A vs. O-1B: The O-1A covers individuals with extraordinary ability in sciences, business, education, athletics, and other fields. The O-1B covers those with extraordinary ability in entertainment, film, or television. Both require similar evidence of exceptional achievement.

Criteria and Evidence: Applicants must demonstrate sustained national or international acclaim. USCIS looks for evidence such as major awards (like the Nobel Prize or Pulitzer Prize), published material, patents, high salary compared to peers, performance history, or contributions recognized as significant in the field. We work with clients to compile a compelling evidentiary package demonstrating extraordinary ability.

E-2 Treaty Investor Visas

The E-2 visa is for treaty investors—nationals of countries with which the U.S. has a treaty of commerce and navigation—who wish to establish or invest in a U.S. business.

Substantial Investment: There's no specific minimum investment amount set by law, but USCIS looks for "substantial" investment relative to the total business cost. Typical E-2 cases involve investments of $50,000 to several million dollars. The investment must be at risk—money placed in a real U.S. business, not held in escrow.

Treaty Country Requirement: Your country of nationality must have an E-2 treaty with the United States. Many countries do, but not all. We verify treaty status and advise on eligibility before proceeding.

Business Control: As the E-2 investor, you must have a controlling interest and manage the business (or supervise its operations if you're a manager rather than owner). The business must generate income beyond subsistence and contribute to the U.S. economy.

TN Visas (USMCA/NAFTA Professionals)

The TN visa category (under USMCA, formerly NAFTA) allows Canadian and Mexican professionals to work in the United States in specified occupations without advance USCIS approval.

How It Works: Canadian citizens can apply directly at a U.S. port of entry with a job offer letter and educational credentials. Mexican nationals require advance petition filing with USCIS. The approved occupational list is extensive—engineers, accountants, scientists, management consultants, financial analysts, and many others qualify.

Advantages: TN visas have no annual cap, no lottery, and are relatively quick to obtain. Initial status lasts three years, renewable indefinitely. However, TN status traditionally requires the intent to eventually return home—though this is often not strictly enforced.

Employment-Based Green Cards

Employment-based green cards offer permanent residency in the United States. There are five employment-based preference categories (EB-1 through EB-5), each with different requirements and processing timelines.

EB-1: Priority Workers

The EB-1 category is for individuals of extraordinary ability, outstanding professors and researchers, and multinational managers and executives.

EB-1A: Extraordinary Ability. Similar to the O-1 visa, this category requires demonstrated extraordinary ability in sciences, business, education, and other fields. Evidence includes major awards, published work, patents, or other indicators of sustained acclaim. EB-1A petitions are filed by the beneficiary (no employer sponsorship required), and there's no labor certification or green card visa number waiting period. This is often the fastest path to permanent residency for highly accomplished individuals.

EB-1B: Outstanding Professors and Researchers. This category covers individuals with at least three years of experience in teaching or research in an academic field, who are recognized internationally for outstanding ability. A U.S. employer must sponsor the application. Processing is faster than EB-2 or EB-3 categories, with shorter visa number waiting periods.

EB-1C: Multinational Managers and Executives. This applies to managers and executives at companies that have employed them abroad for at least one year, who are now transferred to a U.S. entity. This category bridges L-1A visa holders to permanent residency. No labor certification is required, and visa numbers are often current, allowing relatively quick processing.

EB-2: Advanced Degree or Exceptional Ability

EB-2 is for individuals with advanced degrees (master's or higher) or exceptional ability in their field.

PERM Labor Certification: Most EB-2 applications require PERM labor certification, a Department of Labor process certifying that no U.S. workers are available for the position and hiring the foreign national won't adversely affect U.S. wages or working conditions. The PERM process involves recruitment, wage determinations, and formal filing. We handle all aspects of PERM and coordinate with your employer.

National Interest Waiver (NIW): A key advantage of EB-2 is the National Interest Waiver exception. If your work is in the national interest, you may be exempt from labor certification, allowing self-sponsorship. NIW cases require compelling evidence that your work benefits the nation—perhaps through patents, research, or contributions to critical fields. We evaluate NIW eligibility and build strong cases for worthy candidates.

Processing and Waiting Periods: EB-2 has relatively moderate visa number waiting periods (often current or with modest backlogs depending on country of birth). Total processing time, including PERM, typically ranges from two to four years.

EB-3: Skilled Workers and Professionals

EB-3 is for skilled workers and professionals, including those with bachelor's degrees and certain workers without degrees but with substantial work experience.

Two Subdivisions: EB-3 has two parts—EB-3A for professionals with bachelor's degrees and EB-3B for skilled workers. Both require PERM labor certification and employer sponsorship.

PERM Labor Certification Process: Like EB-2, EB-3 requires prevailing wage determinations, recruitment to attract U.S. workers, and Department of Labor certification. This process is lengthy and thorough, but we manage it meticulously to ensure compliance and approval. We monitor recruitment efforts, respond to Department of Labor requests, and build a compelling case for your permanent position.

Visa Number Waiting Periods: EB-3 currently has extended visa number waiting periods—sometimes several years—particularly for nationals of India and China. During this wait, the applicant typically maintains temporary status (H-1B, L-1, etc.) while the green card processes. We advise on maintaining status and managing the extended timeline.

EB-5: Immigrant Investors

EB-5 green cards are available to foreign investors who make substantial investments in U.S. business that create jobs.

Investment Amounts: The standard investment is currently $1.05 million, or $800,000 if the investment is in a Targeted Employment Area (TEA)—a designated rural area or high unemployment area. These amounts adjust annually for inflation.

Job Creation: The investment must create at least 10 full-time jobs for U.S. workers (not including the investor or investor's family). Job creation requirements and timing are strictly enforced. Regional centers—approved by USCIS—may pool investments and facilitate job creation through larger projects, such as real estate development or infrastructure.

Processing Timeline and Challenges: EB-5 cases can take 3-5 years or longer to process. The process involves initial visa petition filing, job creation documentation, conditional residency requirements, and removal of conditions. Extensive financial documentation and business plans are required. We guide investors through every step and monitor compliance with job creation obligations.

PERM Labor Certification Process

PERM (Program Electronic Review Management) is a Department of Labor process used for most employment-based green cards (EB-2 and EB-3). Understanding PERM is essential for employers and foreign workers pursuing permanent residency through labor certification.

Step-by-Step PERM Process

1. Prevailing Wage Determination. The DOL determines the prevailing wage for the position in your geographic area. This wage becomes the minimum the employer must pay. Prevailing wages are typically based on surveys of actual wages in your region and field. The process takes 15-20 days, and we obtain and review the determination to ensure it's accurate and reasonable.

2. Recruitment (Job Order and Advertising). The employer must recruit for the position in good faith to test the U.S. labor market. This includes posting a job order with the state workforce agency and conducting additional recruitment—typically newspaper advertising, online job boards, and in-house postings. Recruitment must last at least 30 days, and the employer must document all efforts and interview summaries.

3. Recruitment Documentation. The employer must document all applicants, their qualifications, interview outcomes, and reasons for rejection (if applicable). Any U.S. workers who apply must be genuinely evaluated. This is where many employers stumble—documentation must be thorough, consistent, and defensible. We help employers conduct recruitment correctly and maintain compliant records.

4. PERM Application Filing. After prevailing wage determination and recruitment, the employer files Form ETA-9142 (Application for Permanent Employment Certification) electronically. The filing must accurately describe the job, the beneficiary's qualifications, and recruitment efforts. Any inconsistencies or omissions can trigger a Request for Evidence (RFE).

5. DOL Review and Requests for Evidence. The Department of Labor reviews all PERM applications. If the application is complete and recruitment was proper, the DOL may approve it. However, DOL commonly issues RFEs requesting additional documentation—more interview summaries, clarification of job duties, additional recruitment evidence, or explanation of recruiting decisions. Responding to RFEs requires careful attention and often litigation-style argumentation. We respond to all RFEs on your behalf, presenting compelling evidence of proper recruitment and the beneficiary's qualifications.

6. Audit Risk and Inspection. Even after PERM approval, DOL may conduct post-approval audits. The department randomly audits approximately 5-10% of approved applications, examining actual recruitment and payroll records. We coach employers on audit readiness and handle any audit responses. Audit denials are rare if recruitment was proper, but they can occur if documentation is inadequate or recruitment was deficient.

7. Timeline. A straightforward PERM case typically takes 6-18 months from prevailing wage request to approval. Cases with RFEs or audits can take much longer—sometimes 2-3 years. We manage the timeline, anticipate potential issues, and work proactively to avoid delays.

Common Challenges in Employment-Based Immigration

Requests for Evidence (RFEs) and Denials

RFEs are common in employment-based cases—visa petitions, PERM applications, and green card applications frequently receive them. An RFE isn't necessarily a sign of failure; it's the government requesting additional information or clarification. However, RFEs must be answered carefully and completely. Missing the deadline or providing incomplete responses can result in denial.

We monitor all timelines, respond to every RFE comprehensively, and include supporting documentation that addresses the government's specific concerns. When denials occur, we evaluate whether an appeal or new application is appropriate.

Maintaining Status During Transitions

Between visa categories and during green card processing, maintaining valid immigration status is critical. Falling out of status can jeopardize green card eligibility, create deportation risk, and require complex remedies.

We carefully plan status transitions—from H-1B to PERM to green card, or from L-1 to EB-1C—ensuring continuous valid status. We also coordinate with employers on timing to avoid status gaps and advise on extensions, changes of status, and concurrent filing strategies.

Employer Changes and Portability

What happens if your employer changes, especially during green card processing? Some visas (like H-1B) allow portability—changing employers while maintaining status. However, PERM-based green cards are employer-specific, and changing employers can jeopardize the application.

We advise on options when employers change—whether a new employer can take over sponsorship, whether a new PERM application is necessary, or whether alternative visa categories might be more flexible. We also discuss portability provisions for H-1B and other work visas.

Contact the Law Office of Miguel Palmeiro, LLC

Whether you're an employer seeking to recruit international talent or a foreign professional pursuing work authorization in the United States, the Law Office of Miguel Palmeiro, LLC provides expert guidance through every step of the employment-based immigration process.

Located in Arlington, Virginia, our firm represents employers and foreign nationals throughout Northern Virginia and beyond. We understand the intricacies of H-1B visas, L-1 intracompany transfers, O-1 extraordinary ability visas, employment-based green cards, and PERM labor certification.

Call us today at 703-522-2427 to schedule a consultation. We'll evaluate your situation, explain your options, and develop a strategy that achieves your employment-based immigration goals.