Immigration Solutions for Employers

Temporary Employment Authorization

Kendall Immigration Law offers expert legal services for a variety of nonimmigrant (temporary) employment categories in the United States. We take a proactive approach, identifying potential red flags ahead of time and addressing them immediately and take into consideration the employer’s particular needs.

Permanent Residence Sponsorship

There’s no way around it: the permanent residence process is complex and takes a substantial amount of time. We are here to help. Whether you are early in the process and would like more information or are ready to sponsor a star employee, we offer expert guidance from the first steps of the Labor Certification (PERM) process to the final application for Adjustment of Status (AOS) to permanent residence. 

Immigration Compliance & Strategy

We understand the importance of compliance with immigration laws as well as how frustrating that compliance can be. However, we will walk you through all compliance items required for your case, ensure you understand both the requirements and the risks (if any), provide templates for easy future use, and are always available to answer questions about your obligations as an employer.

Temporary Employment-Based Cases

H-1B Specialty Occupation Professionals

· Annual lottery registration and filing

· Extensions, including beyond the six-year limit

· Change of employer

· Cap-exempt organizations

· Consular processing

L-1A/L-1B International Transfers

· Expertise in both L-1A and L-1B

· USCIS filings and blanket petitions

· Consular processing based on blanket approvals

· Complex cases involving successors-in-interest

TN Professionals under NAFTA (now the USCMA)

· Canadian border applications

· Mexican consular applications

· USCIS extensions

· USCIS change of employer

O-1 Extraordinary Ability or Achievement

· USCIS filings and consular processing based on approval

· Initial filing (up to three years)

· Extensions (available in one-year increments)

B-1 Temporary Business Visitor

· Advice and services for short trips to the U.S.

· Compliance with strict rules for B visitors

Permanent Residence Through Employment

The PERM Process

The sponsorship process in most permanent residence cases begins with PERM, a process through which the employer tests the U.S. labor market by recruiting for the position. If the employer does not receive responses from qualified, willing, able, and available U.S. citizens or permanent residence, they can then apply with the Department of Labor (DOL) for Permanent Labor Certification.

The Immigrant Petition (I-140)

For PERM-based cases, the next step in the process is to file Form I-140 Immigrant Petition for Alien Worker with U.S. Citizenship & Immigration Services. This requires evidence of the PERM approval as well as evidence related to the position and the employee’s qualifications as well as the employer’s ability to pay the prevailing wage.

EB-2 National Interest Waivers (NIW)

The NIW allows the employer to skip the PERM process based on the national interest. To qualify, the employee must demonstrate that their proposed endeavor (i.e. the problem they seek to solve) is in the national interest, and that they are well-positioned to advance the endeavor.

Adjustment of Status (AOS)

The final step is for the sponsored employee to file Form I-485 Application for Adjustment of Status to Permanent Resident. The fees for this filing are often covered by the employer, though they can be paid by the employee.