Immigration Attorney Helping Businesses With Employment-Based Visas

Building a world-class team often means hiring from outside the U.S. However, international hiring involves adhering to strict federal rules. One small mistake can cause expensive delays.

You do not have to navigate this alone. With Harrison-Donaldson, Attorney at Law, as your legal counsel, my team and I can provide the direct, hands-on support your company needs. My name is Kimberly Harrison-Donaldson, and I have more than 25 years of experience in immigration law, as well as a background in business. I know how to build immigration compliance into your hiring strategy, which can help you secure and keep top talent for the long term.

Corporate Immigration Support For HR Departments

Efficiency matters. However, hiring international talent can make it difficult to achieve. At Harrison-Donaldson, Attorney at Law, you get direct access to an experienced attorney, backed by the high-capacity support of a skilled paralegal team. While they manage the heavy volume of paperwork, I personally oversee the legal strategy for every petition.

I have worked with companies in Houston, Dallas and nationwide. This includes companies in the energy, IT and construction sectors. Beyond securing employer visas, I know how to protect your business with proactive audits. As your lawyer, I will review your public access files and I-9 records to identify and address record-keeping errors before they lead to government fines.

Acquiring Temporary Work Authorization

For many companies, the first step in hiring a foreign national is securing a temporary work visa. I will help you evaluate candidates to find the right visa category. These include:

• H-1B visas: For professionals in “specialty occupations.” These roles typically require a bachelor’s degree in a specific field. I will guide you through the annual lottery and the Labor Condition Application (LCA).
• L-1 intracompany transferees: Typically for multinational companies. You can use this pathway to move executives, managers or employees with an advanced level of knowledge from your company’s overseas entity to a related U.S. office.
• TN status: A streamlined option for qualified professionals from Canada and Mexico working in designated occupations.
• O-1 extraordinary ability: For individuals with sustained national acclaim. This allows you to hire top-tier talent without worrying about annual visa caps.
• E-2 investor visas: For individuals from treaty countries who are making substantial investments in the United States.
• P visas: For high-level athletes and entertainers to participate in events or programs in the United States.

Once we choose the right category, my team and I will manage the filing process. As your attorney, I will rigorously document your petition to ensure it complies with federal standards.

Securing Permanent Residence (Green Cards)

Keeping top talent often means offering a path to a green card. As legal counsel for your HR department, I will help manage your employees’ transition from temporary visa to permanent status. This includes applying for:

• Employment-based green cards: First, you need to check for eligibility. I will review your employee’s credentials to see which preference category fits best.
• PERM labor certification (EB-2 and EB-3): Most cases require this step. This process involves a recruitment campaign to prove to the Department of Labor that the employer/petitioner is not overlooking qualified U.S. workers. I will guide you through the required recruitment steps to ensure full compliance with this regulation.
• EB-1 priority workers: This is for your elite talent such as multinational executives and outstanding researchers. If they meet strict criteria, they may skip the labor certification process.

Securing permanent residence takes time and precise timing. I will map out the timeline early to manage employee expectations and keep your company compliant.

Strategic Guidance For Your Employment Visa Questions

Managing federal immigration law requires a seasoned perspective and a proactive approach. I offer deep knowledge regarding employer-based visas and focus on collaborating with HR managers to ensure every hiring goal aligns with regulatory standards. The following answers address frequent concerns regarding corporate operations and visa regulations.

What is the maximum time limit for an H-1B visa in the U.S.?

The standard maximum duration for an H-1B worker is six years, typically granted in two three-year increments. Any time spent physically outside the United States during the visa’s validity can often be recaptured to extend the total stay beyond the calendar expiration.

Beyond the initial six-year limit, extensions are generally only possible if specific permanent residency filings have been pending for a required amount of time. Meticulous auditing of these timelines is vital to avoid gaps in work authorization. Precise record-keeping ensures all recapturable days are claimed for the company’s benefit and long-term project stability.

How many times can you extend an H-1B visa after three years?

Under normal circumstances, an H-1B visa is extended only once after the initial three-year period. However, if the employer initiates the green card process early enough, further one-year or three-year extensions may be available under the American Competitiveness in the Twenty-First Century Act (AC21).

These specialized extensions allow the employee to work while awaiting their priority date or the final adjudication of an immigrant petition. Triggering these milestones well before the sixth year expires can prevent mandatory departures of key personnel.

Can I apply for a green card while on an H-1B visa?

The H-1B is a dual intent visa, which allows a foreign national to seek permanent residency while maintaining temporary nonimmigrant status. This provision facilitates long-term talent retention, allowing a seamless transition from a temporary visa to an employment-based green card.

Filing an I-140 petition does not jeopardize the underlying H-1B status or the ability to travel internationally. Maintaining valid work authorization requires careful coordination of filing dates. Strategically timing the labor certification process can safeguard your ability to retain key talent without the risk of work authorization gaps.

How can a U.S. company sponsor an H-1B worker for the first time?

New sponsors must first register for the U.S. Citizenship and Immigration Services (USCIS) electronic H-1B lottery during the annual window, which generally occurs in March. If the candidate is selected in this oversubscribed process, the company then files an LCA with the Department of Labor, followed by a formal petition with USCIS.

The process requires a detailed job description meeting the federal definition of a specialty occupation and a commitment to pay the required wage (the higher of the prevailing or actual wage). Petitions rely on rigorous documentation to prove the company meets all regulatory hurdles and has the financial ability to sustain the position. Establishing compliant public access files is mandatory for every first-time petitioner to avoid liability and Department of Labor scrutiny.

Is a certified LCA required for H-1B petitions?

A certified LCA is a prerequisite for filing any H-1B petition. This document serves as a formal guarantee that the employer will pay the worker at least the prevailing wage. It also affirms that hiring the foreign national will not adversely affect the working conditions of similarly employed U.S. workers.

The law requires the LCA to be posted at the job site or provided via electronic notice to remote employees for 10 days. Accurate digital filing and the maintenance of supporting documentation in a public access file are necessary to avoid severe audits and significant government penalties.

Build A Compliant, Global Workforce: Call My Firm Today

Do not let complex regulations slow your business’s growth. Whether you need one hire or a full employer visa portfolio, I can provide the strategy to keep your business moving. Harrison-Donaldson, Attorney at Law, serves businesses in Texas, Ohio and nationwide. Call my Texas office at 214-810-3933 or my Ohio office at 614-647-2773, or send an email to schedule a consultation.