Employers

Generally, the employer files a petition with USCIS to begin the sponsorship process of a foreign worker. A common filing is Form I-129 for an H-1B visa, but each type of visa has a unique form to be filed. Some visa categories also require a Labor Condition Application (LCA) or PERM labor certification from the U.S. Department of Labor.

The process can be complex and time-sensitive, and engaging legal counsel helps ensure accuracy, compliance, and the avoidance of costly delays. Boudia Immigration Law supports businesses of all sizes—including startups, global corporations, and outsourcing firms—with strategic immigration planning.

Learn more about our Corporate Immigration Strategy services.

Employers are responsible for submitting all filings and paying the government filing fees. As part of this process, they must demonstrate that the offered position and the candidate meet the eligibility criteria for the visa and comply with federal wage and working condition standards.

Given the complexity of these requirements, many companies choose to work with legal counsel to avoid delays or compliance issues. Boudia Immigration Law advises employers of all sizes on fulfilling their responsibilities and managing work visa petitions accurately and efficiently.

There are several types of employment-based visas available for individuals. The most common include:

• H-1B visa for specialty occupations
• L-1 visa for intracompany transferees
• TN visa for Canadian and Mexican professionals

Each category has specific eligibility requirements and filing procedures. Choosing the right visa is critical, and both employers and employees benefit from guidance provided by an experienced immigration law firm.

Visit our Work Visa Services page for more details.

The length of stay varies depending on the specific visa classification. It’s important to understand the limits and renewal options for each visa, as well as how changes in employment can affect authorized stay. For many employers and workers, planning ahead is key to maintaining lawful status and exploring long-term options.

Sponsoring a foreign employee for a green card typically involves several steps, beginning with labor certification and ending with lawful permanent residency. The most common categories for employment-based green cards include EB-1 (priority workers), EB-2 (professionals with advanced degrees or exceptional ability), and EB-3 (skilled workers, professionals, and other workers).
Most employment-based green card cases follow this process:

• PERM Labor Certification: The employer must obtain certification from the U.S. Department of Labor through the PERM process. This requires proving that no qualified U.S. workers are available for the position after conducting a good-faith recruitment effort.
• Form I-140 Petition: After the PERM is certified, the employer files Form I-140 with USCIS to classify the worker under the appropriate employment-based category.
• Adjustment of Status or Consular Processing: Once the I-140 petition is approved and a visa date becomes current (per the Visa Bulletin), the employee may apply for a green card either through Form I-485 (if in the U.S.) or through a U.S. consulate(if abroad).

See our PERM Labor Certification page for more information.

Dependent visas, such as H-4 or F-2, allow spouses and children of certain visa holders (like H-1B or F-1) to reside in the U.S.
These are not green cards but may allow for school attendance and, in some cases, limited work authorization.

See our Dependent Visas / Change of Status page for more information.

Immigration law is governed at the federal level, which means we can assist clients in all 50 states and worldwide. Whether you’re local, across the country or overseas, we offer full legal support from start to finish.

Contact us to schedule a consultation and take the next step in your immigration journey.

Costs can vary depending on the visa type and whether you are applying from within or outside of the U.S. Costs may include USCIS filing fees, legal fees, and optional premium processing fees if faster service is needed. Some fees are fixed by the government, while others depend on the complexity of the case.

Boudia Immigration Law offers all-inclusive fee agreements with no hidden charges. Our agreements cover everything needed to file a case, so you're fully informed and prepared for the associated costs from the outset.

An RFE is a formal notice from U.S. Citizenship and Immigration Services (USCIS)—the federal agency that processes most immigration applications—asking for additional documentation or clarification before making a decision on your case. It’s relatively common and does not mean your application will be denied.

Common reasons for receiving an RFE include:

• Missing or incomplete evidence
• Submitted documents that are outdated, incorrect, or inconsistent
• The need for more proof of eligibility or qualifications

Boudia Immigration Law regularly helps clients craft strong, timely responses to RFEs—reducing the risk of denial and keeping your case moving forward.

Visit our Appeals, Motions, RFE, NOIR, and NOID page for more details.

A denial doesn’t always mean the end of the road. These may occur if required documents are missing, eligibility is unclear, or there are concerns about admissibility. Depending on the reason, you may be able to file an appeal, submit a motion to reopen or reconsider, or reapply with stronger evidence.

Acting quickly and developing a compelling legal response gives your case the best possible chance of success.

Visit our Appeals, Motions, RFE, NOIR, and NOID page for more details.

Both are pathways to obtain a visa, but the process depends on where you are living.

Adjustment of Status allows you to apply for a visa from within the U.S., while Consular Processing requires you to complete the visa process at a U.S. embassy or consulate abroad.

See our Adjustment of Status and Consular Processing pages for more information.