Complex Issues in Employment Sponsorship
From our background in immigration law, we understand the hurdles businesses and foreign workers face when dealing with employment sponsorship. From visa eligibility to Department of Labor (DOL) obligations, every step involves legal standards and documentation that demand accuracy and foresight.
As an immigration attorney serving Augusta, Georgia, our firm at PVB Law LLC works closely with employers and sponsored employees to help them meet those demands and avoid setbacks that could derail opportunities. Our goal is to help you tackle challenging issues in employment-based immigration and understand how an immigration attorney can help protect your rights.
The Problem of Prevailing Wage Determinations
One of the most critical early steps in employment sponsorship is the prevailing wage determination. Employers must offer a wage that meets or exceeds the average pay for similar jobs in the same area. The U.S. Department of Labor (DOL) uses multiple factors to assess this, including location, job duties, and required skills.
Delays in wage determination can often hold up the visa process, and sometimes, the wage offered doesn’t match what’s required. When that happens, employers either need to adjust their offer or face denial. Our attorney collaborates with clients to develop comprehensive job descriptions and gather evidence of wage structures, supporting the case from the outset.
Issues With PERM Labor Certification
The Program Electronic Review Management (PERM) system is central to many employment-based green card cases. It’s used to prove that no qualified U.S. workers are available for the position. However, even small errors in the recruitment process can lead to denial. Some common mistakes include the following.
Posting job ads in the wrong publications
Failing to meet the required advertising period
Offering terms that differ between the job ad and the application
As an immigration law firm, we know how to spot and fix inconsistencies before they become problems. Our attorney can also make sure employers follow recruitment guidelines that align with current Department of Labor (DOL) practices.
Job Portability and H-1B Transfers
Foreign nationals working on H-1B visas often want the flexibility to change employers. This is known as job portability. While U.S. immigration law does allow workers to transfer H-1B status, the process isn't automatic.
The new employer must submit a fresh petition. The worker can start the new job as soon as the petition is filed, but if it’s denied later, their legal status may be in jeopardy. Our firm strives to advise both workers and employers on the risks involved and help file solid petitions with all required documentation.
Timing Challenges With Visa Quotas
For some employment-based categories, particularly H-1B visas, annual caps create a lottery system. Even highly qualified applicants may not get selected. This adds uncertainty for employers trying to plan for staffing needs months in advance.
The H-1B cap affects approximately 85,000 visas per year, and demand usually exceeds supply. The selection process has shifted to an online pre-registration system in recent years, but this hasn't reduced demand. As an experienced immigration attorney, our firm helps clients explore alternatives, including but not limited to the following.
L-1 visas for intracompany transfers
O-1 visas for individuals with extraordinary abilities
TN visas for Canadian and Mexican professionals under NAFTA
We are also experienced in helping employers plan for the H-1B cycle early so they’re ready to act when registration opens.
Visa Fraud and Employer Audits
U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor both conduct site visits and audits to verify information submitted in sponsorship petitions. Any discrepancy between what’s on paper and what’s happening in practice can lead to potential penalties or petition revocations.
For example, if a worker is assigned to a location different from what’s listed in the petition, or if the duties shift significantly, that can trigger serious consequences.
We aim to guide employers through post-approval compliance and help create internal systems to monitor work assignments, wages, and role changes. This protects both the employer and the employee from legal challenges.
The Problem of Nonimmigrant Intent
Some employment-based visas, such as H-1B, allow for what’s called “dual intent.” That means the person can seek a green card without violating their temporary status. Other visas, such as the TN or J-1 visa, don’t allow for this provision.
When a worker on a visa without dual intent applies for a green card, or even discusses it with their employer, there’s a risk that the government will interpret that as violating the terms of their visa. We help clients understand how their status affects their long-term plans and advise them on when and how to pursue permanent residency.
Considerations for Spouses and Dependents
Many foreign workers come to the U.S. with spouses and children who rely on derivative visas. What some employers overlook is how sponsorship decisions affect the entire family unit.
For instance, H-4 spouses can sometimes apply for work authorization, but only in specific circumstances, such as when the H-1B worker has started the green card process. If that process stalls, the spouse may lose the ability to work.
It's important to keep family considerations front and center when advising employers and foreign workers. That includes planning timelines around work authorization and school enrollment for children on dependent visas.
Worksite Changes and Material Modifications
Worksite location and job duties are key parts of a sponsorship petition. If those change after the petition is approved, an employer may need to file an amended petition.
Employers may move staff between branches or shift their responsibilities without realizing that it may trigger new reporting requirements. USCIS treats some changes as “material,” meaning they affect the worker’s eligibility. Failing to report those changes can lead to visa revocation.
Layoffs and Early Terminations
One of the hardest moments in an employment relationship is when a worker is laid off or terminated. For foreign nationals on employer-sponsored visas, that moment can also trigger legal deadlines.
Most foreign workers have only 60 days after a termination to find a new sponsor, switch to another visa, or leave the U.S. Time moves quickly, especially in competitive industries.
Therefore, companies need to understand the legal obligations during layoffs, including when and how to notify USCIS. An experienced attorney can also assist foreign nationals with finding legal options to stay in the U.S. while they explore new opportunities.
When Green Card Delays Disrupt Careers
Even after the PERM labor certification is approved and the I-140 immigrant petition is filed, a worker may wait years for a green card. This is especially true for nationals from countries with high demand, like India and China.
During these waiting periods, workers can hit visa maximums or face limitations on travel, job changes, or promotions. This puts pressure on both employees and employers to make tough decisions about employment.
At PVB Law LLC, we work with companies to develop sponsorship strategies that consider the long haul, not just the initial approval. That includes building in flexibility for role changes and helping workers maintain valid status during long waiting periods.
How an Immigration Attorney Can Help
Employment sponsorship isn’t a simple formality. It’s a process shaped by federal rules, changing policies, and practical realities. Mistakes or missed steps can have long-lasting effects on a worker’s future and an employer’s ability to hire top talent.
Our skilled attorney at PVB Law LLC offers hands-on legal guidance through every stage of sponsorship, from the first job description to green card approval. We help businesses stay compliant, avoid penalties, and treat their employees with care and respect.
For foreign workers, we’re here to answer the hard questions, challenge unfair decisions, and protect their right to build a future in the United States.
Contact an Experienced Immigration Attorney Today
If you’re facing a sponsorship-related problem, reach out to an experienced immigration attorney as soon as possible. At PVB Law LLC, our attorney is committed to helping workers and companies throughout Georgia manage employment immigration with care, accuracy, and a deep commitment to the law. Located in Augusta, Georgia, we serve clients in Atlanta, Georgia, and throughout the state. Contact us to schedule a consultation.