Business Immigration Attorney for U.S. Employers, Founders & Global Talent

U.S. immigration strategy can directly affect an employer's ability to recruit key talent, retain employees, expand operations and plan for long-term workforce needs. For founders, entrepreneurs and highly skilled professionals, the right immigration strategy can also determine whether a temporary visa provides a workable path toward longer-term U.S. residence.

The Law Offices of Fariba Faiz, P.C. represents U.S. employers, startups, entrepreneurs, investors, executives and professionals in business and employment-based immigration matters throughout the United States.

With more than 28 years of immigration law experience, attorney Fariba Faiz provides direct, strategic representation in temporary work visa matters, employer-sponsored permanent residence, extraordinary ability cases, investment immigration and complex immigration matters involving Requests for Evidence, Notices of Intent to Deny and previously filed petitions.

The firm's business immigration practice includes H-1B, O-1, L-1, TN, E-1, E-2 and E-3 visas, PERM labor certification, EB-1A, EB-1C, EB-2 National Interest Waivers, EB-2 and EB-3 employer sponsorship, and related employment immigration planning.

Business Immigration Counsel for U.S. Employers

Business immigration involves considerably more than preparing forms.

Before filing, employers may need to evaluate:

• whether the proposed position qualifies for the immigration classification being considered;
• whether the employee's education and experience satisfy the applicable requirements;
• prevailing wage and compensation issues;
• worksite and remote-work arrangements;
• corporate ownership and control;
• changes in job duties, location or corporate structure;
• maintenance of the employee's current immigration status;
• timing of extensions or changes of employer;
• potential immigrant visa backlogs; and
• whether temporary visa strategy should be coordinated with future permanent residence sponsorship.

Early planning is particularly important for employers hiring foreign nationals in rapidly evolving fields such as technology, artificial intelligence, biotechnology, fintech, healthcare, engineering, research and other specialized industries.

H-1B Visas for Specialty Occupation Professionals

The H-1B visa allows qualifying U.S. employers to employ foreign professionals in specialty occupations.

An H-1B case may require careful analysis of the position, the employer's actual minimum requirements, the employee's educational background, compensation, work location and the relationship between the proposed duties and the required field of study.

The Department of Labor's H-1B program also requires an employer to obtain a certified Labor Condition Application as part of the H-1B process.

The firm advises employers regarding:

• H-1B cap cases;
• H-1B changes of employer;
• extensions of H-1B status;
• amended petitions;
• changes of status;
• H-1B portability;
• specialty occupation issues;
• degree and occupational relationship issues;
• remote and hybrid work arrangements;
• corporate restructuring;
• Requests for Evidence and Notices of Intent to Deny; and
• longer-term green card planning.

For employers, timing is often critical. Changes in employment, work location, job duties or corporate ownership can have immigration consequences and should be evaluated before they occur whenever possible.

Learn more about H-1B visas.

O-1 Visas for Individuals of Extraordinary Ability

The O-1 classification is available to qualifying individuals who have demonstrated extraordinary ability or achievement in their field.

O-1 cases are highly evidence-driven. A successful strategy generally requires more than accumulating documents corresponding to individual regulatory criteria. The evidence should establish the significance of the individual's accomplishments and position those achievements within the broader context of the field.

Potential evidence may include:

• major awards or recognized distinctions;
• published material about the individual;
• judging the work of others;
• original contributions of significance;
• scholarly or professional publications;
• critical or essential roles for distinguished organizations;
• significant compensation;
• commercial or critical success, where applicable; and
• comparable evidence when permitted.

For entrepreneurs and founders, O-1 planning may also involve corporate structure, ownership, governance and the relationship between the beneficiary and the petitioning organization.

The firm represents professionals, founders, executives, researchers and individuals working in technology, science, business, healthcare, the arts and other fields in O-1 matters.

Learn more about O-1 extraordinary ability visas.

L-1 Visas for Multinational Companies

The L-1 visa permits qualifying international organizations to transfer certain employees from a foreign entity to a related U.S. organization.

The two principal classifications are:

L-1A, for qualifying managers and executives, and
L-1B, for qualifying employees with specialized knowledge.

USCIS recognizes these classifications for qualifying organizations transferring executives, managers and specialized-knowledge employees.

A successful L-1 petition may require substantial evidence establishing:

• the qualifying relationship between the U.S. and foreign entities;
• the employee's qualifying employment abroad;
• the nature of the proposed U.S. position;
• the company's organizational structure;
• staffing and managerial hierarchy; and
• the nature and scope of the company's business operations.

L-1A cases may also form part of a longer-term immigration strategy involving the EB-1C multinational manager or executive immigrant category.

The firm advises established multinational businesses as well as qualifying new U.S. offices regarding L-1 strategy and documentation.

TN Visas for Canadian and Mexican Professionals

The TN classification may allow qualifying Canadian and Mexican citizens to work temporarily in the United States in professions designated under the United States-Mexico-Canada Agreement.

TN eligibility depends on the particular profession, the proposed U.S. position and the applicant's credentials. The fact that a position is professional does not necessarily mean that it fits a TN category.

Issues commonly arise regarding:

• whether the position corresponds to a qualifying TN profession;
• degree and licensing requirements;
• management consultant classifications;
• computer systems analyst positions;
• engineering roles;
• temporary intent;
• changes of employer;
• concurrent TN employment; and
• transition from TN status to permanent residence.

The firm represents both employers and qualifying Canadian and Mexican professionals in TN matters.

Learn more about TN visas.

E-2 Treaty Investor Visas

The E-2 treaty investor visa can provide an important immigration option for nationals of qualifying treaty countries who invest substantial capital in a bona fide U.S. enterprise and will develop and direct that enterprise.

USCIS describes E-2 eligibility as requiring, among other things, a qualifying treaty nationality, a substantial investment in a bona fide enterprise and the investor's development and direction of the business.

An E-2 case requires analysis of matters such as:

• treaty nationality;
• ownership and control;
• source and path of investment funds;
• whether funds are sufficiently committed and at risk;
• the nature of the U.S. enterprise;
• proportionality of the investment;
• operating expenses and capitalization;
• projected revenues and hiring;
• whether the enterprise is more than marginal; and
• the investor's ability to develop and direct the business.

The firm represents investors acquiring existing U.S. businesses, establishing new enterprises and investing in qualifying companies.

E-2 cases are highly fact-specific. There is no single investment amount that guarantees eligibility.

Learn more about E-2 treaty investor visas.

E-3 Visas for Australian Professionals

Australian citizens coming to the United States to work in qualifying specialty occupations may be eligible for E-3 classification.

E-3 cases share some concepts with H-1B cases, including specialty occupation and Labor Condition Application requirements, but the filing and visa procedures differ.

The firm advises employers and Australian professionals regarding initial E-3 applications, changes of employer, extensions, consular processing and dependent status.

PERM Labor Certification and Employer-Sponsored Green Cards

For many professionals seeking permanent residence through an employer, the process begins with PERM labor certification.

PERM is an employer-driven process administered by the U.S. Department of Labor. The employer, rather than the foreign national, files the labor certification application.

The process generally includes:

1. defining the permanent job opportunity and its actual minimum requirements;
2. obtaining a prevailing wage determination;
3. completing the required recruitment and notice procedures;
4. filing Form ETA-9089 with the Department of Labor;
5. filing an I-140 immigrant petition with USCIS after certification; and
6. when an immigrant visa is available, pursuing adjustment of status or immigrant visa processing.

DOL requires employers to obtain a prevailing wage determination before filing and to complete applicable pre-filing recruitment.

PERM requires careful planning because the employer's job requirements, recruitment materials and labor certification must remain internally consistent.

The firm advises employers regarding PERM sponsorship for professionals in the EB-2 and EB-3 preference categories, including prevailing wage strategy, recruitment, audits, I-140 petitions and the final permanent residence stage.

EB-1A Extraordinary Ability Green Cards

The EB-1A extraordinary ability category provides a potential permanent residence option for individuals who can establish sustained national or international acclaim and meet the applicable legal standard.

Unlike PERM-based employment sponsorship, EB-1A does not require labor certification or a permanent job offer.

Strong EB-1A cases often involve evidence of:

• nationally or internationally recognized awards;
• selective memberships;
• published material about the individual;
• judging the work of others;
• original contributions of major significance;
• scholarly authorship;
• exhibitions or showcases;
• leading or critical roles;
• high remuneration; or
• commercial success in the performing arts.

Meeting the threshold number of evidentiary criteria does not by itself guarantee approval. The record must support the overall extraordinary ability standard.

The firm provides strategic evaluation and representation for researchers, founders, executives, engineers, scientists, physicians, entrepreneurs and other accomplished professionals considering EB-1A classification.

Learn more about EB-1A extraordinary ability green cards.

EB-2 National Interest Waiver

The EB-2 National Interest Waiver, or NIW, allows certain qualifying foreign nationals to request waiver of the normal job-offer and labor certification requirements.

A successful NIW case requires more than demonstrating that the applicant is highly educated or successful.

The analysis focuses on the applicant's proposed endeavor, including whether:

• the proposed endeavor has substantial merit and national importance;
• the applicant is well positioned to advance the endeavor; and
• on balance, it would benefit the United States to waive the job-offer and labor certification requirements.

NIW cases therefore require a coherent connection between the proposed work, the applicant's record of accomplishment and the prospective U.S. impact of that work.

The firm represents entrepreneurs, researchers, scientists, physicians, technology professionals and other qualified individuals seeking National Interest Waivers.

Learn more about EB-2 National Interest Waivers.

EB-1C Multinational Managers and Executives

Certain multinational managers and executives may qualify for permanent residence through EB-1C.

This category can be particularly important for multinational businesses that previously transferred an executive or manager to the United States in L-1A status, although prior L-1A status is not itself a prerequisite to EB-1C classification.

EB-1C cases require careful documentation of the qualifying relationship between the U.S. and foreign organizations, qualifying employment abroad and the nature of the U.S. managerial or executive position.

Immigration Strategy for Startups and Founders

Founders and early-stage companies frequently face immigration issues that do not fit neatly within traditional employer-employee models.

Questions may include:

• Can a founder-owned company sponsor the founder?
• Does the corporate governance structure support the proposed immigration category?
• Should the individual pursue H-1B, O-1, E-2 or another temporary classification?
• Is EB-1A or NIW viable for permanent residence?
• Does a recent funding round affect the immigration strategy?
• How should compensation be structured?
• What happens when the startup has only a few employees?
• How do changes in ownership or corporate structure affect an existing petition?

A founder's immigration strategy should be coordinated with the company's actual ownership, management structure, financing, hiring plans and business operations.

The firm advises founders and emerging companies regarding immigration options that reflect both the individual's qualifications and the realities of the business.

Requests for Evidence, NOIDs, Denied Petitions and Second Opinions

A Request for Evidence (RFE) or Notice of Intent to Deny (NOID) can materially change the posture of an immigration case.

An effective response begins with identifying precisely what USCIS is questioning and determining whether the existing record can be strengthened with objective evidence.

The firm assists clients with:

• RFE responses;
• NOID responses;
• review of previously filed petitions;
• review of denied cases;
• second opinions regarding pending immigration matters;
• assessment of evidence gaps;
• evaluation of previously prepared attorney filings; and
• strategic consideration of whether to respond, refile or pursue another immigration option.

In some cases, the best strategy is not simply to submit more evidence. The more important question may be whether the underlying legal theory and evidentiary record remain viable.

Immigration Planning During Corporate Changes

Immigration issues can arise when a company undergoes significant changes, including:

• mergers and acquisitions;
• corporate reorganizations;
• changes in ownership;
• layoffs or reductions in force;
• employee transfers;
• changes in job duties;
• relocation;
• remote-work arrangements; or
• closure or consolidation of business locations.

The immigration consequences should ideally be assessed as part of the business decision rather than after the corporate change has already occurred.

Depending on the visa category and facts, the employer may need to evaluate amended petitions, successor-in-interest issues, new filings or other compliance measures.

Why Employers Seek Ongoing Business Immigration Counsel

Employers that regularly hire foreign professionals often benefit from establishing consistent immigration procedures rather than addressing each matter in isolation.

Counsel can assist HR and management with:

• identifying immigration issues during recruitment;
• assessing sponsorship options before an offer is finalized;
• monitoring visa expiration dates;
• distinguishing changes of employer from changes of status;
• identifying events that may require amended filings;
• coordinating temporary visa and green card strategies;
• establishing appropriate immigration-document protocols; and
• responding to government inquiries or site visits.

Immigration planning is most effective when legal strategy is integrated with the employer's actual hiring and business objectives.

Attorney-Led Business Immigration Representation

At the Law Offices of Fariba Faiz, P.C., business immigration matters receive direct attorney involvement.

Clients work directly with Fariba Faiz, a California immigration attorney with more than 28 years of experience handling employment, business and investment immigration matters.

The firm's approach emphasizes strategic analysis, careful case preparation and candid assessment of both strengths and potential vulnerabilities.

This is particularly important in cases involving unusual occupational classifications, founders and entrepreneurs, extraordinary ability, complex corporate structures, prior immigration history, RFEs, NOIDs or multiple possible immigration strategies.

Serving Employers and Professionals Nationwide

Although the firm is based in the San Francisco Bay Area, U.S. immigration law is federal. The firm represents employers, entrepreneurs, investors and professionals throughout California and across the United States.

Clients include startups, established businesses and individuals working in technology, artificial intelligence, software, healthcare, biotechnology, engineering, finance, research, education, design and other professional fields.

Frequently Asked Questions About Business Immigration

What is business immigration?

Business immigration refers to U.S. immigration options used by companies, entrepreneurs, investors and professionals for employment, investment, intracompany transfers and employment-based permanent residence.

Depending on the circumstances, this may include H-1B, O-1, L-1, TN, E-2, E-3, PERM, EB-1A, EB-1C, NIW and other employment-based categories.

Can a U.S. startup sponsor a foreign employee?

Potentially, yes. Startup status alone does not prevent a company from sponsoring a foreign national. Eligibility depends on the immigration category, the company's actual operations and the facts of the proposed employment.

Founder ownership and corporate control can require additional analysis in some classifications.

Can a company sponsor its founder?

Potentially. The answer depends on the visa classification, ownership structure, corporate governance and facts of the relationship between the founder and the company.

O-1, H-1B, E-2, L-1 and immigrant visa options may be considered depending on the circumstances.

Does every employment-based green card require PERM?

No.

Many EB-2 and EB-3 cases require PERM labor certification, but categories such as EB-1A, EB-1C and qualifying EB-2 National Interest Waiver cases do not require PERM.

Can an employee begin the PERM process while in H-1B status?

Yes, assuming the employer and employee otherwise qualify. H-1B status is commonly used while employers pursue permanent residence sponsorship.

Is O-1 better than H-1B?

Neither category is universally better.

H-1B and O-1 have different eligibility requirements, procedural considerations and strategic advantages. The appropriate classification depends on the employee's qualifications, employer, timing and long-term immigration objectives.

Can TN workers apply for green cards?

A TN professional may potentially pursue permanent residence, but TN is a temporary classification and immigrant-intent considerations require careful planning.

Can an E-2 investor obtain a green card?

E-2 classification does not itself lead automatically to permanent residence. An E-2 investor may potentially qualify independently through an employment-based, family-based or other immigrant category.

What happens if USCIS issues an RFE?

An RFE identifies additional evidence or issues USCIS believes must be addressed before it can adjudicate the petition.

The response should address the specific legal and factual concerns raised rather than simply adding more documentation.

Schedule a Confidential Business Immigration Consultation

Employers, founders, investors and professionals seeking strategic immigration advice may schedule a confidential consultation with attorney Fariba Faiz.

A consultation can be used to evaluate:

• appropriate visa or green card options;
• employer sponsorship;
• immigration timing;
• startup and founder issues;
• changes of employer or corporate structure;
• prior filings;
• RFEs, NOIDs or denials;
• second opinions; or
• long-term immigration strategy.

Schedule a Confidential Consultation