Employment-Based Immigration Lawyer in Philadelphia, PA

Philadelphia’s story is one of ambition. It’s built by people with vision, from the founders who shaped a nation to the modern innovators who fuel our city’s growth. We see that same ambition in the businesses we work with and the professionals seeking to build their careers here.

At Henry & Grogan, our work is grounded in that spirit. We are an employment-based immigration law firm that provides the legal framework for businesses and talented individuals to connect and thrive in Philadelphia and its surrounding communities. Our purpose is to give you direct, actionable legal advice for your career.

We don’t deal in hypotheticals. We deal with the complex regulations of U.S. immigration law. The attorneys at Henry & Grogan are reliable, qualified, and committed to offering our clients trusted legal representation. Our focus on employment-based immigration in Philadelphia is to ensure clients enjoy permanent residency in the land of opportunities.

Employment-Based Immigration Visas

An employment-based immigration visa allows foreign workers to immigrate permanently to the United States. Unlike non-immigrant visas, EB visas give applicants the chance to lawfully become permanent residents in the U.S. Therefore, foreign workers, their spouses, and children become eligible to work and live in the U.S permanently.

The types of visas needed vary in the United States. Our professional lawyers in employment-based immigration can assist workers in procuring the following visas:

EB-1A – The visa is issued to workers who have extraordinary abilities
EB-1B – Issued to outstanding foreign professors or researchers
EB-1C – For the executives and managers who are transferred from international organizations
EB-2 – Eligible for workers who exhibit exceptional ability with a U.S. job offer (it’s also for professionals with an advanced degree and a U.S. job)
EB-3 – Issued to professionals, skilled, and unskilled workers
EB-4 – For special immigrants such as religious workers, some United States Armed Forces members, and retired employees of multinational corporations
EB-5 – Issued to immigrant investors

Immigration law is rampant with documents and forms, making it a stressful process. Reach out today to enjoy hassle-free employment-based immigration in Philadelphia.

Trusted H1B Visa Attorneys in Philadelphia, PA

The H1B visa allows a foreign national to work temporarily in the U.S. The employer is required to offer a job in the United States and provide the potential employee with an H1B visa petition. The applicant may hold the visa status for a maximum period of six years. The visa can, however, be transferred to a new employer.

Henry & Grogan is a reliable H1B visa attorney serving Philadelphia. Our non-immigrant department brings you vast experience in preparing H1B petitions with a wide array of occupations and industries. Our attorneys are available for consultation with both employees and employers.

How an H1B Attorney Can Help

An H1B visa attorney in Philadelphia can help in the following ways:

Assisting in completing the petition
Advising the employer and employee on the overall timeline and process
Filing a petition with USCIS
Following the lottery results
Responding to requests from USCIS

Getting a Letter of Employment for Immigration

An EVL, or employment verification letter, is typically requested by the organization, such as a landlord or bank, to verify current and/or previous job status. The letter can also serve as evidence for immigration purposes, like when applying for a fiancé visa. Our department in employment-based immigration will help in filling out the forms for a seamless process.

H1B to Green Card Transition: What You Need to Know

The H-1B visa is a common starting point for many professionals, but it’s often just one part of a much longer journey. The path from a temporary work visa to a permanent green card involves several distinct stages, each with its own set of legal requirements. As your employment-based immigration attorney, we can guide you through each phase.

Employer Responsibilities

When your company sponsors a foreign worker for an H-1B visa, you take on significant legal obligations. You must first file a Labor Condition Application (LCA) with the Department of Labor, attesting that you will pay the required wage and that the hiring will not negatively impact U.S. workers. You are responsible for all government filing fees associated with the petition and must maintain a public access file with documentation supporting your attestations. Failure to meet these duties can result in penalties for your business.

Prevailing Wage Requirements

The government requires you to pay your H-1B employee a specific wage known as the “prevailing wage.” This is the average wage paid to similarly employed workers in the intended area of employment. The Department of Labor sets this wage to protect the local labor market. Your company must agree to pay the H-1B worker either the prevailing wage or the actual wage you pay other employees with similar experience and qualifications, whichever is higher.

The H-1B Cap and Lottery

Each year, the demand for H-1B visas far outstrips the supply set by Congress. This leads to a lottery system to select which petitions will be processed. The process begins with an electronic registration for each prospective foreign worker. After the registration period closes, U.S. Citizenship and Immigration Services (USCIS) conducts a random lottery to meet the annual cap of 65,000, plus an additional 20,000 for those with a U.S. master’s degree or higher. Being selected in the lottery does not grant the visa but the opportunity to file the full H-1B petition.

Transitioning to a Green Card

Holding an H-1B visa does not automatically lead to permanent residence. The transition to a green card is a separate, multi-step process. For most, this begins with the PERM Labor Certification process, where your employer must test the U.S. labor market for willing and qualified workers. After the PERM is certified, your employer files an I-140 Immigrant Petition for Alien Worker. Once that petition is approved and your priority date is current, you can file for an adjustment of status to become a lawful permanent resident.

In-Demand Jobs and Industries for Employment-Based Visas in Philadelphia

Philadelphia is a major hub for some of the world’s most dynamic industries. For example, the city’s reputation for “Eds and Meds” is well-earned, with world-class universities, research institutions, and hospital systems constantly seeking top-tier talent.

You also have groundbreaking research being completed at places like the University of Pennsylvania and new treatments being developed in our booming life sciences and biotech sectors. Software engineers, data scientists, and financial analysts are highly sought after by tech startups in N3rd Street and established corporations in Center City. These industries rely on the employment-based immigration visa system to bring in the minds they need to innovate and compete.

We’re the Immigration Attorneys in Philadelphia, PA, Businesses Trust

If you’re an investor, a high-ranking employee at an international organization, or an entrepreneur, you might qualify to obtain a visa to allow you to work and live in the U.S. We offer help to investors and entrepreneurs navigate the complex U.S. immigration system. No matter the circumstances, we will help you understand the available options to make the best decision.

Helping Employers Stay Compliant With USCIS and Department of Labor Requirements

Federal agencies like USCIS and the Department of Labor have strict rules for employers who hire foreign workers. Compliance is not optional, and mistakes can be costly. As a business, the primary focus is on running your company. Our focus is on the fine print of immigration law, helping you build a compliant immigration program from the ground up.

We provide legal advice on maintaining proper records, including I-9 employment eligibility verification and the public access files required for H-1B workers. When the government issues a Request for Evidence (RFE) or initiates an audit, a prompt and correct response is critical. In fact, a failure in compliance can jeopardize a foreign worker’s status, create significant financial liability for your company, and, in severe cases, lead to a worker falling out of status and facing potential removal or deportation. A strong compliance foundation protects both your business and your employees, so partner with our employment-based immigration lawyers today.

Our Work Across the Employment Visa Spectrum

The world of business immigration is more than just H-1B petitions. Different business needs and individual qualifications call for different strategies. Our law firm has the background to provide legal advice across all types of work visas in the United States.

Permanent Residence (Green Cards)

The ultimate goal for many is obtaining a green card. We handle the PERM process from start to finish. We also work with individuals who may qualify for other categories, like the EB-1A for persons of extraordinary ability or the EB-2 National Interest Waiver for those whose work is of great importance to the U.S. The final step for many applicants inside the U.S. is the adjustment of status application, which we prepare and file. Obtaining permanent residence is the key that opens the door to eventual citizenship and naturalization.

Temporary Work Visas

Your business may need to bring in an executive from an overseas office with an L-1 visa. Or you may want to work with a treaty investor and need an E-2 visa. Each employment-based immigration visa has unique criteria. We work with you to identify the appropriate path for each foreign worker and prepare the necessary petitions to secure a work permit and legal status.

Modern Workplace Considerations

The rise of remote work has added a new layer of complexity to immigration law. Your employee’s physical location dictates prevailing wage calculations and other compliance matters. We provide legal guidance to employers on how to structure remote or hybrid work arrangements for foreign national employees without violating immigration regulations.

Call Our Employment-Based Immigration Lawyers in Greater Philadelphia Today

The team at Henry & Grogan is devoted to employment-based immigration in Philadelphia. We represent individuals and companies throughout the U.S in connection with family and employment-based visa petitions. Our related expertise includes H1B visas, national interest waivers, adjustment of status, labor certifications, naturalizations, EB-1 to EB-3 visas, and more. If you’re in Pennsylvania, reach out for more help today.