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Business Immigration Lawyer in Richmond, VA
Read Our Case Study on PERM-based Green Cards for STEM Professionals
Learn how we helped one of our clients, Raymond Kanyo, get a green card with his STEM degree.
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éxito HOY
Asistencia jurídica experta para la inmigración empresarial a los EE.UU.
Enfocado en Certificación PERM y Profesionales STEM
Living in the United States, contributing to the economy, working legally, and building a future through your professional expertise—this is the modern version of the American Dream for international talent and employers alike. But the path to achieving that dream isn’t always straightforward. U.S. immigration policy is layered, technical, and—without the right guidance—can quickly become a barrier instead of a bridge.
Every year, thousands of foreign professionals face complex decisions about how to build a lasting legal presence in the U.S. While marriage-based options are commonly known, there are powerful and often overlooked legal strategies available to those with high-demand skills, advanced degrees, or strong employment potential. Among the most effective is the business immigration route through the PERM labor certification process—a pathway especially valuable for professionals in STEM fields (Science, Technology, Engineering, and Mathematics).
For ambitious individuals, business immigration offers a practical, merit-based route to establish themselves in the United States. Likewise, companies can successfully and advantageously source exceptional international talent.
STEM Careers and the PERM Process: A Strategic Path to Business Immigration
If you have an academic background in Science, Technology, Engineering, or Mathematics (STEM), you’re already well-positioned to take advantage of U.S. business immigration opportunities. These fields are not only in high demand—they represent a key bridge between global talent and the American labor market, where employers actively seek to fill critical roles with highly skilled professionals.
One of the most significant advantages for international students with STEM degrees is the ability to extend their Optional Practical Training (OPT) for up to 36 months. This extended window doesn’t just offer additional experience—it gives you the time needed to connect with employers willing to invest in your long-term value through green card sponsorship.
For many, this opens the door to the PERM labor certification process, a structured, employer-driven pathway that supports permanent residency through employment.
By aligning your STEM skills with an employer’s hiring needs and working with a knowledgeable business immigration attorney, you can turn your post-graduation opportunity into a lasting legal future in the U.S.
Key Business Advantages of the STEM + PERM Immigration Path
If you're a business seeking top-tier talent and your field is in STEM, partnering with international specialists for your workforce needs is achievable through the STEM + PERM approach. This method, especially beneficial for those with a sponsoring employer, offers a strong pathway to permanent U.S. legal status. From a business immigration standpoint, the advantages of this approach are significant.
Predictable, Merit-Based Alternative to the H-1B Lottery
Unlike the H-1B visa, which is subject to annual caps and randomized selection, the PERM labor certification process relies on your qualifications, employer sponsorship, and regulatory compliance. This gives both you and your sponsoring company more control, making it a strategic alternative for building long-term workforce stability.
Legal Structure, Professional Planning, Long-Term Stability
The STEM + PERM route offers a transparent, structured, and professionally grounded immigration path. For employers, it’s a compliant way to retain highly skilled talent. For candidates, it provides legal certainty and career continuity—without relying on family ties or humanitarian exceptions.
Permanent Residency: A Gateway to Retention and Growth
Once your PERM case is approved and your adjustment of status is granted, you receive a green card. This not only ensures your legal right to live and work in the U.S., but also allows companies to retain talent without worrying about visa renewals, enabling long-term planning and career development.
STEM Talent is in High Demand—and Employers Are Investing
U.S. employers across sectors—tech, manufacturing, healthcare, energy—are actively seeking professionals in Science, Technology, Engineering, and Mathematics. The demand for these roles increases your employability and sponsorship potential, giving companies a strong incentive to support your green card process through PERM.
What Is the PERM Process and Why Is It Essential for Your Green Card?
The PERM (Program Electronic Review Management) process is the first major step on the path to obtaining employment-based permanent residency (green card) in the United States. Through this process, the U.S. Department of Labor certifies that there are no qualified U.S. workers available to fill the position offered to the foreign worker.
If all requirements are met, the employer receives a PERM Labor Certification—an essential prerequisite before submitting a green card petition to USCIS.
Key Elements of the PERM Process:
- That’s where the PERM Labor Certification becomes the perfect complement to a STEM background. As one of the most reliable and merit-based paths to permanent residency, the PERM application process allows a U.S. employer to prove that no qualified American worker is available for a specialized position—and begin the sponsorship process for the foreign employee.
- Mandatory Recruitment
The employer must conduct a formal recruitment campaign and clearly demonstrate that your role is essential and cannot be filled by a U.S. worker. - Position Justification
The job must be legitimate, full-time, and meet government standards for fair wage and working conditions. - Documentation and Filing
Once all steps are completed, the employer submits the PERM application (Form ETA 9089). Upon approval, they can proceed with your green card application.
PERM Eligibility Requirements
While the PERM Labor Certification may seem like a reliable path to achieving the American Dream, it’s not suitable for everyone. To be eligible for this process, you must meet certain professional criteria and have the appropriate support in place to obtain your green card through employment.
One of the best ways to pursue a PERM-based green card is by having a degree in a STEM field—Science, Technology, Engineering, or Mathematics—as professionals in these areas are in high demand in the U.S. job market. Once you confirm that your academic background falls within this category, you’ll also need a full-time, permanent job offer that meets the wage and employment standards established by the Department of Labor.
As you can imagine, the employer plays a central role in the PERM process. You must have a company that is willing to sponsor your petition and carry out the recruitment procedures required by the Department of Labor. Furthermore, the employer must commit to hiring you once you obtain your permanent residency.
Raymond's Story: A Real Example of How Tingen Law Helps You Succeed Through Work-based immigration
The client we have featured in our case study, Raymond, arrived in the U.S. at just 16 years old, driven by ambition and potential. Like many international professionals, he later faced the challenge of turning academic success into long-term opportunity—navigating limited work options after graduation, a complex legal system, and the pressure to secure a stable path to residency. What made the difference in Raymond’s case? The strategic guidance of the legal team at Tingen Law, who helped him pursue a career-based immigration solution aligned with his professional goals.
At Tingen Law, we specialize in helping talented individuals and sponsoring employers succeed through employment-based immigration. Whether you're pursuing a green card through the PERM process, seeking a skilled worker visa, or planning a long-term professional future in the U.S., our attorneys develop tailored legal strategies that reflect your career, education, and goals. We provide full-service support through every stage of your work-related immigration journey—so you can focus on building your future while we take care of the legal path.
Career and Sponsorship Analysis
We begin with a deep strategic review of your academic background, employment history, and current or prospective job opportunities to assess your eligibility for employment-based permanent residency through business immigration. Our goal is to deliver a clear, evidence-driven evaluation of whether the PERM Labor Certification is a viable and effective pathway for your specific case.
We look at every angle—from your professional field and immigration timeline to your employer’s capacity to sponsor—ensuring that your legal roadmap is realistic, compliant, and tailored for long-term success in the U.S.
Legal Support for STEM Reclassification
In Raymond’s case, our legal team played a key role in helping him reclassify his degree as STEM, which allowed him to extend his OPT (Optional Practical Training) period. This extension gave him the time needed to gain valuable work experience, build his professional portfolio, and strengthen his case for permanent residency.
But the benefits didn’t stop there. The STEM reclassification became a crucial stepping stone to the next level: the PERM Labor Certification. With a STEM foundation and a longer OPT period, Raymond was in a much stronger position to begin—and successfully complete—the PERM process.
Full-Service Business Immigration Support for the PERM Process
Navigating the PERM Labor Certification process requires precision, strategy, and compliance. That’s why we offer end-to-end business immigration support—from coordinating with your employer on the job offer, to managing recruitment documentation, wage determinations, and the final submission of Form ETA 9089.
At Tingen Law, we take ownership of every step in the process, minimizing delays, reducing legal risks, and ensuring full alignment with Department of Labor standards. Our team works closely with both the employee and employer to build a strong, legally sound case for permanent residency through employment.
We understand that the PERM process is more than paperwork—it’s a crucial step toward long-term workforce planning for businesses and lasting legal security for professionals. With decades of combined experience in employment-based immigration, we’re here to guide you through each phase with accuracy and confidence.
Our firm is built on transparency, strategic thinking, and genuine advocacy. Whether you’re a STEM professional seeking stability or a company investing in international talent, we’re proud to be your partner in shaping a future of innovation and opportunity in the United States.
Meet Your Team
The Attorneys at Tingen law have years of experience helping clients like you. We work with an experienced paralegal and support staff team. We'd love to see how we can help you overcome the immigration challenges you face.
Trent Powell
Trent brings a decade of experience to the Immigration practice at Tingen Law. Get to know him and how he helps clients get legal status in the U.S.
Jacob Tingen
As Managing Partner, Jacob coordinates the firm's practice generally. Learn more about Jacob and the work he does at Tingen Law.
James Williams
James represents clients across the intersection of immigration, business, and family law. Listen to his interview and discover how Tingen Law helps clients move forward with their life.
Frequently asked questions
Here are some common questions about business immigration
Sponsoring a foreign worker for U.S. permanent residency (also known as a green card) involves a multi-step process that requires coordination between the employer, the employee, and various government agencies. This pathway falls under the umbrella of employment-based immigration, often through visa categories like EB-2 or EB-3. Here's how the process works:
1. PERM Labor Certification (U.S. Department of Labor)
The first step is to obtain a PERM Labor Certification from the U.S. Department of Labor (DOL). This certification confirms that there are no qualified, willing, and available U.S. workers for the job at the intended location and hiring the foreign worker will not negatively impact the wages and working conditions of similarly employed U.S. workers.
The PERM process is detailed and time-sensitive, involving recruitment efforts, job postings, and strict compliance with DOL regulations. It typically takes between 6 and 18 months, depending on DOL backlog and workload, the job’s complexity and industry, and whether the application is selected for audit
This is a crucial step in business immigration, and accuracy in the application is essential to avoid delays or denials.
2. Immigrant Petition (USCIS – Form I-140)
Once the PERM is approved by the DOL, the employer must file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition demonstrates the employer’s ability to pay the offered wage, the legitimacy of the job offer and that the foreign worker meets the qualifications listed in the PERM certification
Processing times for the I-140 typically range from 4 to 12 months.
3. Adjustment of Status or Consular Processing (Form I-485)
Upon I-140 approval, a foreign worker can pursue lawful permanent residency. If in the U.S., this is done by filing Form I-485, or through consular processing if outside. Notably, depending on visa availability, I-140 and I-485 filings may occur concurrently.
Some considerations: If your business wants to sponsor a foreign worker, you should demonstrate your ability to pay the prevailing wage for the position. If it’s you case and are considering hiring a foreign worker, you must consult one of our business immigration attorneys legal professionals to ensure compliance with all requirements and navigate the complex process.
Obtaining an employer to sponsor an employment-based green card is challenging but achievable. For those meeting specific criteria, entering the diverse realm of business immigration is a viable possibility.
- Target High-Demand Sectors
Getting an employment-based green card is often an attractive path for foreign professionals who wish to establish permanent residence in the United States. Sectors such as technology—with its constant innovation and demand for specialized skills—as well as healthcare, which faces a critical need for medical and support personnel, tend to be more inclined to sponsor foreign employees in this process. Similarly, fields like engineering, which are essential for infrastructure and technological development, and education, which consistently requires highly qualified teachers and researchers, are also more likely to offer this opportunity.
The reason behind this willingness lies in the need to fill specialized positions that cannot easily be met with local talent. By sponsoring international workers, these industries not only address skill shortages but also incorporate diverse perspectives and experiences that enrich their operations and foster innovation.
This sponsorship, beyond being a practical hiring solution, becomes a key strategy for long-term growth and competitiveness in a globalized market.
By sponsoring foreign workers, all businesses face some challenges, risks and liabilities that must be handled carefully. By entering in this process, companies get involved in financial responsibilities, compliance issues and potential damage of image if they fail to meet strict requirements.
- Compliance with Labor Laws
Employers must undertake a comprehensive labor market test, adhering strictly to the guidelines set forth by the Department of Labor (DOL). Non-compliance, whether intentional or unintentional, can lead to significant setbacks and repercussions. Erroneous job postings that do not accurately reflect the position's requirements, offering wages below the prevailing rate as determined by the DOL, or neglecting to complete all required recruitment steps are common pitfalls. Such errors can trigger a DOL audit, which can significantly delay the process. Even worse, a denial of the PERM application can force the employer to restart the process, incurring further time and expense. In severe instances, blatant violations of the regulations may result in legal penalties.
2. Wage Obligations
In the realm of business immigration, employers bear a critical responsibility: proving their financial capacity to compensate the foreign worker at the offered wage. The imperative to demonstrate this 'ability to pay' is not merely a procedural formality but a fundamental requirement that underpins the integrity of the immigration system and the protection of both foreign and domestic workers' rights. Employers must meticulously prepare and maintain records that substantiate their financial stability and the availability of sufficient funds to meet the promised salary. Failure to provide unequivocal evidence of this capacity can result in the outright denial of the I-140 petition, effectively halting the foreign worker's path to permanent residency and disrupting the employer's hiring plans. Moreover, such a failure can expose the employer to significant legal repercussions, including potential liability for violations of federal labor standards.
3. Changing Business Conditions
Significant organizational changes, such as mergers, layoffs, or restructurings during the sponsorship period, can invalidate the job offer and complicate immigration processing. If these occur after filing documents, it's crucial to immediately consult legal counsel to address potential negative impacts and ensure legal work status. Failure to do so could lead to serious immigration issues.
4. Post-Sponsorship Expectations
A fundamental requirement for sponsorship is the presence of a genuine and bona fide job offer. This signifies that the position is real, actively available, and the employer intends to hire the foreign worker to fill it. Furthermore, sponsorship implies a commitment to a longer-term employment relationship. While it is unrealistic and impractical for an employer to guarantee lifelong employment, there should be a reasonable expectation of continued employment beyond the mere procurement of the green card.
Should a sponsored worker depart from the company relatively soon after acquiring their green card, it can trigger potential concerns and raise red flags with the United States Citizenship and Immigration Services (USCIS). This is because such an early departure may cast doubt on the initial intent and the genuineness of the job offer at the time of sponsorship. USCIS may perceive this as an indication that the sponsorship was primarily a means to obtain a green card rather than a genuine effort to fill a legitimate, long-term employment need. Consequently, this could lead to increased scrutiny and potentially adverse outcomes during future reviews or immigration-related applications by the employer.
It is crucial to emphasize that employers are not obligated to offer or guarantee a lifetime of employment to sponsored workers. However, employers must approach the sponsorship process with a sincere intention of establishing a long-term working relationship. Sponsoring a role that is inherently short-term, temporary, or lacks long-term viability may invite significant scrutiny from USCIS.
Sponsoring international talent significantly enhances a company's growth and competitiveness. By accessing a global talent pool, companies acquire specialized skills and diverse perspectives, fostering innovation and strengthening market presence. This strategy enables businesses to fill crucial skill gaps that may not be locally available, facilitating expansion into new markets and enhancing global reach.
Some of the key advantages of sponsoring foreign talent:
- Broader Talent Acquisition: Recruit qualified individuals from around the world, accessing unique expertise.
- Enhanced Global Mobility: Facilitate international employee transfers, supporting global operations and attracting talent seeking flexible work.
- Market Expansion Support: Send experienced personnel to oversee operations in new markets, ensuring successful growth.
- Innovation Promotion: Introduce diverse viewpoints, fostering new ideas and creative problem-solving.
- Improved Customer Relations: Better cater to a global clientele by understanding and meeting diverse customer needs.
- Stronger Competitive Edge: Attract and retain top international talent, gaining a strategic advantage in the industry.
Ultimately, sponsoring foreign talent through business immigration is a strategic investment that cultivates a resilient, globally aware, and innovative workforce—propelling long-term company growth and strengthening competitive advantage in an increasingly interconnected market.
At Tingen Law, we guide employers through every stage of the employment-based immigration process, ensuring full compliance with Department of Labor (DOL) regulations and maximizing your chances of a successful sponsorship and reducing risks of facing any possible penalties. One of our business immigration attorneys can help you by:
- Identifying positions that qualify for sponsorship and develop long-term business immigration strategies that align with company growth. Whether you’re hiring foreign talent for the first time or scaling a global team, we provide clear legal frameworks to support your goals.
- Our team manages the PERM (Program Electronic Review Management) process, guaranteeing your recruitment activities align with all Department of Labor requirements. This includes providing guidance on necessary advertising procedures, confirming job descriptions and minimum qualifications are accurate, preparing and assessing recruitment reports, and ensuring all timelines and documentation are precise and prepared for audits.
- We assist employers in demonstrating their ability to pay the prevailing wage, ensuring proper documentation and financial records are submitted. We also verify that job offers are structured to meet all DOL and USCIS standards.
- Also we offer continuous compliance assistance to employers after business immigration cases are filed, covering DOL audits, RFEs, sponsorship compliance, and changes in business or employee situations.
At Tingen Law, we blend legal precision with a deep understanding of employer realities. With a strong track record in both immigration and employment law, Tingen Law empowers businesses to recruit and retain top global talent—confidently and compliantly.