At Law Offices of Hussain & Gutierrez, employment-based immigration lawyer Fakhrudeen Hussain brings a wealth of experience and knowledge to our representation of employers. We represent employers of all sizes from Los Angeles, Van Nuys, Encino, and throughout the San Fernando Valley, California.
We work in all areas of immigration law, providing sound counsel and representation regarding immigration and employment.
Give us a call today to discuss your particular challenges in a free initial meeting.
Why Employers Need Legal Immigration Support
Hiring foreign nationals can be an essential part of your business strategy, especially in specialized fields like technology, medicine, academia, and defense. However, bringing international talent into your workforce demands a thorough understanding of U.S. immigration law. A single error in paperwork, classification, or timing can result in lost opportunities, legal fines, or compliance violations.
That’s why we ensure that every foreign worker you hire is properly authorized to work, either as a U.S. citizen, green card holder, or visa beneficiary, and that every form filed complies with Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) regulations.
Representing Employers in the Hiring Process
To take on a new employee, employers must confirm their legal eligibility. The most common and often complex method is hiring someone on a temporary nonimmigrant visa such as the H-1B.
At Law Offices of Hussain & Gutierrez, we work closely with employers to verify documentation, structure hiring pathways legally, and maintain compliance through the entire lifecycle of the employee’s sponsorship. This includes assistance with:
- Labor Condition Applications (LCAs)
- Prevailing wage determinations
- USCIS Form I-129 submissions
- H-1B lottery registrations
- Change of employer filings
We don’t just “file papers.” We become your strategic immigration partner, minimizing risk and optimizing success.
H-1B Visas – Navigating Specialty Occupation Recruitment
The H-1B visa is a cornerstone of employment-based immigration. It allows U.S. employers to hire foreign workers in “specialty occupations” that require theoretical or technical expertise.
Eligibility Criteria:
- A bachelor’s degree or equivalent in the specialty
- The job must require that level of academic training
- The degree must be common to the industry for that role
- The wage offered must meet or exceed the prevailing wage for that position
Common H-1B Occupations:
- Software engineers
- Architects and designers
- Physicians and surgeons
- College-level educators
- Legal analysts
- Researchers
- Statisticians
- Artists and creative professionals
Important Attributes of H-1B Sponsorship:
- Annual Cap: 65,000 general and 20,000 for U.S. Master’s degree holders
- Filing Window: Applications must be filed within a narrow timeframe, often from March to April
- Lottery System: Due to high demand, USCIS uses a randomized selection process
- Premium Processing: Employers can expedite adjudication within 15 days
- Dependent Visas: H-1B holders can bring spouses and children under the H-4 category
- Portability: H-1B holders can switch employers with a new petition
Common Challenges:
- RFEs (Requests for Evidence) on degree equivalency or specialty occupation
- Denials based on insufficient wage levels or unclear job descriptions
- Site visits and audits for compliance validation
We help employers prepare clean, fully documented cases to avoid delays and increase approval rates.
H-1B2 – Department of Defense Research Workers
Employers working with the U.S. Department of Defense may sponsor foreign professionals under the H-1B2 visa, specifically for cooperative research and development projects.
Requirements:
- The position must be directly tied to a DoD project under a government-to-government agreement
- Must meet specialty occupation standards and educational equivalency
- Often involves advanced scientific or engineering work
We provide tailored legal assistance to ensure alignment with DoD compliance and security standards.
H-2C – Fashion Models of Distinguished Merit
Fashion models of extraordinary talent and achievement may qualify for a specialized work visa. The position must require a model of prominence, and the applicant must show significant industry recognition through awards, agency endorsements, and high-profile work.
We assist fashion industry employers with:
- Verifying “distinction” via portfolio and press
- Building a complete visa petition that stands up to scrutiny
- Navigating contracts, unions, and U.S. fashion law compliance
Beyond the Petition – Total Employer Compliance Services
Our legal guidance doesn’t stop at filing. We help employers build strong internal systems that prevent violations and ensure smooth audits.
Compliance Services Include:
- Form I-9 Audits: Ensuring all employee records are compliant and updated
- E-Verify Support: Guiding you through federal employment eligibility confirmation
- Response to ICE and USCIS Investigations: Legal counsel during site visits or audits
- Wage and Hour Audits: Avoiding issues related to underpayment or misclassification
- Recordkeeping Strategy: Best practices for tracking visa timelines, extensions, and changes
Exploring Additional Employment-Based Visa Options
While H-1B is the most common, other visa options may better suit your needs:
- O-1 Visa: For individuals of extraordinary ability in science, arts, education, or athletics
- L-1 Visa: For intracompany transfers, especially executives or specialized knowledge employees
- TN Visa: For Canadian and Mexican professionals under NAFTA/USMCA
- PERM Process for Green Cards: Long-term sponsorship pathways for permanent residency
If your candidate doesn’t fit the H-1B mold or if you’ve missed the lottery deadline, we can explore these alternative paths.
FAQs – Common Employer Questions Answered
How long does the H-1B process take?
Standard processing is 3–6 months. Premium processing guarantees 15 calendar days.
Can I sponsor more than one employee?
Yes. Each petition must be independently justified, but there is no employer limit.
Is there a quota or limit?
Yes, the H-1B is capped annually. Exemptions apply to universities and nonprofits.
What if my petition is denied?
We assist with appeals, motions to reopen, or reapplication under a new classification.
Can I hire an H-1B holder already in the U.S.?
Yes. We can facilitate an H-1B transfer or change of employer petition.
What’s an RFE and how do I avoid one?
A Request for Evidence is a USCIS notice for missing documentation. We help preempt RFEs by submitting comprehensive, well-structured applications from the start.
Multilingual Legal Services for a Global Workforce
Our legal team is fluent in multiple languages to serve diverse employer and employee needs:
- Spanish
- Sinhala
- Tamil
- Gujarat
- Hindi
- Urdu
Contact Law Offices Of Hussain & Gutierrez
Call 818-997-3701
Visit hussaingutierrezlaw.com to schedule a free consultation
Or contact us via our online form for a personalized immigration strategy
Need to Hire Foreign Talent the Right Way?
Whether you’re a healthcare provider seeking to fill critical vacancies, a tech firm competing for international developers, or a defense contractor dealing with secure projects, we’ll help you recruit the right people legally and efficiently.
