Bronx Employment Immigration Lawyers

Last Updated on: 11th October 2025, 11:05 am

Bronx Employment Immigration Lawyers

Your I-140 immigrant petition just got denied after 18 months of waiting. You already filed PERM labor certification – DOL approved it after 14 months including a surprise audit. Your employer spent $15,000 on legal fees and recruitment costs. Now USCIS says the position doesn’t require a bachelor’s degree, or the company can’t demonstrate ability to pay the proffered wage, or the job duties don’t match the PERM application. All that time and money wasted.

You’re approaching year 6 of H-1B status. No extension available without approved I-140 or PERM pending 365+ days. Your priority date isn’t current because you were born in India – 10+ year wait for EB-2 visa numbers. Can’t file I-485. Stuck in limbo. Employer won’t start over with new PERM because the first one failed. Looking at leaving the U.S. after building a career here for six years.

When I-140 Petitions Get Denied

USCIS denies I-140s for multiple reasons. Ability to pay is the most common – employer must prove they can pay the proffered wage from the PERM priority date through green card approval. Evidence required: federal tax returns, audited financial statements, or annual reports. If the company shows losses or minimal net income, USCIS questions ability to pay even if the foreign worker is currently being paid that salary.

We handled a case for a healthcare clinic in Fordham. They filed PERM for a physical therapist, approved after 11 months. Filed I-140, denied because tax returns showed net loss of $40,000 even though they were paying the therapist $85,000 salary. We filed motion to reconsider with evidence that the loss was due to equipment purchases. USCIS denied the motion. Had to start over two years later.

Job Requirements That Dont Match

USCIS scrutinizes whether I-140 job duties match what was listed on PERM. Even small inconsistencies trigger denials or RFEs. If PERM said “manage team of 5 software developers” but I-140 says “manage team of software engineers” without specifying number, USCIS questions whether it’s the same position.

Bronx software company filed PERM for senior developer position. Approved. Filed I-140 six months later. By that time, company had reorganized – the foreign worker was now team lead with slightly different responsibilities. I-140 reflected current duties. USCIS denied it, said duties don’t match PERM. Lost the case.

Ability to Pay Evidence Requirements

USCIS wants tax returns for every year from PERM priority date through I-140 filing. If company shows losses, they need alternative evidence – audited financial statements showing net current assets exceeding proffered wage, or evidence that foreign worker was already being paid the proffered wage.

Many Bronx small businesses don’t have audited financial statements. Tax returns are all they have. If those show losses, I-140 gets denied even when the employer is legitimately able to pay. USCIS doesn’t care about cash flow or future projections. They want documentation proving ability to pay.

H-1B Six-Year Maximum Problem

H-1B status maxes out at 6 years – 3 years initial, 3 years extension. Only exceptions: approved I-140 allows 3-year extensions indefinitely, or PERM pending 365+ days allows 1-year extensions. Without either, you hit the 6-year limit and must leave the U.S. for 1 year before applying for new H-1B.

Riverdale tech worker on H-1B for 5 years and 9 months. Employer filed PERM but it’s only been pending 10 months – not long enough for extension eligibility. PERM won’t be approved before H-1B expires. He chose to leave and continue working remotely from Toronto. Lost his apartment, his routine, his life in New York.

7th Year H-1B Extensions

Once PERM has been pending 365+ days, you can extend H-1B in 1-year increments until PERM is decided. If PERM gets denied, extensions stop – you’re back to the 6-year limit. If PERM is approved and I-140 is filed, you can’t extend again until I-140 is approved or pending 365+ days.

Hunts Point manufacturing company filed PERM for industrial engineer. Pending 400 days, they filed 7th year H-1B extension. Then PERM got audited. Audit dragged on 8 months. Extension expiring. Filed another 1-year extension. PERM finally approved after 24 months. Eventually approved but chaos.

PERM Audit Complications

DOL audits roughly 20-25% of PERM applications. Audits request documentation proving you conducted recruitment properly, considered U.S. worker applicants fairly, maintained prevailing wage records. If you can’t produce complete documentation, PERM gets denied.

Common audit triggers: job requirements that exceed normal requirements for the occupation, high prevailing wages, competitive job markets with many applicants, inconsistencies in the application.

Documentation Problems

Bronx restaurant filed PERM for executive chef specializing in Dominican cuisine. Conducted recruitment. Received 12 applications. Interviewed 4 candidates. Rejected all for legitimate reasons – insufficient experience, didn’t have knowledge of Dominican culinary techniques.

PERM got audited. Restaurant provided everything except – they couldn’t find one of the newspaper ad tear sheets. DOL denied the PERM. Entire case lost because of one missing document.

U.S. Worker Interview Requirements

You must interview every U.S. worker who meets the minimum requirements on paper. Can’t screen out applicants without interviewing them unless they’re clearly unqualified based on resume. If you reject them, document specific lawful reasons – insufficient experience, lack of required skills, poor interview performance, unrealistic salary expectations.

South Bronx IT company filed PERM for network administrator. Received 30 applications. Interviewed 8. Rejected all 8 – cited “not a good culture fit” or “lacking communication skills.” PERM got audited. DOL said those reasons were too subjective. Company couldn’t provide adequate evidence. PERM denied.

AC21 Job Portability Complications

AC21 allows changing employers after I-485 has been pending 180+ days, as long as the new job is in same or similar occupation. USCIS scrutinizes whether new position is actually same or similar – must have similar duties, require similar skills, fall within same SOC code.

Mott Haven data analyst filed I-485 after priority date became current. After 6 months, received job offer paying 30% more. Used AC21 to change employers. New position was “senior data analyst” with additional responsibilities. USCIS issued RFE questioning whether position was substantially similar. We responded showing 80% of duties were identical. USCIS accepted it but not without stress.

Marketing manager in Parkchester wanted to use AC21 to switch to business development. Job duties were different. Different SOC codes. We advised against it. He stayed with original employer until approval.

When Employers Cant Afford Prevailing Wage

DOL determines prevailing wages based on occupation, location, experience level. Bronx prevailing wages are lower than Manhattan but still substantial. Software developers with bachelor’s and 2 years: $95,000-120,000. Physical therapists: $85,000-100,000. Registered nurses: $80,000-95,000.

Employer must pay the prevailing wage or actual wage, whichever is higher. Must maintain that wage from PERM filing through green card approval – typically 2-3 years, or 10+ years for India and China EB-2 workers.

Tremont accounting firm wanted to sponsor their bookkeeper. She’d worked there 4 years on H-1B, salary $62,000. Prevailing wage came back at $75,000. Firm couldn’t afford to raise her salary by $13,000. Couldn’t file PERM. She left for a larger firm that could sponsor her.

Why Cases Fail

Poor documentation. Employers don’t keep complete records. When USCIS or DOL requests evidence, they can’t produce it. Case denied.

Timing mistakes. Filing I-140 too long after PERM approval when job duties have changed. Missing deadlines for RFE responses.

Inconsistent information. PERM says one thing, I-140 says something different, LCA shows different wage. USCIS and DOL catch these inconsistencies.

Underestimating complexity. Employers try to handle cases themselves. Make critical errors. By the time they realize the problem, it’s too late.

I’m Todd Spodek. After graduating from Pace Law School, I started appearing in courts throughout New York daily. High-profile cases include Anna Delvey – the Netflix series. Spodek Law Group handles employment immigration for Bronx employers and workers. PERM labor certifications, I-140 petitions, H-1B visas, L-1 transfers, EB-1 extraordinary ability, EB-2 NIW, adjustment applications. We’re available 24/7. Call us before your case fails, not after.