Criminal Defense Lawyers

Suffolk County Employment Immigration Lawyers

Last Updated on: 17th November 2025, 02:25 am

This is Spodek Law Group. Todd Spodek, our founding attorney and second-generation criminal defender, built this firm on fifty years of family legal tradition. Todays article covers employment-based immigration for Suffolk County businesses and foreign workers seeking work authorization. If your company needs to sponsor employees or you need help with H-1B visas, green cards, or work permits, were equipped to navigate these complex federal requirements. Suffolk County employs thousands of foreign nationals. From hospitals in Stony Brook to restaurants in Riverhead, from tech companies in Hauppauge to medical practices in Smithtown—businesses across Long Island depend on immigrant workers. But employment immigration isn’t simple. The visa process takes months or years. The costs exceed what most employers expect. And one mistake on your petition can result in denial, wasted money, and a foreign employee who has to leave the country.

The Real Cost of Sponsoring an Employee (What Nobody Tells You)

Other immigration attorneys list their services without discussing actual costs. That’s dishonest. Heres what sponsoring an H-1B employee really costs a Suffolk County employer:

Attorney Fees:

• H-1B petition: $5,000 to $15,000
• PERM Labor Certification: $8,000 to $20,000
• I-140 Immigrant Petition: $3,000 to $8,000
• I-485 Adjustment of Status: $5,000 to $12,000

Government Filing Fees (2024):

• H-1B base fee: $460
• Fraud Prevention fee: $500
• ACWIA Training fee: $1,500 (small employers) or $750 (employers with 25 or fewer employees)
• Premium Processing: $2,805 (optional, reduces time to 15 days)
• Public Law 114-113 fee: $4,000 (if you have 50+ employees and more than 50% are H-1B/L-1)

PERM Advertising Costs:

• Print advertisements: $2,000 to $4,000
• Online job postings: $1,000 to $2,000
• Recruitment documentation: $1,500 to $3,000

Total employer investment for H-1B to green card: $25,000 to $60,000 per employee. And thats if everything goes smoothly. If USCIS issues a Request for Evidence (RFE), add another $3,000 to $8,000 in attorney fees. If your petition gets denied and you appeal, add $10,000 to $25,000. Most Suffolk County immigration attorneys won’t discuss these numbers upfront because they dont want to scare away clients. But surprises cost more than honesty. When your halfway through the green card process and your attorney hits you with unexpected fees, your stuck. You’ve already invested too much to quit, so you pay whatever they demand. We tell you the total cost before you start. No surprises. No hidden fees.

The H-1B Lottery System (Why Your Employee Might Not Get Selected)

Heres what happens when you file an H-1B petition. USCIS accepts registrations in March. Employers submit basic information and a $10 registration fee per employee. Then USCIS runs a lottery system because demand exceeds the annual cap.

The Cap Numbers:

• Regular cap: 65,000 visas
• Master’s cap: 20,000 additional visas
• Total: 85,000 H-1B visas available annually
• 2024 registrations: Over 780,000 submitted
• Selection rate: Approximately 26 percent

That means if you sponsor an employee, theres a 74% chance they won’t be selected in the lottery. And if they dont get selected, you cant hire them. They cant start working. You wasted months of preparation and thousands in legal fees for nothing. What do you do then? You can: 1. Try again next year (another lottery, another 26% chance) 2. Explore alternative visas (O-1, L-1, TN, E-2) 3. Hire a U.S. worker instead 4. Move the position to a cap-exempt employer (university, nonprofit, government research) Nobody talks about this failure rate. Other attorneys make sponsorship sound guaranteed. Its not. The majority of petitions don’t get selected, and employers need backup plans.

Processing Timelines (The Truth About How Long This Takes)

H-1B Timeline Without Premium Processing:

• Month 1-2: Attorney consultation, document gathering, case assessment
• Month 3: H-1B registration (March 1-20 registration period)
• Month 4: Lottery results (late March/early April)
• Month 5-6: Petition preparation if selected
• Month 6-12: USCIS processing (current processing time: 4-8 months)
• Month 12+: Approval or RFE response

H-1B Timeline WITH Premium Processing ($2,805):

• Months 1-6: Same as above
• 15 calendar days: USCIS decision after premium filing

Green Card Timeline (PERM to Green Card):

• PERM advertising: 6-9 months
• PERM processing: 8-12 months
• I-140 processing: 4-8 months (15 days with premium)
• Priority date wait: 0-10+ years depending on country
• I-485 processing: 12-24 months

Total timeline: For employees from countries without backlogs (most countries except India and China), expect 3-5 years from H-1B to green card. For Indian nationals in EB-2/EB-3 categories, current wait times exceed 10 years. For Chinese nationals, expect 3-5 years. Your employee waits in limbo. They cant change jobs easily. They cant start a business. Their spouse might not be able to work (H-4 dependent work authorization only applies to certain H-1B holders). Their children might age out at 21, losing eligibility for dependent status. And if you lay them off during this process? They have 60 days to find new sponsorship or leave the country. A decade of waiting, thousands in fees, years of their life—gone because your company had a bad quarter.

Suffolk County Prevailing Wage Requirements

The Department of Labor requires employers to pay H-1B workers the prevailing wage for their occupation in the geographic area. Suffolk County prevailing wages was determined by DOL wage surveys and vary by position and experience level.

Wage Level System:

• Level 1: Entry level (17th percentile) – Lowest wages
• Level 2: Qualified (34th percentile)
• Level 3: Experienced (50th percentile)
• Level 4: Fully competent (67th percentile) – Highest wages

Example Suffolk County Prevailing Wages (2024):

• Software Developer (Level 2): $95,000 to $115,000
• Registered Nurse (Level 2): $82,000 to $98,000
• Mechanical Engineer (Level 2): $88,000 to $105,000
• Marketing Manager (Level 3): $98,000 to $125,000
• Chef (Level 1): $45,000 to $55,000

If your company cant pay the prevailing wage, you cant sponsor the employee. USCIS will deny your petition. And if you promise the prevailing wage but actually pay less, thats an LCA violation with penalties ranging from $1,000 to $35,000 per violation, plus potential debarment from the H-1B program. We seen Suffolk County restaurants try to sponsor chefs at $35,000 salaries when the prevailing wage is $48,000. Application denied. We’ve seen small medical practices offer foreign doctors $120,000 when the prevailing wage for their specialty is $180,000. Denied. Your first question shouldnt be “Can we sponsor?” but “Can we afford the required salary?”

Specialty Occupation Requirement (Why Many Jobs Dont Qualify)

H-1B visas require a “specialty occupation”—a position that requires a bachelor’s degree or higher in a specific field. According to USCIS regulations, the job must meet at least one of these criteria:

• Bachelor’s degree or higher is normally required for the position
• Degree requirement is common to the industry
• Employer normally requires a degree for the position
• Nature of duties is so specialized that it requires knowledge usually associated with a bachelor’s degree

Jobs That Usually Qualify:

• Software Engineers
• Registered Nurses
• Physical Therapists
• Accountants
• Engineers (all types)
• College Professors
• Doctors/Physicians
• Financial Analysts

Jobs That Often Get Denied:

• Restaurant Managers: USCIS says management doesn’t require a specific degree
• Marketing Coordinators: Too general, not specialized enough
• Sales Representatives: No specific degree requirement
• Administrative Assistants: Clearly don’t require bachelor’s degree
• Retail Managers: Industry standard doesn’t require degrees

Suffolk County has many small businesses in hospitality, retail, and service industries. Most of these positions dont qualify for H-1B sponsorship. If you run a restaurant in Patchogue and want to sponsor your manager, USCIS will probably deny it unless you can prove your specific business requires a bachelor’s degree for management.

The Request for Evidence (RFE) Problem

USCIS issues RFEs (Requests for Evidence) when they need more information or question your petition. Current H-1B RFE rates exceed 60 percent for certain occupations. That means more than half of H-1B petitions get challenged.

Common RFE Issues:

• Specialty Occupation: USCIS doesn’t believe the job requires a bachelor’s degree
• Employer-Employee Relationship: Questions about who supervises the worker
• Beneficiary Qualifications: Degree doesn’t match job requirements
• Wage Level: Offered salary doesn’t meet prevailing wage
• Job Availability: Questions whether the work actually exists

When you get an RFE, you have 30 to 90 days to respond with detailed evidence. This requires: – Expert opinion letters ($2,000-$5,000) – Additional company documentation – Revised job descriptions – Wage analysis – Attorney time to prepare response ($3,000-$8,000) And theres no guarantee USCIS will approve after your RFE response. They might deny anyway. Then you’ve spent the extra money for nothing, and your employee still cant work.

What Happens When Your Sponsored Employee Loses Their Job

Your H-1B employee gets laid off. Or they quit. Or you terminate them for performance issues. What happens to their visa status? They have a 60-day grace period to: 1. Find new H-1B sponsorship (new employer files H-1B transfer) 2. Change to different visa status (F-1 student, B-2 visitor) 3. Leave the United States If they dont do one of these three things within 60 days, they’re unlawfully present. Unlawful presence triggers bars to reentry: – More than 180 days unlawful presence: 3-year bar – More than 1 year unlawful presence: 10-year bar Most foreign workers panic when they lose their jobs. They dont understand the 60-day rule. They think they can stay and look for work. By the time they realize they needed to leave, they’ve already accumulated unlawful presence. And if you’re the employer who terminates them, you have obligations too: – Must offer to pay reasonable return transportation costs – Must notify USCIS of termination – Must withdraw the approved petition – Cannot require employee to pay back H-1B costs as condition of continued employment Violating these employer obligations can result in: – Fines of $1,000 to $35,000 per violation – Debarment from H-1B program – DOL investigations – Civil penalties

Green Card Process for Suffolk County Employers

Sponsoring an employee for a green card requires PERM Labor Certification—proof that no qualified U.S. workers are available for the position. This process is expensive, time-consuming, and full of traps.

PERM Steps:

1. Prevailing Wage Determination: Request DOL wage for position (3-6 months)
2. Recruitment: Advertise position with specific requirements (60-180 days)
3. Good Faith Recruitment: Actually review U.S. applicants and document why each is unqualified
4. File ETA 9089: Submit PERM application to DOL
5. DOL Review: Wait 6-12 months for approval or audit
6. I-140 Petition: File immigrant petition with USCIS after PERM approval
7. Wait for Priority Date: Could be immediate or 10+ years depending on country
8. I-485 Filing: Adjust status to permanent resident when priority date is current

PERM Advertising Requirements:

• Two Sunday newspaper ads in major circulation paper
• 30-day job order with State Workforce Agency
• Three additional recruitment steps from DOL list (job fairs, campus recruitment, employee referral programs, etc.)
• Detailed documentation of all recruitment efforts
• Written explanation for why each U.S. applicant was rejected

Cost breakdown: – Newspaper ads in Suffolk County: $1,500-$3,000 – Online job postings: $800-$1,500 – Attorney fees for PERM: $8,000-$20,000 – DOL prevailing wage request: Included in attorney fees – Audit response if selected: $5,000-$15,000 additional

Common PERM Denial Reasons:

• Job requirements too specific: Tailored to foreign worker instead of legitimate business needs
• Inadequate recruitment: Didnt follow all DOL procedures
• Improper rejection of U.S. workers: Reasons for rejection don’t hold up under scrutiny
• Wage issues: Offered wage below prevailing wage
• Documentation problems: Missing required recruitment records

We had a Suffolk County medical practice get their PERM denied because they required “5 years experience with Epic EMR system” when Epic had only been used in healthcare for 7 years. DOL said the requirement was too restrictive and clearly designed to exclude U.S. workers. Application denied. $15,000 in legal fees and advertising costs wasted. Had to start over with broader job requirements.

Alternative Visa Options for Suffolk County Employers

O-1 Visa (Extraordinary Ability)

Advantages: – No annual cap or lottery – No prevailing wage requirement – Faster processing available – Can work for multiple employers – 3-year initial validity, unlimited extensions Disadvantages: – Must prove extraordinary ability (high standard) – Requires extensive documentation – Attorney fees $8,000-$20,000 – Not suitable for entry-level positions Who qualifies: Scientists, artists, business executives, athletes, entertainers, educators with national or international recognition

TN Visa (Canadian and Mexican NAFTA Professionals)

Advantages: – No cap or lottery – Can apply at border/consulate (no USCIS petition needed) – Lower cost ($1,500-$4,000 total) – Quick approval (often same-day at border) Disadvantages: – Only for Canadian and Mexican citizens – Limited to specific professional occupations – No direct path to green card – Must maintain foreign residence Common TN occupations: Engineers, scientists, accountants, management consultants, teachers, computer systems analysts

L-1 Visa (Intracompany Transfer)

Advantages: – No wage requirements beyond actual salary – Can lead to EB-1 green card (no PERM required) – Spouse can work (L-2 EAD) – 5-7 year maximum stay Disadvantages: – Requires parent/subsidiary/affiliate relationship – Employee must have worked abroad for 1 continuous year – Only for managers, executives, or specialized knowledge employees – Difficult for small businesses without international presence

E-2 Investor Visa

Advantages: – No cap – Can own and operate business – Spouse can work – Unlimited renewals Disadvantages: – Requires substantial investment ($100,000+ typical) – Must be from treaty country – No direct green card path – Business must be operational and profitable

Suffolk County Industry-Specific Immigration Issues

Healthcare (Hospitals, Nursing Homes, Medical Practices)

Suffolk County healthcare facilities face critical staffing shortages. Foreign nurses, physical therapists, and physicians help fill gaps. But immigration challenges include:

• Nursing: H-1B requires bachelor’s degree (BSN), but many foreign nurses have associate degrees or diplomas. Must pursue EB-3 green card directly or obtain U.S. BSN first.
• Physical Therapy: Requires U.S. license before H-1B petition. Foreign credentials often dont transfer, requiring additional U.S. education.
• Physicians: Must complete U.S. residency (J-1 visa) before H-1B. Subject to 2-year home residency requirement unless waived.

Technology (Software Companies, IT Consultants)

Hauppauge and surrounding areas have growing tech sector. Common issues:

• Consulting arrangements: USCIS scrutinizes third-party placements heavily. Must prove employer-employee relationship.
• Remote work: LCA must be filed for actual work location, not corporate headquarters.
• Startup companies: USCIS questions ability to pay salary. Need strong financial documentation.

Restaurants and Hospitality

Riverhead, Montauk, and Hampton areas rely on hospitality workers. Immigration reality:

• Most positions dont qualify for H-1B: Cooks, servers, hosts dont require bachelor’s degrees.
• Chef sponsorship: Possible but requires specialized culinary degree and high-end restaurant. Fast casual and family restaurants usually denied.
• Seasonal H-2B: Better option for temporary seasonal needs, but complex process and limited availability.

Construction and Skilled Trades

Long Island construction boom creates demand for skilled workers. Immigration challenges:

• Most trades dont qualify for H-1B: Carpenters, electricians, plumbers typically dont meet specialty occupation test.
• Supervisory positions: Construction supervisors might qualify if position requires engineering or architecture degree.
• Limited visa options: Very difficult to sponsor skilled trades workers through employment immigration.

Actually let me clarify something critical about Suffolk County employment immigration. The reality is most small businesses cant sponsor foreign workers through traditional employment visas because their positions dont meet the specialty occupation requirement or they cant afford the prevailing wage. This creates a situation where only large corporations, healthcare facilities, and tech companies can effectively use the H-1B system while small businesses that actually need workers the most are shut out of legal immigration pathways.

Common Mistakes Suffolk County Employers Make

1. Starting the Process Too Late

Employer finds perfect candidate in January. Wants them to start in March. Impossible. H-1B registration is in March for October start dates. Even cap-exempt petitions take 4-8 months processing. Plan at least 6-12 months ahead.

2. Misclassifying Job Requirements

Employer inflates job requirements to make position sound more specialized. Lists requirements the current employee doesn’t actually have. USCIS will catch this. They compare job description to actual duties and employee qualifications. Inconsistencies = denial.

3. Paying Below Prevailing Wage

Employer offers foreign worker $65,000 when prevailing wage is $85,000. Files petition anyway hoping USCIS wont notice. They always notice. Petition denied, money wasted, potential debarment from H-1B program.

4. Ignoring LCA Posting Requirements

Must post notice of H-1B filing at workplace for 10 consecutive business days. Many employers skip this or dont document it properly. DOL can audit years later. Penalties up to $35,000 per violation.

5. Hiring “Immigration Consultants” Instead of Attorneys

Non-lawyers cant provide legal advice or represent clients before USCIS. But many offer cheap H-1B services. When petition gets denied, they disappear. You lose your money and your employee. Only attorneys have malpractice insurance and ethical obligations.

6. Terminating Employee Without Understanding Consequences

Lay off H-1B employee without offering return transportation costs. Violation of H-1B regulations. Fail to notify USCIS of termination. Another violation. Try to make employee pay back H-1B costs. Illegal.

7. Filing DIY Petitions

Online forms look simple. Employer thinks they can save attorney fees by filing themselves. Gets RFE they dont understand. Responds incorrectly. Petition denied. Now must hire attorney to appeal, costing more than hiring attorney initially would have.

Why You Need an Immigration Attorney Who Understands Suffolk County

Generic immigration attorneys treat every case the same. File same forms, use same arguments, get same results. They dont understand:

• Suffolk County wage levels differ from Manhattan
• Local industries have specific challenges
• Small businesses need different strategies than corporations
• Long Island employers face unique recruitment issues

We know Suffolk County. We understand: – Which positions local employers actually need – What prevailing wages look like for Long Island – How to position small business petitions for approval – Industry-specific immigration strategies – Alternative visa options when H-1B doesnt work When a Riverhead restaurant owner asks if they can sponsor a chef, we dont just say “yes” and take their money. We analyze: – Is the position truly specialized enough? – Can they meet prevailing wage? – What’s the likelihood of approval based on restaurant type? – Would O-1 visa work better? – Are there alternatives to employment sponsorship? Honest assessment saves money. If your case has low approval chances, we tell you upfront. We dont take cases we cant win just to collect fees.

The Family Impact Nobody Discusses

H-4 Dependent Visa Issues

Your H-1B employee’s spouse gets H-4 status. But:

• Most H-4 spouses cannot work
• Only H-4 spouses of H-1B holders with approved I-140 can apply for work authorization
• Processing time for H-4 EAD: 6-12 months
• Must renew H-4 EAD every 2 years at $410 per renewal

This means your employee’s family might depend on single income for years. In Suffolk County where cost of living is high, this creates financial stress.

Children Aging Out

Foreign children maintain dependent status only until age 21. If green card process takes 10+ years (common for Indian nationals), children might:

• Age out before getting permanent residence
• Have to self-petition or find sponsorship
• Face deportation if they cant find their own visa status

Families get torn apart because visa backlogs last longer than childhood. Parent gets green card at age 50, but their child aged out at 21 and had to leave the country years earlier.

What Happens During USCIS Processing

While your petition sits at USCIS for months:

Employee Cannot:

• Start working (if initial H-1B)
• Change employers easily (H-1B transfer requires new petition)
• Start business or self-employment
• Travel internationally without risk (consulate might deny visa to return)
• Make long-term plans (approval uncertain)

Employer Cannot:

• Guarantee start date to employee
• Change job duties or work location without amendment
• Reduce salary below offered amount
• Terminate employee during green card process without consequences

Both Parties Face:

• Uncertainty: No way to predict exact approval timeline
• Stress: Immigration status affects every life decision
• Financial burden: Costs accumulating while waiting
• Risk: Denial possible despite best preparation

When Your Petition Gets Denied

USCIS denies your H-1B petition. Now what?

Options:

1. File Motion to Reopen: If USCIS made factual error ($675 fee, 30 days to file)
2. File Motion to Reconsider: If USCIS made legal error ($675 fee, 30 days to file)
3. Refile with corrections: Address denial reasons and submit new petition
4. Pursue alternative visa: O-1, L-1, TN, or other options
5. Accept defeat: Employee must leave or find different sponsorship

Success rates for motions: Less than 10 percent. Most denials are upheld. If USCIS denied your petition, they usually had valid reasons. Motions work only when USCIS clearly made a mistake or you have significant new evidence. Refiling: More effective than motions if you can address the denial reasons. But this means: – Starting process over from beginning – Paying all fees again – Waiting for new lottery selection (if H-1B cap-subject) – Another 6-12 months processing time – No guarantee of approval