How to Build an Immigration Program for Companies Hiring Their First Foreign National

‍Building an immigration program is one of the most consequential compliance decisions a growing company will make. For employers hiring their first foreign national, the process involves far more than filing a single petition: it requires compliance infrastructure, visa strategy, budget planning, and ongoing regulatory awareness. This guide walks employers and HR teams through each phase of building a program from scratch, incorporating the 2025-2026 policy changes that have reshaped employer-sponsored immigration, including the new wage-weighted H-1B lottery, a $100,000 supplemental filing fee for certain H-1B petitions requiring entry from abroad under Presidential Proclamation 10973, intensified H-1B program compliance enforcement under Project Firewall, and significant USCIS fee increases.

Key Takeaways

• Companies typically need to establish compliance infrastructure before filing any petition, including a Federal Employer Identification Number (EIN), I-9 processes, E-Verify enrollment (mandatory in some form in at least nine states, though thresholds and requirements vary), and a Public Access File system for H-1B workers
• The H-1B cap lottery now uses wage-weighted selection for FY 2027, giving Level IV positions approximately 4x the estimated selection probability of Level I positions, fundamentally disadvantaging entry-level sponsorships
• A new $100,000 supplemental fee applies to certain H-1B petitions requiring entry from abroad (not change-of-status in most circumstances), set to expire September 21, 2026 unless extended
• PERM labor certification currently averages 16-17 months for DOL processing alone, per DOL data as of early March 2026, making early green card planning essential
• Total employer cost per employee from H-1B through green card can range from $15,000 to $40,000+, excluding the $100,000 Proclamation fee where applicable, with employers legally required to pay most government and PERM-related fees
• First-time sponsors may face heightened USCIS scrutiny, including more frequent Requests for Evidence (RFEs) on ability to pay, unannounced FDNS site visits, and compliance audits under Project Firewall

Building Your Immigration Program: Complete Breakdown From Setup to Green Card

The full lifecycle from program setup through permanent residency typically spans 3-6 years depending on the visa pathway, country of birth, and processing choices.

Phase 1: Establishing Your Compliance Foundation

Before filing any petition, employers generally need specific compliance infrastructure in place. USCIS, DOL, and ICE all evaluate whether the company operates as a legitimate employer with proper systems, and gaps here are a common reason first-time sponsors face delays or denials.

What employers typically need before sponsoring anyone:

• Federal Employer Identification Number (EIN): This nine-digit number appears on virtually every immigration form, from the Labor Condition Application (ETA-9035) to the I-129 petition. Most companies already have one for tax purposes, but founders launching new entities will need to secure theirs from the IRS before beginning any immigration process.
• I-9 compliance system: Every U.S. employer is required to complete Form I-9 for every hire, not just sponsored foreign nationals. Employees complete Section 1 by their first day of work, and employers verify documents and complete Section 2 within 3 business days of hire. I-9s are retained for 3 years after the hire date or 1 year after termination, whichever is later.
• E-Verify enrollment: While technically voluntary at the federal level for most private employers, E-Verify unlocks the DHS-authorized alternative procedure for remote I-9 document examination. Without it, employers must physically inspect original identity and employment authorization documents in person. At least nine states mandate some form of E-Verify enrollment, though thresholds and implementation vary: Alabama, Arizona, Mississippi, and South Carolina require it for all employers; Georgia for employers with 11 or more employees; Florida and North Carolina for companies with 25 or more employees; Tennessee for private employers with 35 or more employees; and Utah for employers with 150 or more employees. Some states operate hybrid or conditional mandates, so employers should verify the specific requirements in each state where they operate.
• Public Access File (PAF) system: Any employer filing H-1B, H-1B1, or E-3 petitions is required to create and maintain a PAF containing the certified LCA, prevailing wage documentation, the actual wage memo, and evidence of worksite posting. Per 20 CFR 655.760, the PAF is established within one working day of filing the LCA with DOL and remains continuously available for public inspection thereafter.
• Written immigration policy: A clear internal policy covering which visa types the company supports, fee payment responsibilities, green card eligibility criteria, and termination procedures helps protect both the employer and the employee.

Common first-time sponsor mistakes: Filing without establishing I-9 processes for all employees; failing to maintain Public Access Files; not posting LCAs at the worksite; underpaying H-1B workers during non-productive time (benching); not filing amended petitions when material changes occur such as worksite relocations or significant duty changes; including PERM costs in employee repayment agreements.

Best practices: Designating an immigration compliance point person before filing; enrolling in E-Verify for remote document verification capability; creating a PAF template and filing system; setting up payroll tracking for prevailing wage compliance; building a deadline tracking system for I-94 expirations, visa stamps, and EAD renewals; retaining experienced immigration counsel before the first case.

Phase 2: Choosing the Right Visa Strategy

The visa selected for a first foreign national hire shapes the company's timeline, costs, and compliance obligations for years. Each category carries different employer requirements, and the choice depends on the employee's qualifications, nationality, and the company's long-term retention plans.

H-1B (specialty occupation): The most common employer-sponsored work visa, available for positions requiring at least a bachelor's degree in a specific field. The annual cap is 65,000 visas plus 20,000 for U.S. advanced degree holders. Requires a certified Labor Condition Application from the DOL, attesting the worker will be paid at least the prevailing wage and that working conditions will not adversely affect U.S. workers. The LCA is posted at the worksite for 10 consecutive calendar days. Valid for up to 3 years, extendable to 6 years, with extensions beyond 6 years available under certain green card filing conditions.

O-1 (extraordinary ability): Increasingly attractive because it has no annual cap, no lottery, and no LCA requirement. The employer files an I-129 petition with evidence of the beneficiary's extraordinary ability and obtains an advisory opinion from a relevant peer group or labor organization. Attorney fees tend to be higher due to evidence-intensive preparation, but the absence of lottery risk makes O-1 a notable alternative for accomplished hires.

L-1 (intracompany transferee): Enables companies to transfer employees from foreign offices. L-1A covers executives and managers (up to 7 years); L-1B covers specialized knowledge workers (up to 5 years). The beneficiary must have worked for the company abroad for 1 continuous year within the preceding 3 years. No LCA or ACWIA fee is required, though the $500 fraud prevention fee applies. Employers with 50 or more employees where more than 50% are in H-1B or L status may also owe an additional $4,500 fee under Pub. L. 114-113.

TN (USMCA professionals): A streamlined path for citizens of Canada and Mexico in designated professional occupations. Canadians can apply directly at a port of entry with an employer support letter; no I-129 petition is required for initial admission. No annual cap, no LCA, and no ACWIA or fraud fee. Valid for up to 3 years, renewable indefinitely, though prolonged stays may invite scrutiny regarding nonimmigrant intent.

E-3 (Australian specialty workers): Mirrors the H-1B in many respects but is exclusively for Australian nationals, with a separate allocation of 10,500 visas that rarely fills. Requires a certified LCA but no ACWIA or fraud fee.

Build Your Immigration Program in Weeks, Not Months, with Alma

Alma's business immigration platform provides employers with a dedicated attorney, real-time case tracking dashboards, automated compliance monitoring, and AI-powered document automation. For startup employers filing their first petition, Alma offers transparent, flat-fee pricing that includes RFE responses, paralegal support, and platform access. Growth and Enterprise clients receive HRIS integrations, dedicated account management, bi-weekly status calls, and white-glove vendor migration.

Phase 3: Filing Your First Petition and Managing USCIS Processing

Once the visa strategy is set, the filing process requires precise coordination between the employer, the employee, legal counsel, and government agencies. Understanding the fee structure, timelines, and employer obligations at each step helps prevent costly errors.

Government filing fees for H-1B (standard employer with 26+ full-time employees, as of March 2026):

For standard employers (26+ FTEs), mandatory government fees total approximately $3,595, consisting of the H-1B electronic registration fee ($215 per beneficiary), the I-129 base filing fee ($780), the ACWIA training fee ($1,500), the fraud prevention fee ($500), and the Asylum Program Fee ($600). Small employers (25 or fewer FTEs) pay reduced rates: $460 for the I-129, $750 for ACWIA, and $300 for the Asylum Program Fee, totaling approximately $2,225 in mandatory government fees. Qualifying nonprofit organizations pay reduced I-129 and ACWIA fees at the small-employer rates and are exempt from the Asylum Program Fee ($0), totaling approximately $1,925. Premium processing (optional, 15 business days) costs $2,965 as of March 1, 2026 (increased from $2,805 via the biennial CPI-U inflation adjustment authorized under the USCIS Stabilization Act). The $100,000 Proclamation fee applies only to certain petitions requiring entry from abroad, through September 21, 2026.

What the employer pays vs. what can be shared: The employer is required to pay and cannot pass to the employee: the I-129 base filing fee, ACWIA training fee, fraud prevention fee, Asylum Program Fee, H-1B registration fee, and all PERM-related costs. Premium processing may be shared if the employee requests it for personal benefit and it does not reduce compensation below required wage levels. I-140 and I-485 fees can be employee-paid or subject to repayment agreements, though PERM costs are not permitted in any clawback arrangement.

Processing time factors: The USCIS Processing Times tool provides current I-129 estimates. Processing times are presented uniformly and no longer vary by service center location. Premium processing guarantees a response (approval, denial, RFE, or NOID) within 15 business days for most nonimmigrant petitions. Standard processing can extend several months. RFEs pause the premium processing clock, with a new window starting when USCIS receives the response.

The H-1B Lottery in 2026: Wage-Weighted Selection Changes Everything

The H-1B selection process has undergone two major changes. In FY 2025, USCIS implemented beneficiary-centric selection, ensuring each individual receives only one chance regardless of how many employers register them. For FY 2027 (the lottery cycle that closed March 19, 2026), DHS replaced the random lottery with a wage-level-weighted selection system. Registrations are now weighted based on the DOL's four-tier prevailing wage structure: Level IV positions receive 4 entries, Level III receives 3, Level II receives 2, and Level I receives 1.

This fundamentally favors higher-paying positions and disadvantages entry-level sponsorships. For first-time sponsors, particularly startups and early-stage companies, the H-1B may not be a reliable pathway for junior hires at Level I wages. DHS modeling in the final rule at 90 FR 60864 projected an estimated approximately 15% selection probability for Level I versus approximately 61% for Level IV, though actual outcomes may vary based on registration volumes and employer behavioral changes. Modeling wage scenarios before registration, considering alternative visa categories like O-1 or TN where eligible, and ensuring the SOC code, wage level, and area of employment match between registration and petition exactly are all important considerations.

The FY 2027 registration period opened March 4, 2026, with a registration fee of $215 per beneficiary.

Note: The $100,000 supplemental filing fee under Presidential Proclamation 10973 applies to new H-1B petitions that require the beneficiary to enter from abroad, including consular processing, port-of-entry admission, and pre-flight inspection. It generally does not apply to change-of-status petitions (including employer portability), extensions, or amendments where the beneficiary is in the U.S. in valid nonimmigrant status and consular notification is not requested. However, USCIS has clarified that these petition types can trigger the fee if the beneficiary is not in valid status at filing, departs the U.S. before adjudication, or if the petition requests consular or port-of-entry notification. Some practitioners have raised the concern that if a change-of-status request is denied, the fee could apply retroactively, although USCIS has not confirmed this interpretation as of March 2026. The proclamation is set to expire September 21, 2026 unless extended. Multiple legal challenges remain pending.

PERM Labor Certification: Planning the Green Card Pathway Early

The PERM (Program Electronic Review Management) labor certification is the first step in the most common employment-based green card pathway (EB-2 and EB-3). It requires the employer to test the labor market and demonstrate that no qualified, willing, and available U.S. worker exists for the position. The entire process is employer-driven and employer-funded.

Current processing times (as of early March 2026): PERM applications filed in October-November 2024 are now under analyst review, reflecting processing times of approximately 16-17 months. Prevailing Wage Determinations from the National Prevailing Wage Center are processing requests filed in December 2025, approximately a 3-4 month turnaround. Audit cases add an estimated 3-12 months based on current DOL queue data and case complexity, and approximately 25-30% of PERM applications are selected for audit. The full end-to-end timeline from prevailing wage request through PERM certification currently averages approximately 22-25 months for non-audited cases, and longer when an audit is triggered.

Employer recruitment obligations include: a job order with the State Workforce Agency for at least 30 consecutive days, two Sunday newspaper advertisements, and an internal Notice of Filing posting for 10 consecutive business days. Professional occupations additionally require 3 of 10 specified recruitment methods per 20 CFR 656.17(e)(1)(ii), including the employer's website, third-party job search sites, campus recruitment, job fairs, or professional journals. All recruitment falls within a 30-180 day window before filing. A minimum 30-day waiting period (commonly called the "quiet period" by practitioners, though the term does not appear in the regulation) after the last mandatory recruitment step is required before the application can be filed, though certain additional professional recruitment activities may occur within that window.

All PERM costs are required to be paid by the employer. This includes advertising, recruitment expenses, and attorney fees. Even if the employee voluntarily offers to reimburse, the employer cannot accept. PERM records are retained for 5 years from the filing date per 20 CFR 656.10(f).

PERM planning and H-1B extensions: PERM planning generally begins at least 2.5-3 years before an employee's H-1B six-year maximum to allow time for extensions while the green card process is pending. Under AC21 §106(a), employees whose PERM labor certification application or I-140 petition has been pending for 365 or more days may be eligible for 1-year H-1B extensions beyond the 6-year limit. Under AC21 §104(c), those whose I-140 has been approved but whose priority date is not yet current may be eligible for 3-year extensions.

After PERM certification, the employer files Form I-140 with USCIS. Government fees for the I-140 total $1,315 for standard employers ($715 base plus $600 Asylum Program Fee), $1,015 for small employers ($715 base plus $300), or $715 for qualifying nonprofits (exempt from the Asylum Program Fee). Premium processing is available at $2,965 (as of March 1, 2026): the adjudication window is 15 business days for EB-1A, EB-1B, EB-2, and EB-3 classifications, with a 45-business-day window for EB-1C multinational executive/manager and EB-2 NIW classifications specifically. The employee then proceeds to Adjustment of Status (I-485) or consular processing. For countries without significant visa backlogs, this step may add approximately 8-24 months once the priority date is current per the monthly visa bulletin. For India and China EB-2 and EB-3 applicants, the wait for priority date currency alone can span years to decades.

Read: Understanding PERM processing timelines for detailed breakdowns and current DOL data.

Why Startups and Small Companies May Face Extra Scrutiny

First-time sponsors, especially startups, may face disproportionate USCIS scrutiny. Several areas tend to draw particular attention.

Ability to pay the proffered wage is a frequent RFE trigger for small employers. USCIS may question whether a company with limited revenue can sustain the offered salary. The three primary evidence methods are federal income tax returns (showing net income sufficient to cover the salary), audited financial statements, and annual reports. Startups can supplement these with bank statements, client contracts, investor documentation (VC term sheets, funding commitments), and payroll records. The key principle: the company does not need to be profitable; it needs demonstrable cash flow or capital sufficient to pay the wage.

FDNS site visits have intensified under the 2025-2026 enforcement climate. These unannounced inspections verify that the company exists at the listed address, the foreign national works there, and the position matches the petition. Refusal to cooperate can result in denial or revocation. Physical office setups generally need to match petition descriptions (virtual offices and P.O. boxes are typically insufficient for most visa types), copies of all petitions and approval notices should remain accessible, and sponsored employees should be prepared to accurately describe their job title, duties, and salary.

H-1B program compliance enforcement under Project Firewall (launched September 2025) coordinates investigations across DOL, DOJ, EEOC, and USCIS targeting wage misclassification, LCA violations, and U.S. worker displacement. ICE worksite enforcement has also expanded substantially. Maintaining proper records, paying at or above the prevailing wage, and ensuring LCA accuracy are operational necessities.

Why Choose Alma for Your First Immigration Program?

Read success stories from Alma's business immigration clients including startups, growth companies, and enterprise employers.

Many traditional law firms charge $2,500-$10,000+ per H-1B petition with multi-month preparation timelines, hourly billing surprises, and limited technology for case tracking. Alma's modern immigration platform combines experienced attorneys with technology to deliver a fundamentally different experience for first-time sponsors, backed by an industry-high approval rate.

The Alma difference in practice:

Transparent, flat-fee pricing: Published per-visa pricing with no hidden costs. H-1B Cap/Cap-Exempt at $3,500, O-1 New at $8,000, L-1 Initial/New Office at $6,000, TN New at $3,000, PERM at $8,000. All fees include RFE responses, administrative charges, and platform access. Payment plans available (50/50 split). Volume discounts for companies managing larger foreign national populations, plus preferred rates for portfolio companies of Y Combinator, Techstars, Pear VC, and others.

Technology-enabled efficiency: Real-time case tracking dashboards, automated compliance monitoring with proactive deadline alerts, AI-powered document automation, and an employee portal for secure document upload. Cost projections factor in legal fees, USCIS fees, and premium processing. Payments handled through Stripe with ACH or credit card.

Scalable service tiers: Startup (1-25 foreign nationals) with standard pricing; Growth (26-250) with custom pricing, HRIS integrations (Workday, BambooHR, ADP, Rippling), and dedicated account management; Enterprise (250+) with full compliance infrastructure. Growth and Enterprise clients receive bi-weekly status calls with their lead attorney and immigration manager, white-glove migration from existing vendors, and one free refile in case of initial denial or comprehensive RFE.

Quality and access:

• Dedicated attorney assigned per case (not rotating associates) with direct communication
• Included services: Up to 3 free consultation calls per matter, RFE responses at no extra charge
• Transparency: Real-time visibility into case progress from document upload through USCIS decision
• Compliance: Built-in tracking for I-94 expirations, LCA posting dates, PAF requirements, and PERM deadlines

Schedule a consultation to discuss building your company's immigration program with an experienced attorney.

Frequently Asked Questions

What government fees is the employer required to pay for H-1B sponsorship?

The employer is required to pay all H-1B filing fees that cannot legally be passed to the employee: the I-129 base fee ($780 standard / $460 small employer or qualifying nonprofit), ACWIA training fee ($1,500 / $750), fraud prevention fee ($500), Asylum Program Fee ($600 standard / $300 small employer / $0 nonprofit), and the $215 registration fee. Premium processing ($2,965 as of March 1, 2026) may be shared only if the employee requests it for personal benefit and it does not reduce compensation below the required wage. The $100,000 Proclamation fee for certain petitions requiring entry from abroad is also the employer's responsibility. Total mandatory government fees range from approximately $1,925 (qualifying nonprofit) to $2,225 (small employer) to $3,595 (26+ FTEs), excluding premium processing.

How long does it take to sponsor a foreign national employee from start to finish?

For a new H-1B petition, the timeline from registration to work authorization spans approximately 6-8 months: registration in early March, lottery results by late March, filing April 1 through June 30, and an October 1 start date. Premium processing reduces USCIS adjudication to 15 business days. For green card sponsorship via PERM, the complete process from prevailing wage request through I-485 approval typically takes 3-5 years for most countries of birth outside India and China. Indian and Chinese nationals in the EB-2 and EB-3 categories face significantly longer waits, often measured in years to decades, due to per-country visa backlogs. Alternative visas like O-1 and TN can be filed year-round with no lottery, often reaching approval within 1-4 months depending on the category and processing speed selected.

What compliance obligations does the employer have after a visa is approved?

Post-approval obligations are ongoing and enforceable. For H-1B employers: the Public Access File is maintained for public inspection, wages are paid at or above the prevailing wage including during non-productive time (no "benching"), and USCIS is notified of material changes to employment (worksite moves, significant duty changes) via amended petitions. The PAF is retained for 1 year beyond the last date any H-1B worker is employed under the LCA or 1 year from LCA expiration or withdrawal, per 20 CFR 655.760(c). Payroll records related to H-1B workers are retained for 3 years from the date of their creation. All employers maintain accurate I-9 records for every employee and are expected to be prepared for unannounced FDNS site visits. If a sponsored H-1B employee is dismissed before the end of their authorized stay, the employer is required to offer to pay reasonable transportation costs for the employee to return to their home country.

Can a startup with limited revenue successfully sponsor an H-1B worker?

Yes, but preparation is critical. USCIS evaluates ability to pay the proffered wage using tax returns, financial statements, or annual reports. Startups that cannot demonstrate ability to pay through net income alone can prepare supplemental evidence: bank statements showing sufficient cash reserves, signed client contracts, investor documentation (term sheets, capital call letters), payroll records showing the company already pays employees at comparable levels, and a detailed business plan with revenue projections. Working with experienced immigration counsel who understand startup-specific challenges, such as those at Alma, can help reduce the risk of RFEs and denials related to ability to pay.

What are the alternatives if the H-1B lottery is too uncertain for a particular hire?

Several visa categories bypass the H-1B lottery entirely. The O-1A visa has no cap and no lottery for individuals with extraordinary ability in sciences, business, education, or athletics. The TN visa offers a streamlined, cap-exempt path for Canadian and Mexican professionals in designated occupations. The E-3 provides a dedicated allocation for Australian specialty workers that rarely fills. The L-1 enables transfers from foreign offices. Cap-exempt H-1B petitions (available for employees of higher education institutions, nonprofit entities related to or affiliated with such institutions, nonprofit research organizations, and government research entities) also bypass the lottery. For employees who qualify, the EB-2 NIW self-petition green card route eliminates the need for employer-sponsored PERM entirely, removing an estimated 22-25 months from the green card timeline.