What Does an Immigration Lawyer Do?

The core tasks an immigration lawyer handles

An immigration lawyer's primary job is risk identification — spotting the inadmissibility issue, the misrepresentation flag, or the unlawful-presence bar before the government does. Beyond that, they evaluate which visa categories you qualify for, choose the strongest approach, prepare petitions with supporting evidence organized to meet the applicable legal standard, and submit everything to USCIS, the National Visa Center, or the relevant US embassy.

When USCIS issues a Request for Evidence (RFE), the lawyer writes the legal response. When a case goes to an interview — at a USCIS field office or a US consulate — they prepare you and, where permitted, accompany you. When a petition is denied, they file motions to reopen or reconsider, appeals to the Board of Immigration Appeals, or petitions to federal courts.

Employer-side immigration work

Many immigration attorneys work primarily on the employer side, managing H-1B and L-1 petitions, PERM labor certifications, and I-140 immigrant petitions. They advise HR teams on I-9 compliance (employment verification), manage portfolios of international employees, and handle audits. For tech companies with large international workforces, an immigration law firm is essentially a year-round operational partner.

Notarios and consultants: who cannot legally help you

Only two categories of people can legally give immigration advice and represent you: licensed attorneys admitted to a US state bar, and representatives accredited by the Department of Justice through a recognized nonprofit organization. Everyone else — 'notarios,' immigration consultants, filing services, travel agencies — is prohibited from giving legal advice or representing you before USCIS or immigration courts. Using an unlicensed consultant is one of the most common causes of ruined immigration cases.

How to find and vet an immigration lawyer

Verify bar admission through your state bar's online directory. The American Immigration Lawyers Association (AILA) at ailalawyer.com lists member attorneys by geography and practice area — AILA membership requires experience and ethics commitments. Ask specifically how many cases like yours the attorney has handled in the last 12 months and what the outcomes were. A reputable lawyer will give you a written fee agreement before you pay anything.

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