Why strategic companies lawfully compete for international talent, and how immigration compliance protects the U.S. workforce
In an era defined by global competition, demographic shifts, and rapid technological change, access to talent has become one of the most significant constraints on business growth. For U.S. companies operating at scale – or seeking to – talent shortages are no longer hypothetical. They are operational realities.
From artificial intelligence and advanced engineering to hospitality management, entertainment, and multinational operations, many U.S. employers increasingly find that the skills required to compete are not always readily available in the domestic labor market. U.S. business immigration law exists to address precisely this challenge – while simultaneously safeguarding opportunities for U.S. workers.
Michelle Prasad, founder of The Law Office of Michelle Prasad, PLLC, advises companies and high-performing individuals on how to navigate this complex legal framework lawfully, strategically, and in alignment with business objectives. With more than a decade of experience in immigration law, Michelle works with founders, executives, investors, and globally accomplished professionals who understand that talent strategy is business strategy.
The Business Case for Global Talent
Despite persistent misconceptions, U.S. immigration law does not allow employers to bypass American workers. On the contrary, many employment-based immigration pathways – particularly those leading to permanent residence – require employers to prove that no qualified, willing, and available U.S. worker exists for the role at the prevailing wage.
This is most clearly reflected in the PERM labor certification process, a cornerstone of the employment-based green card system.
PERM requires employers to:
- Conduct a good-faith recruitment campaign using methods prescribed by the Department of Labor
- Offer the role at the market-determined prevailing wage
- Document that no qualified U.S. worker applied or accepted the position
- Certify under penalty of law that the hiring of a foreign national will not adversely affect U.S. workers
Only after meeting these requirements may an employer sponsor a foreign professional for permanent residence.
“For many businesses, PERM is not about replacing U.S. workers – it’s about confirming, through a regulated and auditable process, that the domestic labor market cannot meet a very specific business need,” Michelle explains. “In sectors facing acute talent shortages or requiring niche expertise, global recruitment becomes a necessity, not a shortcut.”
Immigration Law as a Growth Infrastructure
U.S. business immigration is not monolithic. It is a system of targeted tools designed to support different stages of business growth, from early expansion to multinational scaling.
Michelle advises clients across a range of immigration pathways, including:
- H-1B visas for specialty occupation professionals in fields such as software engineering, data science, and medical research
- L-1 visas for multinational companies transferring executives, managers, or employees with specialized knowledge
- O-1 visas for individuals of extraordinary ability in business, science, technology, or the arts
- E-2 visas for treaty investors launching or expanding U.S. enterprises
- EB-5 visas for investors contributing capital and job creation to the U.S. economy
Each category carries distinct legal standards, evidentiary burdens, and compliance risks. For companies, missteps can mean delays, denials, or long-term exposure. For individuals, they can derail careers built over decades.
Michelle’s role, she notes, is not simply to “file applications,” but to align immigration strategy with business reality.
A Global Perspective, Grounded in Compliance
Michelle’s professional background reflects the international nature of the clients she serves. An immigrant from Canada, she brings firsthand understanding of the personal and professional stakes involved in cross-border mobility. Before founding her firm, she co-owned The Northern Virginia Immigration Law Firm for eight years, advising businesses and individuals across a wide range of industries.
Her experience includes work with a Justice at the Indiana Supreme Court, as well as legal roles in Shanghai and Cambodia, where she handled human rights and business litigation matters. That exposure to multiple legal systems informs her approach today: meticulous compliance paired with strategic foresight.
“In business immigration, credibility matters,” Michelle says. “Regulators expect precision, documentation, and transparency. Companies that treat immigration as a check-the-box exercise expose themselves to unnecessary risk.”
Immigration Strategy for Executives and Exceptional Individuals
Beyond corporate clients, Michelle works closely with founders, executives, investors, and exceptionally talented individuals whose careers transcend borders. For these clients, immigration is often not just about authorization to work, it is about long-term positioning, optionality, and stability.
Whether advising a founder relocating to scale a U.S. venture, an executive transferred to lead operations, or an individual of extraordinary ability seeking permanent residence, Michelle emphasizes foresight and structure.
“Immigration decisions compound over time,” she notes. “The right strategy early on can preserve flexibility, protect the business, and support growth years down the line.”
A Lawful Path Forward in a Competitive World
As global competition intensifies, U.S. companies will continue to compete not only on capital and innovation, but on their ability to attract and retain talent. The U.S. immigration system – when used properly – supports this goal while maintaining rigorous protections for the domestic workforce.
Michelle Prasad’s practice operates at that intersection: where compliance meets competitiveness, and where law serves as infrastructure for growth.
For business leaders and globally accomplished professionals navigating these decisions, the message is clear: hiring foreign talent is not about avoiding U.S. workers – it is about meeting legitimate business needs within a system designed to balance opportunity, fairness, and economic strength.
Visit mprasadlaw.com to schedule a consultation and begin your immigration journey today.
