Who Really Represents You? Understanding the Difference Between Company Immigration Counsel and Individual Advocacy
If you are a foreign national sponsored by a U.S. employer for a visa or green card, you may assume the immigration lawyer handling your case is “your” attorney. But that’s not always the case. In many situations, the attorney communicating with you is actually company immigration counsel, meaning their client is your employer, not you.
At Sharma Law Associates, our New York immigration attorneys frequently work with individuals who are navigating this distinction. Understanding who truly represents your interests is essential, especially when your future, family’s well-being, and your legal status are at stake.
What Is Company Immigration Counsel?
An employer typically retains company immigration counsel to manage the immigration processes of its workforce, most often for H-1B, L-1, O-1, or employment-based green card sponsorships. These attorneys prepare petitions, ensure corporate compliance, and help HR departments align with immigration regulations.
While they may communicate directly with you to gather documents or coordinate filings, their primary duty is to the employer, not to you as the beneficiary.
Why This Matters for Foreign Nationals
The attorney’s ethical obligation lies with the employer.
This means:
· They are not required to explain your complete immigration options.
· They may share information with your employer that you assumed was confidential.
· They cannot give you legal advice that may conflict with the employer’s interests.
· They cannot advocate on your behalf if a dispute arises between you and the company.
For example, if your job is terminated or your company decides not to proceed with green card sponsorship, the company’s attorney might not be able to help you explore independent options like a change of status or self-sponsored visa.
What Is Individual Immigration Representation?
When you hire an immigration attorney, like those at Sharma Law Associates, you gain a loyal advocate.
That means we can:
· Explain all your legal options—not just the path your employer supports.
· Help you plan for long-term immigration goals, including family petitions or naturalization.
· Assist in case of sudden job loss or changes in sponsorship.
· Represent you independently in case of employer misconduct or disagreement.
This one-on-one representation is significant when tight timelines are involved, immigration statuses are at risk, or family members are involved.
When Should You Hire Your Own Immigration Attorney?
You should strongly consider retaining your immigration counsel if:
· You’re unclear about your long-term immigration plan.
· You’re facing job loss, termination, or changes to your role.
· You want to explore alternatives to employment-based sponsorship.
· You’re pursuing a personal matter like marriage-based adjustment or naturalization.
· You’re unsure about the advice or limitations of the employer’s attorney.
Our New York immigration attorneys help you understand your options and protect your interests at every step.
Take Control of Your Immigration Journey
Don’t assume someone else’s lawyer is automatically your lawyer. At Sharma Law Associates, we provide individualized immigration guidance tailored to your life, not just your job. If you need independent legal advice or want to understand your rights and risks better, we’re here to help.
Call us at 646-846-4221 or contact us online to schedule a confidential consultation.
