Matching the visa to the job
Employment immigration is a planning exercise. The right category depends on several factors:
- The duties and level of the role
- The worker's education and experience
- Their country of citizenship
- The employer's size and structure
- How long the position is expected to last
We often compare two or three options side by side before recommending one, and we write down the reasons so both the employer and the employee understand the choice.
Early planning pays off. A company that starts thinking about a hire in the fall has far more options than one that begins a month before the start date. Workers already in the United States in another status, such as students, should involve us well before their current permission ends.
Who we work with
Our business immigration group advises:
- Startups and growing technology companies
- Hospitals, clinics and universities
- Engineering and energy firms
- Family businesses and individual professionals planning a move
Some clients hire one foreign worker every few years; others run programs with dozens of cases. The principles are the same: clear timelines, complete filings and no surprises.
The H-1B for degreed roles
The H-1B covers jobs where a four-year degree in a particular field is the normal entry requirement. Most new H-1B workers are subject to an annual cap and a spring registration and selection process. Universities, their affiliated nonprofits and certain research organizations are exempt from the cap and may file at any time. The employer must pay at least the required wage and file a Labor Condition Application with the Department of Labor.
- Initial stay of up to three years, extendable to a total of six in most cases
- Extensions beyond six years may be possible while a green card case is pending
- Spouses and children may accompany the worker in H-4 status
The degree must relate to the duties of the job. Positions with general titles or loosely defined duties draw more questions, so we work with the employer to describe the role accurately and show why it requires specialized knowledge. Equivalent experience can sometimes substitute for a degree, with a formal credential evaluation.
L-1 transfers within a company
Companies with offices both abroad and in the United States may transfer:
- Managers who oversee people or functions (L-1A)
- Executives who direct the organization (L-1A)
- Employees with specialized company knowledge (L-1B)
The worker must generally have been employed abroad by a related entity for one continuous year within the last three. Larger employers may qualify for a blanket petition that speeds up individual cases. Special rules apply when the U.S. office is new.
Managers and executives transferred under L-1A may later seek permanent residence through the EB-1 multinational manager category, which does not require labor certification. That makes early planning around job titles and reporting lines especially valuable.
The O-1 for top performers
The O-1 is for people who can show sustained national or international acclaim in the sciences, arts, education, business or athletics, or a record of extraordinary achievement in film and television. Evidence often includes:
- Nationally or internationally recognized awards
- Published work and press coverage about you
- A high salary compared with peers
- Invitations to judge the work of others
- Critical roles at distinguished organizations
There is no annual cap, which makes the O-1 useful when an H-1B is not available.
An O-1 petition usually needs a consultation letter from a relevant peer group or labor organization, a written itinerary of the work, and a U.S. agent or employer. Freelancers and founders often use an agent to file on their behalf. We help clients gather and present evidence so that the petition tells a clear story of their achievements.
TN professionals
Canadian and Mexican citizens in certain listed professions may qualify for TN status. Common examples include:
- Engineers and architects
- Accountants and management consultants
- Scientists and research assistants
- Many health care professionals
Canadians can often apply at the border, while Mexican citizens generally apply at a consulate. TN status can be renewed, but it is meant to be temporary, which matters when planning a green card.
E-2 investors from treaty countries
Nationals of countries with a qualifying treaty may come to direct and develop a business they have invested in. The core requirements:
- Citizenship of a treaty country, shared by the business owners
- A substantial investment, committed and at risk
- A real, operating enterprise
- A role developing and directing the business
Employees of the same nationality may also qualify. E-2 status can be renewed as long as the business continues to qualify.
Advice for employers
Sponsoring workers carries responsibilities. We help employers:
- Build a hiring calendar around registration windows
- Prepare wage and labor filings
- Maintain public access files
- Complete Form I-9 correctly
- Prepare for and respond to site visits
Growing businesses often benefit from a written sponsorship policy that explains which roles the company will support and when.
We also help employers respond when a key employee receives a request for evidence, when a merger or acquisition changes the sponsoring entity, or when a reduction in force affects sponsored workers. Each of these events has immigration consequences that are easier to manage when planned in advance.
The petition and agency questions
A well-prepared petition explains the job, the company and the worker's qualifications with evidence rather than adjectives. Even so, USCIS may issue a request for evidence. We answer each point the officer raises in order, with documents and expert letters where helpful, and we keep both the employer and the worker informed at every step.
Premium processing. Premium processing, where available, guarantees an agency action within a set period for an additional fee. The action may be an approval, a denial or a request for evidence. It is most useful when a start date, a travel plan or an expiring status makes timing critical.
Consular processing and arrival
Workers outside the United States usually need a visa stamp from a U.S. consulate after the petition is approved. Appointment availability varies by post. We prepare the worker for the interview and review the documents to carry at the border, where an officer makes the final admission decision.
Moving toward a green card
Many workers eventually pursue permanent residence. Employer sponsorship often starts with PERM labor certification, which requires a recruitment process to show that no qualified U.S. worker is available. Some applicants can skip that step through the EB-1 categories or a National Interest Waiver. We plan temporary status and the green card together so that one does not undercut the other.
How PERM works
The PERM process involves setting the prevailing wage, advertising the job in specific ways, reviewing applicants in good faith and filing the certification with the Department of Labor. After approval, the employer files the immigrant petition and, when a visa number is available, the worker applies for residence. Each step has its own documentation and deadlines.
Job changes, promotions and layoffs
Changes during a visa can affect status:
- A new employer may need to file a new petition before the worker starts
- A promotion or a move to a new worksite may require an amended filing
- After a layoff, some workers have a limited grace period to find a new sponsor or change status
Before you accept a new offer or relocate, a short call can prevent a gap in authorization.
Families of workers
Spouses and children usually accompany the principal worker in dependent status. Some dependent spouses may request work authorization, depending on the category and the stage of the principal's green card case. Children should plan ahead for the age of 21, when dependent status ends.
Dependent children who turn 21 before a family's green card is approved may lose eligibility unless a protection applies. When a child is approaching that age, we look at options such as changing to student status and review whether the Child Status Protection Act can help.
Where to start
Processing times and approval standards vary by category and agency, and premium processing is available for some filings for an added fee. It speeds up a decision, not the outcome.
We will tell you what is realistic for your case and what documents will make it stronger. For employers, we can review your current workforce and build a calendar for the year ahead.
