Employment Visas

Overview

Most employment-based immigration starts with the employer. With limited exceptions, a U.S. company must file a petition with U.S. Citizenship and Immigration Services (USCIS) before a foreign worker can begin a job here. The right category depends on the job duties, the worker’s credentials, the company’s structure, and whether the goal is a temporary assignment or permanent residence.

Temporary categories such as H-1B, L-1, O-1, and TN allow work for a defined period and can often be extended. Green card preferences EB-1 through EB-3 lead to permanent residence but involve more steps and longer waits, including labor certification for many cases.

Our role is practical: we help you pick the category that fits, prepare filings that hold up to scrutiny, respond to requests for evidence, and keep the worker in valid status. Errors at the petition stage are costly to fix later, so we front-load the analysis.

Who Qualifies

Each category has its own requirements. These are the ones we handle most often:

• H-1B specialty occupation. For jobs that normally require at least a bachelor’s degree in a specific field. Most new H-1Bs are subject to an annual cap and electronic registration lottery.
• L-1 intracompany transferee. For managers, executives (L-1A), or workers with specialized knowledge (L-1B) transferring from a related foreign company after at least one year of qualifying employment abroad.
• O-1 extraordinary ability. For people with sustained national or international acclaim in the sciences, arts, education, business, or athletics, shown through awards, publications, and similar evidence.
• TN professionals. For Canadian and Mexican citizens working in specific professions listed under the USMCA, such as engineers, accountants, and scientists.
• EB-1 first preference. Green cards for workers of extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives. No labor certification required.
• EB-2 second preference. Green cards for those with advanced degrees or exceptional ability. Usually requires PERM labor certification unless a national interest waiver applies.
• EB-3 third preference. Green cards for skilled workers, professionals with bachelor’s degrees, and other workers. Requires PERM labor certification.

Process Steps

1. Choose the category

   We review the job, the worker’s credentials, and the company’s goals to pick the category with the best fit and the fewest avoidable risks.

2. LCA or PERM, where required

   H-1B petitions need a certified Labor Condition Application from the Department of Labor. Most EB-2 and EB-3 green card cases require PERM labor certification, including a wage determination and a test of the U.S. labor market.

3. Employer petition

   The employer files Form I-129 for temporary categories or Form I-140 for green card preferences, with evidence of the job, the company, and the worker’s qualifications.

4. Premium processing, if useful

   For an extra government fee, USCIS will act on many I-129 and I-140 petitions within 15 business days. We advise when the speed is worth the cost.

5. Visa stamping or change of status

   Workers abroad apply for a visa at a U.S. consulate after approval. Workers already here in valid status can often change or extend status, or adjust status in green card cases when a visa number is available.

6. Start of employment

   The worker begins on the approved start date. We calendar expiration and extension deadlines so status never lapses by accident.

Timeline

Processing times shift with government workload and change often. The ranges below reflect what clients commonly experience, stage by stage:

Stage	Typical time
H-1B registration and lottery cycle	Registration in March; selected cases filed for an October 1 start
I-129 petition, regular processing	Several weeks to several months
I-129 or I-140 with premium processing	15 business days for USCIS action
PERM labor certification	Roughly 1 to 2 years, including the wage determination
I-140 petition, regular processing	Several months
Green card wait after I-140 approval	Immediate to many years, depending on category and country of birth

These figures are estimates, not guarantees. Actual times vary by service center, category, and country, and government processing times change without notice.