Work Visa Lawyer
For many foreign professionals, securing a work visa is a crucial step toward advancing their careers and gaining valuable experience in the United States. At ARM Lawyers, our work visa lawyer, Lauren Allu, provides comprehensive guidance on both temporary (nonimmigrant) and permanent (immigrant) work visas, ensuring you have the right documentation to lawfully live and work in the U.S.
Call today or fill out our contact form to schedule a free consultation with our work visa lawyer.
Understanding Work Visas
Work visas allow foreign nationals to enter the United States to perform specific jobs or types of work. These visas can be broadly divided into two categories:
- Nonimmigrant (Temporary) Work Visas
- Provide authorization to work in the U.S. for a limited duration.
- Typically tied to a specific employer or occupation.
- Immigrant (Permanent) Work Visas
- Provide a path to a green card (lawful permanent residence).
- Often pursued by individuals seeking long-term employment and residency in the U.S.
Our work visa lawyer will help determine the best category and visa type to suit your professional goals and personal circumstances.
Temporary (Nonimmigrant) Work Visas
Below are some of the most common temporary work visas:
- H-1B (Specialty Occupation)
- For professionals in occupations requiring at least a bachelor’s degree or equivalent in a specialized field (e.g., IT, finance, engineering).
- Annual cap on the number of new H-1B visas issued (except for cap-exempt employers like universities).
- L-1 (Intracompany Transferee)
- For employees transferring from a foreign office to a related U.S. office of the same employer.
- L-1A: For managers or executives.
- L-1B: For employees with specialized knowledge.
- E-1/E-2 (Treaty Trader and Investor Visas)
- E-1: For nationals of treaty countries conducting substantial trade with the U.S.
- E-2: For investors from treaty countries investing a substantial amount of capital in a U.S. business.
- TN (NAFTA/USMCA Professionals)
- For Canadian and Mexican citizens in certain professional occupations (e.g., accountants, engineers, teachers) under the United States-Mexico-Canada Agreement (USMCA).
- O-1 (Individuals with Extraordinary Ability)
- For those with outstanding achievements in the arts, sciences, education, business, or athletics.
- H-2B (Non-Agricultural Workers)
- For temporary or seasonal non-agricultural workers, such as hospitality, construction, or landscaping.
- Must show a shortage of U.S. workers able and willing to fill the position.
- H-2A (Agricultural Workers)
- For temporary or seasonal agricultural work, often used for harvest seasons.
- E-3 (Australian Specialty Occupation Workers)
- Similar to the H-1B, but exclusively for Australian nationals in specialty occupations.
Each temporary visa has unique requirements and specific time limits. Our work visa lawyer will assess your qualifications and advise on the best option for your needs.
Permanent (Immigrant) Work Visas
Immigrant work visas offer a path to lawful permanent residence (green card). Common categories include:
- EB-1 (Priority Workers):
- Individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
- Outstanding professors and researchers
- Multinational managers or executives
- EB-2 (Advanced Degree or Exceptional Ability):
- Professionals holding advanced degrees (master’s or higher)
- Individuals with exceptional ability in the arts, sciences, or business
- National Interest Waiver applicants
- EB-3 (Skilled Workers, Professionals, and Unskilled Workers):
- Skilled workers (jobs requiring at least two years of training or experience)
- Professionals (bachelor’s degree or equivalent)
- Unskilled workers (less than two years of training)
- EB-4 (Special Immigrants):
- Religious workers, certain broadcasters, and other specific categories
- EB-5 (Immigrant Investor Program):
- For foreign investors who invest $1,050,000 (or $800,000 in Targeted Employment Areas) in a U.S. commercial enterprise, creating at least 10 full-time jobs.
Our work visa lawyer can guide both employers and employees through the immigrant visa process, including labor certification (PERM), Form I-140, and adjustment of status or consular processing.
Key Forms and Requirements for Work Visas
Depending on the visa category, you’ll need to complete specific applications, such as:
- Form I-129 (Petition for a Nonimmigrant Worker):
- Required for most temporary work visas (H-1B, L-1, O-1, etc.).
- Filed by the U.S. employer on behalf of the foreign worker.
- Labor Condition Application (LCA):
- Required for H-1B, E-3, and certain other visas.
- Filed with the U.S. Department of Labor to ensure wages meet prevailing standards.
- Form I-140 (Immigrant Petition for Alien Worker):
- Used for most employment-based immigrant categories (EB-1, EB-2, EB-3).
- Typically filed by the U.S. employer.
- PERM Labor Certification:
- Demonstrates that there are no qualified U.S. workers available for the role.
- Required for most EB-2 and EB-3 applicants before filing Form I-140.
- Adjustment of Status (Form I-485) or Consular Processing (Form DS-260):
- Once the immigrant petition is approved and a visa number is available, applicants may either adjust status in the U.S. or attend an immigrant visa interview abroad.
Our immigration legal team will help you identify the correct forms, gather the required evidence, and ensure everything is submitted correctly and on time.
Work Visa Processing Times
Processing times for work visas vary based on factors such as:
- USCIS or Consular Workload: Different service centers and consulates have different backlogs.
- Category Demand: Some visas, like H-1B, may reach annual caps quickly, leading to potential delays.
- Completeness of Application: Inaccurate or incomplete petitions may receive Requests for Evidence (RFEs), extending the timeline.
Our work visa lawyer will provide an estimated timeframe for your specific category and keep you updated on any changes.
How Our Work Visa Lawyer Can Help
Navigating the U.S. immigration system for work visas can be complex, especially if you’re unfamiliar with the regulations and paperwork. ARM Lawyers offers:
- Personalized Case Assessment: We help you determine the best work visa category based on your skills, background, and career goals.
- Thorough Petition Preparation: From completing forms to assembling proof of qualifications, we handle all details to minimize errors.
- Employer Compliance: We advise employers on labor certification requirements, wage compliance, and any necessary documentation.
- Ongoing Communication: We stay in close contact to address issues, respond to RFEs, and update you on progress.
Contact Our Work Visa Lawyer Today
Whether you’re an employer seeking to bring in skilled foreign workers or a professional aiming to advance your career in the U.S., ARM Lawyers is here to support you. Our work visa lawyer will guide you through the application process from start to finish, providing clarity and confidence every step of the way.
Get Started:
Call us today or fill out our online contact form to schedule a free consultation with our work visa lawyer. Let ARM Lawyers help you achieve your American dream through the work visa pathway.
