Work Visas & Employment Immigration
Temporary Work Visas
Temporary work visas allow foreign nationals to work in the U.S. for a specific period. These include H-1B for specialty occupations, L-1 for intracompany transfers, and O-1 for extraordinary ability.
Permanent Employment-Based Immigration
Employment-based green cards provide permanent residence for workers in five preference categories (EB-1 through EB-5), each with different requirements and processing times.
Common Temporary Work Visas
H-1B
Duration: 3 years, renewable onceSpecialty occupation workers with bachelor's degree or higher
Key Requirements:
- •Bachelor's degree or equivalent
- •Job offer from U.S. employer
- •Employer must file petition
L-1A/L-1B
Duration: L-1A: 7 years, L-1B: 5 yearsIntracompany transferees (managers/executives or specialized knowledge)
Key Requirements:
- •1 year employment abroad with same company
- •Transferring to related U.S. entity
- •Executive/managerial or specialized knowledge role
O-1
Duration: 3 years, renewable indefinitelyIndividuals with extraordinary ability in sciences, arts, education, business, or athletics
Key Requirements:
- •Extraordinary ability in field
- •Substantial documentation of achievements
- •U.S. agent or employer petition
TN
Duration: 3 years, renewable indefinitelyNAFTA/USMCA professionals from Canada and Mexico
Key Requirements:
- •Canadian or Mexican citizen
- •Professional listed in USMCA
- •Job offer in qualifying occupation
H-1B Application Process
H-1B Specialty Occupation Process
Employer Files H-1B Petition
Employer submits Form I-129 petition with USCIS during the filing period (typically March-April)
Required Documents:
- •Form I-129
- •LCA (Labor Condition Application)
- •Degree credentials
- •Job offer documentation
H-1B Lottery and Selection
USCIS conducts random lottery if applications exceed annual cap
Required Documents:
- •No additional documents required
- •Wait for lottery results
USCIS Processing
Selected petitions undergo adjudication by USCIS
Required Documents:
- •Response to any RFEs
- •Additional evidence if requested
Visa Application/Status Change
Apply for H-1B visa at consulate or change status if in U.S.
Required Documents:
- •Approved I-129 petition
- •Visa application forms
- •Interview preparation
H-1B Important Notes
- • H-1B cap-subject positions can only be filed during the annual registration period (typically March)
- • Premium processing available for faster adjudication ($2,805 fee, 15 calendar days)
- • Cap-exempt positions include higher education, nonprofit research, and government research organizations
- • H-4 dependent spouses may be eligible for work authorization if H-1B holder has approved I-140
Employment-Based Green Card Categories
EB-1 - First Preference
Priority workers: extraordinary ability, outstanding professors/researchers, multinational executives
Requirements:
- •Extraordinary ability or outstanding achievements
- •No labor certification required
- •Self-petition allowed for EB-1A
EB-2 - Second Preference
Professionals with advanced degrees or exceptional ability
Requirements:
- •Advanced degree or exceptional ability
- •Labor certification required (unless NIW)
- •Job offer required
EB-3 - Third Preference
Skilled workers, professionals, and other workers
Requirements:
- •Bachelor's degree or 2+ years experience
- •Labor certification required
- •Permanent job offer
EB-4 - Fourth Preference
Special immigrants (religious workers, certain international organization employees)
Requirements:
- •Qualifying special immigrant status
- •Varies by subcategory
EB-5 - Fifth Preference
Immigrant investors
Requirements:
- •Investment of $800K-$1.05M
- •Create 10+ full-time jobs
- •At-risk investment in qualifying project
Employment-Based Green Card Process
Employment-Based Permanent Residence Process (EB-2/EB-3)
Labor Certification (PERM)
Employer obtains certification that no qualified U.S. workers are available (required for EB-2/EB-3)
Required Documents:
- •Recruitment documentation
- •Prevailing wage determination
- •Form 9089
File I-140 Petition
Employer files immigrant petition for worker
Required Documents:
- •Form I-140
- •Approved PERM (if required)
- •Evidence of qualifications
Priority Date Current
Wait until priority date becomes current (immediate for EB-1, varies for others)
Required Documents:
- •Monitor Visa Bulletin monthly
- •Maintain valid status
Apply for Green Card
File I-485 adjustment of status or apply for immigrant visa
Required Documents:
- •Form I-485 or DS-260
- •Medical exam
- •Financial documents
- •Background checks
Labor Certification (PERM)
Most EB-2 and EB-3 applications require PERM labor certification to prove no qualified U.S. workers are available.
- • Employer must conduct recruitment
- • Prevailing wage determination required
- • 6-18 month processing time
- • No appeals allowed if denied
National Interest Waiver (NIW)
EB-2 professionals may qualify for NIW to skip labor certification if their work serves the national interest.
- • Self-petition allowed (no employer required)
- • Must demonstrate substantial merit and national importance
- • Well-positioned to advance proposed endeavor
- • Beneficial to waive job offer requirement
Key Forms for Work Immigration
Temporary Work
- • Form I-129: Nonimmigrant Worker Petition
- • LCA: Labor Condition Application (H-1B)
- • Form DS-160: Visa Application
Permanent Residence
- • Form 9089: PERM Application
- • Form I-140: Immigrant Petition for Alien Workers
- • Form I-485: Adjustment of Status
Supporting Documents
- • Educational credentials evaluation
- • Employment verification letters
- • Prevailing wage determinations
Country-Specific Considerations
Processing times and availability vary significantly by country of birth due to per-country limits. Citizens of India and China typically face longer wait times for employment-based green cards.
Current Backlogs (approximate):
- • India EB-2: 50+ years
- • India EB-3: 80+ years
- • China EB-2: 2-3 years
- • All other countries: Current to 2 years