Obtaining a work visa requires taking the following steps:

• First, an employer must apply for labor certification (through the PERM process) to the United States Department of Labor attesting that the employer has tried without success to hire U.S. workers.
• A Petition for Alien Worker application must be filed with the U.S. Citizenship and Immigration Services (USCIS) demonstrating that the employer has the financial resources to pay the promised salary and that the employee is qualified for the position.
• The final application for green card processing must be filed (adjustment of status).

Each phase of applying for a work visa involves strict timelines and rules that can be easily confused, and is riddled with potential pitfalls. The entire process can be time consuming and expensive without the assistance of a skilled immigration law attorney. Our attorneys are skilled in resolving potential problems early to quickly facilitate the work visa process.

H-1B visas for professionals

H-1B visas allow employees in “specialty occupations” to live and work in the United States for up to six years (and beyond in some circumstances). Generally, the work must require a specialized college degree or its equivalent, and the non-citizen must hold that degree or its equivalent. This visa can work well for traditional professionals like engineers, accountants and lawyers as well as scientists, researchers, financial analysts and other individuals who need specialized academic training to perform their work. The quota for these visas is far lower than the demand for them, so advance planning is essential to apply in the short window every year when visas are available. For more detailed information, visit our H-1B page.

TN visas for Canadian and Mexican professionals

TN visas can provide similar status and benefits to those afforded by H-1B visas to most Canadian and Mexican professional workers. They cover a narrower range of jobs, but are steadily available, less expensive and generally more flexible than H-1B visas.

L visas for executives, managers and specialist employees of international companies operating in the U.S.
This classification allows executives, managers and certain specialists to transfer to jobs within the company when that involves relocating to the U.S. The applicant for an L visa must have been employed with the company in an executive, managerial, or specialized capacity for one year within the three years preceding the application for a visa. The petitioning company must do business in both the U.S. and the applicant’s country. However, the company need not be engaged in the same business in both countries, allowing greater flexibility in setting up a business in the U.S. For many executives and managers, application for a green card without labor certification is possible after two years of work in the U.S. For more detailed information, visit our L-1 page.

E visas for investors and traders

The U.S. has treaties with many countries that allow for investors and individuals involved in trade between the U.S. and their country to reside in the U.S. Although E visas do not generally lead to permanent residence, they can be an excellent vehicle for living and working in the U.S.