Work visas
Specialty occupations, intra-company transfers, extraordinary ability, and professional classifications
U.S. work visas span many categories—each with distinct eligibility rules, annual caps, and processing timelines. From specialty-occupation professionals to intracompany transferees and individuals of extraordinary ability, our attorneys help employers and employees choose the right visa, prepare a strong petition, and stay compliant with changing regulations.
Key areas of work visas
Essential classifications, statutory standards, and relief avenues covered in this guide.
H-1B Specialty Occupations
Cap-season registration strategy, renewals, and cap-exempt petitions.
L-1 Intracompany Transfers
Executive, managerial, and specialized talent relocation.
O-1 Extraordinary Ability
High-achievement individuals with national or international acclaim.
TN & E-3 Visas
Bilateral treaty professional classifications for Canadians, Mexicans, and Australians.
Detailed Legal Guide & Practice Rules
Comprehensive breakdown of processes, requirements, and legal standards.
1. Common Nonimmigrant Work Visa Classifications
H-1B, L-1, O-1, TN, and E-3 categories
H-1B specialty occupation visas require at least a bachelor’s degree in a specific field and are subject to an annual congressional cap and electronic lottery, unless the employer is cap-exempt (such as universities and nonprofit research institutions).
L-1 intracompany transfers allow multinational corporations to transfer managers and executives (L-1A) or specialized knowledge staff (L-1B) from foreign offices. O-1 visas reward individuals with extraordinary ability in science, arts, education, business, or athletics. Canadian and Mexican professionals may qualify for streamlined TN status under USMCA.
2. Labor Condition Applications (LCA) and Wage Requirements
Prevailing wage levels, public inspection files, and employer compliance
Before filing an H-1B, H-1B1, or E-3 petition, the employer must submit a Labor Condition Application (LCA) to the U.S. Department of Labor certifying that they will pay the required prevailing wage and that hiring the foreign worker will not adversely affect domestic workers.
How the process works
Typical chronological progression from initial filing to final resolution.
- 1Phase 1
Role & Classification Analysis
Match professional duties, degree specialization, and employer needs to the right visa.
- 2Phase 2
Prevailing Wage & DOL Certification
File and obtain certified Labor Condition Application (LCA) from the Department of Labor.
- 3Phase 3
Petition Compilation & Filing
Submit Form I-129 with expert opinion letters and corporate support documentation.
- 4Phase 4
Approval & Consular Entry
Coordinate visa stamping or change of status to begin authorized employment.
What a lawyer actually does on a work visas case
How experienced counsel prevents delays, navigates scrutiny, and builds your legal record.
- ✓Determines correct occupational classification codes (SOC) and prevailing wage requirements.
- ✓Prepares detailed support letters substantiating specialty occupation eligibility and degree equivalence.
- ✓Responds to specialty occupation, employer-employee relationship, and right-of-control RFEs.
- ✓Maintains employer Public Access Files (PAF) to satisfy Department of Labor audit standards.
- ✓Formulates dual-intent strategies for transitioning from work visas to permanent residency.
Bring these to a first consultation
Gathering these records in advance allows an attorney to evaluate your options immediately.
Work visa lawyers in the United States
Licensed immigration attorneys across the United States
No attorneys listed for work visas yet.
Two things you can do. Search work visas in nearby states, since many immigration matters are federal and can be handled remotely. Or read the work visas guide above, which explains what the process involves and what to ask when you do find someone.
Common questions about work visas
Straightforward answers to the most frequent inquiries.
Can my spouse work in the U.S. while I am on a work visa?
It depends on your category. H-4 spouses of H-1B visa holders can only work if the H-1B holder has an approved Form I-140 immigrant petition. L-2 spouses of L-1 holders and E-2/E-3 spouses are employment authorized incident to status and may work without restriction.
What happens if my H-1B lottery registration is not selected?
Candidates not selected in the H-1B lottery may explore alternative pathways, such as cap-exempt employers (universities and research organizations), O-1 extraordinary ability visas, L-1 intracompany transfers after one year abroad, TN visas for Canadians/Mexicans, or pursuing advanced education with CPT/OPT eligibility.