Work Visas & Employment Immigration
Employment-based immigration covers everything from temporary work visas to permanent residence through a job. Which category fits depends on your qualifications, your employer, and how long you intend to stay.
Temporary work visas
H-1B
Specialty occupations requiring at least a bachelor’s degree in a specific field. Subject to an annual cap and a lottery, with exemptions for certain universities and non-profit research organisations.
L-1
Intra-company transfers for managers, executives and workers with specialised knowledge moving from a related company abroad.
O-1
Individuals with extraordinary ability or achievement. No cap and no lottery, which makes it valuable when H-1B is unavailable.
TN
For Canadian and Mexican professionals in listed occupations under the North American trade agreement.
E-2
For nationals of treaty countries investing substantial capital in a U.S. business they direct.
H-2A and H-2B
Seasonal and temporary agricultural and non-agricultural work, requiring employer sponsorship and labour certification.
Permanent residence through work
Employment-based green cards run through preference categories, most requiring an employer sponsor and, in many cases, a labour certification showing no qualified U.S. worker is available.
- EB-1 — extraordinary ability, outstanding researchers, and multinational managers. No labour certification required.
- EB-2 — advanced degrees or exceptional ability. A national interest waiver can remove the employer and labour certification requirements for qualifying individuals.
- EB-3 — skilled workers, professionals and certain other workers.
- EB-5 — investment creating qualifying U.S. jobs.
Waiting times in these categories depend heavily on country of birth, and for some countries the backlog is measured in years.
For employers
We act for employers as well as individuals — petitions, labour certification, compliance obligations, and planning around an employee whose status is expiring. Getting the timing right matters: gaps in work authorization are disruptive and sometimes avoidable only if planned for months in advance.
When a case is stuck
Employment cases are frequently delayed rather than refused. Where a case has sat beyond normal processing times with no decision, a mandamus action in federal court can compel the agency to decide it. It does not force a favourable outcome, but it does force a decision.
Not sure which category fits?
Employment routes are the area where people most often pursue the wrong one. A consultation costs nothing.
Frequently asked questions
Can I change employers on a work visa?
Usually with a new petition, and sometimes with portability provisions that let you begin sooner. Do not resign before the position is secure — timing here is critical.
What happens if I am laid off?
There is generally a limited grace period to find new sponsorship, change status, or depart. Act immediately, because the window is short and the options narrow as it closes.
Do I need a job offer for a green card?
For most employment categories, yes. Exceptions include EB-1A extraordinary ability and the EB-2 national interest waiver, where qualifying individuals can self-petition.
How long do employment green cards take?
It depends on the category and your country of birth. Some are relatively quick; others involve multi-year waits because of per-country limits. We can tell you where your category currently stands.
Can my family come with me?
Most work visa categories allow spouses and unmarried children under 21 to accompany you. Whether the spouse can work depends on the category.
This page is general information about employment-based immigration, not legal advice, and it does not create an attorney-client relationship. Immigration law changes frequently and eligibility depends on the facts of your case. Past results do not guarantee or predict a similar outcome in any future matter. Please speak with a licensed attorney about your own situation.
Let’s find the right category.
Whether you are an employer or an employee, we will map the realistic options and the timing.