San Diego Work Visa Attorneys

Helping Foreign Nationals and Employers Navigate U.S. Work Authorization

For foreign nationals seeking to work in the United States — and for the employers who want to hire them — the U.S. work visa system offers multiple pathways but requires careful navigation. From initial classification and employer sponsorship to extensions, transfers, and long-term immigration planning, every stage demands attention to detail and strategic thinking. Our San Diego immigration attorneys represent employees and employers across the full spectrum of work visa categories.

Contact our office today for a free, confidential work visa consultation.

Work Visa Categories We Handle

Professional Woman With Glasses And A Red Blazer Sitting

H-1B — Specialty Occupation

The most widely used employment-based visa, the H-1B is available to workers in specialty occupations requiring a bachelor’s degree or higher. It is employer-sponsored and subject to an annual cap and a wage-weighted selection process. H-1B status is initially granted for three years and may be extended. A September 2025 presidential proclamation imposed a $100,000 payment on certain new H-1B petitions, mainly those for workers outside the United States; petitions to change status or extend stay for workers already in the U.S. have generally been exempt. Note: this requirement is the subject of pending litigation, and as of October 2026 federal court orders were blocking its collection. Because its status may change, employers should check the current rules before filing.

H-2A and H-2B — Temporary Workers

The H-2A program allows employers to bring foreign nationals for temporary agricultural work. H-2B covers temporary non-agricultural positions in industries such as hospitality, landscaping, and food processing.

O-1 — Extraordinary Ability or Achievement

The O-1 visa is available to individuals with extraordinary ability in the sciences, arts, education, business, or athletics. Not subject to an annual cap, it offers greater flexibility than the H-1B for highly accomplished individuals.

TN — USMCA Trade Professionals

Canadian and Mexican citizens in designated professional categories may qualify for TN status. Canadian citizens may apply at a U.S. port of entry; Mexican citizens must first obtain a TN visa at a U.S. consulate. An employer may also file with USCIS for a worker already in the U.S. TN status is granted for up to three years at a time and is renewable.

E-3 — Australian Specialty Occupation Workers

The E-3 visa is available exclusively to Australian nationals in specialty occupations and offers a streamlined alternative to the H-1B for eligible applicants.

Employment Authorization Documents (EAD)

Certain individuals — including adjustment of status applicants, asylum seekers, DACA recipients, and others — are eligible for employment authorization based on their immigration status rather than a specific work visa. We assist clients in applying for and renewing EADs.

How Our San Diego Work Visa Attorneys Handle Your Case

Free Work Visa Consultation

We assess your qualifications, employment situation, and immigration history during a free evaluation to identify the most appropriate visa category and strategy.

Employer or Self-Petition Strategy

We advise both employees and employers on their respective responsibilities, prepare Labor Condition Applications (LCAs) where required, and develop a complete filing strategy.

Petition Preparation and Filing

We prepare a thorough, well-documented petition with all required forms, supporting evidence, and legal arguments tailored to your specific visa category.

RFE Response and Status Monitoring

We monitor your case, handle all agency communications, and respond to Requests for Evidence promptly and comprehensively.

Extensions, Transfers, and Long-Term Planning

We advise on timely extension and transfer filings and develop a long-term immigration roadmap — including pathways to permanent residence — as your situation evolves.

Frequently Asked Questions: Work Visas in San Diego

Most work visas require employer sponsorship. However, certain categories allow self-petitioning: the EB-1A (extraordinary ability) and EB-2 National Interest Waiver allow individuals to petition for permanent residence without an employer sponsor.

H-1B holders may transfer their visa to a new employer by having the new employer file a petition — often before leaving the current job. Leaving without a transfer petition in place can jeopardize your status. We strongly recommend consulting an attorney before any job change while on a work visa.

It depends on your visa category. H-4 spouses of H-1B holders are eligible for work authorization (EAD) if the H-1B holder has an approved I-140 or has been granted an H-1B extension beyond the sixth year. L-2 spouses of L-1 holders are authorized to work incident to their L-2 status.

USCIS offers premium processing for certain petition types for an additional fee. For most work-visa petitions, USCIS guarantees it will take action (approve, deny, or issue a request for evidence or notice of intent to deny) within 15 business days. It is worth considering when you face a tight start date, an expiring status, or simply need certainty on timing.

Duration varies by category. H-1B status is initially granted for three years, extendable to six (and beyond in some circumstances). O-1 is approved for up to three years initially, then extended in increments of up to one year, with no limit on the number of extensions. TN status is granted for up to three years at a time and can be renewed; Mexican citizens must first obtain a TN visa at a U.S. consulate. Extensions must be filed timely to maintain lawful status.

Contact Our San Diego Work Visa Attorneys Today

Attorney reviewing case documents with a client in a law office

If you are ready to take the next step, our team is here to help. Contact our firm today for a free, confidential evaluation with an experienced San Diego work visa attorney.

At Banker’s Hill Law Firm, we provide thoughtful, strategic, and compassionate legal representation to clients throughout San Diego and Southern California. We offer a free evaluation so you can explore your options without any obligation.

Call us today at (619) 230-0330 or contact our office online to schedule your confidential, free evaluation.