Work Visa Lawyers for Employees and Employers

Helping Foreign Professionals and U.S. Employers With Work Authorization

The U.S. offers several ways to work here legally, and each comes with its own eligibility rules, deadlines and paperwork. Choosing the wrong category, or filing it late, can cost you a job offer or a season of work. Banker’s Hill Law Firm, A.P.C. helps employees and the companies hiring them choose the right visa, prepare a strong petition, and plan ahead for extensions and green cards. We work from our San Diego office with clients across the United States, in English and Spanish.

If you are just starting to research, our guide on how to get a work visa for the USA walks through the basic steps. Contact our office today for a Free Evaluation of your work visa options.

Work Visa Categories We Handle

H-1B: Specialty Occupation Workers

The H-1B lets U.S. employers hire foreign workers in specialty occupations that require at least a bachelor’s degree, or its equivalent, in a specific field directly related to the job. It is one of the most widely used employment-based visas. New cap-subject petitions are limited to 65,000 a year, plus 20,000 for holders of U.S. master’s or higher degrees. Since the fiscal year 2027 cap season, USCIS has used a wage-weighted selection, so registrations at higher wage levels have better odds. H-1B status is granted for up to three years at a time, generally up to six years in total, with longer extensions possible for some workers whose green card cases are pending.

An experienced H-1B visa lawyer helps with cap registration, the Labor Condition Application, transfers to a new employer, and extensions. Cap-exempt employers, such as universities and their affiliated nonprofits, nonprofit research organizations and government research organizations, can file at any time of year.

Update on the $100,000 payment (November 2026): A September 2025 presidential proclamation required a $100,000 payment on certain new H-1B petitions, mainly for workers outside the United States, and a September 2026 proclamation extended it through September 2027. Petitions to change status, amend or extend stay for workers already in the U.S. are exempt when USCIS approves them. As of November 2026, federal court orders prevent USCIS from collecting the payment while appeals are pending, and DHS has said it will collect if those orders are lifted. Because this could change, employers should check the current rules before filing.

O-1: Extraordinary Ability or Achievement

The O-1 visa is for people at the top of their field. O-1A covers extraordinary ability in the sciences, education, business or athletics, shown by sustained national or international acclaim. O-1B covers distinction in the arts or extraordinary achievement in film and television. It is not subject to an annual cap, so it can be an option for accomplished professionals who were not selected in the H-1B lottery. The evidence standard is high, so an O-1 visa lawyer helps decide whether your record of awards, publications, press or high salary is strong enough before you file. O-1 status is granted for up to three years at first, then extended in increments of up to one year.

TN: USMCA Professionals From Mexico and Canada

The TN classification lets citizens of Mexico and Canada with a job offer from a U.S. employer work in professions listed under the USMCA, such as engineers, accountants and scientists, if they meet that profession’s qualifications. 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 can be renewed.

H-2A and H-2B: Seasonal and Temporary Workers

The H-2A program lets employers bring foreign workers for temporary or seasonal agricultural jobs, and it has no annual cap. H-2B covers temporary non-agricultural jobs in industries such as hospitality, landscaping and food processing, and it is capped each year. Both programs require the employer to obtain a temporary labor certification from the Department of Labor before filing with USCIS. Because seasonal start dates are fixed, a work visa attorney can plan the labor certification and USCIS filing so workers arrive on time.

E-3: Australian Professionals

The E-3 visa is available only to Australian citizens in specialty occupations. It works much like the H-1B but has its own annual allotment, and spouses of E-3 workers are authorized to work.

Employment Authorization Documents (EAD)

Some people can work based on their immigration status rather than a work visa. That includes certain adjustment of status applicants, asylum applicants and DACA recipients. An Employment Authorization Document is not a visa, but it lets you work for any employer while it is valid. We help clients apply for and renew EADs. Under a DHS rule issued in October 2025 and finalized in October 2026, most EAD renewals filed on or after October 30, 2025 no longer receive an automatic extension, so it is important to file your renewal up to 180 days before your card expires.

If You Lose or Leave Your Job

Losing a job on a work visa does not always mean you must leave the country right away. Workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status may have a grace period of up to 60 consecutive days, or until their authorized stay ends if that comes sooner. During that time, you can look for a new employer to file a petition for you, apply to change to another status, or prepare to depart. The grace period is generally available once per authorized validity period, and you cannot work during it unless a new employer’s petition allows you to. Because the deadline is short, contact an attorney as soon as you learn your job is ending.

From Work Visa to Green Card

Many workers on an H-1B, O-1 or L-1 eventually want permanent residence. Most EB-2 and EB-3 green cards require the employer to complete PERM labor certification and file Form I-140. Some people can self-petition through EB-1A (extraordinary ability) or the EB-2 National Interest Waiver. Our green card lawyers explain each employment-based category.

Why Work With a Work Visa Lawyer

Small mistakes cause many work visa denials and Requests for Evidence: a job description that doesn’t match the degree, a wage below the required level, or a gap in status. A work visa lawyer reviews these issues before filing. Employers benefit too, because we can manage deadlines across several employees, keep public access files and LCA records in order, and plan cap season months ahead. If you are an investor, founder or multinational company, our business immigration lawyers cover L-1, E-2 and EB-5 options.

How Our Work Visa Attorneys Handle Your Case

Professional woman with glasses and a red blazer sitting in an office

Free Evaluation

We review your qualifications, job offer and immigration history to identify the visa category and strategy that fit.

Employer or self-petition strategy

We explain the responsibilities of the employee and the employer, prepare Labor Condition Applications where required, and build a filing plan.

Petition preparation and filing

We prepare a complete petition with the required forms, evidence and legal arguments for your visa category.

RFE response and status monitoring

We track your case, handle communication with USCIS, and respond to Requests for Evidence promptly and completely.

Extensions, transfers and long-term planning

We file extensions and transfers on time and map out a long-term plan, including a path to permanent residence.

Frequently Asked Questions: Work Visas

Most work visas require an employer to sponsor you. Some categories allow you to self-petition for permanent residence without an employer, such as the EB-1A for extraordinary ability and the EB-2 National Interest Waiver. A Free Evaluation can show whether you qualify for one of these routes.

A worker already in H-1B status can generally start with a new employer as soon as that employer properly files a new H-1B petition, as long as it is filed before the current authorized stay ends. Leaving a job without a new petition in place can put your status at risk. Talk with an attorney before any job change while you are on a work visa.

It depends on your visa category. H-4 spouses of H-1B workers can apply for work authorization if the H-1B worker has an approved I-140 or has an H-1B extension beyond six years based on a pending green card case. Spouses of L-1 and E-3 workers are authorized to work based on their status.

Premium processing is an optional service for certain petitions in exchange for an extra USCIS fee. For most work visa petitions, USCIS commits to take action within 15 business days, meaning it will approve, deny, or issue a Request for Evidence or Notice of Intent to Deny. It is worth considering when you face a tight start date or an expiring status.

It varies by category. H-1B status is granted for up to three years at a time and generally up to six years in total, with longer extensions in some green card cases. O-1 status starts at up to three years and can be extended one year at a time, and TN status is granted for up to three years at a time. Extensions must be filed on time to keep your status.

New H-1B cap petitions are limited to 65,000 a year, plus 20,000 for holders of U.S. advanced degrees. Because demand is higher than supply, employers first submit electronic registrations, and USCIS selects among them. Starting with the fiscal year 2027 cap season, the selection is weighted by wage level, and registration usually opens in March for jobs starting October 1.

The H-1B requires a specialty occupation and an employer sponsor, and most new petitions are subject to the annual cap and selection. The O-1 requires proof of extraordinary ability but is not capped. For accomplished professionals who are not selected in the H-1B lottery, the O-1 can be an alternative.

Generally, no, if the worker is in the U.S. and USCIS approves the change of employer, change of status or extension. The payment can apply if USCIS finds the worker ineligible, or if the petition asks for consular notification so the worker can get a visa abroad. As of November 2026, federal court orders also prevent USCIS from collecting the payment while appeals continue, so check the current rules before filing.

USCIS approves the employer’s H-1B petition. If the worker is outside the U.S., or travels abroad later, a U.S. Department of State consular officer issues the H-1B visa at an embassy or consulate. Workers who change to H-1B status inside the U.S. don’t need a visa stamp until they travel and return.

The law does not require you to hire a lawyer, but H-1B petitions involve wage levels, a Labor Condition Application and detailed evidence about the job and your degree, and mistakes can cost you a full cap season. Costs include USCIS fees, which depend on the employer’s size, plus attorney fees, and the employer must pay many of these costs. We explain the expected fees in writing during your Free Evaluation.

No. Canadian citizens can apply for TN status at a port of entry, but Mexican citizens must first get a TN visa at a U.S. consulate. An employer can also file a petition with USCIS for a Mexican or Canadian worker already in the U.S.

Contact Our Work Visa Lawyers Today

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If you are ready to take the next step, our team is here to help. Banker’s Hill Law Firm, A.P.C. provides strategic, careful representation to workers and employers across the United States from our office in San Diego. Call us today at (619) 230-0330 or contact our office online to schedule your Free Evaluation.