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Work visas and residence through employment

For professionals and the companies that hire them. The right category depends on the job, the worker's background and how soon the worker needs to start.

Agencies
USCIS and the Department of Labor
Temporary
H-1B, L-1, O-1 and TN
Permanent
First, second and third preference
On this page

Temporary work visas

H-1B, specialty occupations
For jobs that require at least a bachelor's degree in a specific field. Most new H-1Bs are subject to an annual cap and a selection process. The rules and fees for it have changed recently, so check current USCIS guidance.
L-1, intracompany transfers
For managers, executives and employees with specialized knowledge moving from a company abroad to a related U.S. company, after at least one continuous year with the company abroad within the previous three.
O-1, extraordinary ability
For people with sustained national or international recognition in their field.
TN
For Canadian and Mexican professionals in listed occupations under the USMCA.

Permanent residence through employment

Employment-based green cards are divided into preference categories. The first covers people of extraordinary ability, outstanding professors and researchers, and multinational managers and executives. The second covers professionals with advanced degrees or exceptional ability, and includes the national interest waiver, which lets a person petition for themselves without a job offer. The third covers skilled workers, professionals and other workers.

Most second- and third-preference cases begin with labor certification from the Department of Labor: the employer tests the labor market and shows that hiring the foreign worker will not displace qualified U.S. workers. The employer then files an immigrant petition, and the worker applies for residence when a visa is available in their category and country.

For employers

Sponsoring a worker creates obligations: wage requirements, records that must be kept, and notice when the job changes. Every employer, sponsor or not, must also verify each new hire's identity and work authorization on Form I-9. We help hiring teams plan a sponsorship, keep it compliant, and prepare for the change from a temporary visa to residence.

Common questions

Can I apply for a green card without an employer?

In some categories, yes. People of extraordinary ability and people who qualify for a national interest waiver can petition for themselves. Both have demanding evidence requirements.

What happens to my status if I lose my job?

Many work visas allow a grace period to find a new sponsor, change status or leave. The length and the options depend on your visa, so get advice quickly.

Can my family come with me?

Spouses and unmarried children under 21 can usually accompany the worker in a dependent status. Whether a spouse can work depends on the visa category.

Official sources

This page was written from the official sources below. Rules, forms and procedures change; check the agency for the current version.

This page is general information, not legal advice. Reading it or contacting the firm does not create an attorney-client relationship.

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Length
One hour
Format
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Fee
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Scheduling
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