Employment Visa Attorneys

Learn More abOut Employment Visas

Comprehensive Visa Assistance applicant must secure an applicable offer of employment from a U.S.-based employer to obtain one of these visas. Employment visas can be granted to people living outside the U.S. and those currently in the country hoping to adjust their legal immigration status.

If you want to find work or advance your career in the United States, our Annandale employment visa lawyers can help you explore your options. Our team at Johnson & Masumi has served thousands of clients and is extensively familiar with a wide spectrum of employment visas. We are not afraid of complex cases and will work to identify solutions to help you achieve your immigration goals.

Visa Services

EMPLOYMENT VISAS A VISAS E VISAS H VISAS L VISAS O VISAS TN VISAS FIANCÉ VISAS K VISAS

NON-IMMIGRANT VISAS P VISAS T VISAS U VISAS STUDENT VISAS J / F / M VISAS VISITOR VISAS B VISAS

Employment-Based Green Cards

U.S.-based employers can sponsor prospective foreign workers for green cards, which confer lawful permanent residency if they fill permanent positions and obtain labor certifications. Five tiers of employment visas are issued each year, and each tier has criteria applicants must meet to qualify.

EB-1 visas have three sub-tiers and typically apply to people recognized as industry leaders, accomplished experts, or highly skilled professors.
EB-2 visas are designed for people with advanced degrees and specialized skills.
EB-3 visas are largely intended for professionals with bachelor’s degrees
EB-4 visas are issued to certain religious workers and immigrants in miscellaneous Special Immigrant categories.
EB-5 visas can be obtained by investors who measurably improve the U.S. economy through job creation.

Some of these visas, such as the EB-2 visa, require sponsorship from a U.S.-based employer, while others do not. Our Annandale employment visa attorneys can determine which of these immigrant visas is right for you.

A Visas

A visa enables foreign diplomats, officials, government employees, staff, and families to travel to and conduct official business in the United States. Work facilitated by A visas must be performed on behalf of the recipient’s home country. An A visa can generally only be obtained through the cooperation of the United States and the applicant’s home country. These visas last for up to three years and can sometimes be renewed.

The A-2 visa applies to all other foreign government employees who intend to conduct business on behalf of their home country in the United States. This typically includes people employed at embassies, consulates, or military bases. The A-3 visa covers personal employees of A-1 and A-2 visa recipients.

E-2 Visas

EB-2 visas are designed for people with advanced degrees and specialized skills. Holders must demonstrate at least a master's degree or equivalent, or exceptional ability in their field through recognized expertise. This category often requires a job offer and labor certification, though waivers are possible for those with national interest benefits.

EB-3 visas are largely intended for professionals with bachelor’s degrees. They also cover skilled workers with at least two years of training or experience, as well as other workers for unskilled labor positions. Like other employment-based visas, EB-3 typically involves a permanent job offer and labor certification to ensure no adverse impact on U.S. workers.

EB-4 visas are issued to certain religious workers and immigrants in miscellaneous Special Immigrant categories. Eligible individuals include ministers, religious vocations, and special immigrants like broadcasters, Iraqi/Afghan translators, and certain international organization employees. This visa prioritizes unique humanitarian or public interest cases, with a cap on annual issuances that can lead to backlogs.

E-2 visas allow treaty investors to temporarily live and work in the United States to support a business they have invested in. To qualify, an applicant’s home country must maintain a trade treaty with the United States, and they must make a qualifying investment in a U.S.-based enterprise with the intent to manage or direct it. Spouses and unmarried children under 21 can accompany E-2 visa recipients, with spouses generally qualifying for work authorizations. Unlike the EB-5 visa, the E-2 visa does not confer lawful permanent residency but allows indefinite renewals if qualifications are met. This makes it ideal for those seeking semi-permanent U.S. residency without pursuing citizenship.

h Visas

Four types of H visas are potentially available to foreign nationals. All employment visa requests must be filed with United States Citizenship and Immigration Services (USCIS), and each visa type has its application and distinct eligibility requirements.

One option available to employers is the H-1B Visa which allows businesses to sponsor highly skilled foreign nationals in specialized occupations to come work in the United States on a temporary basis. These specialty occupations include, but are not limited to: IT, Computing, Finance, Accounting, Banking, Engineering, Teaching, Medical, Legal, and Telecommunications. To qualify for the H-1B Visa, foreign nationals must have a minimum of a Bachelors degree in their specialized fields and the job must require this level of education.

In order to obtain an H-1B Visa, the employer must submit a completed Labor Condition Application which is a submission to U.S. Department of Labor (DOL) outlining that 1) the employment of the foreign national does not harm American workers, 2) the foreign worker will be paid the prevailing wage for the industry in which they will work, and 3) the employer will not employ the foreign national in the event of a strike or lock-out. Once the DOL application is approved, the employer must file an I-129 Petition with United States Citizenship & Immigration Services (USCIS).

The United States Government places a cap on the number of foreign workers, issuing a limited number of H-1B Visas per year. Only 65,000 H-1Bs are given out in the bachelor’s degree category and an additional 20,000 H-1Bs are granted new each year to people who have obtained a U.S. Master’s/higher degree.

Many H-1Bs are working their way through a series of employers porting H-1B status from one employer to a new one. In this situation, the individual can start working for the new employer upon filing the case with acknowledgement of receipt by USCIS. There are certain situations where an attorney should assess any gaps between employers to determine whether the person will have to depart U.S. soil in order to re-establish proper status by applying from a U.S. consulate instead.

With great demand and limited supply, as well as a number of pitfalls in the process, it is important that you consult an attorney who understands the extremely detailed process of obtaining work authorization in the U.S. We assist in the preparation of the petition, application and review all supporting documentation to ensure that you do not fall victim to the common H-1B Visa pitfalls which lead to the rejection of many applications each year.

H-2A visas apply to workers who take seasonal, temporary jobs in agriculture. These visas are specifically intended for agricultural workers to address labor shortages in the U.S. farming industry. Employers must demonstrate that there are insufficient U.S. workers available and that hiring foreign workers will not adversely affect local labor conditions.

H-2B visas apply to workers who take seasonal, temporary jobs in non-agricultural industries. These positions can include roles in hospitality, landscaping, or construction, among others. Like H-2A, employers must prove a lack of available U.S. workers and ensure no negative impact on local labor markets.

People pursuing special training in the U.S. – excluding graduate medical education or training – can apply for the H-3 visa. This type of visa must be used to facilitate education or training unavailable in the applicant’s home country. The training program must have a structured curriculum and a clear timeline, typically not exceeding two years.

The H-4 visa is used by spouses and unmarried children under 21 of other H visa recipients, with the vast majority being granted to spouses of H-1B visa holders. H-4 visa recipients generally cannot work pursuant to status. However and exception for H-4s whose H-1B spouses are caught in the backlog of a green card priority date may apply for an EAD Work Permit. H-4s can also convert their status to other types of visas – including those that allow employment authorization like H-1B or O-1– if they qualify for those benefits. H-4s may also adjust status to green card on US soil along with the principal H visa holder.

Our firm can help you determine the more efficient and cost effective way to get H-4 status. For example, you may have two methods for gaining H-4 status, and we can help decide whether you should apply for the H-4 visa in your home country with proof of marriage (marriage certificate and proof of bona fides of the relationship), or whether you can change your status from another category like F-1 Student (or F-2 spouse), here on U.S. soil.

l Visas

L visas allow recipients to live and work in the United States for an extended period, making them highly desirable amongst eligible multinational Managers, Executives and people who possess specialized knowledge of products or processes related to the transferring company’s needs. Three types of L visas are available.

The L-1 intracompany transfer visa is a useful vehicle for multinational companies seeking to transfer managerial, executive or specialized-knowledge employees from overseas to provide services in a similar capacity in a related entity in the United States. The employee must have worked abroad for the overseas company for a continuous period of one year in the preceding three years before he may be transferred to the related U.S. company. That one year could be spent traveling into the US, but 365 days of it must have been spent off US soil.

Qualifying Entity. The company for which the employee has worked abroad must be related to the U.S. company in a specific manner – the company abroad must be the same employer such as a branch office, a parent company, a subsidiary or legal affiliate of the U.S. company. The meaning of these terms is quite complex and the specific relationship of the companies must be considered on a case by case basis, but the general rule is that one company that is party to the transfer must have “effective ownership” of the other company (50% or more ownership) – OR both must be “effectively controlled” by the same third company, individual, or group of individual shareholders. Essentially, the US and foreign organization must be related as parent-subsidiary, affiliates, branch office or joint-venture.

Throughout the entire US period of employment, the companies (the US and foreign transferring entities) must continue to doing business in the United States and one other country.

Position. To be a qualifying L-1A Manager, the employee must already be a manager and be coming to the U.S. company to fill the role of executive or manager. To qualify as an L-1B Specialized Knowledge employee, the person must fill the role of a person with specialized knowledge of the company products and/or processes. The employee must be qualified for the position by virtue of his prior education and experience. One year of full-time experience, off US soil, is required before transfer. That one year of employ with the foreign affiliate must have occurred within the prior three years.

The L-1A visa is a nice vehicle for transitioning to green card. To effectuate a parallel green card transfer as a “multinational manager/executive,” one year of experience in the foreign affiliate is always required, just as with the L-1A visa.

Blanket L-1s. Blanket L Visa Approvals may be used to bypass U.S. CIS processing for nationals of qualifying multinational companies. To put a Blanket L Visa Petition in place for quick transfers to the US, multinational companies have to show they have fulfilled certain business parameters.

The Blanket L imposes additional requirements on companies, beyond the usual L-1 criteria. Companies must meet all three of the following requirements to be eligible for the Blanket L:

– The employer and each of its subsidiaries, branch or affiliates must be in engaged in commercial trade or services;

– The company must have an office in the United States that has been doing business in the United States at least one year; and,

– The employer must have at least three branches, subsidiaries or affiliates in the United States and abroad.

In addition, for a Blanket L, the U.S. and foreign organizations must satisfy at least one of the following criteria:

– The U.S. company and its qualifying affiliates have received approval on at least ten petitions for L-1 managers, executives and/or specialized knowledge professionals during the previous year;

– The U.S. company and its U.S. subsidiaries and affiliates combined have annual sales of more than $25 million; or,

– The U.S. company employees at least 1,000 people in the United States

Small or New Office Ls. The L-1 intracompany transfer visa is also a very useful immigration vehicle for entrepreneurs who wish to set up a new office on US soil. For example, L-1 status is available to an individual who has been working for his or her own company overseas and intends to continue the overseas business once they come to the United States. Upon full-time (or even intermittent) transfer to US soil, the individual must ensure that the two businesses maintain a legal affiliation that satisfies US immigration laws. The foreign entity must continue to actively do business and earn income overseas.

Notably, before effectuating a new office L-1, the individual may have to use a B-1 Business Visitor Visa to set up certain components of the new US enterprise to help ensure L-1B approval. However, there is a risk at the US Port of Entry when entering as a B-1 Business Visitor to set up the necessary business instruments (incorporation, tax ID, bank accounts) to qualify as an L-1. Please contact us to avoid border hassles, which primarily depend on stating that the purpose fo the US entry is to set up the L-1 entity by engaging in necessary meetings (not “working” in the US). Also, at the US border on a B-1 Visitor Visit, be prepared to show that the overseas entity is operating and that the entrant is employed by that overseas entity or another one overseas.

Total Period of Stay. The employee must intend to depart the United States upon completion of his authorized stay (including extensions). However, a person in L-1A or L-1B is allowed to pursue permanent residence while on US soil. Initial L-1 admission is for three years, unless it is a “new office” setup situation where the US company has been doing less than 1 year of active business in the US. The total period of stay may reach seven years for L-1A managers and executives and five years for L-1B specialized knowledge personnel.

Spouses and children may accompany the L-1 principal using L-2 status. Since 2002, spouses of L-1’s have been allowed to work in the United States, and this work status is now recognized as simply “incident to status” since 2021 so that an EAD does not need to be obtained first.

L-1B visas are similar to L-1A visas in that they can be used to transfer an employee to a U.S. location or establish an office in the country. While L-1A visas are intended for executives and managers, L-1B visas cover employees with specialized knowledge. The sponsoring employer must prove that a prospective transferee’s specialized knowledge requires them to be in the U.S. working for an extended time. They must also prove the U.S. company, as well as at least one foreign related entity, will provide services or produce and sell products.

Like with the L-1A visa, L-1B visa applicants must have worked for their sponsoring employee for at least one of the last three years in a specialized knowledge, managerial or executive status prior to U.S. transfer. L-1B visas are valid for up to five years; meanwhile the L-1A is valid up to 7 years.

L-1B or B-1? It is important to analyze whether an L-1B is advisable over a B-1 visa. When a person will remain on non-US payroll, enter for short periods of time and will not be taking the work of a prospective U.S. worker because the nexus of work will be done largely outside the United States -- then the faster method for U.S. entry remains the B-1 visa option. This may even entail preparing a unique visa application for the U.S. consulate called a B-1 in lieu of H-1B. We can assess and strategize the best option.

Spouses and children may accompany the L-1 principal using L-2 status. An L-2 spouse or child gets visa status for the same duration as the corresponding L-1 principal, and L-2 recipients can study and work in the United States. Since 2002, spouses of L-1’s have been allowed to work in the United States, and since 2021 this work status is now recognized as simply “incident to status” so that an EAD does not need to be obtained first.

L-2 visa holders may also be eligible to apply for lawful permanent resident status.

O Visas

L visas allow recipients to live and work in the United States for an extended period, making them highly desirable amongst eligible professionals. Three types of L visas are available.

O-1 visas are issued to individuals with extraordinary or outstanding skills in specific fields. The O-1A visa is given to accomplished professionals in the sciences, education, business, or athletics fields, while the O-1B visa covers professionals in the film and television industries.

Employees traveling under an L-1A visa must have worked for their sponsoring employer for at least one of the preceding three years. The U.S.-based office must be able to support an executive employee within one year of the visa’s approval. Recipients of this visa are generally approved to stay in the U.S. for an initial period of three years, and a limited number of renewals are sometimes available.

O-2 visas allow support teams to accompany O-1 visa recipients to the United States. O-2 visa recipients must either help O-1 visa holders complete their work or offer specialized skills or knowledge that is not available in the U.S. O-3 visas permit spouses and unmarried children under the age of 21 of O-1 and O-2 visa holders to accompany their family members to the country.

Like with the L-1A visa, L-1B visa applicants must have worked for their sponsoring employee for at least one of the last three years. L-1B visas are valid for up to five years.

TN Visas

TN visas can be issued to individuals living in Mexico or Canada and planning to move to the U.S. to perform specific services. Eligible applicants must work in professions or possess special skills that meet the professional requirements of Schedule 2 of NAFTA. These visas are valid for three years but can be extended for additional three-year increments. TN visas may also be used to extend H-1 and L visas.

Speak to an Experienced Employment visa Immigration Attorney

Applying for an employment visa may not be as straightforward as expected. Our Annandale employment visa lawyers are familiar with many hurdles immigrants routinely face when seeking these visas and can advise you throughout the application process. Johnson & Masumi is a full-service immigration law firm, and our team can also help with other types of benefits, including student visas, fiancé visas, naturalization, and more.