№ TUCSAZ
IR
Attorney
Isabel Rojas
Rojas Border Immigration Law
Civil RightsImmigration
- City
- Tucson
Immigration · Sub-Practice
Work Visas
The right work visa depends on your profession, your employer, and your long-term goals. The wrong one can cost years.
§ Overview
What your case actually involves.
U.S. work visas are category-specific, employer-tied, and numerically limited. Understanding which category fits your situation — and how it connects to long-term immigration goals — is the most important decision you'll make.
U.S. work authorization for foreign nationals falls into several categories. The H-1B is the most common — for specialty occupation professionals, subject to an annual cap with a lottery system. H-2A and H-2B cover agricultural and seasonal workers. The L-1 is for intracompany transferees (managers, executives, specialized knowledge workers). The O-1 is for individuals with extraordinary ability in their field — sciences, arts, business, athletics, or entertainment — and has no numerical cap. TN status covers Canadian and Mexican professionals under the USMCA. E-1/E-2 treaty visas cover trade and investment. The EB categories (employment-based green cards) often begin with a nonimmigrant work visa. An immigration attorney can identify the right category, manage the employer-employee sponsorship, and plan the path from visa to permanent residence.
§ Pathways and options
- ▸H-1B — specialty occupation workers; subject to annual cap and lottery (65,000 + 20,000 master's)
- ▸L-1A/L-1B — intracompany transferees: executives (L-1A) and specialized knowledge (L-1B)
- ▸O-1A/O-1B — extraordinary ability in sciences, business, arts, or entertainment; no cap
- ▸TN — Canadian and Mexican professionals under USMCA in qualifying occupations
- ▸E-1/E-2 — treaty trader/investor visas for nationals of treaty countries
- ▸H-2A/H-2B — agricultural workers (H-2A) and seasonal non-agricultural workers (H-2B)
§ How attorneys approach this
- ›Assessing the correct visa category based on profession, employer relationship, and country of citizenship
- ›Employer registration (H-1B requires pre-registration in the lottery in March)
- ›Labor Condition Application (LCA) filing for H-1B — required attestation about prevailing wages
- ›Petition filing with USCIS — I-129 for most work visas
- ›Consular processing if outside the U.S. — visa stamp issuance at U.S. embassy or consulate
- ›Change of status if inside the U.S. and seeking to extend or change visa category
“The H-1B cap lottery has fundamentally changed how ambitious immigration planning must work. With a registration rate of 50–60% and multiple rounds, many qualified professionals don't get selected. Cap-exempt employers — qualifying nonprofits, universities, and government research organizations — don't face the lottery at all. Many tech professionals don't realize that a position at a university research department, a qualifying nonprofit, or a government contractor can bypass the lottery entirely while they build their profile for an EB-1 or NIW self-petition. The lottery is a ceiling for some; cap-exempt employment is a path around it.”
§ What to look for in an attorney
- 01Specific category expertise — H-1B attorneys and O-1 attorneys have different skill sets
- 02Employer immigration program experience — managing multiple employee cases simultaneously
- 03Green card pipeline planning — every work visa should connect to a permanent residence strategy
- 04RFE response experience — USCIS frequently challenges specialty occupation and O-1 petitions
- 05Prevailing wage and LCA compliance knowledge for H-1B employers
- 06Cap-exempt employer knowledge — universities, nonprofits, and research organizations are cap-exempt
⚖️
§ Ask these at your consultation
6 questions that matter
- ❓Which work visa category fits my profession and employer relationship?
- 💰Am I subject to the H-1B cap, or does my employer qualify as cap-exempt?
- 🔍How does this visa connect to a green card path — what is my permanent residence strategy?
- 📋What happens to my immigration status if I change employers?
- 💬What is the timeline for my category — and what are the filing windows and deadlines?
- 💡Can my spouse and children work in the U.S. while I'm on my work visa?
§ Frequently asked questions
Common questions about work visas.
Q 01
I wasn't selected in the H-1B lottery. What are my options?
Several alternatives exist: an O-1A petition if your credentials support extraordinary ability (no cap); a cap-exempt H-1B through a qualifying nonprofit, university, or research organization; TN status if you're Canadian or Mexican and your profession qualifies; L-1 if your employer has a qualifying overseas parent/subsidiary; or a change of employer to a cap-exempt entity. An immigration attorney can evaluate which alternatives your background supports.
Q 02
My H-1B is expiring. How do I extend it?
H-1B status can be extended in 3-year increments up to 6 years total. If you have an approved I-140 immigrant petition and your priority date is not current, you may be eligible for 1-year extensions beyond the 6-year cap. If your priority date is within one year, you may be eligible for 3-year extensions. An attorney should file the extension well in advance of expiration — USCIS processing times fluctuate, and premium processing (15 business days) is available for an additional fee.
Q 03
Can I change employers while on an H-1B?
Yes. H-1B portability allows you to change to a new H-1B employer once your new employer files an H-1B transfer petition. You can begin working for the new employer as soon as the petition is filed — you don't need to wait for approval. Your current H-1B status is maintained during the transfer. If you're in the middle of a green card process, H-1B portability under AC21 also allows you to change employers in certain circumstances without losing your priority date.
Q 04
What is premium processing and when should I use it?
Premium processing is an optional USCIS service that guarantees a decision within 15 business days for an additional fee (currently $2,805). USCIS will either approve the petition, issue an RFE, or deny it within that window. Premium processing is worth considering when: you have a time-sensitive start date, your current status is expiring soon, or the employer needs certainty about staffing. It doesn't guarantee approval — just a fast decision.
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