Abogados de Work Visas

Work Visa Lawyers in the United States

Every year, hundreds of thousands of foreign workers apply for authorization to work legally in the United States. The process involves strict deadlines, detailed documentation, and government agencies that reject applications for even minor errors. A work visa lawyer handles the legal side so applicants and their sponsoring employers can focus on what matters — getting to work.

What Work Visa Law Covers

Work visa law falls under U.S. immigration law and covers both temporary (nonimmigrant) visas and permanent employment-based green cards. Temporary categories include H-1B visas for specialty occupations, L-1 visas for intracompany transfers, O-1 visas for individuals with extraordinary ability, and TN visas for Canadian and Mexican citizens under USMCA.

On the permanent side, lawyers assist with labor certification (PERM), employer-sponsored green card petitions, and National Interest Waivers. They also handle visa extensions, changes of status, and responses to Requests for Evidence from USCIS.

When to Hire a Work Visa Lawyer

• Your employer is sponsoring you for an H-1B and you need to compete in the annual lottery, which had over 780,000 registrations in fiscal year 2024
• You received a Request for Evidence (RFE) or a Notice of Intent to Deny from USCIS
• You are switching employers and need to transfer your visa without losing status
• Your company wants to bring an employee from an overseas office on an L-1 visa
• You are self-petitioning through an EB-1A or National Interest Waiver category

How the Work Visa Process Works

The process depends on the visa type. For an H-1B, the employer first files a Labor Condition Application (LCA) with the Department of Labor, then submits a petition to USCIS. If selected in the lottery, processing typically takes three to six months — or about two weeks with premium processing.

For employment-based green cards, employers usually start with PERM labor certification, which alone can take eight to twelve months. After PERM approval, the employer files an immigrant petition, and the worker waits for a visa number based on their priority date and country of birth.

How Visa Outcomes Are Determined

• Prevailing wage requirements set the minimum salary an employer must offer, based on occupation, location, and experience level
• Visa category selection depends on the applicant's qualifications, job duties, and the employer's needs
• Country of birth affects green card wait times — applicants from India and China face significantly longer backlogs
• The strength of the petition — including supporting evidence of education, experience, and job specifics — directly affects approval odds
• Premium processing availability can reduce wait times from months to 15 business days for eligible petitions

Frequently Asked Questions

Can I change employers while on an H-1B visa?

Yes. Under H-1B portability rules, you can begin working for a new employer as soon as that employer files a new H-1B petition on your behalf. You do not need to wait for approval, but the petition must be filed before you leave your current position.

What happens if my work visa application is denied?

You may be able to file a motion to reopen or reconsider with USCIS. In some cases, your lawyer can file an appeal with the Administrative Appeals Office (AAO). The right response depends on the specific grounds for denial stated in the decision.