U.S. Work Visas

Eligibility

• Specialty occupation requiring at least a bachelor's degree
• U.S. employer willing to sponsor and file the petition
• Employer must pay prevailing wage
• Employer-employee relationship must exist

Key Features

• Dual intent — can pursue green card while on H-1B
• Initial 3-year period, extendable to 6 years
• Cap-exempt: universities, nonprofits, gov research
• Premium processing available (~2-5 business days)

H-1B Process

1. 1

   LCA Filing

   Employer files Labor Condition Application with DOL (7 business days).

2. 2

   Lottery Registration (cap-subject)

   USCIS opens registration each March. Lottery randomly selects petitioners.

3. 3

   I-129 Petition

   Employer files I-129. Standard: 3-6 months. Premium: ~5 days.

4. 4

   Visa/Status

   Consular stamping (if abroad) or change of status (if in U.S.).

Evidence Criteria (need 3+ of these)

• Nationally/internationally recognized prizes or awards
• Membership in associations requiring outstanding achievement
• Published material about you in major trade publications or media
• Judging the work of others in your field
• Original contributions of major significance
• Authorship of scholarly articles
• Critical role for distinguished organizations
• High salary relative to peers

O-1A vs H-1B Comparison

Feature	O-1A	H-1B
Annual Cap	None	85,000
Lottery	No	Yes (cap-subject)
Employer Req.	Agent OK	Yes
Processing	2-5 months	3-6 months
Green Card Bridge	EB-1A	EB-2/EB-3

L-1A (Managers/Executives) vs L-1B (Specialized Knowledge)

L-1A: For managers who manage a function, department, or organization, or executives who direct organization activities. Maximum 7 years. Leads to EB-1C green card.

L-1B: For employees with specialized knowledge of the company's products, procedures, techniques, or proprietary systems. Maximum 5 years.

Requirements

• Employed by foreign entity for at least 1 of last 3 years
• U.S. and foreign entities must be related (parent, sub, affiliate, branch)
• Qualifying managerial, executive, or specialized knowledge role

Key Benefits

• No annual cap or lottery
• Dual intent allowed — can pursue green card
• Blanket L petitions for qualifying multinationals
• L-1A is direct path to EB-1C green card (no PERM)
• New office petitions for establishing a U.S. entity

Qualifying USMCA Professions (selected)

• Engineers (all disciplines)
• Computer Systems Analysts
• Scientists (Biologist, Chemist, etc.)
• Accountant (CPA)
• Lawyer (LLB or JD)
• Pharmacist
• Physician (teaching/research only)
• Graphic Designer
• Management Consultant

TN vs H-1B

• No annual cap or lottery
• 3-year increments, renewable indefinitely
• Canadians: same-day at port of entry
• Mexicans: must apply at U.S. consulate (2-8 weeks)
• No dual intent — cannot directly pursue green card
• Low filing fees vs H-1B

Note: While TN does not have dual intent, TN holders may pursue green cards through other means (e.g., EB-1A, EB-2 NIW) while maintaining TN status.