What we handle
New hires, transfers from affiliates abroad and changes for employees already here.
-
H-1B cap registrations and petitions
The annual registration, the petition for selected candidates and the change of status to start Oct. 1.
-
Cap-exempt H-1B petitions
For universities, affiliated nonprofits and nonprofit or government research organizations.
-
Transfers, extensions and amendments
New employers, extensions toward the six-year limit and amendments when the worksite or job changes.
-
L-1 transfers
L-1A managers and executives and L-1B specialized knowledge employees, including blanket L programs.
-
O-1A petitions
For people with extraordinary ability in science, business, education or athletics.
-
TN and E-3
Professionals from Canada and Mexico, and from Australia.
How an H-1B case works
Six steps for a new cap case. Cap-exempt employers skip the registration and file any time of year.
-
Confirm the job qualifies
The role must be a specialty occupation, requiring at least a bachelor’s degree in a specific field or its equivalent.
Who: the employer and the firm
-
Register
Each spring, the employer registers the candidate electronically with USCIS. If registrations exceed the annual numbers, USCIS runs a selection.
Who: the firm registers for the employer
-
File the labor condition application
We file the LCA with the Department of Labor, attesting to the wage and working conditions.
Who: the firm; the Department of Labor certifies
-
File the petition
For a selected candidate, the employer files Form I-129 with the certified LCA during the filing period.
Who: the firm files for the employer
-
The decision
USCIS approves, denies or issues a request for evidence. Premium processing is available for many petitions.
Who: USCIS
-
Start work
Cap petitions start Oct. 1. Employees abroad first get the visa at a consulate.
Who: the employee, with the firm’s preparation
Comparing the three visas
Each fits a different person. Some employees qualify for more than one.
-
H-1B
Specialty occupations
For roles that require a degree. Subject to an annual cap for most employers, with a six-year limit that can extend while a green card is pending.
-
L-1
Transfers from an affiliate abroad
For employees who worked abroad for a related company for at least one continuous year in the past three. No annual cap.
-
O-1A
Extraordinary ability
For people at the top of their field, shown by awards, publications and other evidence. No annual cap and no degree requirement.
Representative matters
A few recent work visa matters, described without client names.
-
Startup
O-1A approval for a machine learning researcher after the candidate was not selected in the H-1B registration.
-
Transfer
Blanket L program for a European engineering company opening its first U.S. office.
-
Hospital
Cap-exempt H-1B petitions for physicians at an academic medical center affiliated with a university.
-
Worksite
Amended petitions for a team of consultants after a client moved its operations to another state.
Attorney advertising. Prior results do not guarantee a similar outcome. Every case turns on its own facts.
Common questions
Can an H-1B employee start with us before the transfer is approved?
Often yes. An employee in valid H-1B status can generally start once the new petition is filed. We confirm eligibility first.
What if our candidate is not selected?
We look at O-1, L-1, cap-exempt employment and other options before the next registration season.
Do we need a new petition if the employee works from home?
It depends on whether the new worksite is in the same area. A move outside the area usually requires an amended petition.