EMPLOYMENT NON-IMMIGRANT VISA
Helping You Work, Grow, and Succeed in the U.S.
EMPLOYMENT NON-IMMIGRANT VISA
- 20+ Years of Successfully Supporting Workers and U.S. Companies
- Tailored Visa Strategies for Every Industry and Occupation
- Reviewed by a Former USCIS Officer to Help Maximize Approval Chances
- Flat Fees and Flexible Payment Plans Available
- End-to-End Guidance from Petition to Port of Entry
EMPLOYMENT NON-IMMIGRANT VISA
Employment-based non-immigrant visas allow foreign nationals to live and work in the United States for a limited time. Unlike immigrant visas (green cards), these are temporary in nature, though some can be a stepping stone toward permanent residency.
Each visa is tied to specific job types, industries, or employment relationships. Some are employer-sponsored, while others cater to individuals with extraordinary skills or qualifications. Choosing the right one depends on your job role, background, and goals.
WHO WE HELP
If you are any of the following you can apply for an employment non-immigrant visa.
- Skilled Professionals in Tech, Engineering, or Finance
- Scientists, Researchers, and Academics
- Artists, Performers, and Creative Talent
- Healthcare Professionals
- Citizens of Canada or Mexico with Job Offers in the U.S.
- Investors and Entrepreneurs from Treaty Countries
- Religious Workers and Ministers
THE EMPLOYER SPONSORSHIP PROCESS
Most employment visas (especially H-1B, L-1, O-1) require employer sponsorship, meaning a U.S.-based company must offer you a job and handle the initial paperwork.
Here’s what the process looks like:
Job offer and contract
File a Labor Condition Application (for H-1B)
Submit Form I-129 to USCIS
Wait for petition approval
Apply for visa at a U.S. consulate abroad
Employers must meet wage requirements, demonstrate a real need for the role, and remain compliant with immigration laws. A site visit may also be required by USCIS for certain visas.
WHAT EMPLOYEES NEED TO KNOW
If you’re the one applying for the visa, here’s what you should keep in mind:
Qualifications: You must meet the education or experience criteria for the specific visa.
No freelancing: Most employment-based visas don’t allow side gigs or switching jobs without notice.
Keep your status: Any changes in your employment (termination, leave, change of role) must be reported.
Dependents: Most visas allow your spouse and children to come with you under dependent visas (e.g., H-4, L-2).
PROCESSING TIME AND AVAILABILITY
Processing times vary based on the visa type and whether you use Premium Processing (15 calendar days). For H-1B, due to the lottery system, timelines can stretch several months.
Typical validity periods:
H-1B: 3 years, renewable once
L-1A: 1 to 7 years depending on role
O-1: Up to 3 years
TN: 3 years, renewable
Always track your visa expiration and start extensions early.
DIFFERENT TYPES OF EMPLOYMENT VISA
H-1B Visa – Specialty Occupations
The most popular work visas for individuals with a U.S. job offer. It’s valid for 3 years and extendable to 6 years. Requires employer sponsorship & LCA.
L-1 Visa – Intracompany Transferees
Ideal for employees of multinational companies who are being transferred to a U.S. office. Valid from 7-5 years depending on whether its L-1 or L1-B Visa.
O-1 Visa – Extraordinary Ability
Ideal for individuals who possess extraordinary ability or achievement in their field, whether that’s the arts, sciences, education, business, or athletics. Valid for 3 years, with extensions available.
TN Visa – For Canadian and Mexican Professionals
Thanks to the USMCA (formerly NAFTA), this visa allows citizens of Canada and Mexico to work in the U.S. in certain professional roles. Renewable in 3-year increments.
E-1 and E-2 Visas – Treaty Traders and Investors
These are available to nationals of countries that have a treaty with the U.S. Usually 2 years, with unlimited renewals.These are available to nationals of countries that have a treaty with the U.S. Usually 2 years, with unlimited renewals.
R-1 Visa – Religious Workers
Other employment Visas such as H-2A, H-2B, P Visas, and Q-1.
Other Employment Visas (Briefly)
Providing legal representation in immigration court for individuals facing deportation
Real Immigration Stories
From job offer to work visa: real stories of courage, talent, and trusted guidance.
When Ravi, an experienced software engineer from India, received a job offer from a U.S. tech firm, he was thrilled — but overwhelmed by the H-1B process. After a previous rejection due to paperwork errors, he reached out to us. We carefully reviewed his credentials, corrected past mistakes, and prepared a strong, well-documented petition. His case was reviewed and approved within weeks. Today, Ravi is thriving in Silicon Valley, contributing to cutting-edge innovations while working toward permanent residency. Real success stories like Ravi’s remind us: with the right strategy and legal support, the American dream isn’t just possible — it’s within reach.
LET’S TALK
Frequently Asked Questions
Yes, some employment-based non-immigrant visas allow for dual intent, meaning you can apply for permanent residency while working in the U.S.
H-1B and L-1 are dual intent.
TN, O-1, and others may require more careful planning.
The typical route:
Employer files a PERM labor certification.
Submit an immigrant petition (Form I-140).
Apply for Adjustment of Status or attend a consular interview abroad.
Not sure you qualify for an employment-based visa? Consider:
F-1 OPT: Optional Practical Training for students.
B-1 Visa: Business visitors (short-term).
Self-sponsorship (EB-2 NIW): For individuals with advanced degrees and work benefiting the U.S.
Each path has pros, cons, and requirements. We can help you choose what fits.
Starting work too early: Wait for approval before working.
Letting your visa lapse: Stay on top of expiration and renewals.
Assuming any employer can sponsor you: Only qualified U.S. employers can.
Changing roles without reporting: This can jeopardize your visa status.
Filing without legal help: Immigration law is complex — errors can delay or derail your application.
Yes. Most employment visas allow dependents (spouse and children under 21) to join you under their own visa category (e.g., H-4, L-2).
Yes, but your new employer must file a new petition. You can begin working once USCIS receives the transfer petition.
Usually, you have a 60-day grace period to find a new sponsor, change status, or leave the U.S.
How Can We Help?
Navigating U.S. work visas can be overwhelming, but you don’t have to do it alone. Papagikos Law can provide legal guidance and assistance with your Visa application.
