Professional work visas
There are several categories of temporary work visa. Each has its own qualifications and rules, and picking the wrong one costs months.
For employers and professionals, the right work visa depends on the job, the worker's nationality, and the timeline. Our immigration lawyers in Franklin, just south of Nashville, handle H-1B, L-1, E-1, E-2, and E-3, TN, R-1, and I petitions, and employment-based green cards, for Tennessee companies and for employers and workers across the country.
E category
E-1 treaty traders and E-2 treaty investors for nationals of treaty countries, including Australia, the UK, Canada, and most of Europe. Australians also have access to the E-3, a professional visa with its own annual allotment.
H category
H-1B for specialty occupations, subject to the annual lottery unless the employer is cap-exempt. H-2B for seasonal workers. We handle the labor condition application, the petition, and the extensions.
L category
L-1A for managers and executives and L-1B for specialized knowledge employees transferring from a foreign office to a U.S. affiliate. The L-1A is also the most direct route to an EB-1C green card.
TN, R, and I categories
TN professionals under the USMCA for Canadian and Mexican citizens, R-1 for religious workers, and I visas for foreign media representatives.
Employment-based green cards
PERM labor certification, EB-2 and EB-3 petitions, and the EB-2 National Interest Waiver for those whose work benefits the United States. We advise employers on compliance from the first recruitment step.
How a case works with us
- StrategyWe compare the categories that fit the job and the worker, and flag timing issues early, such as the H-1B registration calendar or a status that is about to expire.
- Employer stepsWhere the category requires it, we prepare the labor condition application or labor certification, and gather the company, job, and qualification evidence.
- Petition or applicationWe file with USCIS, or prepare the application for a U.S. consulate. Canadian TN professionals can usually apply at the port of entry.
- Staying in statusExtensions, amendments when the job changes, and the path to a green card when the employer wants to keep the worker long term.
Common questions
Does every H-1B go through the lottery?
New H-1B workers for most employers are selected through an annual registration lottery. Universities and certain affiliated nonprofit and government research organizations are cap-exempt, and extensions or transfers of an existing H-1B generally do not go through the lottery again.
Can my company transfer me from an office abroad?
Often, with an L-1. You generally need one continuous year of work for the related company abroad within the last three years, and the U.S. role must be managerial or executive (L-1A) or use specialized knowledge (L-1B).
Is there a work visa just for Australians?
Yes. The E-3 is for Australian citizens coming to work in a specialty occupation, usually one that requires a bachelor's degree. It has its own annual allotment and no lottery. Our founding attorney is originally from Australia and knows this route well.
Can a work visa lead to a green card?
Many can. The usual routes are employer sponsorship through labor certification (PERM) and an EB-2 or EB-3 petition, the EB-2 National Interest Waiver, or EB-1 for people at the top of their field. L-1A managers and executives may qualify for EB-1C.
General information, not legal advice for your case. Every situation is different; a consultation confirms what applies to you.
Forms and categories we handle here
Your attorneyMichael SmallboneLicensed in Tennessee. Adjunct Professor of Immigration Law, Nashville School of LawReady to talk to an attorney?
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