The right work visa depends on your profession, your nationality, and your relationship with the employer. An attorney reviews those facts, compares the H-1B, L-1, O-1, and TN options, and prepares the petition. The H-1B is intended for specialty occupations that normally require at least a bachelor's degree, and the employer first obtains an LCA from the Department of Labor. Vasquez Law Firm serves employers and professionals in Florida from Orlando and by video.
- The H-1B is for specialty occupations that normally require a related bachelor's degree.
- The employer first obtains an LCA from the Department of Labor.
- This guide compares the H-1B, L-1, O-1, and TN.
- Annual caps, processes, and fees change, so it is wise to confirm them with official sources.
Introduction
If a company wants to hire you in the United States, or if you need authorization to work, the right visa depends on your profession, your nationality, and your relationship with the employer. An H-1B visa attorney reviews those facts, compares the H-1B, L-1, O-1, and TN options, and prepares the petition. To schedule a consultation, call 1-844-YO-PELEO or contact us.
At Vasquez Law Firm, we serve employers and professionals throughout Florida from Orlando and by video call, in English and Spanish. This guide explains each category, which documents are needed, when a work permit makes more sense than sponsorship, and how to prepare for a first consultation. It also clarifies what attorneys can and cannot do in this type of case, so that you have realistic expectations from the start.
This content is general information and is not legal advice. Annual caps, selection processes, fees, and agency criteria change, and each case depends on its particular facts. Confirm current information with official sources and with an attorney.
H-1B Visa: Professional Occupations
The H-1B is for jobs in a "specialty occupation," meaning positions that normally require at least a bachelor's degree in a related field, such as engineering, information systems, accounting, or medicine. The employer first obtains a Labor Condition Application (LCA) from the Department of Labor, in which it commits to paying the required wage, and then files Form I-129 with USCIS.
Most private employers are subject to the annual cap and must take part in an electronic registration and selection process before they can file the petition. Some employers, such as many universities and affiliated nonprofit research organizations, are exempt from that cap. A person who already holds H-1B status and changes employers generally does not go back into the lottery.
An attorney reviews whether the position qualifies, whether the worker's degree matches, and whether the job description withstands the questions USCIS typically asks. The attorney also checks that the offered salary meets the required level for the position and the work location, and that the duties described match what the person will actually do every day, because a generic description copied from a job ad can weaken the petition. More information on our H-1B visa for professionals page.
L-1 Visa: Transfers Within the Same Company
The L-1 allows a company with offices abroad to transfer an employee to a related office in the United States. In general, the person must have worked for the company abroad for at least one continuous year within the previous three years. There are two types:
- L-1A for managers and executives.
- L-1B for employees with specialized knowledge of the company's products, processes, or procedures.
There is also the L-1 for opening a new office in the United States, with additional requirements regarding the premises, the business plan, and the capacity of the foreign company. An attorney helps document the relationship between the companies and the worker's actual duties, which is where these cases are most often questioned. The evidence usually includes ownership and control documents for both companies, organizational charts, job descriptions, payroll records for the worker abroad and, for a new office, lease agreements and hiring plans. The person seeking this visa is often the owner of a small family business in Mexico, Colombia, or Venezuela who wants to expand to Florida.
O-1 Visa: Extraordinary Ability
The O-1 is for people who have achieved sustained national or international recognition in their field. The O-1A covers sciences, education, business, and athletics; the O-1B covers the arts and the motion picture and television industry. The evidence may include major awards, published material about the person, memberships in associations that require outstanding achievements, a high salary compared with others in the field, and letters from recognized independent professionals in the area explaining the importance of the person's work.
In general, the petition also requires an advisory opinion from a professional group or labor union in the field. An attorney organizes that evidence so that each criterion is clearly demonstrated. The person seeking this visa is often an artist, athlete, researcher, or entrepreneur who does not know whether their career is enough. The answer depends on the evidence, not on the job title.
The Florida Bar's advertising rules limit how an attorney may describe themselves. What is useful is to ask any attorney what kind of evidence they have submitted in cases similar to yours and how they plan to organize it.
TN Visa for Professionals from Mexico and Canada
The TN exists under the USMCA treaty for Mexican and Canadian citizens who will work in one of the professions on the treaty's list, such as engineer, accountant, scientist, or certain health professionals. Canadians normally apply for the TN at the port of entry, while Mexicans need a visa from a consulate before traveling.
An attorney reviews whether the position and degree fit exactly into the category on the list, because an imprecise description is a common cause of denial. The TN is not an immigrant visa, so you must be careful about the intent not to stay permanently when you submit the application, and review how future residence plans are handled. Professionals on the list should also keep in mind that the employment must be temporary in nature, and that the category can be renewed but is not an automatic path to a green card.
Work Permit (EAD)
Not everyone needs an employer to sponsor them. Many people can apply for a work permit, the EAD card, using Form I-765, depending on their category: asylum applicants after the waiting period, people with a pending adjustment of status, TPS or DACA beneficiaries, and some spouses of visa-holding workers, among others.
An attorney confirms your category, checks whether your current permit has an automatic extension, and lets you know when to renew. See our work permit page. Remember that the permit depends on the underlying case, and that you can lose it if that case ends.
How a Work Visa Petition Is Prepared: General Steps
Although each visa has its own details, an employment petition usually follows this path:
- Evaluate the appropriate category based on the position, profession, and nationality.
- Review the degree, experience, and job offer.
- Prepare the preliminary labor steps, such as the LCA in the case of the H-1B.
- Gather the evidence and supporting letters.
- File the petition with USCIS or the application with the consulate.
- Respond to requests for evidence and prepare for the interview, if applicable.
The employer and the worker have different tasks. The company provides information about the position, the salary, and its structure; the worker provides personal and academic documents. Good coordination avoids contradictions between what one and the other say.
Changing Employers, Extensions, and the Path to Residence
Once a worker is in the United States on a work visa, common questions arise. If you change employers, the new employer normally must file its own petition, and for the H-1B there are rules about when you may begin working for the new company. If the visa is about to expire, an extension must be filed in advance, according to the current instructions.
Many people on work visas want permanent residence. Some employment categories, such as those for professionals with advanced degrees or extraordinary ability, can lead to a green card, with procedures that sometimes include a preliminary labor step and other times allow self-petitioning. H-1B visas and L-1 visas allow what is called dual intent, meaning you can seek residence without that invalidating the temporary status, while other categories are stricter.
For that reason, it is wise to make a long-term plan from the start. An attorney can explain how your current visa fits into a path to residence, which dates matter, and which job decisions it is best to avoid. These include changes of position, duties, or company without prior review.
What the Employer Must Provide
The employer takes on real responsibilities when it sponsors a worker. It must offer a genuine position, pay the appropriate wage, maintain the stated conditions, and keep documents that the agencies may review. If the position changes significantly, or if the worker stops working, it may be necessary to give notice or file an amendment.
A small company may also have questions about its ability to pay, its structure, or its history. An attorney can help anticipate those questions and prepare the company's documents, such as tax returns, organizational charts, and contracts. This prevents a problem on the employer's side from affecting the worker's petition.
Document Checklist for a Work Visa Consultation
- Passport, prior visas, and I-94 record.
- Degrees, diplomas, and foreign credential evaluations.
- The job offer or a description of the position.
- For L-1: information about the foreign company and its relationship to the U.S. company.
- For O-1: awards, publications, letters, and press about your work.
- Any USCIS notice or prior denial.
- Updated resume and letters from previous employers.
If you do not have everything, come with what you have. An attorney can tell you what is missing, how to obtain it, and which documents matter most for your category. It is also wise to ask whether any foreign degree needs a credential evaluation.
Timelines and What to Expect
USCIS and consulate processing times change, and some categories depend on annual caps or registration processes with their own calendars. The agencies publish current information on their official websites, and we do not promise dates or results. What we do is explain the risks of each option clearly.
To plan, know the expiration date of your current status and the calendar for the process that applies to you. Filing with reasonable advance notice helps avoid interruptions in employment.
| Stage | What happens | Who acts |
|---|
| Evaluation | The category is defined and the requirements are reviewed | Client, employer, and attorney |
| Labor step | For the H-1B, the LCA with the Department of Labor | Employer |
| Petition | Form I-129 with USCIS or consular application | Employer and attorney |
| Response | Request for evidence, if any | Attorney and employer |
| Decision | Approval, denial, or other response | USCIS or consulate |
How to Respond to a Request for Evidence in a Work Visa Case
Work visa petitions frequently receive requests for evidence (RFEs). This does not mean the petition will be denied, but it does mean the agency needs more information, for example about whether the position truly requires a degree, about the relationship between the companies in an L-1 transfer, or about an O-1 criterion. The notice states the exact points and the deadline.
The most useful approach is to respond with precise, organized documents and a letter explaining how each one answers what was requested. Avoid sending duplicate information and check that each document is legible, complete, and consistent with what was stated in the original petition. If the employer must provide information, let them know right away, because deadlines are usually short and are not easily extended.
Cost Factors and Fee Breakdown
The cost of a work visa includes agency fees, employer costs, and legal fees, and it varies by category.
| Item | Amount | Notes |
|---|
| USCIS petition fees | Check USCIS for the current fee | They vary by category and employer size |
| H-1B registration | Check USCIS for the current fee | Only if the selection process applies |
| Consular fees | Check USCIS for the current fee | The Department of State publishes the amounts |
| Credential evaluation and translations | Varies by case | Depending on the documents |
| Legal fees | Varies by case | Explained in writing before you hire |
Official fees change, and some depend on characteristics of the employer. Always check the current form instructions and confirm the amounts on the USCIS and Department of State websites before paying.
For work visas, there are rules about which costs the employer may pass on to the worker, so it is wise to ask before signing. Ask for a written agreement about what the service includes, and be wary of anyone who guarantees a result.
Common Mistakes to Avoid
- Choosing the category on an acquaintance's suggestion without reviewing the position and degree.
- Describing the position vaguely or generically.
- Not documenting the relationship between the companies in an L-1 transfer.
- Filing an O-1 with evidence that does not show sustained recognition.
- Assuming that a current work permit does not expire.
- Ignoring a request for evidence or its deadline.
- Working before having the corresponding authorization.
When to Call an Attorney
Consult an attorney before accepting an offer that depends on a visa, before changing employers, when your status is about to expire, or when you receive a request for evidence or a denial. Verify the license with The Florida Bar and ask for the agreement in writing. To get started, contact us for a consultation.
About Vasquez Law Firm
Vasquez Law Firm practices immigration law only. Our only office is at 1111 E Amelia Street in Orlando, Florida. We serve clients across the state by phone and secure video, and in-person meetings take place in Orlando. The firm's founder is attorney William J. Vásquez, and consultations are offered in English and Spanish. We serve companies and workers in Miami, Tampa, Jacksonville, and the rest of the state remotely. To speak with our team, call 1-844-YO-PELEO or write to us from our contact page.
Sources and References
Related services: H-1B visa for professionals, immigration lawyers in Florida
Other ways people search for this
People look for this help under different names. Related searches include l-1 visa lawyer; o-1 visa lawyer extraordinary ability; l1 visa lawyers; l1 visa attorney; o1 visa lawyer; o-1 visa attorney; law firm specializing in o-1 visas; tn visa immigration lawyer; work permit lawyer.
This article is general information, not legal advice. Every case is different; speak with an immigration lawyer about your situation.
