Launch Your American Career
The United States offers numerous pathways for international professionals to work legally. From temporary work visas to permanent employment-based green cards, we’ll identify the best strategy for your skills and career goals. Our attorneys specialize in navigating complex employment immigration, helping both workers and employers succeed.
Work Visa Journey
From job offer to work authorization – streamlined process
Assessment
Evaluate qualifications and determine best visa category
Labor Certification
File PERM or LCA if required for position
Petition Filing
Submit employer petition with USCIS
Processing
Track petition and respond to any RFEs
Visa/Status
Obtain visa stamp or change status
Begin Work
Start employment in the United States
Work Visa Categories
Each visa category has specific requirements and benefits.
We’ll match your qualifications to the optimal visa pathway for success.
H-1B Specialty Occupation
For professionals in specialty occupations requiring bachelor’s degree or higher. Subject to annual cap and lottery system.
Duration: 3 years, extendable to 6L-1 Intracompany Transfer
For managers, executives (L-1A) or specialized knowledge workers (L-1B) transferring within multinational companies.
L-1A: 7 years / L-1B: 5 yearsO-1 Extraordinary Ability
For individuals with extraordinary ability in sciences, arts, education, business, athletics, or extraordinary achievement in motion picture/TV.
Initial: 3 years, unlimited extensionsE-2 Treaty Investor
For nationals of treaty countries making substantial investment in U.S. business. Includes key employees.
2 years, unlimited renewalsTN NAFTA Professional
For Canadian and Mexican citizens in specific professional occupations under USMCA (formerly NAFTA).
3 years, unlimited renewalsEB Green Cards
Employment-based permanent residence for priority workers (EB-1), advanced degree holders (EB-2), skilled workers (EB-3).
Permanent residence pathwayWHY CHOOSE ATLAS
Expert Employment Immigration
STRATEGIC PLANNING
We develop comprehensive immigration strategies aligned with your career goals, considering both temporary and permanent options.
PERM LABOR CERTIFICATION
Handle complex PERM processes including prevailing wage determinations, recruitment, and audit responses for green card applications.
PREMIUM PROCESSING
Expedite eligible petitions with premium processing for 15-day decisions. We manage all aspects of accelerated filing.
COMPLIANCE SUPPORT
Ensure employer compliance with LCA requirements, public access files, and I-9 regulations to avoid penalties and maintain status.
Frequently Asked Questions
Get answers to common work visa questions
- Regular cap: 65,000 visas for all applicants
- Master’s cap: Additional 20,000 for U.S. master’s degree holders
- Lottery process: USCIS conducts electronic registration in March, random selection follows
- Cap-exempt employers: Universities, non-profit research organizations, and government research organizations are exempt
H-1B: New employer must file H-1B transfer petition. You can start working upon filing (portability provision) but risk denial consequences.
L-1: Cannot change employers as it’s company-specific. Would need entirely new visa.
O-1: New employer must file new O-1 petition or be added as agent.
TN: Can change employers by obtaining new TN approval at border or through USCIS.
Green card process: May need to restart PERM if not past I-140 approval with 180+ days pending I-485.
- EB-1 (Extraordinary ability/Multinational managers): Current for most countries, 1-2 years total
- EB-2 (Advanced degree/Exceptional ability): Current except India (10+ years) and China (4-5 years)
- EB-3 (Skilled/Professional workers): 2-3 years, except India (10+ years) and China (5-6 years)
- PERM Labor Certification: 6-12 months before I-140 can be filed
- I-140 Processing: 4-6 months (15 days with premium processing)
- I-485 Adjustment: 8-14 months once priority date is current
- Find new employer: New employer must file H-1B transfer petition before grace period ends
- Change status: Apply to change to another visa status (F-1 student, B-2 visitor, etc.)
- Leave the U.S.: Depart and potentially apply for new visa from abroad
• Grace period is once per authorized validity period
• Cannot work during grace period until new H-1B is filed
• If laid off after I-140 approval with I-485 pending 180+ days, may port to new employer
• Severance packages may affect grace period start date
We recommend immediately consulting an attorney to explore all options and ensure timely action.
H-4 (H-1B dependents): Eligible for EAD if H-1B holder has approved I-140 or is in 6th year+ under AC21. Processing takes 3-5 months.
L-2 (L-1 dependents): Automatically authorized to work upon admission. Can apply for EAD for evidence but not required.
E-2 dependents: Spouses can apply for work authorization (EAD). Children cannot work.
O-3 (O-1 dependents): Cannot work. No work authorization available.
TD (TN dependents): Cannot work. Must obtain own work visa.
F-2 (F-1 dependents): Cannot work or study full-time.
Note: Dependent children (except L-2) generally cannot obtain work authorization based on dependent status.
U.S. Bachelor’s degree: Direct qualification if degree is in field related to position.
Foreign degrees: Must obtain credential evaluation showing equivalence to U.S. bachelor’s or higher.
3-year bachelor’s + 1-year postgraduate: Some countries’ 3-year degrees plus postgraduate diploma may qualify.
Experience equivalency: 3 years of progressive work experience can equal 1 year of college. Need 12 years experience to equal bachelor’s degree.
Combination: Can combine education and experience. Example: 2-year associate degree + 6 years progressive experience.
Specific field requirement: Degree must be in field related to position (e.g., Computer Science for Software Engineer role).
We work with credential evaluators to assess foreign degrees and experience-based equivalencies.
1. Prevailing Wage Determination (2-4 months):
- DOL determines minimum wage for position
- Employer must pay at or above this wage
- Job order with state workforce agency (30 days)
- Two Sunday newspaper ads
- Three additional recruitment steps for professional positions
- Internal posting for 10 business days
- Wait after recruitment ends before filing
- Submit electronic application to DOL
- May receive audit (adds 6-12 months)
Total PERM timeline: 6-12 months without audit, 12-24 months with audit.
