Fairfax, VA H-1B, L-1, and O-1 Visa Lawyer

Fairfax Attorney Explaining the Differences Between Different Types of Temporary Work Visas

Navigating the U.S. immigration system can be difficult due to the different types of visas that are available in different situations. For employers and employees who are addressing concerns related to employment-based immigration, it will be important to determine which visa type best suits a worker's qualifications and an employer's needs. H-1B, L-1, and O-1 visas are among the most commonly sought temporary work visas, and understanding the differences between these visa categories is essential for making the right choice.

The Estevez Group, PC, based in Fairfax, Virginia, provides invaluable support for employers and employees during the visa application process. We can help ensure that all requirements are met correctly and that the correct information is provided in a visa application. We can also provide guidance on how to address and overcome any obstacles that may arise in these situations.

Legal Help With Visa Selection and Applications

The application process for temporary work visas can be complex, involving rigorous requirements and strict deadlines. Our lawyer can make sure this process is completed correctly by:

• Helping employers determine the appropriate visa category for their workforce needs.
• Assisting employees in demonstrating eligibility through proper documentation and evidence.
• Preparing and filing petitions with U.S. Citizenship and Immigration Services (USCIS).
• Resolving challenges such as denied applications or requests for additional evidence.

H-1B Visas: Specialized Occupations

The H-1B visa provides temporary entry to the U.S. for workers in specialty occupations that require theoretical or technical expertise. Professions in fields such as technology, engineering, education, and healthcare commonly utilize this visa.

Key Requirements

• Employee Qualifications: Applicants must hold a bachelor's degree or higher in a field directly related to the job. In some cases, equivalent work experience may be considered.
• Employer Obligations: Employers must file a Labor Condition Application (LCA) with the Department of Labor to confirm that hiring a foreign worker will not negatively affect wages or working conditions for U.S. workers.
• Annual Cap: There is an annual limit on H-1B visas, with 65,000 regular visas and an additional 20,000 reserved for workers who have received advanced degrees from educational institutions in the United States.

The H-1B visa allows for an initial stay of three years, which can be extended up to a total of six years.

L-1 Visas: Intracompany Transfers

The L-1 visa allows employees within multinational companies to transfer from a foreign office to a U.S. office. It is typically used by organizations that need to leverage their global workforce. There are two subcategories: L-1A visas for executives or managers and L-1B visas for professional employees with specialized knowledge of the organization.

Key Requirements

• Employee Qualifications: The employee must have worked for the company abroad for at least one year in the preceding three years.
• Employer Obligations: The U.S. employer must have a qualifying relationship with the foreign entity where the employee has worked abroad, such as a parent, subsidiary, or affiliate company.
• Duration: L-1A and L-1B visas allow for a stay of one year when an employee is establishing a new office in the United States or three years for other employees. Extensions may be granted up to a total of five years.

O-1 Visas: Extraordinary Ability

The O-1 visa is reserved for workers who have demonstrated extraordinary abilities in fields such as science, education, business, athletics, or the arts. USCIS defines extraordinary abilities as being among the very best in a certain field.

Key Requirements

• Employee Qualifications: Applicants must provide evidence of extraordinary ability, such as awards, high-profile achievements, publications, or significant contributions to their field.
• Employer Obligations: Employers or agents must file a petition on behalf of the applicant, including a detailed explanation of the individual's qualifications and the work to be performed in the United States.
• Duration: The O-1 visa is initially granted for the length of a specific event or project, up to three years, with the possibility of one-year extensions for ongoing work.

Choosing the Correct Visa Type

Determining the appropriate visa depends on several factors:

• Nature of Employment: H-1B visas are used to fill specialized roles requiring specific educational qualifications, while O-1 visas will typically be used in situations where foreign workers have exceptional accomplishments. There are strict limits on the number of H-1B visas available, so workers who qualify may prefer to use O-1 visas. L-1 visas may be used when a person is already employed by a company and is seeking to transfer to a United States office. L-1B visas may be an option for specialty workers who have not been able to obtain H-1B visas after they have already begun working for an employer outside of the United States.
• Employer's Needs: Employers must assess their workforce requirements. The choice of visa will depend on whether they are seeking to fill a highly skilled position, transfer key personnel into the U.S., or hire someone with extraordinary talents.
• Employee Qualifications: Each visa has unique requirements for education, experience, and achievements. An employee's credentials must be matched to the visa type, and all required documentation must be submitted to demonstrate that the employee meets the qualifications for a specific type of visa.

Contact Our Fairfax, Virginia Employment Visa Attorney

Selecting the right type of temporary work visa is crucial when employers are sponsoring employees for entry to the United States. At The Estevez Group, PC, our lawyer can provide legal help to employers who are seeking to expand their workforce and professionals who are pursuing career opportunities in the U.S. We will provide guidance to help our clients navigate the complex immigration system. Contact our office at 703-829-5179 to arrange a free consultation.