Los Angeles Employment Visa Lawyer
Trusted employment visa lawyers with nearly three decades of experience.
If you are an employer looking to hire foreign national workers, or a foreign national seeking to work lawfully in the United States, the employment visa process involves detailed documentation requirements, strict eligibility standards, and deadlines that vary depending on the visa category.
As a case moves through USCIS or the Department of Labor, having guidance that already knows the process makes a real difference. Our Los Angeles employment visa lawyers at Bolour / Carl Immigration Group, APC have been handling employment-based immigration matters for employers and employees alike for nearly three decades.
Employment Visa Lawyer Los Angeles, CA
Employment-based immigration includes a wide range of visa categories, each with its own eligibility requirements, filing procedures, and limitations. Some are tied to a specific employer and job offer, while others are based on the applicant’s qualifications, professional skills, or extraordinary ability in their field.
An employment visa attorney in Los Angeles can help employers identify the right visa category for a prospective hire, prepare and file the required petitions, and guide both employers and employees through each stage of the immigration process.
Types of Employment Visa Cases We Handle in Los Angeles
At Bolour / Carl Immigration Group, APC, we represent both employers and employees across a broad range of employment visa matters in Los Angeles and throughout California.
- H-1B visas. The H-1B covers specialty occupations in a specific field. Before petitioning USCIS, employers must file a Labor Condition Application with the Department of Labor certifying that the foreign worker will be paid the prevailing wage. Most H-1B petitions are subject to an annual cap and a lottery, which means the filing window each spring is the only opportunity most employers have to bring on new H-1B workers for that year.
- O-1A visas. The O-1A is for individuals who have reached the top of their field in the sciences, education, business, or athletics. The evidentiary burden is substantial, though. USCIS requires documentation of sustained national or international recognition, such as major awards, published contributions to the field, high salary relative to peers, or a critical role in distinguished organizations.
- O-1B visas. The O-1B applies to individuals with extraordinary achievement in the arts, film, or television. Given Los Angeles’s position in the entertainment industry, this is a category many employers in the area rely on regularly for foreign national talent. The evidentiary criteria differ from the O-1A and are specific to the arts and entertainment fields, focusing on things like critical recognition, lead or starring roles, and commercial success.
- L visas. The L-1 allows a multinational company to transfer an employee from a foreign office to a U.S. location. The L-1A covers managers and executives, and the L-1B covers employees with specialized knowledge of the company’s products, services, or procedures. Both require that the employee has worked for the foreign entity for at least one continuous year within the three years before the transfer.
- E-2 Treaty Investor visas. The E-2 is available to nationals of countries that maintain a qualifying treaty with the United States who invest a substantial amount of capital in a U.S. business. This visa allows the investor to direct and develop the enterprise, and can also cover certain employees of an E-2 business.
- E-3 visas. Available exclusively to Australian nationals in specialty occupations, the E-3 requires a Labor Condition Application, like the H-1B, and is subject to an annual cap, though it is rarely oversubscribed.
- TN visas. Under the United States-Mexico-Canada Agreement, Canadian and Mexican nationals in certain professional categories may qualify for TN status.
- H-2B visas. This program allows U.S. employers to bring foreign workers to the United States for temporary non-agricultural jobs when there are not enough U.S. workers available. The program is subject to an annual cap and requires employer certification through the Department of Labor.
- Employment-based green cards. For employers and employees seeking a permanent immigration solution, employment-based green cards offer a path to lawful permanent residence. We handle PERM labor certification, I-140 immigrant petitions, and adjustment of status applications for qualifying employees across the EB-1, EB-2, and EB-3 preference categories.
Each of these categories carries its own filing requirements, evidentiary burden, and procedural deadlines, so choosing the right one from the outset can save an employer significant time and cost down the line.
Why Choose Bolour / Carl Immigration Group, APC for Employment Visas in Los Angeles, CA?
Decades Representing Employers and Employees
Bolour / Carl Immigration Group, APC has focused exclusively on immigration law since the firm’s founding, representing both the employer side and the employee side depending on the needs of the case.
Ally Bolour is the Managing Partner of the firm, a graduate of Southwestern Law School, and a member of the California State Bar and the Los Angeles County Bar Association. He has received multiple national and international awards for his immigration work. Alexander Carl is a Partner at the firm, a graduate of Loyola Law School, and a member of both the California State Bar and the American Immigration Lawyers Association, and both attorneys work across a wide range of industries and with foreign nationals at every stage of the immigration process, from initial visa petitions through permanent residence.
Understanding Employment Visa Cases
Visa Categories and Eligibility Requirements
For nonimmigrant employment visas, eligibility generally depends on one or more of the following:
- The nature of the position: Many work visas, including the H-1B and E-3, require the job to qualify as a specialty occupation with specific educational requirements.
- The applicant’s qualifications: Visas such as the O-1A and O-1B require demonstrating extraordinary ability or achievement through documented evidence rather than a specific degree.
- The employer’s role: Most employment-based visa categories require a sponsoring U.S. employer to file a petition on behalf of the foreign national worker. The employer’s size, industry, and relationship to any foreign affiliate can affect which categories are available.
- Country of nationality: Some visa categories, including the E-3 and TN, are limited to nationals of specific countries based on treaty agreements with the United States.
- Annual caps and lottery selection: The H-1B and H-2B programs are subject to annual numerical caps. When demand exceeds the cap, USCIS conducts a lottery to select which petitions will be processed.
For employment-based green cards, the process typically begins with a PERM labor certification filed with the U.S. Department of Labor, followed by an I-140 immigrant petition filed with USCIS, and then an adjustment of status application or consular processing depending on where the applicant is located.
Important Aspects of Your Employment Visa Case
Several issues come up consistently in employment visa matters that are worth understanding before the process begins.
- Classification affects everything downstream. Choosing the wrong visa category, or applying under one that does not accurately reflect the position or the applicant’s qualifications, can lead to denial or create complications when extending status or changing employers.
- Employer obligations are significant. H-1B employers must comply with the Labor Condition Application, which sets wage and working condition requirements. Noncompliance can result in penalties, debarment from the program, and liability to the employee.
- The H-1B cap season is a hard deadline. USCIS accepts cap-subject H-1B petitions during a specific window each spring. Employers who miss it cannot file again until the following year.
Catching these issues before a petition is filed is usually the difference between a straightforward case and a drawn-out one.
Employment Visa Case Timeline
Timelines vary considerably across employment visa categories, and knowing what to expect helps set realistic expectations from the start.
- H-1B cap petitions are tied to a fixed annual government cycle. There is one window each year to register and, if selected, one window to file. Employers who are not ready to move when that window opens have to wait until the following year.
- Cap-exempt H-1B petitions, available to qualifying nonprofits, universities, and research institutions, are not constrained by the annual cycle and can be filed at any point during the year.
- O-1 and L visa petitions have no annual filing window and no numerical limit on approvals. Premium processing brings a decision within 15 business days; without it, timelines vary depending on current agency workload.
- PERM labor certification is the first stage of most employment-based green card cases and is filed with the Department of Labor rather than USCIS.
- I-140 petitions and adjustment of status follow PERM approval, but how long the applicant waits for a visa number depends on their preference category and country of birth.
These timelines also factor directly into hiring plans, since a start date that hinges on a pending petition needs to be set with the actual processing reality in mind.
California Legal Resources for Employment Visa Matters
The following government resources provide reliable information on U.S. employment visa categories, application procedures, and employer obligations:
- USCIS Working in the United States: Overview of nonimmigrant and immigrant work visa categories, eligibility requirements, and how to apply
- U.S. Department of Labor Foreign Labor Certification: Information on PERM labor certification, Labor Condition Applications, and employer compliance requirements
- USCIS Employment-Based Immigration: Details on the EB-1, EB-2, and EB-3 preference categories and the employment-based green card process
- USCIS H-1B Specialty Occupations: Cap information, eligibility requirements, and the petition process for H-1B employers
- USCIS O-1 Visa Extraordinary Ability: Eligibility criteria and evidentiary requirements for O-1A and O-1B petitions
These resources are a solid starting point for background reading, but every employment visa case turns on its own facts, which is where working with an attorney directly makes the difference.
Reach Out to Bolour / Carl Immigration Group, APC to Schedule a Consultation
If you are an employer in Los Angeles, CA seeking to hire foreign national workers, or a foreign national looking to secure work authorization in the United States, contact us to schedule a consultation. Our employment visa lawyers work on a flat-fee basis, so you understand the cost of your case from the start. Ready to move forward with your employment visa plans? Let’s talk.
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