Obtaining a Work Visa for Your Foreign Employees

U.S. employers often rely on foreign national employees to meet specialized staffing and business needs. Our firm assists employers and employees in identifying the appropriate immigration classification and navigating the petition and application process.

We advise businesses, nonprofit organizations, educational institutions, religious organizations, professionals, and other individuals regarding a variety of temporary employment-based visa classifications and employment authorization options, including:

• H-1B – Specialty Occupation Workers: The H-1B classification allows U.S. employers to employ qualified foreign professionals in specialty occupations that generally require a bachelor’s degree or higher in a specific field, or its equivalent. Employers must comply with applicable wage and labor requirements. Many H-1B petitions are subject to an annual numerical limit and registration process, while certain employers and employees may qualify for exemptions from the annual cap.
• H-4 – Dependents of H-1B Workers: Spouses and qualifying children of H-1B workers may obtain H-4 dependent status. Certain H-4 spouses may also qualify for employment authorization when the principal H-1B worker has reached specified stages of the employment-based permanent residence process.
• F-1 – Students and Practical Training: International students in F-1 status may qualify for employment authorization related to their field of study through Curricular Practical Training (CPT) or Optional Practical Training (OPT). Eligible graduates in designated science, technology, engineering, and mathematics (STEM) fields may qualify for an additional 24-month STEM OPT extension when all applicable requirements are met.
• L-1 – Intracompany Transferees: The L-1 classification allows qualifying multinational companies to transfer certain employees from a related foreign organization to the United States. L-1A classification is available to qualifying managers and executives, while L-1B classification is available to employees with specialized knowledge. In general, the employee must have worked for a qualifying organization abroad for at least one continuous year during the applicable period before the transfer.
• E-1 – Treaty Traders: Nationals of qualifying treaty countries may be eligible for E-1 status to engage in substantial international trade principally between the United States and the treaty country. Eligibility depends on factors including the nationality of the individual or qualifying business and the nature and volume of the trade.
• E-2 – Treaty Investors: Nationals of qualifying treaty countries may be eligible for E-2 status based on a substantial investment in a bona fide U.S. enterprise. The investment must satisfy applicable immigration requirements, and the investor generally must develop and direct the enterprise. Certain qualifying employees of treaty-investor businesses may also be eligible for E-2 status.
• O-1 – Individuals of Extraordinary Ability or Achievement: The O-1 classification is available to individuals who have demonstrated extraordinary ability or achievement in qualifying fields, including the sciences, education, business, athletics, arts, motion pictures, and television. These cases generally require substantial documentation demonstrating the beneficiary’s accomplishments, recognition, and eligibility under the applicable legal standard.
• R-1 – Religious Workers: Qualifying nonprofit religious organizations may petition for certain foreign nationals to work temporarily in the United States as ministers or in qualifying religious vocations or occupations. Both the religious organization and the prospective employee must meet specific eligibility and documentation requirements.

Immigration options vary considerably depending on the employer, the position, the employee’s qualifications, immigration history, and long-term objectives. Our firm can evaluate the circumstances of each case, identify appropriate immigration strategies, and assist employers and employees throughout the petition and application process.