For employers
Temporary Work Visas
Eight categories, and the differences that matter operationally are not the ones the category names suggest.
The categories
- H-1B Specialty Occupation Specialty occupation petitions, cap registration strategy, cap-exempt analysis, change of employer, amendments, extensions.
- L-1A / L-1B Intracompany Transferee Intracompany transfers, new office petitions, specialized knowledge, blanket L.
- O-1A Extraordinary Ability Extraordinary ability in sciences, business, education, and athletics.
- O-1B Arts & Entertainment Extraordinary ability in the arts and extraordinary achievement in film and television.
- TN (Canada & Mexico) Canadian and Mexican professionals under USMCA, including port-of-entry strategy.
- E-1 Treaty Trader / E-2 Treaty Investor Treaty traders and investors, and employees of treaty companies.
- E-3 (Australia) Australian specialty occupation professionals.
- H-1B1 (Chile & Singapore) Chilean and Singaporean professionals under the free trade agreements.
Three distinctions that actually drive the decision
H-1B for most private employers is the only category in this set gated by a lottery. Cap-exempt H-1B, L-1, and O-1 are not, and the treaty categories have allocations that have not functioned as practical constraints.
TN, E-3, and H-1B1 depend on the employee's citizenship. E-1 and E-2 depend on the company's nationality as well. H-1B, L-1, and O-1 are open.
H-1B and L-1 accommodate an intention to remain permanently. TN, E, and H-1B1 do not. This is the distinction that causes expensive surprises, because it surfaces years after the classification was chosen.
Choose with the green card in view
The visa you choose for a new hire in year one constrains the green card path available in year four. An L-1A filed without thought to EB-1C, or a TN renewed for six years before anyone raised permanent residence, are the two most common versions of that problem.
Let's talk about your matter.
Consultations are scheduled directly with me. If you're facing a filing deadline or holding a notice with a response date on it, say so first and I'll prioritize it.
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[email protected] · (508) 591-0775 · Kingston, Massachusetts