Work Visa Attorneys in Austin, Texas

Work visa categories in the United States are numerous and specific. The H-1B is the most commonly known, but it is subject to annual numerical caps and a lottery system that makes it unavailable in many years for many applicants. Other categories — L-1 for intracompany transferees, O-1 for individuals with extraordinary ability, TN for Canadian and Mexican professionals under the USMCA — have different eligibility requirements and may be better suited to your situation.

Austin's technology and professional sector means that H-1B petitions and employment-based immigration are common. The H-1B requires a specialty occupation, a bachelor's degree or equivalent in a related field, and an employer-sponsor. Given the cap and lottery, alternative categories or O-1 extraordinary ability petitions are increasingly relevant for professionals who can qualify.

The L-1A and L-1B are intracompany transferee visas for executives and managers (L-1A) and specialized knowledge workers (L-1B). They require a qualifying relationship between the U.S. employer and the foreign employer, and one year of employment abroad in the prior three years. They do not have a numerical cap.

TN status under the USMCA is available for Canadian and Mexican nationals in specific professional categories — the list of qualifying professions is defined in the agreement and includes engineers, accountants, computer systems analysts, lawyers, and others. TN status is relatively fast to obtain and can be renewed indefinitely, making it valuable for qualifying professionals.