The Journal5 min read
Work Visas in California: What an Immigration Attorney Handles
What a work visa attorney does in California, the main visa categories, who petitions, and the federal statutes that govern employment-based immigration.
A work visa attorney helps employers and foreign nationals navigate U.S. employment-based immigration under the Immigration and Nationality Act, 8 U.S.C. § 1101 and following. They prepare petitions, respond to government requests, and track deadlines. Immigration is federal law, so the same rules apply in California as elsewhere in the country.
What a work visa attorney actually does
People searching "work visa attorney" usually want one of two things: to hire a foreign worker, or to work legally in the United States themselves. An immigration attorney handles both sides of that relationship.
Typical tasks include:
- Identifying which visa category fits the job and the person's qualifications
- Preparing and filing petitions with U.S. Citizenship and Immigration Services (USCIS) and, where required, the Department of Labor
- Responding to a Request for Evidence (RFE) or a Notice of Intent to Deny
- Advising on maintaining lawful status, extensions, and changes of employer
- Coordinating consular processing at a U.S. embassy abroad
Employment-based immigration is governed by the federal Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1101. Because it is federal, an attorney licensed in any state may represent clients before USCIS — but a California-based attorney is often convenient for local employers and workers.
This is general information, not legal advice about any specific case.
The main employment visa categories
Work visas fall into nonimmigrant (temporary) and immigrant (permanent, i.e., green card) tracks. The categories most Californians ask about:
| Category | Type | Roughly who it's for |
|---|---|---|
| H-1B | Temporary | Specialty occupations requiring a bachelor's degree or higher |
| L-1 | Temporary | Intracompany transferees (managers, executives, specialized knowledge) |
| O-1 | Temporary | Individuals with extraordinary ability in science, arts, business, athletics |
| TN | Temporary | Certain professionals from Canada and Mexico under USMCA |
| E-2 | Temporary | Treaty investors and certain employees |
| EB-1/EB-2/EB-3 | Permanent | Priority workers, advanced-degree professionals, skilled workers |
The classification framework sits in 8 U.S.C. § 1101(a)(15) for nonimmigrants and 8 U.S.C. § 1153 for employment-based immigrant preferences. Each category has distinct evidence requirements, and picking the wrong one wastes months.
Who files, and the role of labor certification
For most work visas, the employer — not the worker — is the petitioner. The company files Form I-129 (nonimmigrant) or Form I-140 (immigrant) on the worker's behalf. That means the employer usually pays for and controls the petition, though workers often consult their own counsel too.
Many green-card categories first require PERM labor certification from the Department of Labor. Under 8 U.S.C. § 1182(a)(5), an employer generally must show that no qualified U.S. worker is available for the position and that hiring the foreign worker will not adversely affect U.S. wages and working conditions. This step involves recruitment, a prevailing-wage determination, and strict documentation — a common reason employers retain counsel.
H-1B and certain other categories require a Labor Condition Application instead, a lighter-weight wage attestation filed with the Department of Labor before the USCIS petition.
Timing, caps, and the H-1B lottery
Several categories are numerically limited. The H-1B has an annual statutory cap, and when registrations exceed it, USCIS runs a random selection (commonly called the lottery). Permanent employment-based visas are subject to per-category and per-country annual limits under 8 U.S.C. § 1152 and 8 U.S.C. § 1153, which is why applicants from high-demand countries can wait years for a green card to become available.
Because deadlines and registration windows are fixed by the government, missing one can push a case back a full year. An attorney's job includes calendaring these dates and preparing filings well ahead of them. If you are weighing counsel, our guide on what to bring to a first meeting with a California attorney helps you arrive prepared with the right documents.
Finding immigration counsel in California
Anyone offering legal advice on immigration must be an attorney in good standing (or an accredited representative of a recognized organization). "Notarios" and unlicensed consultants cannot give legal advice, and relying on them is a well-documented source of harm. Before hiring, confirm the person is a licensed attorney — our walkthrough on verifying a California attorney's license shows how in a couple of minutes.
You can browse attorneys who handle these matters through the immigration practice area or start with Find Counsel. The registry does not recommend or rank attorneys; it lets you review listings and verify credentials yourself.
Work visa cases turn on precise facts — the job duties, the worker's credentials, the company's structure, and current government processing rules. Treat this article as a map of the territory, then confirm specifics with licensed counsel.
Frequently asked questions
Do I need a lawyer to apply for a work visa?
There is no legal requirement to hire an attorney for a work visa; individuals and employers may file directly with USCIS. Many use counsel because the petitions are technical, evidence requirements are strict, and a single misstep can trigger a denial or a year-long delay.
Does the employer or the worker pay for a work visa?
For most employment-based visas the employer is the petitioner and typically pays the government filing fees and attorney costs, and for PERM labor certification the employer must legally bear certain recruitment and filing expenses. Workers sometimes retain their own attorney separately for personal advice.
Can a California attorney handle an immigration case?
Yes. Immigration is federal law, so an attorney licensed in any U.S. state or territory may represent clients before USCIS and immigration courts nationwide. A California-based attorney is simply convenient for local employers and workers who prefer in-person meetings.
How long does an employment-based green card take?
It varies widely by category and country of birth because permanent employment visas are capped annually under 8 U.S.C. §§ 1152 and 1153. Applicants from high-demand countries can wait years for a visa number to become available, while others move faster.
What is the difference between a work visa and a green card?
A work visa (like H-1B or L-1) is a temporary, nonimmigrant status tied to a specific employer and job. An employment-based green card grants lawful permanent residence. Many workers begin on a temporary visa and later pursue permanent residence through their employer.
Legal information, not legal advice.
Legal information, not legal advice. This brief provides general legal and professional information; it is not a substitute for counsel on a specific situation, and reading it creates no attorney–client relationship.