Work Visas

U.S. employers and foreign professionals have several ways to work together legally, but each work visa has its own eligibility rules, timelines and costs. Picking the wrong one, or missing a deadline, can mean losing a hire or a career opportunity for a year or more. Our office helps businesses and workers in Atlanta, Norcross and across Georgia compare options, prepare petitions and plan the path from temporary work status to a green card where possible.

H-1B: specialty occupations

The H-1B category is for jobs that normally require at least a bachelor’s degree in a specific field, filled by a worker who has that degree or its equivalent. The employer must file a Labor Condition Application with the U.S. Department of Labor, agree to pay at least the required wage, and then file Form I-129 with USCIS. H-1B status is generally granted in three-year periods, up to six years. Extensions beyond six years are possible when certain green card steps are pending.

• The annual cap. Most new H-1B workers are subject to a cap of 65,000, plus 20,000 for people with U.S. master’s degrees or higher. Employers enter workers in an electronic registration each spring, and only selected registrations may be filed.
• Cap-exempt employers. Universities, their affiliated nonprofits, and nonprofit and government research organizations can file at any time.
• The $100,000 payment. A September 2025 presidential proclamation required an added $100,000 payment for certain new H-1B petitions, mainly for workers outside the United States. In June 2026, a federal court in Massachusetts vacated the agency guidance implementing that payment, and in July 2026 the appeals court refused to put that ruling on hold. USCIS says it will comply with the order but plans to collect the payment if the ruling is reversed. Check the current status before you file.
• Added fees. As of September 9, 2026, a DHS final rule requires covered employers to pay the 9-11 Response and Biometric Entry-Exit Fee with all H-1B and L-1 petitions, with limited exceptions. Covered employers are those with 50 or more U.S. employees, more than half of whom hold H-1B or L-1 status.

L-1: intracompany transferees

L-1 status allows a multinational company to transfer an executive or manager (L-1A) or an employee with specialized knowledge (L-1B) to a related U.S. office. The worker must have worked for the related company abroad for at least one continuous year in the three years before the transfer. L-1 can also be used to open a new U.S. office, with stricter rules for the first year. L-1A executives and managers may later qualify for an EB-1 green card without a labor certification.

O-1: extraordinary ability

O-1A is for people with extraordinary ability in the sciences, education, business or athletics. O-1B is for extraordinary ability in the arts or achievement in film and television. Applicants prove sustained acclaim through evidence such as awards, published material about them, high pay, membership in selective associations, or critical roles at distinguished organizations. There is no annual cap. A U.S. employer or agent files the petition, usually with an advisory opinion from a peer group or union.

TN: Canadian and Mexican professionals

Under the U.S.-Mexico-Canada Agreement, Canadian and Mexican citizens in listed professions can work in TN status, such as engineers, accountants, scientists and certain medical professionals. Canadians can often apply at the border. Mexicans apply for a TN visa at a U.S. consulate. TN status can be renewed in three-year periods, but it requires temporary intent. Starting a green card case can complicate future renewals.

E-1 and E-2: treaty traders and investors

Citizens of countries with qualifying treaties can come to develop and direct a business in which they have invested a substantial amount of capital (E-2), or to carry on substantial trade between the United States and their country (E-1). The business must be real and operating, not marginal. E status can be renewed indefinitely as long as the business qualifies, but it does not lead directly to a green card.

H-2A and H-2B: seasonal and temporary workers

H-2A covers temporary or seasonal agricultural work. H-2B covers temporary nonagricultural work, such as landscaping, hospitality and seafood processing. Both require a temporary labor certification from the Department of Labor and proof that U.S. workers are not available. H-2B is subject to annual caps, and the supplemental visa allotments change each year.

From work visa to green card

Many workers move from temporary status to permanent residence through employment-based categories:

• EB-1: extraordinary ability, outstanding professors and researchers, and multinational executives and managers
• EB-2: advanced-degree professionals and people with exceptional ability, including national interest waivers that do not require a job offer
• EB-3: skilled workers, professionals and other workers

Most EB-2 and EB-3 cases require the employer to complete the PERM labor certification process. That process includes a prevailing wage determination and recruitment to test the U.S. labor market. Waits vary widely by category and country of birth.

Staying compliant

• Changes to job duties, worksite or employer may require an amended or new petition.
• Workers who lose their job usually have a grace period of up to 60 days, or until their status expires if sooner, to change status, find a new employer or leave.
• Employers must keep required public access files and Form I-9 records, and pay the required wage.
• Travel during a pending change of status can abandon the request.

Hypothetical: A Norcross technology company wants to hire a software engineer from India who just finished a master’s degree in Georgia and is working on OPT. The company could register her in the next H-1B selection. If she is selected, her OPT work permission may be extended under the “cap-gap” rules while the petition is pending. Because she is already in the United States, a change of status petition would generally avoid the issues tied to the 2025 proclamation. The company might also start PERM early to protect her path to a green card.

Read the USCIS working in the United States overview. You can also learn about our nonimmigrant visa services and our green card services.

This page reflects agency guidance as of November 2026. Rules and procedures change, so confirm current requirements before you file.

How our office can help

If you are looking for a work visa lawyer in Atlanta, our office can compare work visa options for a specific job and worker, prepare petitions and supporting evidence, respond to requests for evidence, keep employers compliant, and plan the transition to a green card.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.