N. Hardyal / Practice / Nonimmigrant Work Visas
Practice — Work Visas
Nonimmigrant Work Visas
Temporary work status through the H-1B, the O-1, and the J-1 — first-time filings, transfers, and extensions. Timing matters here more than anywhere else in immigration.
I-129 · LCA (H-1B) · I-539 as needed
Evaluate the role
We review the position and your credentials against the deadlines — the H-1B registration window usually opens in March for an October start.
- Job description & duties
- Degrees, evaluations & licenses
- Company information
Build the employer case
The LCA or consultation documents and the evidence that ties your background to the role.
- LCA (H-1B)
- Employer letter
- Itinerary or program details (O-1 / J-1)
Prepare & file
Selected registrations are filed in the right window — premium processing available where offered.
- I-129 petition
- Legal brief / cover letter
- Support letters & evidence
Approval & start
Approval lets you begin or change employment by change of status or consular visa — and transfers and extensions get planned well before they are due.
Who it is for
Specialty-occupation professionals with an employer sponsor (H-1B), individuals of extraordinary ability who can be sponsored without a cap (O-1), and exchange visitors coming through recognized programs (J-1).
- Engineers, analysts, physicians, and researchers on H-1B
- Exceptional artists, scientists, and business figures on O-1
- Interns, scholars, and trainees through J-1 programs
The requirements
H-1B requires a specialty occupation and the degree (or its equivalent) to fill it, plus a certified Labor Condition Application — and, usually, a place in the annual cap lottery. O-1 requires sustained acclaim in your field, with no lottery. J-1 depends on the sponsor program, and some categories carry the two-year home-residency requirement that can be waived in defined circumstances.
What is the H-1B lottery?
Every March, employers register H-1B candidates with USCIS. Only selected registrations can file that year. Not selected means planning for the next window or a different route — which is why early preparation matters.
Can I change employers?
In most cases, yes — a new petition filed on your behalf allows you to start once it is filed (H-1B portability), with the case decided afterward. Extensions and amendments follow similar rules, and we plan them before deadlines.
Is there a lottery for the O-1?
No. The O-1 has no annual cap — it is evidence-driven instead: sustained acclaim in your field, documented and argued properly.
Email a few lines about your situation — I reply within one business day.
General information, not legal advice — eligibility depends on the specifics of your situation.