Temporary Work Visas: How Congruence Law, P.C. Supports Employers and Skilled Professionals Navigating U.S. Employment-Based Visa Options

For foreign professionals seeking to work in the United States, and for companies hoping to recruit and retain global talent, U.S. immigration law offers a variety of temporary work visas designed to fill critical roles in business, technology, education, research, and the arts. These visas allow qualified individuals to live and work in the U.S. for a defined period while contributing to the nation’s economic and cultural development. At Congruence Law, P.C., we guide employers and employees through every stage of the temporary visa process—from strategic planning to petition preparation and compliance.

The most commonly used employment-based nonimmigrant visas include:

H-1B (Specialty Occupation Workers)For professionals with a U.S. bachelor’s degree (or equivalent) in a specialty field, such as engineering, finance, IT, health care, or education.

• Subject to an annual cap and lottery system for private employers

• Requires a Labor Condition Application (LCA) certified by the Department of Labor

• Maximum duration: 6 years (initial 3-year term + extension)

L-1 (Intra-Company Transferees)For executives, managers, or employees with specialized knowledge transferring to a U.S. branch, affiliate, or subsidiary of their foreign employer.

• L-1A (managers/executives) and L-1B (specialized knowledge) categories

• Requires prior employment abroad for at least 1 continuous year within the past 3 years

• Used for multinational organizations establishing or expanding U.S. operations

O-1 (Individuals of Extraordinary Ability)For those who have demonstrated extraordinary achievement in sciences, arts, education, business, athletics, or the motion picture/TV industry.

• Requires national or international recognition

• Often used by researchers, artists, entrepreneurs, and performers

• No annual cap and renewable for continued projects

TN (Treaty NAFTA Professionals)Available only to citizens of Canada and Mexico under the USMCA (formerly NAFTA).

• Applies to a limited list of professional occupations (e.g., engineers, scientists, accountants)

• No LCA or petition required for Canadians; streamlined process at the port of entry

• Renewable indefinitely in 3-year increments, provided the temporary nature of employment remains

At Congruence Law, P.C., we assist both sponsoring employers and foreign nationals in selecting the most appropriate visa classification, preparing complete and compliant petitions, and avoiding common pitfalls that lead to delays or denials.

We help clients:

• Evaluate eligibility based on job duties, credentials, and immigration history

• Prepare detailed support letters and evidentiary exhibits

• File Labor Condition Applications (LCA) for H-1Bs

• Demonstrate qualifications for O-1 recognition with expert letters, press, and awards

• Navigate extensions, amendments, and changes of employer

• Respond to Requests for Evidence (RFEs) and agency audits

Common challenges in temporary work visa cases include proving that the job qualifies as a “specialty occupation,” establishing sufficient documentation for O-1 or L-1 criteria, or managing cap-subject H-1B lottery limitations. We work proactively with clients to build strong, well-supported filings and to manage visa timing in line with business needs and fiscal year deadlines.

We also advise on compliance obligations for employers, including wage requirements, public access files, site visits, and recordkeeping, as well as options for transitioning from nonimmigrant status to permanent residence (e.g., H-1B to green card).

Whether you are a company looking to bring in top-tier international talent or a professional seeking temporary employment authorization in the U.S., Congruence Law, P.C. is ready to provide strategic guidance and experienced support through each step of the process.

For assistance with H-1B, L-1, O-1, TN, or other work visa options, contact us at immigration@congruence.com to request a consultation. We are here to help you work—and thrive—legally in the United States.