Employment/Work Visa Attorney for Salt Lake City

Several non-immigrant work visa categories exist depending on your nationality, employer type, and role. Canadian and Mexican citizens may qualify for TN status. Australian citizens in specialty occupations may be eligible for the E-3 visa. Citizens of Chile and Singapore may qualify for the H-1B1. Managers and executives transferring within a multinational company may apply for the L-1A, while specialized-knowledge employees may qualify for the L-1B. Individuals with extraordinary ability may be eligible for the O-1. Treaty traders and investors may qualify for E-1 or E-2 status. The immigration attorneys at Buhler Thomas Law can review your background and identify which category best fits your situation.

Canadian and Mexican citizens may be eligible for TN non-immigrant status under the USMCA (formerly NAFTA), which allows certain professionals to work in the United States in designated occupations such as accountants, engineers, lawyers, pharmacists, scientists, and teachers. To qualify, you must be a citizen of Canada or Mexico, have a prearranged full‑time or part‑time job offer from a U.S. employer in an approved TN profession, possess the required credentials for that profession, and intend to work only in that eligible occupation. The TN category is one of several non-immigrant work visa options that Buhler Thomas Law helps clients pursue, and the firm’s immigration attorneys in Utah can evaluate whether TN status is appropriate for you and guide you through each step of the application process.

Australian citizens coming to the United States to work in a specialty occupation may be eligible for an E‑3 visa. To qualify, you must be an Australian citizen with a qualifying job offer from a U.S. employer in a role that normally requires at least a bachelor’s degree (or equivalent experience) and have a certified Labor Condition Application from the Department of Labor. E‑3 status is usually granted for up to two years at a time, can be renewed in two‑year increments, and spouses granted E‑3 dependent status are eligible to work in the United States.If you are an Australian professional exploring work visa options in Salt Lake City or anywhere in Utah, the team at Buhler Thomas Law can help you determine whether the E-3 or another visa category best fits your goals.

Citizens of Chile and Singapore may be eligible for the H-1B visa, a specialty‑occupation category specifically for nationals of these two countries and closely modeled on the H‑1B program. Each year, 1,400 numbers are reserved for Chilean nationals and 5,400 for Singaporean nationals from within the overall H‑1B cap. H‑1B1 status is typically granted in one‑year increments and can be renewed in additional one‑year periods, but it does not permit self‑employment or independent contracting, and applicants must show they do not intend to immigrate permanently at the time of application.

If you are a Chilean or Singaporean citizen considering work in the United States, an immigration attorney at Buhler Thomas Law can help you compare H‑1B1 with other options and choose the category that best fits your long‑term plans.

The L‑1A visa is generally the right option for managers and executives transferring within a multinational organization to a U.S. parent, subsidiary, affiliate, or branch. To qualify, you must have worked for the related foreign company for at least one continuous year within the past three years, and your position in the United States must be truly executive or managerial in nature. First‑line supervisors of nonprofessional employees usually do not qualify for L‑1A classification, even if their job title includes “manager,” and USCIS closely examines whether your day‑to‑day duties involve high‑level management rather than routine operational tasks. 

The L‑1B visa is for employees with specialized knowledge transferring from a foreign related company to a U.S. entity within the same multinational group. “Specialized knowledge” can mean special knowledge of the company’s products, services, processes, research, techniques, or management, or advanced knowledge that goes beyond what is typically found in the broader industry; often, both concepts apply in a strong L‑1B case. This category is commonly used for technical specialists, product experts, and professionals who work with proprietary systems.

If your country has a qualifying treaty with the United States, you may be eligible for a Treaty Trader (E‑1) or Treaty Investor (E‑2) visa. The E‑1 is for individuals or companies engaged in substantial trade principally between the U.S. and the treaty country, while the E‑2 is for those who invest, or are actively in the process of investing, a substantial amount of capital in a U.S. business they will develop and direct. Both are temporary, non-immigrant visas that can generally be renewed as long as the underlying trade or investment continues to meet the legal requirements.

The O‑1 visa is for individuals with extraordinary ability or extraordinary achievement who are at the very top of their field, with sustained national or international acclaim. You must be coming to the United States to work in the same area of extraordinary ability or achievement, and USCIS expects extensive documentation such as major awards, prominent media coverage, or other high‑level recognition; this category is not meant for an average or even above‑average career. Because the standard is demanding and petitions are heavily scrutinized, many people are better suited to other work visa categories, and it is wise to have your credentials reviewed before pursuing O‑1 classification.

The immigration attorneys at Buhler Thomas Law can review your credentials and advise you on whether the O-1 is the right path — or whether another non-immigrant work visa may better fit your situation. We serve clients in Utah and internationally, including those seeking immigration attorney services in Salt Lake City and throughout the state.

To employ a noncitizen on F‑1 or J‑1 status, you must first confirm what work authorization they have and make sure the position fits within that authorization. F‑1 students cannot work in the United States unless they have specific work authorization, typically Curricular Practical Training (CPT) during their program or Optional Practical Training (OPT) after completion (up to 12 months), with some STEM graduates eligible for a 24‑month STEM OPT extension for up to 36 months total. J‑1 students usually work under Academic Training, which allows field‑related employment for a limited period based on written authorization from the J‑1 program sponsor; if you want to keep the employee beyond these student work options, you will generally need to sponsor them for H-1B visa or another long‑term work visa. Buhler Thomas Law concentrates on employer‑side immigration, with a particular focus on hiring and sponsoring international students and professionals. Our team guides Utah employers through every step of the process of preparing comprehensive H-1B petition and other work visa cases for petitions in Salt Lake City and across the state.

For STEM graduates, you can often retain talent for up to three years before needing a long‑term work visa. A student who completes a qualifying STEM degree generally receives 12 months of standard OPT plus a 24‑month STEM OPT extension, giving up to 36 months of work authorization in roles related to their field. During that window, you typically have multiple chances to register the employee in the annual H‑1B lottery; if their registration is not selected in the first year, you can usually try again in later years while they remain in valid OPT or STEM OPT status.Our immigration attorneys at Buhler Thomas Law help employers understand OPT timelines and plan H-1B sponsorship well before authorization expires.

The J‑1 exchange visitor visa is temporary, and many J‑1 holders are subject to a two‑year home‑country residence requirement if they want to stay in the U.S. to work. If you are subject to this rule, you generally must either spend two years in your home country or obtain a waiver before changing to most work‑based statuses (like H‑1B or L‑1) or applying for a green card.

You can check your J‑1 visa and DS‑2019 to see if the two‑year rule applies, especially if your program was government‑funded or your field is on your country’s skills list. Waiver paths include a No Objection Statement, an Interested U.S. Government Agency request, a Conrad 30/state agency request (for certain physicians), Exceptional Hardship to a U.S. citizen or permanent resident spouse or child, or Fear of Persecution — and in most cases, that waiver must be approved before almost any work visa or green card filing.If you are unsure of your status or options, Buhler Thomas Law can review your situation and advise you on next steps.

Processing times vary by visa category, service center, and whether you use premium processing. For many petitions filed with USCIS, premium processing offers a 15-calendar-day adjudication window for an additional government fee, which can be valuable when you have a firm start date or need a fast decision for travel, licensing, or project planning. Even with premium processing, you should plan ahead because you still need time for document collection, drafting, and possible Requests for Evidence before a final approval.

In many categories, a material change in your job, such as switching employers, a significant change in job duties, or a move to a new worksite, requires a new or amended petition. Some visas, like H-1B, allow limited “portability” to a new employer once a new petition is filed, while others require you to wait for approval before you can start. It is important to have an immigration attorney review your specific status and offer letter before you resign or change roles so you avoid gaps in authorization or violations of status.

Most non-immigrant work visas do not automatically convert into permanent residence. Instead, your employer typically must go through a separate green card process, which may involve labor certification (PERM) and one of the employment-based immigrant categories such as EB-1, EB-2, or EB-3. Some categories, like H-1B and L-1, are “dual intent,” meaning you can lawfully pursue a green card while in that status, but you still need separate filings and approvals before becoming a permanent resident.

For many employment-based visas, the place where the work is actually performed matters for compliance, especially when a Labor Condition Application (LCA) or similar posting is required. Significant changes in work location, such as moving to a different metropolitan area or state, can trigger a need for a new or amended filing even if the job title and employer stay the same. Before allowing full-time remote work, long-term telecommuting from another city, or frequent travel-based arrangements, you should have an attorney review how those changes affect the specific visa category.

If USCIS issues a Request for Evidence, it means the officer needs more information or clarification before deciding your case, and timely, thorough responses are critical to keep the petition on track. A denial does not always end your options; depending on timing and strategy, you may be able to refile, appeal, or pursue a different category that better fits your background and the job. Our attorneys help employers and professionals evaluate the reasons for an RFE or denial and develop a practical plan for next steps tailored to your situation.