Frequently Asked Questions

Several work visa categories serve professionals in the Bellevue-Eastside tech corridor. The most common include the H-1B for specialty occupations, the TN for Canadian and Mexican citizens under the USMCA, the O-1 for individuals with extraordinary ability, and the L-1 for intracompany transfers. Each has distinct eligibility requirements, processing timelines, and strategic considerations. An attorney can help identify the pathway that best fits your qualifications and goals.

The right visa depends on your nationality, qualifications, employer relationship, and long-term goals. For example, Canadian citizens in qualifying occupations may find the TN visa more efficient than the H-1B due to the absence of an annual cap. Individuals with extraordinary achievement may qualify for the O-1. Employers transferring existing employees from foreign offices may use the L-1. A consultation can help map your specific circumstances to the available pathways.

Temporary work visas (H-1B, TN, O-1, L-1) authorize employment for a specific employer and a defined period. A green card (permanent residence) provides indefinite work authorization without employer-specific restrictions. Many professionals use a work visa as a starting point while pursuing employer-sponsored permanent residence through the PERM and I-140 process.

Yes, in most cases. H-1B holders can transfer to a new employer and begin working as soon as the transfer petition is received by USCIS. TN holders need a new TN petition from the new employer. O-1 holders require a new petition from the new employer or agent. Each category has specific requirements, so prompt legal guidance is important when changing employment.

When employment ends, most work visa holders have a grace period — typically up to 60 days — to find a new employer, change status, or depart. The timeline and options vary by visa category. If you are within a grace period, acting promptly is critical to preserving your ability to remain and continue working in the United States.

In certain circumstances, yes. Under AC21 portability provisions, applicants with an approved I-140 and a pending I-485 that has been filed for at least 180 days may be able to change to a same or similar occupational classification without losing their priority date. The specific rules are fact-dependent — consult an attorney before making any employment changes while a green card application is pending.

Employer obligations vary by visa category. Generally, sponsors must pay at least the prevailing wage, maintain compliance documentation, and not pass filing costs to the employee. For H-1B sponsors specifically, this includes filing a Labor Condition Application, maintaining a public access file, and providing proper notice upon termination. PERM sponsors must conduct good faith recruitment. An attorney can help you understand the specific requirements for the visa categories you use.

A prevailing wage determination is a wage rate issued by the Department of Labor for a specific job, location, and set of minimum requirements. In the PERM process, the employer must offer at least the prevailing wage before moving forward with recruitment and the labor certification filing.

The prevailing wage determination is usually the first major PERM step. It affects the salary the employer must offer, the timing of recruitment, and the overall green card timeline. Employers should evaluate job duties, minimum requirements, SOC code, and wage level before submitting the request.

Costs vary by visa type and employer size. Government filing fees for an H-1B petition typically range from $2,000 to $5,000 or more, plus attorney fees. TN petitions generally involve lower government fees. PERM labor certification adds costs for recruitment advertising and DOL processing. Premium processing, which expedites adjudication to 15 business days, is available for some categories at an additional fee.

Yes. Any U.S. employer with a legitimate need can sponsor a work visa, regardless of size. Smaller employers may face additional scrutiny regarding their ability to pay the offered wage, which USCIS evaluates through financial documentation such as tax returns and bank statements. Early planning and proper documentation can help smaller employers navigate the process effectively.

Form I-9 verifies that every employee hired in the United States is authorized to work. Employers must complete I-9 verification for all new hires within three business days and retain the forms for the required period. Non-compliance can result in civil penalties, and audits by ICE are increasingly common. An employer compliance review can help identify and address potential gaps.

The TN visa is available to citizens of Canada and Mexico in designated professional occupations under the USMCA. It offers significant advantages: no annual cap, no lottery, renewable three-year validity, and relatively efficient processing. Eligible Canadian citizens may apply directly at a U.S. port of entry with the required documentation. Mexican citizens generally apply through consular processing.

The O-1 visa is for individuals who have demonstrated extraordinary ability or achievement in their field, including technology, sciences, business, and the arts. Qualification typically requires meeting at least three of eight evidentiary criteria, such as published material, original contributions, high compensation, or critical roles in distinguished organizations. There is no annual cap.

The L-1 visa allows multinational companies to transfer managers, executives (L-1A), or specialized knowledge employees (L-1B) from a foreign office to a U.S. location. The employee must have worked for the related foreign entity for at least one continuous year within the preceding three years. There is no annual cap, and L-1A holders may be eligible for EB-1C green cards.

PERM is the Department of Labor process by which an employer certifies that no qualified U.S. workers are available for a position at the offered wage. It involves a prevailing wage determination, prescribed recruitment steps, and a DOL application. PERM certification is required for most EB-2 and EB-3 employer-sponsored green card petitions. Current processing times are extended, and early planning is recommended.

No. Most EB-2 and EB-3 employer-sponsored green card petitions require PERM labor certification, but some categories do not. EB-1 petitions and EB-2 National Interest Waiver cases may avoid PERM when the applicant and case facts meet the applicable standards.

Employment-based green cards are divided into preference categories. EB-1 covers priority workers with extraordinary ability, outstanding researchers, or multinational managers. EB-2 is for professionals with advanced degrees or exceptional ability. EB-3 covers skilled workers and professionals with bachelor's degrees. Most EB-2 and EB-3 petitions require PERM labor certification. Priority dates and per-country limitations significantly affect timelines.

Bellevue employers should review the permanent role, minimum requirements, worksite location, wage expectations, recruitment timeline, and the employee's current visa status before starting PERM. Early planning can reduce avoidable delays and help align the PERM process with broader green card strategy.

The Visa Bulletin is a monthly publication from the Department of State that tracks the availability of immigrant visa numbers by preference category and country of chargeability. An applicant can file for adjustment of status (I-485) only when their priority date is earlier than the cutoff date listed. For applicants from countries with high demand — particularly India and China — priority date backlogs can add years to the timeline. The employment green cards page explains the categories and how priority dates work.

Form I-140 is the immigrant petition an employer files with USCIS to sponsor an employee for an employment-based green card. An approved I-140 establishes the applicant's priority date and confirms eligibility under the relevant preference category. After I-140 approval, the applicant must wait until a visa number is available before filing for adjustment of status (Form I-485) or pursuing consular processing.

Yes. Crescent Law, PLLC has a meeting office in Bellevue at 11900 Northeast 1st Street, Bellevue, WA 98005. In-person meetings are available by appointment. Additional offices are located in Seattle and Tukwila.

The Bellevue-Redmond corridor is home to major technology employers and a growing startup ecosystem. Approximately 43% of Bellevue's population is foreign-born, reflecting the area's strong demand for work visa services across multiple categories including H-1B, TN, O-1, L-1, PERM, and employment-based green cards.

Client meetings are available by appointment at our Bellevue office (11900 Northeast 1st Street, Bellevue, WA 98005), Seattle office (701 Fifth Avenue, 42nd Floor - Office 4206, Seattle, WA 98104), and Tukwila office (555 Andover Park West, Suite 200 - Office 255, Tukwila, WA 98188). All in-person meetings are by appointment only.

Yes. Crescent Law, PLLC serves clients in Bellevue, Redmond, Kirkland, Sammamish, Issaquah, and the broader Seattle metropolitan area, covering the full range of employment-based immigration matters for professionals and employers alike.