Temporary Work Visa Attorney
Table of Contents
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What Does the Term “Temporary Foreign Worker” Mean?
A U.S. temporary foreign worker is a noncitizen authorized to work in the United States for a limited period of time under a nonimmigrant visa. Some workers take these visas as a short-term solution, while others treat them as a step to long-term opportunities.
These visas cover a wide range of professions. Common categories include specialty occupations (H-1B), intracompany transferees (L-1), individuals with extraordinary ability (O-1), and USMCA professionals (TN).
The Role of Form I-129
Most employment-based nonimmigrant visas rely on Form I-129. Employers use this form to:
- Issue a valid job offer.
- Prove the worker meets the requirements for their visa.
- Request a change of status or extension of stay.
It is important to file the correct edition of the form. Submitting an outdated edition may cause processing delays or rejection.
As your work visa attorney, we ensure that Form I-129 is filled out accurately, well-documented, and filed on time to minimize the chance of requests for evidence or processing delays.
I-129 Filing Fee
The filing fees for Form I-129 vary depending on the visa category and the type of employer filing the petition. As a general baseline, many H-1B and related petitions include:
- A base I-129 filing fee
- A Fraud Prevention and Detection Fee, required for many H and L visa petitions
- An ACWIA fee for certain H-1B employers, based on company size and classification
- An Asylum Program Fee, which applies to many employer-filed petitions and varies by employer type
All required government fees must be paid correctly at the time of filing and are non-refundable, even if the petition is denied.
Because USCIS filing fees and fee structures change frequently, employers should always confirm the most current rates on the official USCIS website before submitting a petition. We assist employers in identifying applicable fees, calculating the total cost, and avoiding common filing and payment errors.
Processing Times and Premium Processing Standard Processing
The I-129 processing time depends on:
- The visa category
- The USCIS service center
- Current agency workload.
The usual processing time can take between several weeks to months.
Premium Processing
Employers often request premium processing by submitting Form I-907 with their petition. The premium processing fee, as of 2025, costs $2,805 for many I-129 categories, like the H-1B, L-1, O-1, and TN. USCIS usually makes a decision or a formal action like an RFE within 15 business days. When the agency fails to act in that period, USCIS refunds the premium processing fee. This option is useful for time-sensitive hiring, transfers, or urgent projects.
Most nonimmigrant visa categories rely on Form I-129. Below are the most essential, along with how a work visa lawyer can help.
Make your U.S. work visa process easier — schedule consultation with an attorney today!
Major U.S. Temporary Work Visa Types
Most nonimmigrant visa categories rely on Form I-129. Below are the most essential, along with how a work visa lawyer can help.
Premium Processing
- For experts in specialized fields like engineering, technology, and healthcare.
- A certified Labor Condition Application (LCA) is required
- Permits the worker to seek permanent residence at a later stage; this is referred to as dual intent.
This is the most common pathway of a skilled professional entering the U.S. employment market.
L-1: Intracompany Transferees
- For employees who move from a foreign office to the U.S. branch of the same employer.
- It consists of L-1A for executives and managers and L-1B for employees with specialized knowledge.
- Perfect fit for international companies expanding into U.S. trades.
Employers often use this category to move key leadership and technical teams into U.S. roles.
O-1: Extraordinary Ability Workers
- For people with extraordinary ability in sciences, arts, education, business, or athletics.
- Evidence should include awards, publications, or sustained national/international recognition.
- Researchers, founders, and high-level executives often use it to move to the U.S.
The O-1 visa category is suitable for people with great achievements and reputations in their industry.
TN: Canadian and Mexican Professionals
- For professionals from Canada and Mexico under the USMCA treaty.
- Includes professions like engineer, scientist, accountant, and teacher.
- Depending on their nationality, it can be filed via Form I-129 or presented at an appropriate port of entry.
Due to the speedier processing time compared to other categories, TN is an exciting option for most qualified professionals.
Why You Need a Work Visa Attorney
Preparing and submitting Form I-129 might seem simple and straightforward but mistakes may create severe delays with common risks, including:
- Missing or incomplete supporting documents.
- Miscalculating mandatory fees.
- Using the wrong I-129 edition.
- Mismanaging premium processing timeframes.
- Presenting evidence that does not meet USCIS standards.
Our law firm minimizes these risks, advises clients on premium processing, monitors deadlines, and responds timely to USCIS updates or RFEs.
Why Choose Lira Bravo Law, PLLC?
When you work with our team, you receive a customized plan that suits your visa type and long-term objectives, and clear communication of timelines, costs, and expectations.
Our work visa attorneys know that getting a temporary work (non-immigrant) visa to the United States is not merely about the law but about your future as well.
Your Next Steps
To move forward with a temporary work visa:
- Identify the Visa Category. We help select the best category for H-1B, L-1, O-1, and TN.
- Gather Documentation. Assemble your academic records, employment experiences, certifications, and letters of recommendation.
- Prepare Form I-129. We will complete the correct version of the form and submit it with the proof.
- Evaluate Premium Processing. We recommend Form I-907 if timing is a critical factor.
- Track Your Case. We will keep you updated on your petition and advise you on what to do next.
- Plan Ahead. As you get approval, we can help you with your extension, status change or other long-term options.
Schedule a Consultation with a Work Visa Attorney
Obtaining a temporary work visa can be challenging. The knowledgeable work visa attorneys at Lira Bravo Law can offer necessary guidance and make the process a lot smoother. Schedule a consultation with our work visa attorney today and get your temporary work visa stress-free.