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Employment-Based Immigration

Employment-Based Visa & Green Card Attorney
Orange County, California

From H-1B and L-1 work visas to EB-1, EB-2 NIW, EB-3, and EB-4 green cards — H&H Law's employment immigration lawyers handle H-1B, L-1, E-2, O-1, and EB-1/EB-2/EB-3 matters for professionals, investors, and Korean companies entering the U.S. market.

Work Visas & Green Cards

Key Facts (as of September 2026)

H-1B cap: 85,000 per year (65,000 regular + 20,000 U.S. master's). For FY2027, selection is weighted by wage level under the DHS final rule of Dec. 29, 2025 (90 FR 60864); the FY2027 cap was reached March 31, 2026. $100,000 H-1B payment: a presidential proclamation (Sept. 2025, extended Sept. 18, 2026 through Sept. 21, 2027) requires a $100,000 payment for certain new H-1B petitions; USCIS guidance applies it mainly to beneficiaries outside the U.S. — confirm how it applies to your case. L-1: L-1A up to 7 years, L-1B up to 5 years; requires a qualifying corporate relationship. E-2: available to nationals of treaty countries, including Korea. Green-card paths: EB-1 and EB-2 NIW can be self-petitioned; EB-2/EB-3 employer cases generally require PERM labor certification. See also employment vs. family green card (2026).

Employment-Based Pathways

H&H Law advises employers, Korean companies, and individual professionals on employment-based visa and green card pathways. Korean-English bilingual consultations available.

Green Card Pathways

EB-1
Priority Workers
EB-1A for extraordinary ability (self-petition, no sponsor). EB-1B for outstanding professors and researchers. EB-1C for multinational executives and managers.
EB-2 NIW
National Interest Waiver
Green card without employer sponsor for professionals whose work is in the national interest. Popular with STEM, healthcare, and researchers.
EB-3
Skilled Workers & Professionals
Employer-sponsored green card for skilled workers (2+ years experience), professionals with a bachelor's degree, and other workers. Requires PERM labor certification.
EB-4
Special Immigrants
Green card for religious workers, certain broadcasters, and other special immigrant categories. Separate quota from EB-1 through EB-3.

Non-Immigrant Work Visas

E-1 / E-2
Treaty Trader & Investor
E-1 for qualifying trade between the U.S. and a treaty country. E-2 for Korean and other treaty-country nationals making a substantial investment in a U.S. business. May be renewed as long as the investment and business continue to qualify. See our E-2 guide.
F-1
Student / OPT / CPT
Academic student visa with Optional Practical Training (OPT) and Curricular Practical Training (CPT) work authorization. A 24-month STEM OPT extension is available to eligible STEM graduates. See our 2026 F-1/J-1 duration-of-status update.
H-1B
Specialty Occupation
For professionals in specialty fields requiring a bachelor's degree or higher. Annual cap-subject lottery and cap-exempt pathways available.
L-1
Intracompany Transfer
Transfer executives, managers, or specialized knowledge employees from a foreign affiliate to a U.S. company. Commonly used by Korean companies expanding to the U.S. See H-1B vs. L-1 for Korean companies.

H&H Law for Korean Companies Entering the U.S.

H&H Law regularly assists Korean companies with U.S. market entry visa strategy — combining L-1 for executive transfers, E-2 for investor-operators, and EB-5 for permanent residency. Full consultations available in Korean. Our Seoul office connection allows us to serve clients before they relocate.

Professionals and Korean companies in Los Angeles County, including Torrance and the South Bay, are served from the same Santa Ana office. See Korean-speaking immigration attorney for Los Angeles County.

Common Questions

Employment Visa FAQ

Answers by Austin Kim, J.D. · Updated September 2026

The H-1B visa is for foreign professionals in specialty occupations requiring at least a bachelor's degree in a specific field. Common categories include software engineers, nurses, physicians, accountants, architects, and engineers. H-1B is cap-subject (annual lottery, 85,000 cap) with cap-exempt pathways for universities, nonprofits, and research institutions. Since FY2027, cap selection is weighted by wage level, and certain new petitions require a $100,000 payment under a presidential proclamation (see Key Facts above).
For FY2027 and later, USCIS selects H-1B registrations with weighting by the wage level offered, which generally favors higher-paid positions (DHS final rule, 90 FR 60864). It changes the odds of selection; it does not guarantee selection at any wage level.
A presidential proclamation first issued in September 2025 and extended on September 18, 2026 (through September 21, 2027) requires a $100,000 payment for certain new H-1B petitions. USCIS guidance applies it mainly to beneficiaries outside the United States, and case-by-case national-interest exceptions exist. Have an attorney review your situation before filing.
The O-1 is a nonimmigrant visa for individuals with extraordinary ability in the sciences, arts, education, business, or athletics (O-1A) or extraordinary achievement in the motion picture or television industry (O-1B). It requires evidence of sustained national or international acclaim and is not subject to an annual cap.
L-1A is for executives and managers being transferred to a U.S. office (initial 3 years, extendable to 7 years). L-1B is for employees with specialized knowledge (initial 3 years, extendable to 5 years). Both require that the U.S. company and foreign company have a qualifying relationship (parent, affiliate, subsidiary).
The EB-2 NIW allows individuals with an advanced degree or exceptional ability to self-petition for a U.S. green card without a job offer or employer sponsor. You must show that your work is in the national interest of the United States. Popular with STEM professionals, researchers, healthcare workers, and entrepreneurs.
Yes. Korean companies with U.S. affiliates or subsidiaries can sponsor employees for L-1 (intracompany transfer) or H-1B (specialty occupation) visas. For Korean investor-operators, the E-2 Treaty Investor visa is another option. H&H Law advises on visa strategy for Korean companies at every stage of U.S. expansion.
네. H&H Law는 산타아나에서 H-1B, L-1, O-1 등 취업비자와 취업이민 영주권(EB-1, EB-2, EB-3, PERM)을 한국어로 상담해 드립니다. 오스틴 김(Austin Kim) 변호사와 크리스 송(Chris Song) 변호사가 직접 상담합니다.
많은 경우 고용주의 PERM 노동인증 후 EB-2 또는 EB-3 취업이민 영주권으로 진행합니다. EB-2 국익면제(NIW)는 고용주 없이 본인이 청원할 수 있는 경로입니다. 개별 전략은 상담을 통해 안내해 드립니다.

Employment Visa Questions?

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