Washington Work Visa Lawyers

Washington employers hire from around the world, from orchards and packing houses in the Yakima Valley to technology companies in King County. Each type of work visa has its own rules on who can sponsor, how long the worker can stay, whether family can come, and whether the visa can lead to a green card.

The immigration attorneys at Ritchie-Reiersen Injury & Immigration Attorneys help workers and the employers who want to hire them understand which visa fits, what the employer must do, and how to avoid the filing mistakes that lead to denials and lost seasons. Consultations are available in English and Spanish.

Temporary Work Visas

Nonimmigrant work visas allow a foreign worker to be employed in the United States for a limited period, usually tied to a specific employer and position. The most common categories are:

• H-2A for seasonal agricultural work. The employer must show a temporary need and that U.S. workers are not available, and must meet housing, wage and transportation requirements. There is no annual cap. H-2A is heavily used in Washington agriculture.
• H-2B for seasonal or peak-load non-agricultural work such as landscaping, hospitality, seafood processing and construction. H-2B is subject to an annual cap that fills quickly.
• H-1B for specialty occupations that require at least a bachelor’s degree in a specific field. Most H-1B petitions go through an annual registration lottery in March, with exceptions for universities and certain nonprofits.
• L-1 for managers, executives and specialized-knowledge employees transferring from a related company abroad to a U.S. office.
• O-1 for people with extraordinary ability in the sciences, arts, education, business or athletics.
• TN for Canadian and Mexican citizens in professions listed under the USMCA trade agreement.
• E-2 for citizens of treaty countries who invest a substantial amount in a U.S. business they will direct.

Each category has a maximum stay, rules on changing employers, and different treatment of spouses and children. Some, such as H-1B and L-1, allow the worker to pursue a green card at the same time. Others, such as H-2A and H-2B, require the worker to intend to return home.

Employment-Based Green Cards

Permanent residence through employment is divided into preference categories with annual limits:

• EB-1 for people of extraordinary ability, outstanding researchers and multinational managers. No labor certification is required.
• EB-2 for professionals with advanced degrees or exceptional ability. Most EB-2 cases require PERM labor certification, but the National Interest Waiver lets qualified applicants self-petition without an employer.
• EB-3 for skilled workers, professionals and other workers. Most EB-3 cases require PERM labor certification.

PERM labor certification is the Department of Labor process in which the employer tests the U.S. labor market by recruiting for the position and documents that no qualified U.S. worker was available at the prevailing wage. Once certified, the employer files Form I-140 with USCIS, and the worker applies for the green card through adjustment of status or at a consulate when a visa number is available. For applicants born in some countries, the wait in EB-2 and EB-3 can be many years.

What Employers Need to Know

• Sponsorship involves legal obligations, including wage requirements and, for some visas, the cost of return transportation and the obligation to notify USCIS when employment ends
• Form I-9 compliance applies to every hire, and worksite audits are increasingly common
• Timing matters: H-2A and H-2B filings must start months before the season, and H-1B registration happens only once a year
• A denied petition can leave a position unfilled for a year, so the first filing should be complete and accurate

What Workers Need to Know

• Your status is usually tied to your employer. Losing the job can mean a short grace period to find a new sponsor or leave
• Working outside the terms of your visa can make you ineligible for future benefits
• Spouses and children may be eligible for dependent status, and some spouses can obtain work authorization
• If you are a victim of wage theft, trafficking or abuse by an employer, you may have separate protections, including the U visa or T visa, that do not depend on the employer

Why Workers and Employers Choose Ritchie-Reiersen

• Attorneys who practice immigration law exclusively
• Spanish-speaking attorneys for farmworkers and other Spanish-speaking employees and their families
• Eleven offices across Washington, Oregon, Idaho and Arizona, including in the agricultural centers of Yakima, Kennewick, Moses Lake and Wenatchee
• Clear timelines and costs before the employer commits to sponsorship

Frequently Asked Questions

Can an employer sponsor me for a green card while I am on a work visa?

It depends on the visa. H-1B, L-1 and O-1 workers can pursue permanent residence while maintaining status. H-2A and H-2B workers are expected to return home, and pursuing a green card while on those visas raises issues that should be discussed with an attorney first.

How long does an H-2A visa take?

The process involves a temporary labor certification from the Department of Labor, a petition to USCIS and consular processing for the worker. Employers should begin at least 75 days before the start date, and earlier is safer. Timelines change with agency workloads.

What is the H-1B lottery?

Because demand exceeds the annual H-1B cap, USCIS runs a registration lottery each March. Employers register candidates, selected registrations may file full petitions, and employment begins no earlier than October 1. Universities and certain nonprofits are exempt from the cap and can file at any time.

Can my spouse work if I have a work visa?

Some dependent spouses can apply for work authorization, including spouses of L-1 and E-2 workers and certain H-1B spouses whose partner has reached a specific stage in the green card process. Spouses of H-2A and H-2B workers generally cannot work.

Do you represent the worker or the employer?

In a sponsorship case the attorney is typically retained by the employer, since the employer is the petitioner. We explain to both sides who the client is and what each can expect. Workers with their own questions, including about protections from employer abuse, can consult us separately.

Our Immigration Attorneys

Attorney Eric Reiersen, also fluent in Spanish, practices immigration law alongside the team. Every consultation is available in English or Spanish.

We meet clients at our offices in Kennewick, Tacoma, Auburn, Yakima, Moses Lake, Everett, Spokane, Wenatchee, Portland, OR, Twin Falls, ID, Mesa, AZ. Phone and video consultations are available throughout Washington, Oregon, Idaho and Arizona.

Talk to an Immigration Lawyer

Call (888) 884-7337 or send us a message to schedule a confidential consultation. Se habla español.