Temporary Visa Attorney — Glendale & Los Angeles
A temporary visa is a nonimmigrant classification for a specific purpose and period, such as business, investment, specialty work, or study, defined in INA § 101(a)(15), 8 U.S.C. § 1101(a)(15). DiJulio Law Group helps individuals and employers in Glendale and Los Angeles choose the right category, prepare the filing, and maintain status.
What is the difference between a temporary visa and a green card?
A temporary, or nonimmigrant, visa allows entry for a defined purpose and period, such as visiting, studying, working for a sponsoring employer, or directing a treaty investment, and the holder must keep to the conditions of that status. A green card is lawful permanent residence with no fixed end date. Many people hold a temporary status first and later pursue permanent residence through employment or family.
Nonimmigrant Categories for Visitors, Workers, Investors, and Students
INA § 101(a)(15) lists the nonimmigrant classifications, each identified by a letter. The ones most often used by Los Angeles individuals and businesses are B-1 business and B-2 tourist visitors; E-1 treaty traders and E-2 treaty investors; H-1B workers in specialty occupations; L-1 intracompany transferees; O-1 individuals of extraordinary ability or achievement; and F-1 academic students. TN status, available to qualifying Canadian and Mexican professionals under the USMCA, is authorized separately by INA § 214(e), 8 U.S.C. § 1184(e).
Under INA § 214(b), most nonimmigrant applicants are presumed to be intending immigrants until they show otherwise, which is why visitors and students generally must show, among other things, a residence abroad they do not intend to abandon. H-1B and L-1 workers are excepted from that presumption. Some categories are also limited by nationality: E-1 and E-2 visas are available only to nationals of a country that has a qualifying treaty with the United States, and the State Department's treaty country table controls that question.
Work categories carry their own gatekeepers. The H-1B is subject to an annual cap for most employers, and USCIS selects cap cases from electronic registrations before a full petition may be filed; institutions of higher education and certain related nonprofits and research organizations are exempt from the cap. Employers generally file H-1B, L-1, O-1, E, and TN petitions for workers inside the United States on Form I-129, while dependents and visitors generally use Form I-539 to extend or change status.
The visa stamp in a passport and the authorized stay are different things. The I-94 record sets how long a person may remain. Staying beyond it has consequences: under INA § 222(g), a nonimmigrant visa is generally void once the authorized stay is exceeded, and unlawful presence can trigger three- and ten-year bars to returning under INA § 212(a)(9)(B). For businesses bringing personnel to Los Angeles, temporary status is often the first step toward an employment-based green card, and relatives of citizens may have a separate path through a family-based petition.
Which Work Visa Fits: H-1B, L-1, O-1, E-2, or TN?
The right work visa depends on the person and the job. H-1B fits positions that require a degree in a specific specialty; L-1 fits transfers within a multinational company; O-1 fits individuals of extraordinary ability or achievement; E-2 fits treaty-country investors directing their own enterprise; and TN fits Canadian and Mexican professionals in listed occupations.
Each classification is governed by 8 C.F.R. § 214.2 (opens in a new tab). For a company, the choice is also structural: L-1 and E-2 cases depend on ownership of the U.S. entity, so they are often planned alongside forming the U.S. entity and cross-border work in China. Workers who expect to stay long term should map the employment-based green card path at the same time.
| Visa | Best fit | Key requirement | Main limit |
|---|---|---|---|
| H-1B | Professional role with a U.S. employer | A job requiring a bachelor's or higher degree in a specific specialty, plus a certified labor condition application | Annual cap and registration for most employers |
| L-1 | Transfer from a related company abroad | One continuous year abroad within the prior three years in a qualifying role | A qualifying corporate relationship is required |
| O-1 | Individual with a record of acclaim | Sustained national or international acclaim, or extraordinary achievement in film or television | A peer group or union consultation is generally required |
| E-2 | Investor developing and directing a U.S. business | A substantial investment of capital at risk in a real, operating enterprise | Only nationals of treaty countries |
| TN | Canadian or Mexican professional | A job offer in a profession listed under the USMCA and the required credentials | Citizens of Canada and Mexico only |
Can I Change Status Inside the United States, and Do I Get a New Visa?
An approved change of status lets you remain in the United States in the new classification, but it does not put a new visa in your passport. USCIS changes the status and issues a new I-94 record; only a U.S. embassy or consulate issues visas. After traveling abroad, you generally need a visa in the new category to return.
The request generally must be filed before the current I-94 expires. Under 8 C.F.R. § 248.1(b) (opens in a new tab), USCIS may excuse a late filing only in its discretion and in limited situations, such as a delay caused by extraordinary circumstances beyond the applicant's control. Otherwise, a family-based petition or a consular application may fit better. Review the options with the attorneys at DiJulio Law Group before the authorized stay runs out.
- Crewmembers (D) and people in transit (C) generally cannot change status (8 C.F.R. § 248.2).
- J-1 exchange visitors subject to the two-year foreign residence requirement who have no waiver are generally barred, with narrow exceptions.
- M-1 vocational students may not change to F-1 student status (8 C.F.R. § 248.1(c)).
330 North Brand Boulevard, Suite 1280
Glendale, California 91203
Los Angeles County Superior Court, including the Glendale and Stanley Mosk courthouses.
Employment-based, family-based, and temporary visa matters for individuals, families, and California employers.
Temporary Visa Matters We Handle
The firm assists individuals and businesses with temporary work visas and nonimmigrant matters connected to investment and business activity in the United States, often alongside forming the U.S. entity that will sponsor or employ the applicant and other business and corporate law work.
E-1 and E-2 Treaty Visas
Treaty trader and treaty investor applications for nationals of treaty countries, documenting the trade or investment, the U.S. enterprise, and the applicant's role. Investors often need business contracts and transactions counsel in parallel.
H-1B Specialty Occupation Visas
Cap registration, petitions for positions that require a bachelor's or higher degree in a specific specialty, the labor condition application filed with the Department of Labor, and amendments or extensions when employment changes.
L-1 Intracompany Transfers
Transfers of managers and executives (L-1A) and specialized-knowledge employees (L-1B) who have worked for a related company abroad for one continuous year within the preceding three years, including new-office petitions for companies with cross-border operations in China and elsewhere.
O-1 Extraordinary Ability
Petitions for individuals with sustained acclaim in the sciences, arts, education, business, or athletics, and for those with a demonstrated record of extraordinary achievement in motion picture or television production.
B-1/B-2, F-1, and TN Matters
Visitor visa questions, student status issues, and TN applications for Canadian and Mexican professionals, including what activities each status does and does not permit.
Extensions and Changes of Status
Form I-539 and I-129 filings to extend a stay or move from one nonimmigrant category to another under INA § 248, prepared before the current authorized stay expires.
Temporary Visa Cases That Reach Our Office
Composite examples drawn from the kinds of matters this practice handles. They illustrate common fact patterns and are not descriptions of specific client cases or predictions of any result.
The Treaty Investor Buying a Business
A foreign entrepreneur plans to buy a Glendale restaurant and run it on an E-2 visa. Before signing, the investor needs to confirm that the home country appears on the treaty table, that the capital is committed and at risk, and that due diligence on the business supports the application.
The Film Professional With an Offer
A cinematographer working abroad receives an offer to shoot a Los Angeles production. An O-1 petition turns on documenting a record of extraordinary achievement, and it generally must include a written consultation from an appropriate union or peer group.
The Visitor Offered a Job
A business visitor is offered a position at a Los Angeles company during a trip. B-1 status does not authorize employment, so the question becomes whether a change of status is available or whether the worker must depart and apply for the correct visa abroad.
When a Temporary Visa Matter Needs a Lawyer
- You intend to work for a U.S. company or open a business here and need the right status.
- Your I-94 date is approaching and you want to extend or change status.
- A consulate refused a visa under INA § 214(b) or placed the case in administrative processing.
- An employer changed the job, worksite, or ownership during an H-1B or L-1 stay.
- You stayed past your authorized period or worked without authorization.
- You plan to travel abroad while an extension or change of status is pending.
What to Do First
Match purpose to category
Define what the person will actually do in the United States, for whom, and for how long, then compare the categories. Activities outside a status's limits can jeopardize future applications.
Check the I-94
Retrieve the current I-94 record from U.S. Customs and Border Protection and calendar the expiration. Extension and change of status requests should generally be filed before that date.
Prepare for the interview
Consular officers decide most visa applications at the interview, and their decisions are generally not reviewable in court, as the Supreme Court's 2024 decision in Department of State v. Muñoz reflects. Contact our Glendale office to prepare before the appointment.
Related Case Studies
Court decisions and legal developments DiJulio Law Group has analyzed that bear on temporary visas matters. Each summary explains the law; none describes a firm client or result.
Temporary Visas — Questions California Clients Ask
Questions visitors, students, workers, and employers in Glendale and Los Angeles ask about temporary visas. For questions about working with the firm, see the {{faq|firm FAQ}}.
Can I work in the United States on a B-1/B-2 visitor visa?
No. B-2 status is for tourism and similar visits, and B-1 status permits limited business activities such as attending meetings, consulting with business associates, and negotiating contracts. Neither allows productive employment for a U.S. employer or being paid from a U.S. source for local work. A visitor who receives a job offer needs a work-authorized status, which may require a change of status or a new visa.
What is an E-2 treaty investor visa, and who qualifies?
The E-2 visa, under INA § 101(a)(15)(E)(ii), lets a national of a treaty country develop and direct a U.S. business in which the investor has invested, or is actively investing, a substantial amount of capital. Eligibility depends first on nationality, so confirm the country appears on the State Department treaty table. The regulations do not set a fixed dollar minimum; the investment must be substantial in relation to the business.
How does the H-1B cap registration work?
For cap-subject employers, the employer or its representative first submits an electronic registration to USCIS for each worker during the registration period. Only registrations that USCIS selects may be followed by a full H-1B petition. The selection method and deadlines are set by regulation and have changed in recent years, so check the USCIS H-1B page for the current rules. Cap-exempt employers can file at any time.
What is the difference between the L-1A and the L-1B?
Both are intracompany transfers under INA § 101(a)(15)(L) for employees who have worked continuously for one year, within the prior three years, for a qualifying related company abroad. The L-1A is for managers and executives, and the L-1B is for employees with specialized knowledge of the company's products, processes, or procedures. The L-1A can also lead toward an EB-1 green card for multinational managers.
Can I change from one visa status to another without leaving the United States?
Often, yes. INA § 248 allows a change from one nonimmigrant classification to another if the person was lawfully admitted and is maintaining status. Some people are not eligible, including K fiancé(e)s and those admitted under the Visa Waiver Program. The request should generally be filed before the current I-94 expires, and leaving the country while it is pending generally abandons it.
What happens if I stay past the date on my I-94?
Several consequences may follow. Under INA § 222(g), the visa used to enter is generally void, and the person usually must apply for future visas in the home country. Unlawful presence of more than 180 days followed by departure can bar return for three years, and one year or more can bar return for ten years, under INA § 212(a)(9)(B). Get advice before departing.
What is TN status?
TN status allows citizens of Canada and Mexico to work in the United States in listed professional occupations under the United States-Mexico-Canada Agreement, as authorized by INA § 214(e). The applicant needs a qualifying job offer in a listed profession and the required credentials, such as a degree or license. TN is a temporary status, so the applicant must intend a temporary stay.
Can a temporary visa lead to a green card?
It can, but the path depends on the category. H-1B and L-1 workers are exempt from the presumption of immigrant intent, so an employer can sponsor them for permanent residence while they remain in status. Visitors, students, and other categories that require nonimmigrant intent need more careful planning, because a green card filing can affect travel and future visa applications.
Talk to an Immigration Attorney
Bring your passport, visa, I-94, and the details of the job, school, or investment. We will identify the categories that fit and what each requires. Learn about our attorneys and the firm, see our other practice areas, or read how visa refusals are reviewed in our case studies.