Your Career in America Shouldn't Depend on a Single Immigration Error
H-1B visas, O-1, L-1, employment-based green cards, and PERM labor certification — nationwide
You're a skilled professional. You've built something here — a career, a reputation, a team that relies on you. But your ability to work legally rests on a visa status that can unravel if one deadline is missed or one form is filed incorrectly.
H-1B cap lotteries. PERM audits. Green card backlogs for nationals of India and China stretching a decade or more. The employment immigration system is technically demanding — and the stakes are your career.
How Work Authorization Problems Happen
- ✕H-1B approval delayed past start date — you can't work, your employer loses confidence
- ✕Cap-gap period mismanaged — you inadvertently fall out of status
- ✕PERM application audited and denied due to recruitment documentation failures
- ✕I-140 approved but green card backlog stretches so long your employer stops sponsoring
- ✕Unlawful presence accrues, triggering a 3- or 10-year bar to reentry
Every one of these is preventable with experienced legal counsel. But once status lapses, options narrow fast.
The Path Forward
Work Authorization With Red Knot Law
1
Free Consultation — Know Your Options
We assess your current status, your employer's sponsorship capacity, your credentials, and the most strategic pathway — H-1B, O-1, EB-1, EB-2, or L-1. Honest assessment, not a sales call.
2
Petition Preparation — Built to Approve
A complete, well-documented petition — including employer support letters, expert opinion letters for O-1/EB-1, PERM recruitment documentation, and all supporting evidence. Strong petitions get approved. Weak ones get RFEs.
3
Filing, Tracking, and RFE Response
We file and monitor. If USCIS issues a Request for Evidence, we respond within the deadline with a comprehensive, legally sound response — not a template.
4
Green Card Path Planning
For professionals on temporary visas, we map your long-term green card strategy — EB-1, EB-2 with NIW, or PERM — and advise on when to begin to protect your place in line.
Visas & Green Cards
Work Authorization We Handle
Specialty Occupation
H-1B Visa
The most common work visa for tech, finance, engineering, and healthcare professionals. We handle cap-subject registrations, employer filings, extensions, and transfers.
Extraordinary Ability
O-1 Visa
For individuals with sustained national or international acclaim. Not subject to the H-1B lottery. We build strong O-1 petitions backed by robust expert opinion letters.
Intracompany Transfer
L-1 Visa
For multinational employees transferring to a U.S. office. L-1A for managers and executives; L-1B for specialized knowledge workers.
USMCA
TN Status
For qualifying professionals from Canada and Mexico under the USMCA treaty. Faster processing than H-1B, no lottery, no employer petition required for Canadians.
Permanent Residence
Employment-Based Green Cards
EB-1A (extraordinary ability, self-petition), EB-1B (outstanding researcher), EB-2 NIW (national interest waiver, self-petition), EB-2/EB-3 with PERM labor certification.
The Priority Date Problem — and What to Do About It
Nationals of India and China face lengthy backlogs in EB-2 and EB-3 due to per-country caps. Strategic options exist: EB-1A or EB-1B petitions, the EB-2 National Interest Waiver (no employer required), or maintaining H-1B extensions beyond 6 years if your I-140 is approved. We counsel professionals on these decisions regularly.
Your Attorney
Immigration Counsel
MM
Melissa Malmgren
New York Law School · Immigration Practice Lead
New York Bar DC Bar AILA Member
Melissa has guided professionals in technology, medicine, engineering, finance, and academia through H-1B sponsorships, EB-1 petitions, and PERM labor certifications. She works directly with corporate HR and legal teams as well as individual professionals.
View Full Profile → Common Questions About Work Authorization
What happens if I lose my H-1B job?
You have a 60-day grace period after termination to find a new H-1B employer who will file a transfer petition, change to another non-immigrant status, or depart the U.S. Contact us immediately — the clock starts on termination date.
Can I change employers while on an H-1B?
Yes — through H-1B portability. If you have an approved I-140 and your new employer files an H-1B transfer petition, you can begin working for the new employer when the petition is filed, not waiting for approval.
How long does the employment-based green card process take?
It depends on the category and your country of birth. EB-1 petitions can process in months. EB-2 and EB-3 can take years due to per-country annual limits — particularly for nationals of India and China.
What is the EB-2 National Interest Waiver?
The NIW allows individuals with advanced degrees or exceptional ability who can demonstrate their work serves the national interest to self-petition for a green card without employer sponsorship. We build strong NIW petitions for researchers, physicians, and advanced professionals.
Immigration Notice: No immigration outcome is guaranteed. Every immigration case is unique and depends on individual circumstances, current regulations, and government processing times. We cannot predict outcomes or timelines with certainty. This website does not solicit cases from any jurisdiction where we are not admitted to practice law.