What is the H-1B visa lottery?

The H-1B has an annual cap of 65,000 visas (plus 20,000 for U.S. master's degree holders). When applications exceed the cap, USCIS conducts a random lottery. Employers must register during the designated period (typically March) [§ 8 U.S.C. 1184].

Can I change employers on a work visa?

H-1B portability allows you to begin working for a new employer as soon as the new petition is filed (not yet approved). Other visa types have varying transfer rules. Always consult an attorney before changing jobs.

Topic guideUpdated 2026-02-27

Work Visas & Employment-Based Immigration in Montana

H-1B, L-1, O-1, PERM labor certification, E-Verify requirements, and professional licensing in Montana.

Employment-based immigration allows foreign nationals to work in the U.S. temporarily or permanently. The INA establishes several visa categories and employer sponsorship requirements §8 U.S.C. 1153.

Common work visa categories

	Duration	Key requirement
H-1B	3 years (renewable to 6) §8 U.S.C. 1101	Specialty occupation requiring bachelor's degree or higher
L-1	1-3 years (renewable) §8 U.S.C. 1101	Intracompany transferee in managerial or specialized knowledge role
O-1	3 years (renewable) §8 U.S.C. 1101	Extraordinary ability in sciences, arts, education, business, or athletics
TN	3 years (renewable) §8 U.S.C. 1101	USMCA (formerly NAFTA) professional from Canada or Mexico
E-2	2 years (renewable) §8 U.S.C. 1101	Treaty investor from qualifying country

E-Verify in Montana

Not mandatory for private employers statewide. Some state contracts may require E-Verify. Montana has not enacted a broad mandatory E-Verify requirement.

Professional licensing

Montana has a statute directing state agencies to require proof of U.S. citizenship or lawful immigration status before issuing professional licenses; the enforceability of that statute has been the subject of litigation, and individual licensing boards apply their own requirements. Non-citizens, including DACA recipients, should confirm eligibility for a specific license with the relevant board or an immigration attorney. §MCA 1-1-411

PERM labor certification

For permanent employment-based green cards, most employers must complete the PERM labor certification process through the Department of Labor, demonstrating that no qualified U.S. worker is available for the position §8 U.S.C. 1182(a)(5).

✓Work visa petitions are time-sensitive. H-1B petitions are subject to an annual lottery. Start planning well in advance of any employment start date or status expiration.

Prepare for Your Consultation

Quick checklist (Immigration)

Gather these before your first consultation.

Valid identification

(passport, birth certificate, national ID)

Immigration documents

(visa, I-94, approval notices, prior petitions)

Supporting evidence

(employment records, family ties, financial docs)

General preparation tips only. Specific needs depend on your case type and immigration status.

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