Work Visa Lawyer located in NYC
Our work visa lawyer handles predominantly immigration matters. These include employment based immigration (non-immigrant visas and permanent residence), naturalization and family based immigration.
We help our clients to apply for employment based non-immigrant visas such as the following:
- H-1B visa which is a temporary work visa for specialty occupations;
- E-3 visa created specially for Australian nationals and has the same requirements as the H-1B visa in most respects;
- O visa for scientists, artists/performers and business people with extraordinary abilities;
- P visa for athletes, entertainment groups, cultural exchanges and ethnic performers;
- L visa for company transfers;
- J visa for training and educational exchange students; and
- E visa for treaty traders and investors.
In addition, the firm deals with petitions for the following employment based petitions for permanent residence (green card):
- EB1 visa for outstanding artists, scientists and business people;
- EB2 visa for aliens with advanced degrees and those who qualify for national interest waiver;
- EB3 visa for skilled workers with at bachelor’s degrees and/or equivalent work experience; and
- EB5 visa for foreign business investors.
During and pending the adjustment of status from non-immigrant to immigrant status, we will assist clients with applications for employment authorization and advance parole.
Last but not least, oru work visa lawyer provides advice and guidance on the road to naturalization for all permanent residents who seek to become a US citizen.
An alien worker can apply for a green card through sponsorship by a US employer. Depending on the qualifications of the alien worker, there are different employment categories, each with their own requirements and procedures.
Under the first employment based preference or EB-1 Visa, US employers can sponsor foreign workers who are extraordinary ability aliens, outstanding professors and researchers, and international managers and executives. Labor certification from the State Department of Labor is not required.
The second employment based preference or EB-2 Visa is for aliens with advanced degrees in the professional fields and aliens of exceptional ability in the sciences, arts or business. Advanced degrees mean degrees that go beyond the bachelor’s degree in an accredited US tertiary institution. Labor certification for this category is required.
Aliens in the EB-2 category may also apply for national interest waivers of job offer and labor certification requirements. The alien applying for national interest waiver must show that among other things, the alien’s particular field or profession is related to an important national goal and that the alien’s undertaking will promote an existing national goal.
The EB-3 Visa covers skilled workers (workers with bachelor’s degree but not necessarily any experience); skilled workers (workers capable of performing a job requiring at least two years of training or experience); and other workers or unskilled workers (workers capable of filling positions requiring less than two years of training or experience). However, certain health care professionals such as registered nurses and physical therapists are pre-certified meaning they do not have to go through the labor certification process with the State Department of Labor. This pre-certification is a result of the severe labor shortage in these professions.
Another employment based category, known as the EB-5 Visa is available for foreign entrepreneurs wishing to invest in the United States. If all requirements are met, the foreign investor and immediate relatives will be approved for a green card.