New York City’s global workforce and business environment encourage many thousands of skilled people to apply for employment-based visas to work here legally every year.
However, professionals looking to work here and employers seeking to sponsor foreign workers can find that obtaining a visa is a complex, lengthy, and competitive process without professional legal guidance. Applications are document-heavy and considerable supporting evidence is required.
The experienced New York employment immigration lawyers at Urena & Associates can help professionals, companies, and entrepreneurs navigate the processes required by the U.S. Citizenship and Immigration Services (USCIS) to obtain the necessary visas.
Employment-based immigration is one of several avenues—along with family-based immigration and asylum/refugee status—through which non-U.S. citizens can travel to live and work legally in the U.S.
With the help of a qualified work visa attorney, businesses, entrepreneurs, investors, and professionals can obtain the necessary work authorization for legal employment based on a job offer, investment or professional skill.
The basic distinction between visa types in the U.S. is temporary (nonimmigrant) and permanent (immigrant) visas.
Nonimmigrant workers can work in the country temporarily, with a prospective employer typically filing a petition with the USCIS. Permanent workers are permitted to live and work permanently in the country, based on their skills, education, and experience. They may be able to file a petition with the USCIS without the help of an employer.
In many cases, the spouses and children of immigrants are entitled to lawful residence status and other benefits.
The H-1B visa allows U.S. employers to temporarily hire foreign workers in specialty occupations, such as information technology, finance, healthcare, engineering, architecture, academia, etc. The employee must have at least a U.S. bachelor’s degree (or foreign equivalent) in a relevant field.
L-1 visas are for managers and executives transferring within multinational companies or for transferring employees with specialized knowledge. These visas may be a good option for multinational business owners expanding operations to the U.S.
O-1 visas are for individuals with extraordinary ability, such as professionals in sciences, education, business, athletics, arts, film or the television industry. These visas require a record of exceptional achievements and U.S. employment sponsorship from a business or agent.
TN visas are for Canadian and Mexican professionals seeking temporary work visas under the NAFTA/USMCA agreements. They allow work in certain designated professions, including engineering, science, and healthcare.
These visas are Treaty Traders and Investors visas, allowing nationals of treaty countries to live and work in the U.S. to organize substantial trade between the U.S. and their home country or to invest in a U.S. business and manage/direct its operations.
H-2B visas allow seasonal non-agricultural workers to live and work in the U.S. These visas are commonly sought by employers in industries with seasonal or peak-load needs, such as hospitality (hotels, resorts), construction, and amusement parks.
Permanent employment-based Green Cards allow recipients to live and work in the U.S. permanently. The five EB visa categories are aimed at different groups of individuals, as follows:
These visas are for priority workers, i.e., those with extraordinary ability in sciences, arts, education, business or athletics, outstanding professors/researchers, and multinational executives. No labor certification is required and applicants can self-petition (no employment sponsorship is necessary).
EB-2 visas are “second preference” permanent visas for professionals with advanced degrees or exceptional ability in their fields. The National Interest Waiver (NIW) option allows self-petition if the applicant’s work benefits the U.S. significantly. Otherwise, applications first require a job offer.
EB-3 visas are for skilled workers, professionals, and other workers. Potential employees require a U.S. employer to sponsor the application, file the petition, and obtain PERM labor certification from the U.S. Department of Labor (DOL) to prove that no qualified U.S. workers are available for the job and that hiring the employee won’t negatively impact U.S. wages or working conditions.
These visas are for special immigrants, such as religious workers, certain international employees, broadcasters, and retirees of the U.S. Government Abroad. The EB-4 does not always require a job offer or labor certification, depending on the type of applicant.
The EB-5 is a foreign investor visa, designed for individuals who invest in a U.S. business and create jobs for American workers. The visa offers a direct path to a green card for the investor, their spouse, and their unmarried children under 21.
The employment immigration lawyers at Urena & Associates can help professionals achieve dreams, businesses expand, and entrepreneurs or investors find legal avenues into the U.S. market.
Whether you are considering an application for a temporary or permanent work visa, the process will likely be smoother with the help of an experienced immigration lawyer.
Depending on your goals and qualifications, our employment-based immigration lawyers can help secure your visa and help with:
Securing a work visa can take time even with the help of a seasoned immigration lawyer on your side, so it’s best to start the application process as early as possible.
Our team can handle all aspects of a USCIS work visa petition for foreign companies/professionals, entrepreneurs, and business leaders. We can also manage the process of securing visas for eligible family members.
Start with a consultation to discuss your goals and avenues that may be available to you.
Get trusted legal guidance for your situation. Contact us today to schedule your free, confidential consultation.
My husband and I selected Mr. Urena from a big list of qualified lawyers. From the moment that we spoke with him we knew that we had hired the best lawyer. He patiently walked us through the entire process, he was always available to answer our questions day or night, and he always presented us with all the options. We are so grateful for all his help. He fought hard for our case and my husband and I are finally together.
This is an amazing law firm, very honest and caring. Got my wife and kids their green cards in less than 3 months. Very well connected and will get the job done. It’s hard to find a good lawyer but Mr. Rafael is honestly one of the best. Continue doing amazing work and helping people. Thank you.
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