New York Business Immigration Lawyer
At Markhoff & Mittman, P.C., our immigration attorneys help clients navigate U.S. immigration laws. A business immigration lawyer may represent individuals seeking permanent residency, green cards, citizenship, asylum, refugee status, nonimmigrant visas, student visas, temporary visas, deportation defense, removal defense, waivers, petitions, consular processing, and other legal issues related to immigration.
In New York City, there are thousands of immigrants who come from countries all across the world. They may be here legally or illegally. They may be seeking asylum, refugee status, permanent residency, green cards, citizenship, or any number of other things.
A New York immigration lawyer can help you understand the rules and regulations regarding immigration issues and assist you in filing your paperwork correctly. Additionally, a business immigration attorney can help businesses hire from abroad while employers stay in compliance with each immigration law.
Work Visa Legal Assistance
There are several types of visas available to foreign nationals. Some of these include student visas, H-1B visas, E-2 visas, TN visas, O-1 visas, EB-5 visas, and others. An employment-based visa is one of the most common types of visas used by foreigners. This means that the person applying for the visa has a job offer in hand.
However, there are certain requirements and immigration matters that must be met before a foreigner can apply for an employment-based visa. These requirements include proof of education, proof of English proficiency, proof of health insurance, proof of ability to pay back taxes, and other documents.
It is important to hire a qualified immigration attorney who understands the nuances of immigration laws in order to ensure that the application goes smoothly.
Work Visa USA
Getting a work visa can be one of the most complicated and expensive parts of the process of immigrating to the United States. It is usually required for people who wish to work and live in the United States. The U.S. Immigration and Naturalization Service (INS) issues work visas based on a number of factors, including the applicant’s job, education, skills, family ties, and other criteria.
The INS requires a lot of information and documentation. These documents include a visa application, an employment letter from an employer, proof of financial support, a background check, proof of physical fitness, a medical exam, and a police clearance.
At Markhoff & Mittman, P.C., our New York immigration practice has helped clients get a work visa for years. If you are an immigrant who needs to get a work visa, then contact us for a free consultation.
Intracompany Transfer Work Visa
This visa is available for those who wish to relocate to the United States. There are two types of visas available under this program. One is called “intra-company transfer,” and the other one is called “inter-company transfer.” Both these visas allow you to change jobs or companies without any problems.
An intra-company transfer visa is a temporary visa that allows you to change jobs within the same company. This visa is usually issued for three years and can be renewed once every year.
To qualify for this visa, you must fulfill certain requirements, including:
- You must have worked in the US for at least six months.
- You must have a valid passport.
- You must provide proof of employment.
- You must show that you have sufficient funds to support yourself.
Athlete & Entertainer Work Visa
Certain athletes, artists, and their support staff are eligible for the P-1 visa. The P-1 visa can be a viable option for you if you’re an athlete or artist traveling to the United States to participate at one or more events.
Foreign nationals who are coming to the US to compete in an international level athletic competition, either individually or in a group, are eligible for the P-1A temporary work visa category. The initial validity of the P-1A temporary work visa is limited to five years. However, an extension may be granted.
Extraordinary Ability Work Visa
People with exceptional talent in their profession might be qualified for an O-1 work visa in the United States. The O-1 visa enables foreign individuals who are at the pinnacle of their profession to come to the United States and work in their industry for an initial three-year period. These professionals may be from the arts, sciences, sports, education, business, film, or television industries. The O-1 visa is an excellent alternative for a work visa in the USA before beginning the employment-based green card application process because the requirements for both the O-1 visa and the EB-1A employment-based green card are comparable.
Temporary & Seasonal Work Visa
If a company is unable to find competent US applicants, they may look for temporary and seasonal foreign labor who may apply for the H-2 visa. For an H-2 visa, both skilled and unskilled employees are eligible. There are two subcategories of the H-2 visa available: H-2A for agricultural employees and H-2B for non-agricultural workers.
Investment Visa Legal Assistance
Through the EB-5 visa program, foreign investors can petition to become citizens of the United States permanently. EB-5 investors, their spouses, and their unmarried children under the age of 21 may become U.S. permanent residents if the necessary requirements have been met. Five years after acquiring their conditional permanent status, they will also have the chance to apply to become citizens of the United States.
Dependents of Work Visa USA Holders
In general, the holder of a work visa may bring immediate family members with them. Dependents under 21 can apply for a dependent visa, and they can also be listed as derivatives in employment-based green card applications. Many candidates have been successfully guided by our employment-based immigration attorneys through the dependent visa application procedure, including in circumstances where there were admissions restrictions due to prior visas or criminal offenses.
Consular Processing & Change/Adjustment of Status
While the change of status procedure is only available to applicants who are physically present inside the United States, the consular procedure is used by individuals who are outside the country. Your particular situation will determine the appropriate course of action about whether to pursue the consular procedure or a change of status petition. At Markhoff & Mittman, P.C., our legal team has assisted many applicants with the change of status and adjustment of status procedures. Whether you are requesting an employment-based green card or a work visa, we have knowledge of both procedures and can come up with the best solution for your case.
Outbound Work Permit Legal Assistance
This is also known as the “Work Permit” or “Employment Authorization Document” (EAD). This is issued by U.S. Citizenship & Immigration Services, granting foreigners the right to work without restrictions. Anyone wishing to obtain a work permit must submit Form I-765 to USCIS while physically present in the country.
Employment-Based Green Cards & Naturalization
In order to obtain an employment-based green card, applicants must first apply for a labor certification. This application is filed with the Department of Labor, and it determines whether the applicant has sufficient job offers to support his or her request for permanent residency. If approved, the applicant receives a labor certificate, which allows him or her to file an I-485 petition with USCIS.
An I-485 petition is used to adjust the immigration status of an alien based on a change in circumstances such as marriage, divorce, death, or birth. Once the adjustment is complete, the immigrant becomes eligible to receive a green card.
After receiving a green card, you can apply for naturalization. This means becoming a citizen of the U.S. Once you’re a citizen, you can vote, run for public office, serve on juries, and join the military.
How Do I Get An Employment-Based Green Card?
To obtain an employment-based green card, you must first file Form I-140, Petition For Alien Worker. You must submit this form to USCIS, the Department of Homeland Security’s immigration service.
This petition asks for permission to hire you as a worker in the U.S. To be considered for a job, you must show that you have a job offer from a company willing to sponsor you for a green card. You should also provide evidence that you have sufficient funds for yourself and your dependents.
USCIS reviews your application and decides whether to approve it. If approved, you will then receive a labor certification letter stating that you are qualified for a position in the U.S.
When you receive this letter, you can file Form I-485, Application To Register Permanent Residence Or Adjust Status. This form asks for proof that you’ve paid taxes in the past three years, that you have sufficient funds, and that you have no criminal record.
Once you complete these steps, you can apply for a green card. After filing the necessary paperwork, you can expect to wait anywhere between six months and several years for approval. The following are the different categories of employment-based green cards:
- EB-1 Green Card – first priority is given to exceptional foreign nationals, renowned professors, researchers, or multinational managers and executives.
- EB-2 Green Card – for those holding advanced degrees, possessing outstanding talent, or whose work awards them a National Interest Waiver.
- EB-3 Green Card – for both professionals and unskilled individuals who don’t fit the criteria for the EB-2 category.
- EB-4 Green Card – reserved for former military personnel, religious workers, and NATO-6 or G-4-status personnel.
- EB-5 Green Card – foreign investors can apply for this option.
Should I Hire an Employment Immigration Attorney?
If you are a foreign worker looking to apply for a work visa, work-based green card, or become a U.S. citizen or permanent resident, you may need to hire an immigration lawyer. The process is very complicated and there are a lot of rules and regulations. It is important to hire a lawyer who knows the system. Our team of employment and business immigration lawyers at Markhoff & Mittman, P.C. understand how to ensure each request is in compliance with all work-based immigration laws and regulations. Our team has experience in the following compliance services:
- Labor Condition Application (LCA)
- Form I-9, Employment Eligibility Verification Processes
- E-Verify Procedures for New Hires
Employment-Based Immigration Legal Assistance
At Markhoff & Mittman, P.C. in New York, we understand that the immigration process is complex and the stakes are high. Our firm is dedicated to helping individuals in the United States find a path to a more secure future. Whether you are a businessperson looking to hire a foreign national or a foreign national looking to relocate to the U.S., we are ready to help you.
Our attorneys are skilled at navigating the U.S. work-based immigration system, and we can help you secure permanent residency in the United States, obtain a visa, obtain lawful permanent residence, apply for naturalization, or become a U.S. citizen. We are committed to helping you build a better future. Call for a free consultation.
