NYC Employment-Based Immigration Lawyers (Brooklyn, Manhattan)

Maybe one of the best ways to legally immigrate into the United States is through employment. When you get a job offer from a company in the U.S., you have a reason to immigrate and the employer is motivated to help. While the process is still long and fraught with pitfalls, a work visa attorney, like those at Kats Immigration Law in New York City, improves your chances of a success immigration process. Call the employment lawyers in Brooklyn or Manhattan today.

What Is Employment-Based Immigration?

Immigration into the United States based on employment is a legal process in which people from foreign countries are granted the right to live and work in the country because of their employment qualifications or job offers. This form of business immigration also applies to those looking to start a business or invest in a company. Every year, nearly 140, 000 employment-based immigration visas open to qualified applicants.

Employment-based immigration increases economic growth in the country by adding skilled labor and innovation. This type of immigration allows both temporary and permanent stays, depending on the specific type of visa. Examples include:

• An EB-5 visa, which awards a type of investment-based green card, provides permanent residency for successful applicants and their families.
• An H-1B visa allows you to work in the U.S. only for up to six years.

The annual quota for employment-based immigration is determined by the visa category and regulations set by the U.S. government. The policies regarding immigration are complex to navigate on your own, so seek a qualified work visa attorney like those at Kats Immigration Law in New York City. Alina Kats is a top employment-based immigration lawyer who guides you through visa selection, the application process and the associated deadlines.

Why Should I Hire an Employment Immigration Attorney?

Experienced employment lawyers in Brooklyn and Manhattan improve your chances of successful immigration. They understand the latest employment-based regulations and have access to immigration news, updates any pathways that may help you. A professional employment immigration lawyer in Brooklyn or Manhattan aids you in multiple ways, including:

• Your work visa lawyer evaluates your situation to choose the most appropriate visa option based on your travel purpose, duration of visit and personal choice.
• Laws around immigration change all the time, so your employment visa lawyer knows how to develop a strong case on your behalf.
• A professional work visa attorney ensures your application process doesn’t get stuck by finalizing all the requirements on time and addressing potential problems as they arise.
• Your employment immigration attorney answers all your questions about family immigration issues, as well.
• Your attorney prepares your case thoroughly, ensuring that all relevant evidence is properly presented, which increases your chance of approval.
• When you hire the best employment lawyers in Brooklyn or Manhattan, you reduce the chance of application errors, saving you time, stress and money.

While EB-5 visas are most commonly used by investors and entrepreneurs, those who opt for employment-based immigration typically include:

• Engineers
• Business or finance experts
• Scientists and researchers
• Information technology (IT) specialists
• Educators and other academics
• Legal professionals
• Healthcare professionals
• Creatives like artists and writers
• Hospitality and tourism managers

What Are the Steps to Apply for Employment-Based Immigration?

Like other immigration procedures, this process requires strict adherence to avoid errors and speed the application. Your best course of action is to start by hiring a work visa lawyer to guide you through the process. To apply for employment-based immigration, follow steps that include:

1. You receive a job offer from a U.S. employer that’s ready to sponsor your immigration. This offer must meet a specific set of requirements and be for a position that can’t easily be filled by qualified American workers.
2. Depending on your visa type, you may need a labor certification from the U.S. Department of Labor that there aren’t native workers who are qualified, available, able and willing to fill the position.
3. Then you have to file form I-140 with the U.S. Citizenship and Immigration Services (USCIS). A qualified employment-based immigration lawyer makes sure you complete this form properly.
4. USCIS assigns a priority date to your form to determine when an appropriate immigrant visa becomes available.
5. The next step depends on where you are:
   • If you’re presently in the U.S., you may file for an adjustment of status to become a permanent resident as a green card holder once the visa becomes available.
   • If you’re in your home country, you may need to go through consular processing at a United States embassy or consulate to get an immigrant visa.
6. You must submit to a medical examination as part of the application process. A USCIS physician conducts this exam.
7. USCIS may ask you to come for an interview to discuss your application and any further requirements.

Employment immigration takes several months to a few years, depending on your visa category, your home country and the immigration backlog. While the process may cost between $5,000 and $10,000, often your employer takes care all of the associated costs. A qualified NYC employment immigration lawyer in Brooklyn or Manhattan double-checks this before you pay for anything.

Your family members may also be allowed to enter the U.S. to live with you. Depending on the visa type, your spouse and unmarried children younger than 21 can accompany you as a class called “derivative immigrants.” Talk to your employment visa lawyer at Kats Immigration Law to determine if this rule applies to your family.

What Are the Different Categories of Employment-Based Immigration Visas?

Employment-based immigration in the United States has multiple categories. Each is designed for different classes of workers and work situations. The primary types, also called permanent visa categories, include:

• EB-1 visa
• EB-2 visa
• EB-3 visa
• EB-4 visa
• EB-5 visa

Depending on the objective of your visit to the U.S., you may just need a temporary or non-immigrant visa. These include but aren’t limited to a work visa, student visa or exchange visa. A sampling of non-immigrant visas include:

• L-1 visa
• E-1 visa
• O-1 visa
• R-1 visa
• TN visa

If you’re confused about which type of visa you need, contact Kats Immigration Law in New York City. These work visa attorneys help you navigate the complex immigration process in a way that’s best for your employment-based immigration needs.