NYC Work Visa Lawyer

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Get answers to the most common Immigration law questions:

• How do I obtain a PERM, EB1, EB2 or other Permanent Resident Green Card?
• How long does the Visa process take and how much does it cost?
• Can my employer sponsor me for an employment visa in the US?
• I’m an employer, how can I utilize PPID to handle my Immigration needs?
• Do I qualify for H1B, o1, TN, J1, E1, or other Temporary Work Visa?

Permanent Residence Green Cards

PERM Labor Certification

Employing foreign workers for an American business is a complex, multi-step process that involves several different government agencies. The U.S. Department of Labor mandates that all businesses seeking to hire immigrants must first obtain a labor certification through the Program Electronic Review Management (PERM) before filing the visa petition on behalf of the foreign worker. The purpose of this program is to ensure that foreign workers do not displace opportunities for U.S. workers. Navigating this process requires expertise and careful attention to details and stringent deadlines. A certified PERM application is required for most petitions in the second (EB-2) and for all petitions in the third preference (EB-3) category PPID attorneys will guide you through every step of this process.

If your business needs help obtaining a PERM labor certification, reach out to PPID today. In many cases, especially if your foreign worker is from a country affected by visa retrogression, timing is of critical importance.

Employment Based Green Card Preference Categories

First preference (EB-1)

The first employment-based preference category provides a pathway to permanent residency in the United States for individuals with extraordinary abilities in science, arts, education, business, or athletics (EB-1A); outstanding professors and researchers (EB-1B); and multinational managers and executives (EB-1C).

For those with extraordinary talents or accomplishments in science, arts, education, business, or athletics, the EB-1A Green Card offers an opportunity to showcase your sustained national or international acclaim. If you are recognized as a leader in your field, this could be your ticket to establishing yourself in the U.S. You do not need a job offer from a US employer to qualify for EB-1A.

Outstanding professors and researchers with a minimum of 3 years of teaching or research experience can also qualify for permanent residence in the EB-1B preference category. With an offer of tenure or a comparable research position from a reputable U.S. university or research institution, a new chapter in your career awaits.

For multinational managers and executives, the EB-1C Green Card is the gateway to advancing your career in the U.S. Having been employed for at least one year in the past three years by an overseas affiliate, parent, subsidiary, or branch of a U.S. employer, you can now take on a managerial or executive role within the country.

At PPID, we understand the complexities of all EB-1 Green Card categories, and we are here to guide you every step of the way. Our team of experienced immigration attorneys will work tirelessly to ensure your application is presented with precision and care, increasing your chances of success in this exclusive immigration category.

Second preference category (EB-2)

EB2 is an avenue to permanent residency in the United States for individuals with advanced degrees or exceptional abilities in the sciences, arts, or business. There are several ways to qualify for an EB-2 filing. If you hold a master’s degree or higher, or a bachelor’s degree along with five years of progressive work experience, your employer can sponsor you by securing a labor certification (PERM) on your behalf. You can also seek a waiver of the labor certification requirement through the National Interest Waiver (NIW) if your work is in the national interest and you are well positioned to advance the field. Finally, if you are a nurse or a physical therapist, or if you possess exceptional ability in the sciences, arts or business, you may qualify for a Schedule A blanket labor certification.

Third preference category (EB-3)

This preference category requires an offer for permanent employment by a US business and a certified PERM labor application. There are several subcategories depending on the minimum requirements for the offered job:

• Professional workers, whose position requires a bachelor’s degree.
• Skilled workers, whose job requires at least two years of experience.
• Other workers, whose job requires less than two years of experience.

At PPID, we understand the significance of employment based Green Cards for individuals seeking to further their careers and pursue new opportunities in the United States. Our team of experienced immigration attorneys is well-versed in the intricacies of all preference categories and is dedicated to providing you with expert guidance throughout your journey.

Whether you are an accomplished professional with advanced expertise or a skilled worker with valuable experience, we are here to assist you in navigating the complex employment based Green Card process. Let us help you pave the way to a brighter future in the U.S. Contact us today to learn more about how we can support you in securing your employment based Green Card with confidence.

Temporary Work Visas

H1B Visa

This visa category is designed for foreign workers in specialty occupations. US companies can apply for H-1B visas for individuals who have at least a bachelor’s degree or its equivalent and can perform complex job duties related to their field of study. In some cases, individuals working on Department of Defense projects and fashion models can also qualify for these visas.

Whether your business aims to recruit foreign employees with advanced computer skills, a strong scientific background, or other specialized qualifications, the PPID Immigration team is here to assist you.

H2B Visa

H-2B visas allow employers in non-agricultural industries to hire foreign workers on a temporary basis. The authorization is given for a limited time, usually up to nine months, to help meet specific temporary need, most commonly seasonal work, or busy periods (peak-load). It is also possible to obtain an H-2B visa for one-time need if the employer can establish that it has never employed anyone in this position before and will not need the worker beyond the end of the temporary period.

When faced with a shortage of available U.S. workers to fill certain positions, employers have the option to initiate the H-2B application process. This process begins with the employer requesting a temporary labor certification from the U.S. Department of Labor. Once they have obtained the certification, they proceed to file Form I-129, petition for nonimmigrant workers with the U.S. Citizenship and Immigration Services. Finally, if the prospective workers are abroad, they must apply for a visa through the U.S. Embassy or Consulate in their home country before they can enter the United States and begin their employment. To learn more, reach out to our experienced lawyers at PPID.

We are dedicated to assisting both businesses and workers with the requirements of the H-2B visa program. If your U.S. business is dealing with staffing shortages during peak seasonal demand, our experienced immigration lawyers can guide you through the complex process.

J1 Visa

Administered by the Department of State, the J-1 Visa Program aims to offer participants an opportunity to receive training and acquire valuable skills for their future careers. This program allows individuals to experience American culture while enhancing their English language abilities. There are 15 different kinds of J programs, such as au pairs, camp counselors, short-term scholars, professors, and summer work and study, each having unique eligibility requirements, duration, and restrictions on repeat participation. For those looking to undergo training in a specific field or occupation with a U.S. employer, the J-1 visa can be a promising option.

Applicants must prove no intent of immigrating to the U.S., and will depart from the country following the completion of their training.
Unlock boundless opportunities to train, learn, and embrace American culture with the J-1 visa program.

TN Visa

We specialize in helping Canadian and Mexican citizens seize the opportunities of the TN visa – a nonimmigrant visa that grants temporary work authorization in the United States. Originally part of NAFTA and now preserved under the USMCA, the TN visa caters to professionals engaged in specific enumerated occupations. If you have a bachelor’s degree or relevant credentials and the expertise required for your chosen profession, our experienced attorneys are here to guide you through the TN visa process, making your dream of working in the U.S. a reality. Discover a world of possibilities with the TN visa – contact us today to take the first step towards your successful American career.

E1 Visa

E-1 visas serve as a gateway for foreign nationals actively involved in substantial trade between the United States and their home country. Our law firm specializes in assisting individuals from treaty countries to navigate the E-1 visa process with ease. To qualify, you must be a national of a treaty country and intend to engage in continuous and sizable international trade primarily between your home country and the U.S. This trade can encompass goods, services, international banking, insurance, technology transfer, and more.

PPID immigration attorneys will guide you through the intricacies of the E-1 visa, ensuring you meet all requirements for a successful application. E-1 status is typically granted for up to two years, and it can be extended in two-year increments as long as you continue to engage in qualifying trade activities.

E2 Visa

PPID lawyers can knowledgeably assist foreign nationals seeking to make a substantial investment in a U.S. enterprise through the E-2 visa program. If you are a citizen of a treaty country and have plans to develop and oversee the operations of an enterprise in which you are investing a significant amount of capital, the E-2 visa could be the ideal pathway for you.

Our experienced immigration attorneys will guide you through the E-2 visa process, ensuring your investment meets the necessary criteria for approval. Your investment must be substantial, active, at risk, and proportionate to the nature of the business, showcasing your genuine financial commitment to the enterprise.

With the E-2 visa, you can enter the U.S. to nurture and grow your commercial venture, driving success and expanding your business horizons. The initial period of admission in E-2 status is 2 years, but it can be extended if you continue to maintain the qualifying investment and actively manage your enterprise.

O1 Visa

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

The O nonimmigrant classifications are commonly referred to as:

• O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
• O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
• O-2: Individuals whose services are essential to the O-1 artist or athlete’s performance or event.
• O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.

FAQs

Q: How Can a Lawyer Assist With the Labor Certification Process?

A: An attorney can help support employers with the general process required for obtaining a labor certification with the Department of Labor, which can be lengthy and complex. They can help with the recruitment of US workers and thoroughly document all processes. After recruitment has been carried out for at least a month, they can assist with gathering appropriate supporting documents and accurately and completely filling out the application.

Q: Can I Include My Family Members in My Employment-Based Visa Application?

A: Yes, it is possible to list your family members in your employment-based visa application, which includes your spouse and unmarried children under the age of 21. If you are applying for an employment-based green card, your children and spouse will be able to apply as derivative beneficiaries. For other types of employment-based visas, your family members will typically need to get dependent visas. An experienced lawyer can assist you with this.

Q: Is It Worth Getting a Lawyer for an Employment-Based Visa?

A: As applying for an employment-based visa is complex, it can be worth it to work with an experienced lawyer. They can analyze your case details and goals to determine which employment-based immigration avenue is ideal for your case and support you throughout the application process. If additional documents, such as a labor certification, are required, they can work closely with your employer to secure and submit essential documentation.

Q: Can a Lawyer Help Me Appeal an Employment-Based Visa Denial?

A: If you’ve submitted an employment-based visa application that has been denied, an attorney can assist you with appealing the decision. They can analyze your rejection letter and case details, working to understand the reasons why your case was denied. Based on this analysis, they may advise you to file an appeal or submit a new application with more supporting documents. Furthermore, they can work to strengthen your case and represent you in legal proceedings.

Q: What Is the Process for Obtaining an Employment-Based Visa?

A: The process for obtaining an employment-based visa is dependent on the type of visa the applicant is pursuing and the particular details associated with their case. However, the application process may generally involve securing an employer sponsorship and, in some cases, obtaining a labor certification from the Department of Labor.

Upon obtaining the required documentation, potential employees can apply for a visa. After acceptance, the applicant may go through consular processing or request an adjustment of status.

Obtain Vital Support With Pursuing Your Professional Goals in New York City

Whether you are already located in New York or are looking to move to the city to take advantage of the economic opportunities available, an experienced employment visa lawyer from PPID can assist you by analyzing your case and helping you understand your options. We can help you apply for a visa and ensure your family can accompany you. From short-term work visas to employment-based green cards, we are here to support you on your professional journey.