Business Immigration Lawyer

A primary focus for many companies is securing visas for employees with specialized skills or for internal transfers. The processes and requirements for each category differ significantly, necessitating careful evaluation before a petition is filed.

• The H-1B Visa is designated for specialty occupations, typically requiring a bachelor’s degree or equivalent, and is subject to an annual congressional cap (with certain exceptions for advanced degree holders).
• The L-1A/L-1B Visa allows a company to transfer executives, managers, or employees with specialized knowledge from one of its affiliated foreign offices to an office in the U.S., often used for corporate relocation to New York.
• The O-1 Visa is reserved for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the film or television industry.

Foreign investment is a significant economic driver in New York, and certain visa categories facilitate this type of international business activity. These options are specifically designed for nationals of countries that maintain treaties of commerce and navigation with the United States.

• The E-2 Treaty Investor Visa allows an individual to enter the U.S. to direct the operations of an enterprise in which they have invested a substantial amount of capital. This visa requires the investment to be active, irrevocable, and sufficient to ensure the successful operation of the enterprise.
• The E-1 Treaty Trader Visa permits individuals to enter the U.S. solely to carry on substantial trade, including trade in services or technology, principally between the United States and the foreign national’s treaty country.

Employment-based Green Cards are categorized into five preferences, each with unique criteria regarding the employee's skill set and the employer's need. Selecting the optimal category is a crucial first step in the permanent residency application.

• EB-1 (Priority Workers): Reserved for persons of extraordinary ability, outstanding professors or researchers, and certain multinational executives or managers (L-1A recipients often qualify here). This category typically offers a faster path as it usually avoids the PERM labor certification requirement.
• EB-2 (Professionals with Advanced Degrees or Exceptional Ability): Requires a job that demands an advanced degree or its equivalent, or exceptional ability in the sciences, arts, or business. This category often necessitates the PERM process to prove that no qualified U.S. worker is available.
• EB-3 (Skilled Workers, Professionals, and Other Workers): For skilled workers (requiring at least two years of experience or training), professionals (requiring a bachelor's degree), and other workers (unskilled labor). This is generally the most utilized category and also requires the PERM process.

The EB-5 Immigrant Investor Program offers a path to permanent residency for foreign investors who make a qualified investment in a commercial enterprise in the United States. New York City, in particular, is a major focus for investment through this program.

The EB-5 Visa requires a substantial capital investment, generally $1.05 million, or $800,000 if the investment is made in a Targeted Employment Area (TEA), which can include certain regions within the New York metro area. Crucially, the investment must create or preserve at least 10 full-time jobs for U.S. workers within two years. Due to the high financial stakes and regulatory complexity, counsel experienced with the regional center designation and source-of-funds documentation is strongly advised.

All employers are required to verify the identity and employment authorization of every new employee, a process formalized by the Form I-9. Compliance is not merely a formality but a mandatory element of hiring practices.

• Employers must accurately complete and retain Form I-9s for all new hires, both U.S. citizens and non-citizens.
• Failure to comply with I-9 verification rules can lead to substantial civil and criminal penalties, including fines for technical violations or knowing employment of unauthorized workers.
• Attorneys practicing in this area can assist companies in establishing secure I-9 compliance programs and represent the company during government audits, helping to mitigate potential liability in the highly regulated New York business environment.

Selecting representation that is highly familiar with the specific operational landscape of New York offers distinct advantages. These include familiarity with regional processing trends and the economic arguments needed to justify positions and prevailing wages in the competitive New York labor market. Understanding the typical scrutiny applied to New York-based petitions can significantly enhance the preparation and ultimate success of a submission.