Why You Need a Business Immigration Lawyer

A primary focus for many companies is securing visas for employees with specialized skills or for internal transfers. 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. The L-1 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. Additionally, the O Visa is reserved for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics.

Foreign investment is a significant economic driver in New York, and certain visa categories facilitate this type of international business activity. 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. Similarly, the E-1 Treaty Trader Visa permits individuals to enter the U.S. Solely to carry on substantial trade 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 to avoid unnecessary delays.

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 and 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 Investment Immigration is strongly advised to manage source-of-funds documentation.

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 that carries severe consequences for violations. 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 assist companies in establishing secure I-9 compliance programs and represent the company during government audits.

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. Experienced counsel leverages this local insight to build stronger cases for Business Immigration petitions.