Immigration Attorney in Manhattan : Guide to Employment-Based Immigration

EB-1 visas are reserved for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. EB-2 visas serve professionals holding advanced degrees or individuals with exceptional ability in their fields. An immigration attorney in Manhattan assisting with these categories must gather comprehensive documentation, including peer recognition, publications, awards, and expert recommendations. The labor certification process for EB-2 positions requires demonstrating that no available U.S. Workers can perform the job at prevailing wages, which demands detailed job descriptions and recruitment evidence.

EB-3 visas accommodate skilled workers (requiring at least two years of experience or training) and unskilled workers in positions for which the employer cannot find willing and able U.S. Workers. The labor certification requirement for EB-3 cases is more stringent than EB-2, requiring employers to demonstrate active recruitment efforts and inability to fill positions with domestic workers. An immigration attorney in Manhattan handling EB-3 cases must coordinate with employers to compile recruitment documentation, prevailing wage determinations, and job offer letters that satisfy Department of Labor requirements.

The Permanent Labor Certification (PERM) process requires employers to post job advertisements, conduct interviews, and document all recruitment efforts. The Department of Labor may audit PERM applications at random or based on specific risk factors, requiring employers to maintain detailed records of all recruitment activity. An immigration attorney in Manhattan assisting with PERM applications ensures that job descriptions accurately reflect actual position requirements, that prevailing wage determinations are current, and that recruitment methods comply with regulatory standards. The attorney must also prepare the employer for potential Department of Labor requests for additional evidence or clarification.

Once labor certification is approved, the employer files Form I-140 with USCIS to establish that the foreign worker qualifies for the requested visa category. The I-140 petition requires detailed evidence of job qualifications, educational credentials, work experience, and the employer's ability to pay the offered wage. An immigration attorney in Manhattan coordinates the compilation of supporting documentation, including educational diplomas, employment letters, tax returns, and financial statements. The attorney must ensure that all evidence is organized chronologically and clearly demonstrates the applicant's eligibility and the employer's capacity to sponsor the position.

The New York USCIS Field Office, located at 201 Varick Street in Manhattan, processes employment-based cases following federal USCIS procedures with specific local practices. USCIS officers at the Manhattan field office typically request additional evidence (Request for Evidence or RFE) in employment-based cases at higher rates than national averages, particularly for EB-3 labor certifications and prevailing wage determinations. An immigration attorney in Manhattan must anticipate these requests and prepare comprehensive responses that address officer concerns about labor market impact, job qualification alignment, and employer capacity to pay. The attorney should maintain communication with the field office and monitor case processing times, which vary based on visa category and case complexity.

Once an immigrant visa number becomes available, the applicant may pursue adjustment of status (if in the United States) or consular processing (if abroad). Adjustment of status applications filed at the Manhattan USCIS Field Office require medical examinations, background checks, and interviews at the field office location. An immigration attorney in Manhattan guides clients through the adjustment process, including preparation for the interview, compilation of police clearances, and medical examination scheduling. The attorney also assists clients in obtaining employment authorization documents (EAD) and advance parole documents, which provide work permission and travel authorization while the adjustment application is pending.

Employers sponsoring foreign workers must comply with numerous regulatory requirements, including prevailing wage obligations, recruitment documentation standards, and anti-discrimination laws. An immigration attorney in Manhattan ensures that employers understand their obligations under the Immigration and Nationality Act and Department of Labor regulations. The attorney reviews employment contracts, compensation structures, and job descriptions to confirm compliance with prevailing wage determinations and prevent potential audits or denials. Additionally, the attorney advises employers on maintaining proper documentation and responding to government inquiries regarding sponsored employees.

Employment-based immigration cases often span multiple years, requiring strategic planning and coordination across multiple government agencies. An immigration attorney in Manhattan helps employers and employees understand realistic timelines, potential delays, and alternative visa options if employment-based sponsorship becomes infeasible. The attorney may recommend concurrent filings, priority date tracking, and preparation for interview questions or requests for evidence. Long-term planning also involves advising clients about visa retrogression, visa bulletin monitoring, and adjustment of status timing to maximize efficiency and minimize disruption to employment relationships.