Immigration Law in NYC : Visa Issuance Guide

Employment-based visas, including H-1B, L-1, O-1, and EB categories, allow foreign nationals to work in the United States. The H-1B visa is commonly used for specialty occupations and requires employer sponsorship and a valid labor condition application (LCA). L-1 visas are available to intracompany transferees of multinational companies. O-1 visas are reserved for individuals with extraordinary ability in their field. Permanent employment-based visas (EB-1, EB-2, EB-3) require labor certification in most cases and follow a priority date system. Our firm assists clients with immigration law in NYC to navigate these complex employment categories and ensure compliance with all federal requirements.

Family-sponsored immigration allows U.S. Citizens and lawful permanent residents to petition for qualified relatives. Immediate relatives of U.S. Citizens (spouses, unmarried children under 21, and parents of citizens over 21) are not subject to numerical limitations. Other family categories are subject to annual visa number limits and preference categories. Humanitarian visas include refugee and asylee status for individuals fleeing persecution. Each category requires specific documentation, medical examinations, and background checks. Immigration law in NYC ensures that family petitions and humanitarian applications are prepared with attention to detail and submitted through proper channels.

Each visa category requires specific forms and supporting documents. Employment-based petitions typically require Form I-140 (Immigrant Petition for Alien Worker) or Form I-129 (Petition for Nonimmigrant Worker), along with evidence of job offer, salary verification, and qualifications. Family-sponsored petitions require Form I-130 (Petition for Alien Relative) and affidavit of support (Form I-864). All applicants must submit medical examinations (Form I-693) conducted by USCIS-designated civil surgeons, police clearances from all countries where the applicant has lived, and passport copies. Immigration law in NYC practice includes preparing comprehensive documentation packages that address all USCIS requirements and anticipate potential questions or concerns.

Visa issuance requires completion of background checks and security clearances, including FBI name checks, fingerprinting, and administrative processing. These security procedures can add several months to the visa issuance timeline, particularly for applicants from certain countries or with complex backgrounds. Administrative processing is a standard part of the consular visa issuance process and does not indicate a problem with the application. However, applicants should be prepared for extended processing times and should not make travel or employment decisions based on initial approval notices. Immigration law in NYC requires clients to understand these timelines and plan accordingly.

Companies in New York City frequently sponsor foreign workers through H-1B, L-1, and permanent employment-based visa categories. Each category has specific requirements regarding job duties, salary levels, and employer obligations. H-1B sponsorship requires filing a labor condition application and demonstrating that the position requires a specialty occupation. L-1 visas require proof of the employee's prior employment with the company abroad and the company's international operations. Permanent employment-based sponsorship requires labor certification from the Department of Labor in most cases, demonstrating that no willing, able, and qualified U.S. Workers are available for the position. Immigration law in NYC ensures that employers comply with all sponsorship requirements and maintain proper documentation throughout the visa issuance process.

USCIS frequently issues requests for evidence (RFE) when additional information is needed to make a determination on a visa issuance application. Common RFE issues include insufficient documentation of qualifications, unclear job descriptions, inadequate financial evidence, or missing medical examinations. Responding to an RFE requires careful attention to the specific questions posed and submission of comprehensive evidence addressing each concern. Immigration law in NYC includes developing response strategies that directly address USCIS concerns while strengthening the overall application. Timely and thorough RFE responses significantly increase the likelihood of visa issuance approval.

Applicants may be found inadmissible to the United States based on criminal history, health issues, security concerns, or immigration violations. Common grounds of inadmissibility include prior immigration violations, criminal convictions, and communicable diseases. Many grounds of inadmissibility may be waived through Form I-601 (Application for Waiver of Grounds of Inadmissibility) or Form I-601A (Application for Provisional Waiver of Grounds of Inadmissibility). Waiver applications require demonstrating extreme hardship to a qualifying relative or establishing that waiver is in the national interest. Immigration law in NYC addresses inadmissibility issues comprehensively and develops waiver strategies when necessary.

Additionally, immigration law in NYC may involve matters related to commercial real estate and business operations. For example, companies establishing operations in New York may need guidance on NYC broker fee regulations and commercial lease obligations while simultaneously managing visa issuance for foreign employees and executives. Understanding how immigration matters intersect with other areas of business law ensures comprehensive representation for international companies.

Visa availability is determined by annual numerical limitations set by Congress and the Department of State. Visa number availability varies significantly by country and employment-based category. For employment-based visas, applicants are assigned a priority date based on the receipt date of their initial petition. When visa numbers become available, applicants with earlier priority dates may proceed to visa issuance. Applicants may be able to work and travel in the United States while waiting for visa availability through authorized work permits and advance parole. Immigration law in NYC includes monitoring visa bulletin updates and understanding how priority dates affect the timeline for visa issuance.