US Corporate Immigration

The L-1 visa is designed for foreign companies transferring key employees to a new or existing US office. The L-1A category is for executives and managers and is particularly attractive because it offers a direct, expedited path to permanent residency via the EB-1C Multinational Executive/Manager classification, bypassing the often lengthy labor certification process. For new offices in New York, the initial L-1 approval is limited and requires a detailed business plan demonstrating the company's financial capability and organizational structure to support the executive or managerial role.

The E-2 Treaty Investor visa is available to nationals of countries with a commerce and navigation treaty with the US, provided they make a substantial capital investment in an active and operating US business. The investment must be proportional to the total cost of the enterprise. This visa allows the principal investor, as well as essential employees with highly specialized skills necessary for the enterprise's efficient operation, to work in the New York-based entity, facilitating business growth.

The EB-1 category is reserved for priority workers and offers the significant advantage of not requiring a labor certification, substantially expediting the immigration process. This classification includes three main types:

• EB-1A: Extraordinary Ability: For individuals with sustained national or international acclaim in their field. This category allows for self-petitioning, requiring extensive evidence of major accomplishments.
• EB-1B: Outstanding Professors and Researchers: For those internationally recognized in an academic area who seek a permanent research or tenured position at a US institution.
• EB-1C: Multinational Executives and Managers: This category serves as the permanent residency path for L-1A visa holders who have been employed abroad by the sponsoring organization for at least one year.

For most EB-2 and EB-3 Green Card petitions, the Program Electronic Review Management (PERM) labor certification is a crucial prerequisite. This federal process mandates that the sponsoring New York employer test the local labor market to prove that no qualified US workers are available for the specific position being offered. The certification must be secured before the company can file the actual immigration petition (Form I-140) with USCIS.

All New York employers must properly complete and retain Form I-9, Employment Eligibility Verification, for every hired employee. This form confirms the employee's legal authorization to work in the United States and is a primary focus during U.S. Immigration and Customs Enforcement (ICE) audits. Key compliance measures include:

• Verifying the authenticity and validity of all identity and work authorization documents within the mandated three-day timeframe from the employee's start date.
• Ensuring proper reverification procedures are executed for employees whose temporary work authorization expires.
• Maintaining a secure, systematic, and accessible retention policy for all I-9 forms, available for government inspection.

While visa issuance is exclusively a federal matter managed by USCIS and other federal agencies, New York businesses must also comply with state and local employment and labor laws. These state-level protections, covering areas like minimum wage, working conditions, and anti-discrimination standards, apply equally to all employees regardless of their immigration status. Corporations must ensure their hiring and employment practices satisfy both complex federal immigration documentation requirements and New York State's robust labor protections.

Given the complexity of US corporate immigration policy, New York employers must perform continuous due diligence to mitigate legal and operational risks. This includes regular internal audits of current visa holders’ statuses, their job duties, and their compensation levels to ensure strict alignment with their approved petitions. A comprehensive strategy integrates immigration planning into the wider human resources framework, ensuring that the company remains legally compliant while efficiently managing its multinational workforce needs and retaining key employees.