Employment-Based Immigration Law New York

Employment-Based Immigration

The United States makes approximately 140,000 employment-based immigrant visas available each fiscal year for aliens and their spouses and children who wish to immigrate to the United States based on their occupational skills. An individual needs the right combination of skills, education, and/or work experience to qualify for a New York employment-based immigrant visa. This employment-based visa can lead to an employment-based green card.

New York employment-based immigration lawyers at The Law Office of Robert J. Maher, PC, have extensive experience helping businesses and private individuals negotiate the employment-based immigration path. For example, we have helped American employers secure nonimmigrant employment-based visas E-1, E-2, E-3, H-1B (including the additional quota for beneficiaries holding master’s degrees from American colleges and universities, and for cap-exempt employers/beneficiaries), H-2A, H-2B, H-3, L-1A, L-1B, O-1, P-1, P-2, P-3, and R-1 nonimmigrant visas for foreign workers. We have also helped American employers negotiate the PERM (Permanent Labor Certification), and immigrant visa (Form I-140, Immigrant Petition for an Alien Worker) processes so that their clients may offer permanent employment to multinational managers or executives (EB-1C), outstanding professors, and researchers, skilled workers (EB-3), and foreign workers with advanced degrees or exceptional ability (EB-2).

We at The Law Office of Robert J. Maher, PC, are here to protect your New York employment-based immigration law rights, and we want to help.

Employment-Based Immigration FAQs

 

What is the annual limit on employment-based immigrant visas, and who qualifies for them?

The United States sets aside approximately 140,000 employment-based immigrant visas each fiscal year. These visas are available to foreign nationals, along with their spouses and children, who intend to immigrate to the U.S. based on their occupational skills. To qualify, an individual generally needs a specific combination of skills, education, and/or work experience that aligns with a designated visa category.

How do The Law Office of Robert J. Maher, PC, assist clients with temporary (nonimmigrant) employment visas?

Our firm has extensive experience in helping both American employers and private individuals navigate the path to securing various nonimmigrant employment-based visas for foreign workers. This includes common categories such as E-1, E-2, E-3, H-1B (including special quotas for those with U.S. Master’s degrees and for cap-exempt employers), H-2A, H-2B, H-3, L-1A, L-1B, O-1, P-1, P-2, P-3, and R-1. We guide clients through the specific requirements and application processes for each visa type.

What is the PERM process, and why is it important for an employment-based Green Card?

The PERM (Permanent Labor Certification) process is a crucial step for many employment-based immigrant visas that lead to a Green Card. It’s designed to ensure that hiring a foreign worker will not negatively impact U.S. workers’ wages or job opportunities. Through this process, the employer must conduct specific recruitment efforts to demonstrate that there are no qualified, willing, and available U.S. workers for the position. Our firm assists American employers in successfully negotiating this complex Department of Labor requirement. For more detailed information on the PERM process, you can visit the official U.S. Department of Labor’s Foreign Labor Certification page.

Which categories of permanent employment-based Green Cards does your firm handle for American employers?

We regularly assist American employers in petitioning for permanent employment-based Green Cards across various preference categories. This includes multinational managers or executives (EB-1C), outstanding professors and researchers (EB-1), foreign workers with advanced degrees or exceptional ability (EB-2), and skilled workers (EB-3). We guide employers through the entire Immigrant Petition for an Alien Worker (Form I-140) process to secure permanent employment opportunities for their foreign talent.

Does The Law Office of Robert J. Maher, PC, work with both employers and individual foreign nationals seeking employment-based immigration?

Absolutely. Our expertise in employment-based immigration law extends to representing both American businesses looking to sponsor foreign talent and private individuals seeking to immigrate based on their occupational skills. We are committed to protecting our clients’ rights and providing comprehensive legal support throughout the entire employment-based immigration journey, whether it involves nonimmigrant visas or the path to an employment-based Green Card.

 

The land flourished because it was fed from so many sources–because it was nourished by so many cultures and traditions and peoples.

President Lyndon B. Johnson at the
Statue of Liberty, 10/03/1965

Initial Consultation

We can answer many of your immigration questions in an initial consultation either by phone or in person.

We will help you assess your situation, identify the immigration issues, and provide information you need to make an informed decision.