Immigrant Visas
Our firm handles employment-based and family-sponsored immigration, political asylum and more

Immigration Attorneys in New York City – Immigrant Visas

Employment Based Immigration

Note: EB-2 and EB-3 classifications require:

  • Filing of a PERM application
  • Once PERM application is approved, filing of I-140, Immigrant Petition for Alien Worker
    • Some applicants may file their Immigrant Visa Petition and Adjustment of Status Application concurrently
  • Once you have reached your priority/filing date you may file the Application for Adjustment of Status to Permanent Residence (Green Card)

EB-1

The EB-1 Preference Category consists of:

  1. Persons of extraordinary ability
    • you are allowed to self-petition
    • must demonstrate extraordinary ability in sciences, arts, education, business, or athletics through sustained national or international acclaim
    • must have extensive documentation
    • must be coming to U.S. to continue work in “an extraordinary capacity”
  2. Outstanding Professors and Researchers
    • must be internationally recognized as outstanding in your academic field
    • must have three years teaching/researching experience in your field
    • must take a tenure or tenure, track position, or comparable research position at a university or other institution of higher education
    • if you are being hired by a private company, the company must employ full-time at least three other persons who engage in research activities and have achieved documented accomplishments
  3. Executives and Managers of multinational employers
    • must have been employed in a managerial or executive capacity for at least one out of the past three years with the company for whom you are working

EB-2

The EB-2 Preference Category consists of:

  1. Persons of exceptional ability
    • must benefit prospectively the national economy, cultural or educational interests, or welfare of the U.S.
    • must have a job offer from a U.S. employer to provide services in the arts, sciences, professions, or business.
    • most require the approval of a PERM Application
  2. Persons whose jobs require an advanced university degree or its equivalent

Note: Individuals may self-petition under the EB-2 category for a “National Interest Waiver.” This generally requires:

  • you plan on working in the United States in an area of substantial intrinsic merit
  • you must show that the proposed impact of your work is national in scope
  • you must show waiving the labor certification requirement would benefit the national interests of the United States

EB-3

The EB-3 Preference Category consists of:

  1. Professionals
  2. Skilled workers
  3. Unskilled workers

EB-4

The EB-4 Preference Category consists of:

  1. Religious workers
    • must have been a member of a bona fide non-profit religious denomination for at least two years prior to filing
    • must have been continuously working for the past two years in a religious capacity
    • must seek to carry out such religious occupation of the employer’s denomination
  2. Other “special immigrants”

EB-5

The EB-5 Preference Category consists of:

  1. Investors
    • must invest $1 million in a new commercial enterprise and create ten jobs for U.S. workers
      • if the enterprise is located in a rural or high-employment area, the amount invested is reduced to $500,000
    • subject to a 10,000 visa cap

Family Sponsored

To Qualify for a Family Sponsored Immigration Visa:

  • must have a family member who is a U.S. citizen or permanent resident
  • U.S. citizens can sponsor spouses, children, adult children, parents, and siblings
  • permanent residents may sponsor spouses, children, and unmarried adult sons and daughters
  • there is a numerically-limited preference system based for those who are not “immediate relatives”

Political Asylum

To Qualify for a Political Asylum Immigration Visa:

  • you must have a well founded fear of persecution in your country
  • persecution may be based on:
    • political opinion
    • religion
    • race
    • nationality
    • membership in a particular social group
  • limited to 10,000 Green Cards a year

Diversity Visa Program

To Qualify for an Immigration Visa through the Diversity Visa Program:

  • program is a random allocation of 55,000 Green Cards to persons born in designated Countries
  • need 12 years of education or;
  • 2 years experience as a skilled worker
  • Winner’s spouses and children receive Green Cards as well

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Latest News

April 19, 2018 in Newsletter

ALERTS & ANNOUNCEMENTS: H-1B Visa

READ ON IF YOUR H-1B PETITION HAS RECENTLY BEEN DENIED OR CHALLENGED BY USCIS We have recently been engaged in many consultations with potential clients throughout the U.S. whose H-1B petitions have been denied by USCIS after their attorneys have filed responses to Requests for Further Evidence, particularly those involving Level 1 wage issues and whether a position is classified... Read More
March 22, 2018 in Newsletter

Immigration Newsletter Spring 2018

Immigration Newsletter Spring 2018 We are now seeing compelling immigration news stories on a daily basis and most are very disturbing, particularly the recent US Supreme Court... decision in Rodriguez permitting indefinite detention of green card holders with criminal issues as well as illegals by ICE. Also quite disturbing was the recent decision by Attorney General Sessions to override a... Read More
March 20, 2018 in Newsletter

Last Call: The H-1B Deadline Is Fast Approaching – But There’s Still Time!

Last Call: The H-1B Deadline Is Fast Approaching - But There's Still Time! DID YOU KNOW that last year 52% of our applications were selected in the H-1B lottery – a staggering 9% higher than the national percentage of 43%? It doesn’t end there: we are expecting the number to go up this year! If you are a qualified foreign... Read More