Our New York based immigration law firm has been helping businesses provide solutions for their foreign national employees for over 65 years. We strive to provide solutions to our business clients’ needs within the complex purvue of the immigration laws.
The immigration laws are split into two categories – visas for temporary stay referred to an nonimmigrant visas, and those seeking a permanent solution of green card, or immigrant visas. Oltarsh & Associates with our vast experience seek to find solutions within the complexities of the immigration laws to fit our clients’ business needs.
Nonimmigrants are those foreign nationals seeking to enter the United States for a temporary period. These visas are for various temporary periods and often limit who the foreign national can work for and the type of work to be performed. Most nonimmigrant visas also require that the foreign national maintain an intent to return home. These visas may be obtained in the United States if the foreign national is currently in legal status in the country or at a US Consulate overseas. Many, but not all, require petitions to be filed first in the United States.
Spouses and children may accompanying their family member with a non-immigrant visas and certain classifications even permit work authorization for immediate family members.
These visas are classified as follows:
|B-1/B-2||Tourists for business or pleasure|
|E-3||Australian Specialty Occupation Worker|
|I-1||Representative of Foreign Media|
|O-1||Individual with Extraordinary Ability|
|P-1||Athletes & Entertainment Groups|
For those foreign nationals seeking to enter the United States on a permanent basis to obtain a green card, there are various means available under the Immigration & Nationality Act through the employment-based categories. The Act created five categories, or preferences. The time for approval depends on the category and the nationality of the individual. These nonimmigrant visas allow for spouses and children who are under 21, and in certain exceptions those who have recently aged out. For those categories other than the first preference, the procedure is through a labor certification process which requires testing the labor market through an advertising process.
The categories for immigrant visas are as follows:
|First Preference||Individuals of extraordinary ability, outstanding professors and researchers and multinational executives and managers|
|Second Preference||Members of professions holding advanced degrees or persons of exceptional ability|
|Third Preference||Professional, skilled and other workers|
|Fourth Preference||Special immigrant including religious workers|
|Fifth Preference||Foreign investors who create jobs for US workers|
The learned and highly experienced New York business immigration lawyers at Oltarsh & Associates, P.C. have been affording businesses and their employees assistance with all nonimmigrant and immigrant visas for over 65 years. We provide the very highest level of legal services and are able to confront the challenges facing business and their employees under the byzantine interpretation of the current legal process. Our staff provides a high level of interface and we pride ourselves on our client relationships all while providing outstanding legal assistance.