Technology is constantly changing, and the business market is growing. This means that companies and businesses need to hire the best and brightest workers possible to remain ahead of their competition. This can mean looking for workers from all over the globe to give a company an advantage or to have a unique skill or experience that sets it apart. A work visa is required for foreign workers.
Business immigration can be complicated and time-consuming. This is why it is essential to have an experienced New York immigration lawyer by your side to guide you through the process. Many issues and obstacles can arise during this process, as immigration can be very complex.
The immigration laws are split into two categories – visas for temporary stay, referred to as nonimmigrant visas, and those seeking a permanent solution of Green Card or immigrant visas. Oltarsh & Associates, with our vast experience, seek solutions within the complexities of immigration laws to fit our client’s 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.
Many 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 U.S. Consulate overseas.
Many, but not all, require petitions to be filed first in the United States.
Spouses and children may accompany their family members with 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 permanently 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 individual’s nationality. These nonimmigrant visas allow for spouses and children who are under 21 and, with 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 immigrants including religious workers|
|Fifth Preference||Foreign investors who create jobs for US workers|
Oltarsh & Associates, P.C. can help you with your business immigration case. It is crucial that you have a New York business immigration lawyer on your side during this process due to all the possible legal complications. Call us today to schedule an appointment at (212) 944-9420.