Practice Areas

Best Employment Immigration Attorneys in New York

Immigration

Immigration

The attorneys at Scarinci Hollenbeck, LLC can serve as your immigration counsel, specifically in employment based immigration, employment based permanent residence, and employment compliance.

EMPLOYMENT BASED IMMIGRATION

Our attorneys assist employers when hiring a foreign employee and offer the following services:

  • Treaty Traders (E-1 Visas)
  • Treaty Investors (E-2 Visas)
  • Australian Professionals (E-3 Visas)
  • Specialty Occupation Professionals (H-1B Visas)
  • Chilean and Singapore Professionals (H-1B1 Visas)
  • Trainees (H-3 Visas)
  • Exchange Visitors (J-1 Visas)
  • Intracompany Transferees (L-1 Visas)
  • Extraordinary Ability (O-1 Visas)
  • Cultural Exchange (Q Visas)
  • Religious Worker (R Visas)
  • Trade NAFTA (TN Visas)
  • Dependent Visas for Immediate Family Members and work authorization where eligible

EMPLOYMENT BASED PERMANENT RESIDENCE

Employers can assist their foreign based employees in obtaining their green cards. Our seasoned attorneys will guide you through this process by proving the following services:

  • First Preference (EB-1) Extraordinary Ability, Outstanding Professors and Researchers and Multinational Manager or Executive
  • Second Preference (EB-2) Advanced Degree, Exceptional Ability and National Interest Waiver
  • Third Preference (EB-3) Skilled Workers, Professionals and Unskilled Workers
  • Fourth Preference (EB-4) Religious Workers
  • Dependent Visas for Immediate Family Members

EMPLOYMENT COMPLIANCE

When hiring a foreign employee, it is critical that you are following all United States immigration regulations. Our attorneys will ensure that you are in compliance with all US immigration laws, including matters related to:

  • I-9 Audit
  • H-1B Audit
  • DOJ Office of Special Counsel Investigation for Immigration-Related Unfair Employment Practices
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Why Choose Us?

When choosing an immigration attorney, it is important that you select an attorney with years of experience, but also someone who understands the complications and stress that go into this process. A strong immigration attorney must be in constant communication with their client to ensure the client knows all the updates surrounding their case. Our immigration team takes their time processing all documents and works with the client to ensure they are on the right track in receiving their employment-based visa.

Immigration Law FAQs

Q
What can employers ask about immigration status?
A

Employers should not directly ask if you are a citizen, but they can and likely will ask if you are legally authorized to work in the United States.

Q
What are the requirements for employment based immigration?
A

Receiving your employment based green card has several different requirements depending on the path taken to apply for the green card. In some cases, it will need to be shown that a US citizen is not qualified for the position and in others an employee’s work history is the focus of the application. Some individuals may qualify for a green card based on an investment into a US business. No case is the case.

Q
How long does employment based immigration take?
A

Employment based immigration can be a long process but varies from case to case. It is difficult to determine a specific amount of time because every situation is different.

Q
How hard is it to get an employment based green card?
A

It is difficult to say how hard it is to get an employment based green card because this process varies from person to person and involves many factors. However, proper legal counsel will facilitate this process for you and ensure that receiving your green card runs smoothly and as quickly as possible.

Q
What are 5 classifications for permanent employment based visas?
A
  • First preference: priority workers, aliens with extraordinary ability in the sciences, arts, education, business, or athletics; Outstanding professors and researchers; or certain multinational managers and executives.
  • Second preference: aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers).
  • Third preference: skilled workers, professionals, or other workers.
  • Fourth preference: religious workers, employees of U.S. foreign service posts, retired employees of international organizations, and noncitizen minors who are wards of courts in the United States.
  • Fifth preference: immigrant investors These are available to people who make a substantial investment in either a new commercial enterprise or a new commercial venture in a targeted employment area. Both investment types must create employment for at least 10 full-time U.S. workers.
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