New York City Employer Immigration Sponsorship Attorneys

Lawyers Helping Employers Sponsor Employees for Visas and Green Cards in New York

There are many cases where businesses in the United States may plan to hire talented foreign workers. The U.S. immigration system allows employers to sponsor employees for immigration, but when doing so, employers will need to meet a variety of complex legal requirements. They will need to understand what categories of visas may be available depending on the qualifications of workers and whether they will be staying in the United States temporarily or permanently resettling in the country.

When addressing issues related to immigration, employers will need to understand their labor certification requirements, the procedures for filing petitions on behalf of workers, and other obligations that will apply when they provide sponsorship for foreign workers. Missteps in the sponsorship process can result in the denial of petitions, delays that can disrupt business operations, and potential penalties in some cases.

At Health Counsel Group, our lawyers can provide guidance to employers in New York and throughout the United States as they address employment-based immigration matters. We work with clients file the proper petitions and other documents, meet labor certification requirements, and maintain compliance with immigration laws. With our understanding of the applicable laws and the requirements put in place by U.S. Citizenship and Immigration Services, we can help businesses bring employees to the United States successfully.

Understanding Employment-Based Immigration

Employment-based immigration may involve temporary work visas that allow foreign nationals to work in the United States for limited periods and immigrant visas that allow workers to become permanent U.S. residents. Temporary work visas can serve a business's immediate needs by filling positions quickly, while permanent residency sponsorship may support long-term planning and ensure that workers can continue working for employers for years to come.

Employer sponsorship involves a variety of legal obligations. Sponsors must ensure that employees are paid the wages specified in immigration documents, comply with recordkeeping requirements, and cooperate with government audits or investigations. They will also need to obtain certification from the U.S. Department of Labor showing that there are no qualified workers in the United States who may fill the available position.

At Health Counsel Group, our attorneys can help employers understand which visa categories will best serve their needs. We can evaluate the eligibility of foreign workers that our clients wish to employ, and we can help them develop strategies for sponsoring employees for visas while ensuring that they can meet their business goals.

H-1B Specialty Occupation Workers

Through the H-1B visa category, employers can sponsor foreign workers in occupations that require a high level of specialized knowledge and certain other requirements. Common H-1B occupations include computer systems analysts, software developers, engineers, financial analysts, market research analysts, and other professional positions.

To be eligible for an H-1B visa, a position must qualify as a specialty occupation, and a worker must meet the required qualifications. Employees will generally be required to have bachelor's degrees or foreign equivalent degrees in relevant fields.

When applying for H-1B visas, employers will need to file Labor Condition Applications (LCAs) with the Department of Labor certifying that they will pay workers at least the wages paid to workers in similar positions or the prevailing wages for specific occupations. Employers must also demonstrate that the employment of a foreign worker will not adversely affect the working conditions of similar workers.

H-1B petitions are subject to annual numerical limitations. High demand has led USCIS to implement a lottery system when selecting petitions for processing. Certain employers may be exempt from numerical limitations, allowing them to file H-1B petitions at any time. Upon approval of a petition, H-1B status will initially be granted for up to three years, and it may be extended for an additional three-year period.

At Health Counsel Group, our lawyers assist employers with H-1B petitions, including filing Labor Condition Applications and submitting all required forms and documents with immigration officials. With our help, employers can hire the workers they need and make sure they will be able to receive approval to come to the United States.

L-1 Intracompany Transferees

L-1 visas allow multinational companies to transfer executives, managers, and certain other employees from foreign offices to offices within the United States. Qualifying relationships must exist between foreign and United States entities, including parent-subsidiary, branch, or affiliate relationships. Common ownership and control must be demonstrated through corporate documents showing the ownership structures of U.S. businesses and foreign entities.

The team at Health Counsel Group assists employers with L-1 petitions by assessing qualifying relationships between companies in the United States and foreign offices and evaluating the roles of employees to ensure that they qualify for visas. We can help prepare visa petitions and comprehensive supporting documentation to help ensure that visa applications will be approved.

O-1 Workers With Extraordinary Ability

O-1 visas provide temporary authorization to work in the United States for foreign nationals with extraordinary abilities in certain fields, including science, the arts, education, business, and athletics. This category of visa may be used by employers who are planning to bring exceptionally talented people to the United States for specific projects or engagements.

To demonstrate that a worker has extraordinary abilities, evidence may need to be provided showing that they have received national or international acclaim and recognition for achievements in the field. This evidence may include major prizes or awards, membership in associations that require outstanding achievements, published materials about a person, authorship of scholarly articles or other works, employment by distinguished organizations, or high salaries relative to others in the field.

The attorneys at Health Counsel Group help employers evaluate whether foreign workers are considered to have extraordinary abilities that will qualify them for O-1 visas. We can help gather supporting documentation and prepare petitions while ensuring that employers meet the requirements for sponsorship.

EB Visas for Permanent Residency

Certain types of employment-based visas will allow foreign workers to obtain lawful permanent resident status, commonly known as Green Cards. There are five preference categories for permanent resident visas, and they will have different eligibility criteria based on the qualifications of workers.

EB-1 visas may be available for priority workers, including people who have extraordinary abilities in fields such as science, the arts, education, business, or athletics. EB-2 visas may be available for professionals who have advanced degrees. EB-3 visas may be available for professionals with bachelor's degrees or other people who are classified as skilled workers or unskilled workers. EB-4 visas may be available for special immigrants such as religious workers, and EB-5 visas may be available for investors who will be starting new companies in the United States that will create jobs for U.S. workers.

Many categories of EB visas will require labor certification. Employers may be required to conduct recruitment following Department of Labor requirements, including job postings, advertisements, and other recruitment methods designed to attract qualified workers in the United States. If qualified workers are not available in the U.S., the Department of Labor may certify a visa application.

The lawyers at Health Counsel Group guide employers through the process of sponsoring employees for permanent resident visas. We can make sure the proper steps are followed during labor certification, and we can make sure visa petitions and other required documentation will be filed correctly. With our help, clients can navigate the complex requirements put in place by immigration officials and obtain Green Cards for valued employees.

Employer Compliance and Record-Keeping

Employers who sponsor foreign workers for immigration will have ongoing obligations that must be met. Certain types of records must be maintained, and employers will need to satisfy their wage obligations during qualifying employment periods. Employers will need to notify USCIS of changes in the terms of employment or other circumstances.

Immigration officials may conduct audits to verify that employment conditions match the information provided in visa petitions. Employers will need to maintain documentation demonstrating that they have complied with all legal requirements.

At Health Counsel Group, our attorneys can help ensure that employers meet their legal obligations when sponsoring employees for immigration. We can help clients implement the proper record-keeping systems, conduct internal audits to identify potential issues, and provide representation when immigration officials perform investigations or take steps to enforce compliance.

Contact Our New York Employment-Based Immigration Lawyers

Employers who wish to sponsor foreign workers for temporary or permanent employment in the United States will need to address a variety of complex legal issues and maintain ongoing compliance. At Health Counsel Group, we provide guidance for employers as they address issues related to immigration, making sure they can sponsor employees successfully. Contact our New York City employment-based visa and Green Card attorneys at 123-456-7890 to arrange a consultation.