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Manhattan, New York Employment-Based Business Visa Immigration Lawyer

Helping Businesses: Visas for Employers and Employees

Employment visas are available to bring foreign nationals into the U.S. to fill certain positions. We at the law firm of J. Bruce Weinman assist corporations and other businesses in applying for employment visas so that they can bring prospective employees into the country. Such visas are available on both temporary and permanent bases.

H1-B Temporary Employment Visas

To qualify for an H1-B temporary employment visa, the job in question must, by industry-wide standards, require a university degree. The job must be offered at the prevailing wage in the employer's labor market area. The visa is originally approved for three years, but can be extended for another three. The visa holder may apply for permanent resident status before the visa, or its extension, expires. While that petition for adjustment of status is pending, the employment status can be extended until the petition is resolved.

If the applicant files for permanent residence before using up 5 of the 6 years available under the H-1B visa, his H-1B will be extended indefinitely until he receives the green card.

Permanent Resident Employment Visas

U.S. Department of Labor has instituted a new electronic visa process. The employer may bring in a foreign national to fill a position if the employer can demonstrate that no qualified Americans are available to fill the position.

In the past, certification took up to six years, rendering the process extremely frustrating. The new process - now called PERM - uses an electronic filing system that can result in issuance of a labor certification in three to six months. However, it may still take a number of years for the labor certification holder to obtain a green card:

  • Under the current scheme, if the job requires at least two years of experience or a college education, the process will take approximately six years.
  • However, If the job requires a bachelors degree and five years of progressive experience, or otherwise a masters degree, then it is possible that the case will take only three years. Please note that these time frames vary on a month to months basis

Do you need to bring a prospective employee into the country? Contact the law firm of J. Bruce Weinman, Esq. right now and speak with attorney Weinman about your employment immigration matter.

We offer free consultations by phone or in-office. We will also respond to e-mail inquiries.

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EB-5 Investor Visas

For information on gaining permanent residence through the EB-5 Investor/Entrepreneur program, please visit our EB-5 Page.

Immigration Lawyer  NYC | Free Consultation

J. Bruce Weinman, Esq.

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