Employment Immigration
Employment Immigration to the United States offers a valuable opportunity for foreign nationals to contribute their skills and expertise to the U.S. economy, and Capital Advisors NY LLC specializes in guiding individuals and businesses through this complex process. From obtaining EB-1 visas for highly skilled professionals to assisting with EB-5 investor visas, Capital Advisors NY LLC provides comprehensive support in navigating the U.S. immigration system. Whether you're seeking to hire foreign talent or pursue your own career goals in America, our expert team ensures a smooth journey through labor certification, visa applications, and compliance with U.S. immigration laws.
Necessary Documents
- Valid Passport
- Labor Certification (if required)
- Job Offer Letter
- Educational Credentials
- Proof of Work Experience
- Petition Forms
- Application Forms
- Form DS-260
- Form I-485
- Financial Documents
- Medical Examination and Vaccination Records
- Police Clearance Certificate
- Proof of Extraordinary Ability (if applicable)
- Investment Proof (for EB-5)
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Employment Immigration allows foreign nationals to obtain a visa or green card through a job offer from a U.S. employer or by making an investment in the U.S. economy. It is one of the primary paths to permanent residency in the U.S.
Employment visas are divided into five preference categories:
- EB-1: Priority workers, including those with extraordinary abilities or multinational executives.
- EB-2: Professionals with advanced degrees or exceptional abilities.
- EB-3: Skilled workers, professionals, and unskilled workers.
- EB-4: Special immigrants, such as religious workers or certain government employees.
- EB-5: Immigrant investors who create jobs in the U.S.
Most employment visas, such as EB-2 and EB-3, require a job offer from a U.S. employer. However, certain categories like the EB-1 (for extraordinary ability) or applicants under the National Interest Waiver (EB-2) do not require a job offer.
Labor certification is a process in which the U.S. Department of Labor verifies that hiring a foreign worker will not negatively impact the job opportunities or wages of U.S. workers. This certification is generally required for EB-2 and EB-3 categories.
The processing time varies depending on the visa category, the country of origin, and whether labor certification is required. Some categories, like EB-1, are processed faster than others. On average, the process can take anywhere from several months to a few years.
Yes, most employment visa holders can bring their immediate family (spouse and unmarried children under 21) with them to the U.S. Family members are usually eligible for derivative visas, such as the E-34 or E-35 for dependents of EB-3 workers.
Yes, many employment visas lead to permanent residency (a green card). Once you receive an employment visa, your employer can file a petition for your green card, or you can adjust your status if you're already in the U.S.
To qualify for the EB-5 visa, you must invest at least $800,000 in a targeted employment area (or $1,050,000 in a standard area) and create or preserve at least 10 full-time jobs for U.S. workers. You must also demonstrate that the investment funds were obtained legally.
If you are in the middle of the immigration process, changing jobs can complicate your application. In most cases, you need to remain with the sponsoring employer until you receive your green card. However, there are some exceptions for certain categories like EB-1.
While it’s not mandatory, hiring an immigration attorney or working with a specialized firm like Capital Advisors NY LLC can significantly improve your chances of a smooth and successful application process. They can help navigate complex regulations, ensure your documentation is accurate, and manage communication with U.S. immigration authorities.
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