Brooklyn Employment & Investment Immigration Attorneys
Employment- and Investment-Based Green Card Assistance in New York & New Jersey
If you are looking to build a permanent career in the United States, you will need more than a temporary work visa. Green cards allow you to live anywhere in the country and work most types of jobs. U.S.-based employers can sponsor foreign workers for these visas. You can also get a green card by making a qualifying investment in a U.S. company.
At Usher Law Group, we offer client-centric, results-oriented representation to foreign investors and business professionals. Our Brooklyn employment & investment immigration lawyers have over a decade of experience and can assist you throughout each step of the applicable legal process. After reviewing your qualifications and goals, we can identify all available legal solutions and offer honest advice. We are invested in your success and will utilize the full extent of our resources when advocating for you.
How Do Employment Immigration and Investment Immigration Work?
If you want to work in the United States, you will need a visa. Do not confuse green cards with nonimmigrant visas. Nonimmigrant visas are temporary, though some can facilitate extended or even indefinite stays in the country.
To get a green card through employment-based immigration, you will need a job offer from a U.S.-based employer, unless:
- You can demonstrate extraordinary ability in your chosen field
- You qualify for a National Interest Waiver (NIW)
- You invest enough to qualify for the Immigrant Investor Program (discussed below)
If you require an offer of employment, your prospective employer must also (in most cases) obtain a labor certification. This involves proving there are no U.S. workers available or willing to fill the position you are being offered. This job must also be compensated at a fair, industry-standard rate.
Employment-based green cards are issued across five preference categories:
- EB-1: Priority Workers. If you are recognized as having “extraordinary ability” in an artist, athletic, scientific, educational, or business-oriented field, you can self-petition for a green card under this category. This means you do not need a job offer or sponsoring employer. You can also apply under this category as an “outstanding” professor or researcher or a multinational executive or manager. Professors, researchers, executives, and managers do need job offers.
- EB-2: Workers with Advanced Degrees. If you have “exceptional ability” in an athletic, artistic, scientific, educational, or business-oriented field, you can apply for a visa under this category, but you will need a job offer. It is easier to prove “exceptional ability” versus “extraordinary ability.” If you have an advanced degree, such as a master’s degree, you qualify under this category. Immigrants who qualify for National Interest Waivers will also apply through this category.
- EB-3: Professional Workers, Skilled Workers, and Unskilled Workers. If you have a bachelor’s degree (or a foreign equivalent), you will use this category. Skilled workers with two years of relevant training or experience and unskilled workers with less than two years of training or experience can also apply through this category.
- EB-4: Special Immigrants. Religious workers, Special Immigrant Juveniles (SIJ), certain broadcasters, and other special cases can utilize this category.
- EB-5: The Immigrant Investor Program. You can obtain a green card if you generate at least ten jobs through a substantial investment in a U.S.-based business. The current investment minimums may change, but as of 2022, you should be prepared to put at least $1,050,000 at risk. You may only need to invest $800,000 if you select a business in a rural or high-unemployment area approved by United States Citizenship and Immigration Services (USCIS). You will initially receive a conditional green card that expires after two years, and you will only be able to remove conditions if you can demonstrate your investment created the necessary ten jobs. If you choose to invest in a business that was losing money prior to your involvement, you may only need to save ten jobs.
Only a limited number of employment-based visas are distributed each year, making the process very competitive. Our attorneys will strategically prepare your application materials to put you in the best possible position. We will also ensure all forms are completed accurately.
Our Brooklyn employment & investment immigration lawyers know what USCIS looks for when reviewing applications. No matter your situation, we can provide pragmatic guidance every step of the way. If you are interested in the EB-5 green card, we can evaluate your investment plan and ensure it meets all program requirements. Our team at Usher Law Group can also assist you with removing conditions when your visa is set to expire.
If you already have a job offer or are looking to understand your immigration options, do not hesitate to call (718) 484-7510 or contact us online.