Employment-Based Immigration Lawyer in New York

Employment-based immigration allows U.S. employers to hire foreign workers and, in many cases, to sponsor those workers for permanent residence. The system is large and detailed, and the right path depends on the worker’s qualifications, the employer’s needs, and whether the goal is a temporary stay or a permanent green card. At the Law Offices of Albert Goodwin, PLLC, we counsel both companies and individuals through every stage of the process.

We represent employers and employees in New York City, throughout Nassau, Suffolk, and Westchester counties, and clients nationwide. Below is an overview of how employment-based immigration works and the categories most often used.

Temporary Work Visas Versus Employment Green Cards

The most important distinction in employment immigration is between nonimmigrant and immigrant categories. Nonimmigrant work visas are temporary. They authorize a person to live and work in the United States for a specific employer for a defined period, after which the person is generally expected to depart or change status. Immigrant categories lead to lawful permanent residence — a green card — which is permanent and not tied to a single job for the rest of the worker’s life.

Many people begin on a temporary visa and later transition to a green card. Understanding how the two systems connect is central to good planning, because choices made early in a temporary case can affect a future permanent residence application. You can read more about the full range of categories on our page about immigrant and nonimmigrant visas.

The Role of the Employer and Sponsor

Most employment-based categories require a U.S. employer to act as the petitioner or sponsor. The employer files the petition, attests to the terms of employment, and in many cases agrees to pay a wage that meets government standards. The worker is the beneficiary of the petition. Because the employer carries legal obligations — including recordkeeping, wage compliance, and accurate representations to the government — we advise companies on how to build compliant programs while protecting their business interests.

A limited number of categories allow a worker to self-petition without an employer, such as individuals of extraordinary ability or those who qualify for a national interest waiver. For most others, however, an employer relationship is the foundation of the case.

Main Nonimmigrant Work Visa Categories

Several temporary work visas are used most often:

H-1B, for specialty occupations that normally require at least a bachelor’s degree in a specific field. See our dedicated page on the H-1B visa.
L-1, for intracompany transferees — managers, executives, or employees with specialized knowledge moving from a foreign office to a related U.S. office.
O-1, for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated by sustained national or international acclaim.
E-2, for nationals of treaty countries who invest a substantial amount of capital in a U.S. business and direct its operations.
TN, for Canadian and Mexican professionals in qualifying occupations under the USMCA agreement.

Each category has its own eligibility standards, documentation, and duration. Choosing the right one depends on the worker’s background, the nature of the position, and the long-term plan.

The Five EB Preference Categories

Employment-based green cards are divided into five preference categories. In broad terms, the first three are the most commonly used:

EB-1, for persons of extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives.
EB-2, for professionals holding advanced degrees and persons of exceptional ability, including those who qualify for a national interest waiver.
EB-3, for skilled workers, professionals, and certain other workers.
EB-4, for special immigrants, including certain religious workers and other defined groups.
EB-5, for immigrant investors who invest in a new commercial enterprise and create jobs. See our page on the EB-5 investor visa.

We help clients identify the strongest category for their qualifications and prepare the supporting evidence. For a closer look at the first three categories and the steps involved, visit our page on the employment green card process.

PERM Labor Certification

Many employment-based green cards in the EB-2 and EB-3 categories require a step called PERM labor certification before the immigrant petition can be filed. In this process, the employer tests the U.S. labor market through required recruitment to confirm that there are no qualified, willing, and available U.S. workers for the position, and the position must be offered at or above the prevailing wage for that job and location. Once the Department of Labor certifies the application, the employer can file the immigrant petition. Some categories, such as EB-1 and the national interest waiver, do not require PERM at all.

Process and Timelines

Timelines vary widely. Temporary visas may be approved in a matter of months, and premium processing is available for many petition types to speed adjudication. Permanent residence cases can take longer, especially where PERM is required or where visa numbers are limited for a particular country and category. Priority dates and the monthly visa bulletin govern when a green card becomes available. Careful planning helps clients avoid gaps in work authorization and keeps a case moving efficiently.

Who We Represent

We advise startups, established companies, hospitals, universities, and individual professionals. For employers, we build sponsorship strategies, prepare petitions, and support compliance. For employees, we evaluate options, prepare strong applications, and plan the transition from a temporary visa to permanent residence. Our goal is a clear, accurate, and well-documented case in every matter.

Call us at 212-233-1233 or email [email protected] to discuss your employment-based immigration matter with the Law Offices of Albert Goodwin, PLLC.