Immigration Law Attorney in New York, New York

The complexities and ever-changing nature of U.S. immigration law make it a difficult process to handle on one's own. Discover how we at Chaka Benjamin, Esq. can help you navigate the statutes and regulations surrounding U.S. immigration law.

Employment-Based Visas We Handle

No matter your circumstances, the U.S. immigration process can feel intimidating. When you need to obtain the right to legally work or develop your entrepreneurial venture in the U.S., you have options. Let us help you develop a strategic path forward.

O-1

The O-1 visa classification allows an individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and recognized nationally or internationally to visit the United States temporarily to work in their field.

Accommodating a diverse array of work fields, the O-1 is particularly helpful to those in the arts and athletics, entertainers, the design professions, and highly accomplished business people lacking professional degrees.

Although self-petitioning is not allowed, agents may act as petitioners for O-1’s in traditional self-employment situations. A U.S. employer, U.S. agent, or foreign employer through a U.S. agent may file on behalf of the O-1 individual.

Although the O-1 has no time limit, an O petition may be approved for up to three years, and extensions may be granted indefinitely for long-term projects or assignments or for a group of related performances or activities.

EB-1

You may be eligible for a green card under the employment-based first preference category if you are an individual with extraordinary ability, an outstanding professor or researcher, or a multinational manager or executive.

Similar to the O-1 visa classification, the extraordinary ability immigrant visa classification also requires an individual seeking classification as an alien of extraordinary ability in the sciences, education, business, or athletics and is reserved for those whose credentials and accomplishments place them at the very top of their field.

However, the EB-1 classification has a more exacting standard than the O-1 visa classification, as the immigrant petition needs to show that the foreign national has sustained national or international acclaim, in addition to achievements that have been widely recognized within the field.

Although analogous in many respects, unlike the O-1, an individual may file an extraordinary ability immigrant petition on their own behalf, as it is unnecessary for the petition to be filed by an employer or for the beneficiary to have a job offer in the United States.

To learn more about the criteria necessary for an O-1 or EB-1, and whether you may qualify, reach out to Chaka Benjamin, Esq. today in New York, New York.

E-2 Visas

Designed for foreign nationals who are entrepreneurs and investors, E-2 visas allow them to enter the U.S. in order to direct and develop a commercial enterprise or business in which they have invested a significant amount of capital. In order to obtain an E-2 visa, an applicant must be a citizen of a country with which the U.S. has a treaty of commerce. Other stipulations for an E-2 visa require that the investment:

• Is significant enough to ensure the successful operation of the enterprise.

• Be a real operating enterprise. (Speculative or idle investments do not qualify.)

• Must generate significantly more income than just to provide a living to the investor and their family, OR it must significantly impact the U.S. economy.

• Must be at risk in the commercial sense. (Loans secured with the assets of the investment enterprise are not allowed.)

For questions about the E-2 visa process and the opportunities it can provide, contact us at Chaka Benjamin, Esq. to request a consultation.

Skilled Guidance on Your Visa Application

Attorney Benjamin is well versed in matters related to consular affairs and adjustment of status, labor certification (PERM) applications, Extraordinary Ability (O-1) petitions, Treaty Trader (E-1) and Treaty Investor (E-2) applications, NAFTA Professional (TN) applications, Specialty Occupation (H-1B, H-1B1 and E-3) petitions, Intracompany Transferee (L-1A and L-1B) petitions, and Employment-Based Preference (EB1, EB2 and EB3) petitions, and ready to use his extensive experience to advise you on your options, whether you're an artist, executive, professor, or investor.

From his office in New York, New York, Attorney Benjamin provides consultations to clients. Contact him today to start your U.S. immigration petition and/or application for an employment-based visa.