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Immigration Law Attorney in New York, New York

The complexities and ever-changing nature of immigration law make it a difficult process to handle on one's own. Luckily, you don't have to. If you are a person of extraordinary ability or an investor looking to obtain the right to legally work in the United States, discover how we at Chaka Benjamin, Esq. can help you navigate the statutes and regulations surrounding U.S. immigration law.

Allow him to put his experience to work for you by contacting his office today.

Employment-Based Visas We Handle

No matter your circumstances, the U.S. immigration process can feel intimidating. At Chaka Benjamin, Esq., we're prepared to listen to your story and your hopes for the future. 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 Visas

O-1 visas are categorized into two distinct types—O-1A visas and O-1B visas—and each requires different aspects to qualify.

O-1A Visas

These visas are reserved for those with extraordinary abilities in the sciences, education, business, or athletics. Those petitioning for an O-1A visa must either have a one-time achievement at the level of an Olympic Medal or a Nobel prize, or they must meet three of the following eight requirements:

  • Receipt of lesser nationally and internationally recognized prizes or awards for excellence in the field of endeavor.

  • Membership in associations in a particular field that require outstanding achievements of their members, as judged by experts in the field.

  • Published materials about the individual in professional or major trade publications, or appearance/published materials about the individual in other major media.

  • Participation, either individually or as part of a panel, as a judge of the work of others in a particular field, serving as a reviewer/referee for published articles, discussions, and advisory panels, etc.

  • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.

  • Authorship of scholarly articles in the field, as published in professional or major trade publications or other major media.

  • Serving in a critical or essential capacity for organizations or establishments with distinguished reputations.

  • Commanding a high salary or significantly high remuneration for one's services, as compared to others in the field.

O-1B Visas

These visas are reserved for those with extraordinary ability in the arts OR extraordinary achievement in the motion picture or television industries. They require proof of distinction in one's field or a degree of skill significantly above that ordinarily encountered. Evidence for an O-1B visa can include an internationally recognized award, such as an Academy Award, an Emmy, or a Grammy.

If the applicant has not achieved an award of such caliber, he or she must provide evidence of at least three of the following six requirements, with evidence showing they:

  • Have performed, and will perform, services as a lead or starring participant in productions or events that have distinguished reputations, as evidenced by critical reviews, advertisements, publicity releases, publication contracts, or endorsements.

  • Have performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have distinguished reputations, as evidenced by articles in newspapers, trade journals, publications, or testimonials.

  • Have achieved national or international recognition for achievements demonstrated by critical reviews or other published materials by or about the person in major newspapers, trade journals, magazines, or other publications.

  • Have a record of major commercial or critically acclaimed successes (as evidenced by title, rating, standing in the field, box office receipts, motion pictures, or television ratings) and other occupational achievements reported in trade journals, major newspapers, or other publications.

  • Have received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field.

  • Have either commanded a high salary or will command a high salary or other substantial remuneration for services, as compared to others in the field, as shown by contracts or other reliable evidence.

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

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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 understands the stresses that come with the U.S. visa petition and/or application process. He's 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.

Immigration Law Attorney in New York, New York

We provide experienced legal counsel to clients around the globe. Schedule a consultation with us today at Chaka Benjamin, Esq.