US Immigration Lawyer in New York, NY - Karin Wolman
The immigration Law Office of Karin Wolman, PLLC, is a New York, NY law firm handling primarily business visas and related immigration matters. Ms. Wolman is a US immigration lawyer who has represented corporations, non-profit organizations and individuals in the process of obtaining temporary visas for work, study and training, lawful permanent residence (a “green card”) and U.S. citizenship. She advises employers and individuals on all phases of employment-based green cards, from screening prospective hires to identifying visa strategies for new jobs and career transitions, through employment-based paths to permanent residence and naturalization. Ms. Wolman serves a diverse array of corporate and individual clients in the sciences and technology, healthcare, education, finance, social services, religious organizations, fashion and the performing, culinary and fine arts, with a focus on aliens of extraordinary ability.
Aliens of Extraordinary Ability
Who are “aliens of extraordinary ability”, and how do these visas differ from other work visas?
Special work visas are available for people who have received widespread public or professional recognition for their accomplishments, people whose work inspires others, and contribute in a significant way to our culture, our economy, or our scientific community. These include the temporary O-1 visa for Aliens of Extraordinary Ability, as well as several permanent visa categories that serve as a basis for a green card, such as the EB-1 immigrant visa categories for Aliens of Extraordinary Ability and for Outstanding Researchers or Professors, and the EB-2 National Interest Waiver. These visas can be especially helpful to people who work in unusual fields, where the requirements of the most common visas may not apply to their work, or where those requirements may be counterproductive.
Find out seven ways to build your O-1 or EB-1 case.
Temporary Work Visas
The most common temporary work visa, the H-1B visa, is based on relevance of higher education to the job duties, and it has a fixed time limit. New H-1B visas are now unavailable for lengthy periods, due to a numerical limit set by law (the "H-1B cap"). The H-1B can accommodate work in a wide array of fields, in which professionals will typically have at least a 4-year bachelor’s degree that provides foundational knowledge for the type of work they do, and employers will typically require new hires to have such a degree, with some allowances for degree equivalency based on other types of degrees and progressive work experience in the professional field. The H-1B is not a good fit for people in fields that do not usually require a college degree, or in fields where the most accomplished people may have no degree at all, or who are otherwise ineligible. For those caught by the H-1B cap who do not qualify as "extraordinary", there may be training/internship options, or treaty-based visas for nationals of some countries. For a brief overview of all the temporary visa categories, please see the Immigration Services & FAQs page.
Green Cards Through Employment
The most common employment-based path to a green card involves testing the U.S. labor market through labor certification, a process that requires a full-time job offer from a sponsoring U.S. employer, and a very specific set of recruitment efforts that must be undertaken by that employer. That process fails if any U.S. worker with the minimum qualifications applies for the job opening. Our economy would not be well-served by preventing the most accomplished and productive workers from immigrating, based on a comparison to their least-qualified peers. Accordingly, the law provides for several employment-based paths to residence that avoid the labor certification process altogether, for aliens of extraordinary ability, outstanding researchers and professors, multinational managers or executives, and individuals whose work is in the national interest of the United States. For an overview of the employment-based paths to permanent residence, please see the Immigration Services & FAQs page.