If you are in H-1B status and your employment ends, you do not need to leave the U.S. immediately. Regulations provide a discretionary 60-day grace period, or until the end of the authorized validity period, whichever is shorter, to maintain your status. During this window, you can file a new H-1B petition, change status, or take other steps to preserve lawful presence. The grace period does not authorize work for a new employer; employment must be authorized by a properly filed H-1B change-of-employer petition.
If you are moving to a new H-1B employer rather than leaving the country, the portability rule allows you to begin working for that new employer without waiting for full approval. H-1B portability allows eligible workers to change employers and begin working for a new H-1B employer as soon as a nonfrivolous H-1B petition requesting an amendment or extension of status is properly filed with USCIS.
For those who have filed an I-485 application to adjust status to lawful permanent residence based on employment, the American Competitiveness in the Twenty-First Century Act (AC21) provides critical flexibility. If you have a pending Form I-485 based on employment, you may be able to change your job or employer as long as the new job offer is in the same or a similar occupational classification as the job on which your I-140 petition was based, provided your I-485 has been pending for 180 days or more.
This is sometimes called “porting.” To exercise portability, you notify USCIS by filing Form I-485 Supplement J with information about your new employer and position. USCIS evaluates whether your new role aligns with the original job described in your labor certification or I-140, taking into account job duties, required skills, and Department of Labor standard occupational classifications.
If your adjustment of status application has been pending for fewer than 180 days when a job change occurs:
1. Note that AC21 portability will not apply.
2. Understand the underlying petition may not stay valid for a new job.
3. Consult with an immigration attorney before making any employment changes.
A key protection for adjustment of status applicants is the ability to apply for an Employment Authorization Document (EAD), allowing work for any employer for a limited time while the I-485 is pending. Applying for advance parole also enables international travel during this period.
Timing is everything in these situations. Filing delays, gaps in employment, or missteps in reporting a job change to USCIS can create complications that affect the outcome of a pending application. Every case turns on its specific facts and timing.
If your employment situation changes or might affect your visa or green card application, contact Nuñez Law Firm in Manhattan at 917-708-1072 or online for guidance.
]]>Never hesitate to reach out to Nuñez Law Firm for personalized advice from an experienced New York City immigration attorney. Take the first step toward your business goals—contact us today.
The E-2 visa is one of the most practical options for foreign nationals from treaty countries who want to invest in and actively manage a U.S. business. There is no fixed minimum investment amount; the investment must be ‘substantial’ in relation to the total cost of purchasing or creating the enterprise. The visa allows indefinite renewals as long as the requirements are met.
Spouses of E-2 holders have work authorization, and children under 21 can attend school in the United States. One important limitation: countries such as China, India, Brazil, and Russia are not treaty countries, making this option unavailable to their nationals.
For investors seeking a direct path to permanent residency, the EB-5 program is worth examining. It provides a direct path to a green card for the investor, their spouse, and unmarried children under 21, with no employer or family sponsorship required. The EB-5 visa requires an investment of $1,050,000, or $800,000 if the business is located in a targeted employment area. The investment must create at least 10 full-time positions for qualifying U.S. workers. Investors can participate either directly or through a USCIS-designated regional center.
The International Entrepreneur Rule (IER) is a federal parole program designed for startup founders rather than traditional investors. It provides discretionary permission for foreign founders to remain in the U.S. for an authorized period of stay, provided they hold meaningful ownership, play a central operational role, and secure significant qualified U.S. investment or government awards.
As of October 1, 2024, the qualifying investment threshold from a qualified U.S. investor is $311,071, and the government award threshold is $124,429. Entrepreneurs can receive an initial stay of up to 30 months, with the option to extend it by another 30 months.
The O-1A visa is for individuals with extraordinary ability, as demonstrated by sustained national or international acclaim in their field of expertise. For entrepreneurs who can demonstrate a significant record of achievement in business, science, or technology, this can be a flexible option with no investment requirement and no cap on the number of visas issued annually.
The best option depends on your country of origin, the stage and structure of your business, your investment capacity, and your long-term immigration goals. Some pathways lead to permanent residency; others provide temporary authorization while you build your venture. The details matter, and the costs of choosing the wrong route can be high.
At Nuñez Law Firm, our immigration attorneys partner with entrepreneurs and investors throughout Manhattan and the greater New York area. Let us help you identify the most effective pathway for your unique situation and maximize your chances of success. Contact our office at 917-708-1072 now to schedule a comprehensive consultation and move forward with confidence.
]]>At Nunez Law Firm, we’re committed to guiding temporary visa holders through the employment-based green card process—from the very first filing to final approval.
Keeping your immigration status valid throughout the green card process is important—it helps protect your ability to remain in the U.S. while your petition is under review. Remember to follow your visa requirements so your path remains as smooth as possible.
Any gaps in your status or unauthorized work can put your application at risk, so aim to remain compliant. Some visas, like the H-1B, allow dual intent; others may require a little extra planning. We’ll help you think ahead and avoid pitfalls.
You’ll need to show that you’re admissible to the U.S. in order to receive your green card. Sometimes issues such as criminal records, health conditions, or past visa overstays can pose challenges, but in some cases, they can be addressed. Our New York immigration attorneys are here to listen and review your history with care, so you and your employer can move forward with confidence.
Your employer plays a big role when sponsoring you for a green card. They’ll need to show that they have a real need for your talents and are willing to support you throughout this process:
Real Job: The job must be a true, full-time, and permanent position, not made up just to help you get a green card.
Test the Job Market: In most cases, the employer must show that there are no U.S. workers ready and willing to do your job for the usual pay.
Ability to Pay: The company must show it can pay your promised wage from when they apply until your green card is approved.
Most EB-2 and EB-3 green card applications start with labor certification through the Department of Labor before involving USCIS. The PERM process takes a few steps, and we’re here to walk you through each one:
Determine Minimum Wage: The Department of Labor sets the lowest pay your boss must offer for your job and location.
Hire Locally First: Your employer tries to hire U.S. workers first by following the required steps to find a qualified candidate for your job.
Send Application: If no U.S. workers are found, your employer sends Form 9089 to the Department of Labor to get approval.
To qualify for an employment-based green card, you’ll need to meet the minimum requirements for the position your employer is sponsoring you for. Under 8 U.S.C. § 1153, different categories have their own criteria, but we’ll help you understand what’s needed and if you’re eligible:
Education: You must have a degree or similar work experience listed in the job requirements.
Experience: You must show that you have the skills needed to do the main parts of the job.
Licenses: Any required professional licenses or certificates must be up to date and appropriate for the job.
Changing from a temporary visa holder to a permanent resident is a major step that requires thoughtful planning and careful paperwork. We’d love to help you make this transition as smooth as possible. Call Nunez Law Firm at 917-708-1072 to schedule your consultation with an experienced New York immigration lawyer. We’ll be by your side every step of the way.
]]>At Nunez Law Firm, we are committed to guiding you through your employment-based green card journey. Our immigration attorneys offer supportive guidance and set clear expectations, so you always know what to expect in terms of realistic timeframes.
The United States assigns employment-based green cards into five groups called preference categories. Each category has specific rules and wait times. The category you fit into decides how soon you may get a green card.
Multiple factors affect how long your green card application takes from start to finish. Your preference category, demand from applicants born in your country, and processing speed at government agencies all play significant roles in determining your wait time.
Most EB-2 and EB-3 applicants must obtain labor certification before their employer can file a green card petition. The PERM process requires employers to demonstrate that no qualified American workers are available for the position. As of February 2026, Labor certification currently takes 17 or 18 months, depending on processing times and backlogs.
After receiving labor certification, your employer files Form I-140 to petition for your immigrant worker status. The U.S. Citizenship and Immigration Services (USCIS) reviews your qualifications, and the job offer to determine eligibility for the requested category. Standard processing takes six to nine months, while premium processing reduces the timeframe to 15 business days for an additional fee.
The time it takes to get a visa depends on your birthplace and when your employer filed your petition (priority date). U.S. law limits the number of employment-based visas any country can receive each year to 7%. This can lead to waits of over 10 years in some countries. You can see if a visa is available by checking the monthly visa bulletin.
When a visa number is available, you submit Form I-485 to adjust your status to permanent resident. USCIS completes background checks, schedules biometrics, and may interview approval. Processing typically takes 12 to 24 months, depending on the field office.
Once approved, you will receive your permanent resident card within four to six weeks. This card confirms your status and lets you live and work in the U.S. indefinitely.
Several factors can lengthen your timeline. Our lawyers help avoid delays, including:
Employment-based green cards can take anywhere from two to ten years, depending on your preference category and country of birth. Call Nunez Law Firm at 917-708-1072 to schedule a consultation with an experienced New York immigration attorney who will guide you through every step of the process.
]]>There were extensive updates made to T visas in 2024. At Nunez Law, our New York immigration lawyer can guide you through the process and ensure you are adequately prepared to obtain the best possible outcome.
T visas are an essential aspect of immigration law… New changes have also brought new benefits. These changes were part of the 2024 Final Rule. The most important changes are as follows:
The recent updates to the T visa have achieved many goals. By clarifying definitions, specific terms such as ‘serious harm’ provide greater consistency. The process is also more streamlined, as proving victim status is easier. T visa applications are now more efficient, with fewer requests for additional evidence. Improved coordination with law enforcement makes it easier for agencies to respond to trafficking reports and investigate incidents.
The U.S. immigration system is complex, and its laws are constantly evolving. Even the slightest mistake could hurt your case. Call us at 917-708-1072 or complete our online form to schedule a consultation with our experienced attorney and learn how we can help with your case.
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