Whether your immigration matter is straightforward or complex, there are a number of key immigration laws you should be aware of as a newcomer to NYC. Below is a brief guide to New York’s immigration laws, your rights as an immigrant and how a lawyer can help you.
Who Is Covered by Immigration Laws in New York City, NY?
Under U.S. laws and regulations, there are two types of visas offered to foreign nationals: immigrant and nonimmigrant.
Immigrant visas are issued to individuals seeking to live in the United State permanently, whether that be with a U.S. citizen who is their spouse or as an employee. Nonimmigrant visas are issued to individuals entering the U.S. on a temporary basis for activities like tourism, studying abroad, business, medical treatment and particular types of temporary work.
To be considered for an immigrant visa, you need to meet certain family or employment requirements.
To obtain a family-based immigrant visa, you must be one of the following:
- the spouse of a U.S. citizen
- the spouse of a U.S. citizen awaiting approval of an I-130 petition
- engaged to a U.S. citizen and planning to live in the United States
- an orphan child adopted by U.S. citizens
- the family member of a U.S. citizen (i.e., spouse, son, daughter, parent or sibling of a citizen)
- the family member of a lawful permanent resident (i.e., spouse or unmarried child of a lawful permanent resident)
To be eligible for an immigrant visa through a U.S. employer, you need your employer to obtain a labor certification approval from the Department of Labor. The types of employees who can be sponsored for immigrant visas include:
- individuals with extraordinary abilities in key sectors (e.g., science, art and business)
- professors and researchers with outstanding records
- managers or other executives
- professionals with advanced degrees (e.g., a master’s degree and at least five years of experience)
- skilled workers who require a minimum of two years of training or work experience to complete their jobs
- professionals whose positions require at least a bachelor’s degree
- unskilled workers (i.e., individuals working in positions that require less than two years of training or experience)
- religious ministers
Note that employment-based immigrant visas have a cap on how many can be issued per year. This varies each year but is typically around 140,000 visas. These visas are issued in orders of preference, starting from the top of the list above and working downwards. Note that the list is not exhaustive of all the potential employment categories that exist. If you have any questions about your employment immigration potential, reach out to a qualified immigration attorney.
Immigrant Rights Under New York Immigration Laws
New York has a number of rules and regulations that protect immigrants, both undocumented and documented.
If you are a single adult who has arrived in New York City after March 15, 2022 and have no safe place to sleep, you have a right to shelter accessed through the Arrival Center at the Roosevelt Hotel.
If you alone or your family with minor children came to New York City on or after March 15, 2022 seeking asylum, you have a right to shelter in the city from the Humanitarian Response and Relief Center. This right holds as long as you have no other safe place to sleep and cannot afford permanent housing. To exercise this right, however, you will need to take certain steps to prove your eligibility at NYC’s Arrival Center.
If you are an immigrant working in New York City, you also have a number of rights to protect you from discrimination and unfair treatment in the workforce. Employers in New York cannot do any of the following:
- pay you less based on your immigration status
- harass or berate you because of your nationality or immigration status
- punish you for speaking your mother tongue
- refuse to hire you because of your nationality, religion, accent or appearance
- threaten to call the police on you because of your immigration status
While there are legal guardrails in place to protect you as an employee, employers also have the right to refuse to hire you—or fire you from your position—if you are not legally allowed to work in the United States.
New York Laws That Impact Immigrants
The Big Apple has a number of key state immigration laws that new immigrants should be aware of. Here are some important pieces of legislation to make sure you understand.
- Green Light Law: The Driver’s License Access and Privacy Act, known as the Green Light Law, allows any New Yorkers 16 or older to get a noncommercial driver’s license. This holds regardless of your immigration or citizenship status. A Social Security number is not required to apply for a license.
- New York Assembly Bill 9612: New York’s Bill 9612 allows students who do not have proper immigration documentation or status access to in-state tuition. This legislation also applies to Deferred Action for Childhood Arrivals (DACA) recipients—those who arrived in the U.S. as a minor without proper documentation and are allowed to stay on U.S. soil under certain guidelines.
Regardless of their status, immigrants hoping to access in-state tuition for state colleges and universities under the bill must meet specific requirements, such as attending two years of high school in New York, graduating from a New York high school or receiving a GED, applying for a program at a college or university within five years of graduation, valid proof of New York residency and filing of an affidavit declaring they will file for legal status when they can.
- E-Verify legislation: Unlike other states, New York does not have any E-Verify laws in place—however, employers can opt in to the E-Verify system. E-Verify is an internet-anchored program that compares data from employers with public records from government bodies such as the Social Security Administration. This comparison process is used to check an employee’s eligibility to work in the U.S.
Filing Process for Immigration in New York City, NY
A common visa for immigrants coming into the United States is a family-based immigration visa. Here’s an overview of the filing process.
Family-based visas require you to have a family member who is a U.S. citizen or lawful resident living in America. This person must petition on your behalf to begin the process by filing Form I-130 with United States Citizenship and Immigration Services (USCIS). As part of the process, your petitioner must sign an affidavit of support, which is a legal document stating they are financially responsible for you. This is typically accompanied by supporting financial documents such as Form W-2.
Once these documents are submitted by your family member and all applicable fees are paid, you can begin the formal application process. You are responsible for filling out Form DS-260 through the USCIS website. Make sure to print a copy for your interview. Key civil documents including your birth certificate, any court/prison records, marriage certificate(s) and your currently valid passport are required as well. These documents must be scanned and submitted to USCIS.
The final steps of the process require you to undergo a medical examination with an embassy-approved physician and then interview with a U.S. consular officer. If you pass the interview, you receive an immigration visa.
