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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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I am now an American Citizen moved here in 1969 from Vietnam.

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I am now an American Citizen moved here in 1969 from Vietnam. I wish to bring my niece here to live with me, she is 23 years old, I have a job already for her where I have worked for almost 30 years. I will be 69 this year and would like to train her to take my position. What do I need to do to bring her here from South Vietnam? Work Visa? Thanks. Thi Hue Clark (Kim)

Hi there,

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Are you going to employ her? Or are you saying that your employer will employ her?

Customer: replied 3 years ago.

My employer will employ her



She will require an employment based visa to come to the US to work. In order to be eligible for such a visa, the employer must petition for her first. You cannot do so for her.


What kind of position is this that she will be taking?

Customer: replied 3 years ago.

Seamstress for an awning manufacture


Are you hoping that she will come to the US to live and work here permanently?
Customer: replied 3 years ago.

Yes, after the required time to live here, she wants to take her test and get her citizenship papers.


Well, I do have an option for her, but the problem is that the wait timefor this visa is several years. The good news is that if she is approved, she will be a permanent resident when she arrives in the US, and will get her green card within 4 to 6 weeks. But the bad news, again, is that the wait time is about 5 years, 4 months. Here is information on this EB-3 employment-based immigrant visa:

Now if she can come to the US in some other status, say a student visa, then she might be able to remain on the student visa during those 5 years, and then when the time comes, she can apply for the adjustment of status to a green card. But there is no visa that would allow her to come to the US to work in the capacity that you described, and to remain here for those 5 years.

There are training visas that might be available, but the problem is that she must be able to show that there is a shortage of places to learn the trade she seeks to train in, and that the country she is from needs trained people in that trade, and that she will return to that country at the end of her permitted stay in order to perform that trade. The training visa I have in mind is the H-3 training visa:

There is one last option, but it is good for only 1 year at a time, and it will require her to show that there are no qualified, willing or able US workers for the position, that she is only needed for a short duration, and that her working in this capacity in the US is in the interests of the US. This is called the H2B temporary, non-agricultural non-immigrant visa:

These appear to be the only options she has available at this time, I'm afraid. I really wish there were better options, but the US government does not make it very easy for people to come to the US to work, especially when the economy is so bad and so many Americans are looking for work.

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