Well, "they cannot live without him" is not really going to work with immigration
. He basically has to prove it. I can tell you that at the present moment, it is very hard to get a work visa
because there are so many U.S. workers looking for jobs and few jobs available. So USCIS will not easily approve a visa that could potentially take away a job from a U.S. worker. So what does the law say?
The law says that because he does not have a bachelors degree AND the job doesn't require a bachelors degree anyway, he falls into the 3rd preference category. Take a look at this link in the 2nd chart:
In the 3rd category, you will see a date there of 01JAN09. This means that only I-140s filed on or before January 1, 2009 can now be used to get Residency. So if your nephew's employer files an I-140 for him now in August 2013, it will take about 4 years or so before January 2009 reaches August 2013. This is a waiting line of people that have applied before him and nothing in the law allows for anyone to jump ahead of anyone else in line, not even in an emergency.
So what can he do now since he won't be able to just wait around in the U.S. for 4 years?
Well, he would have to apply for an H-2B visa. For an H-2B worker visa, it is expensive and difficult to get because the employer would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, the employer must receive all resumes and eliminate all candidates for valid reasons, not just because they have a job for him. This is to prove that he would not be taking a job away from a U.S. worker. Here is a link:
Also, please keep in mind that if he is working at the moment, he is violating the terms of his B-2 tourist visa, so he has to be careful and not work. The idea is that he is here as a tourist and the regulations exist so that he does not take a job away from a U.S. worker.
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