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He was born in Argentina.
He is now in the US living with me in NY.
He has a tourist visa
Never had illegal time here.
He finished 3rd year college in International business. He has one more year to go. But wants to finish college here. He already has an interim AA degree.
His visa expires this September 30.
His friend, who just open a restaurant, taught him everything he knows as a chef. I don't know the level of education needed for this job. But, the restaurant has only two chefs, and they cannot live without him. He works 6 days a week.
My nephew is a gem. He also represented Argentina in the Cosmos cup this summer.
Hope this answers your question.
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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