Immigration Law Questions? Ask an Immigration Lawyer.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Very difficult because there are no H1B visas available until Oct 1, 2014.
All the H1B work visas have been taken for fiscal year 2014.
In addition, to obtain an H1B the worker has to have a degree in the area of specialized knowledge required for the particular job you are offering. Therefore, your company would have to be some a political consulting company. The language requirement is not sufficient for requiring someone bilingual with the equivalent of a BS degree unless you are offering a job doing professional/technical translations of manuscript level.
I'm happy to go into more detail if you have specific follow-up questions.
Is there anything illegal or improper for the individual to leave the US every 90 days for Canada or Mexico so she can re-enter the US and start another 90-day stay?
I had a specific follow-up question, and I responded to your initial answer with my follow-up question. But there was no answer from your end.
I never got notice of this follow-up. Actually it is a new subject matter unrelated to the H1B question and should be a new question thread.
As a courtesy, yes, there is a problem with that.
When they come through customs they will be flagged as an intending immigrant living here.
Canada and US have a cooperative information sharing agreement so the US knows they departed the US and re-entered.
Mexico is starting to implement the same system.
Section 214(b) is part of the Immigration and Nationality Act (INA). Itstates:Every alien shall be presumed to be an immigrant until he establishes tothe satisfaction of the consular officer, or at the time of application foradmission, that he is entitled to a nonimmigrant status...
The burden is on the applicant for entry to prove they have maintained their residence abroad. Generally that means they can demonstratepermanent employment, a domicile, meaningful business or financial connections, close family ties, or social or cultural associations, which will indicate a stronginducement to return to the country of origin.
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