How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Judith Your Own Question

Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24769
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith is online now
A new question is answered every 9 seconds

How difficult is it to obtain a work visa to work for a start-up

Customer Question

How difficult is it to obtain a work visa to work for a start-up company in Louisiana that needs the expertise of a particular individual from Italy? This person is fluent in both English and Italian, which is what I need as an employee of a business I will be starting. This person also has a bachelor's degree in Political Science and intends to obtain her Master's from a university in the States; however, she is coming to the US on a 90-day tourist visa and not a student visa.

Please advise. Thank you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

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.

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24769
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 2 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Judith,


 


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?

Customer: replied 1 year ago.

Judith,


 


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.


 


Regards,


 


Jessica

Expert:  Judith replied 1 year ago.

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). It
states:
Every alien shall be presumed to be an immigrant until he establishes to
the satisfaction of the consular officer, or at the time of application for
admission, 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 demonstrate
permanent employment, a domicile, meaningful business or financial connections, close family ties, or social or cultural associations, which will indicate a strong
inducement to return to the country of origin.

 

Judith

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
  • http://ww2.justanswer.com/uploads/GE/GeorgetownLawyr/2011-6-16_115959_MeatOffice.64x64.JPG Georgetown Lawyer's Avatar

    Georgetown Lawyer

    Immigration Lawyer

    Satisfied Customers:

    8543
    10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    3550
    Knowledgeable and experienced immigration lawyer.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2889
    Private practice in several areas, including immigration
  • http://ww2.justanswer.com/uploads/Assielle/2008-12-13_165256_2_edited.jpg Law Girl's Avatar

    Law Girl

    Lawyer

    Satisfied Customers:

    451
    My law firm practices immigration law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    238
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/VI/Vilnius100/2012-7-12_193419_Gintare.64x64.JPG Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    185
    Expert Immigration Attorney