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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105676
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am putting them to work in my company.I own my own companyI

Customer Question

I am putting them to work in my company.
I own my own company
I know you are going to tell me that I have to go through the whole commerce department BS to get the process started
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. Were we discussing this in another question thread? Why did you post a new thread? The website charges you again for that. I can put in for a refund of one of them if you like.
Customer: replied 1 year ago.
Yes please
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. I will put in for a refund of the other question and we can continue here. Is that ok?
Customer: replied 1 year ago.
Yes
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. I put in for a refund of the other question. Unfortunately, you are pretty much correct with your assumption about what I am going to tell you. I'll explain the whys first. The restrictions exist because as far as the U.S. government goes, we have to take care of our own first. If we have high unemployment, many U.S. workers looking for jobs, we want those jobs to go to the U.S. workers first, not foreign labor. To put it a different way, imagine that you had a child that just graduated culinary school or graphic design school (autocad), but they cannot find a job because all the jobs have been taken by foreign labor. You would not be too happy about that. So the idea of the restrictions is to first show that there is a need and no qualified U.S. workers available. Now that you understand the whys of it, let me go through the ways to get a green card first. There are generally 5 avenues to obtain U.S. Lawful Permanent Residency. They are through family, through employment, through Asylum or refugee process, through investment, or through the lottery.
For family, it must be immediate family such as U.S. Citizen spouse or U.S. Citizen children over 21 in order to be able to come immediately. U.S. Citizen or Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent Resident spouses can also help, but the wait for that is about 4 to 12 years or so.
Through employment, he would have to generally prove that he would not be taking away a job from a U.S. worker and the less experience and education he has, the harder that is to do.
Through Asylum or Refugee process, he must prove that he would be persecuted, tortured or killed if he stayed in his country and that this will happen to him because of his nationality, race, religion, political opinion, or membership in a particular social group, not because he would run the same risk as anyone else in his country to fall victim to a crime or bad economic conditions.
Through investment, he is looking at generally $1,000,000.00 for a residency, or $500,000.00 in an area designated as a high-employment area, plus in both cases the investment has to create 10 or more jobs for U.S. workers.
And through the lottery, it would be very difficult to win one of the 50,000 visas available per year and some countries do not qualify.
Here is a link to the different forms to get a green card:
http://www.uscis.gov/greencard
Then there are some visas available where you can stay temporarily and then later change to Lawful Permanent Residency if you qualify.
Some of the visas available through employment (if you have a job offer and you qualify) are:
H-1B for professional workers
H-2A for seasonal agricultural workers
H-2B for seasonal nonagricultural workers
H-3 for industrial trainees
Then there are the F-1 and M-1 for students and J-1 for exchange visitors.
And then there is the E-1 for treaty traders and E-2 for treaty investors (these types of visas are not available in all countries).
Here is a link to most of the available visas:
http://travel.state.gov/content/visas/english/general/visa-wizard.html
To focus more on his specific situation, you say he as a degree in autocad. Not sure if that is a bachelor's degree or not but assuming it is, then an H-1B visa is a possibility. The information on the H-1B is basically that he must have a job offer, the job offer must be for a company that is offering a position that is related to his degree and experience. The position must also normally require a bachelor's degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay him what is normally paid to someone in that position. All these things must be provable with financials, business plan, etc. Also, because they are used up for this year, he will need to apply on April 1, 2016 to start working on October 1, 2016 or later. The exception is if he applies for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap.
Here is an official link to the H-1B:
http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models
If neither of his degrees is equivalent to a U.S. bachelor's degree, then it would have to be an H-2B. For an H-2B worker visa, it is expensive and difficult to get because you, the employer would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, you must receive all resumes and eliminate all candidates for valid reasons, not just because you 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:
http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers
I am truly sorry for the bad news. Perhaps helping him come to the U.S. to increase his education. An F-1 or J-1 would be possible, but be careful with the J-1s because many of them require that he go home for 2 years before being able to get Residency. Here are two links:
http://studyinthestates.dhs.gov/
http://j1visa.state.gov/programs/
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That does not help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, "To finish". I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Thank you for your kindness and respect. Good luck to you.

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