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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105584
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I do roofing I'm getting a federal contract on a army base

Customer Question

I do roofing I'm getting a federal contract on a army base but most of my guys don't have paperwork how can I get them legal so they
Can work on the base
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. This is not going to end well. You probably cannot get them legal, unfortunately. Please do not blame me for the bad news. Don't shoot the messenger. How did they enter the U.S.? Illegally or with a visa? Which visa? What country are they from? How long ago did they enter the U.S.? How old was each when entering the U.S.? Please try to answer each question. Thank you.
Customer: replied 1 year ago.
I'm sure it wasn't legal. Mexico some have been here for two years some for twenty. All over 18 when entered
Customer: replied 1 year ago.
If they were willing to go back home how long would it take to get them work permits
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That’s what I was afraid of. As you most likely know, there are about 13 million or more in the same position, many of those have employers that want to help them, many are married to U.S. Citizens, and many even have U.S. Citizen children and still they cannot fix their status because of an illegal entry. There IS a way for an employer such as yourself to get them legal, but it will be expensive for you, will take probably too much time (you will see why in a moment), AND it would be a great risk to them so they wouldn’t want to take the chance. The work visa available is the 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 them. This is to prove that they 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 It may also be possible to do a blanket H-2B so that many employees would be covered by the same labor certification. So in that regard, you would save money. However, there is also the delay. Because they are used up for this year, you will need to apply on April 1, 2016 for them to start working on October 1, 2016 or later. Here is a link in regards ***** ***** H-2B cap http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-h-2b-nonimmigrants And finally, even if you are able to get the labor certification approved, they cannot change status to H-2B in the U.S. because they have no status to change from. So they would have to risk leaving the U.S. and being barred for 10 years from returning. The risk is that there is a waiver available so that they can come back immediately, but there is no guarantee that they will get it. Here is a link: http://www.ilw.com/articles/2003,0930-labrie.shtm and another to the actual waiver process: http://www.state.gov/documents/organization/87150.pdf So as you can see, it won’t be cheap or easy, but at least now you know what you would need to do. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
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!

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