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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107991
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Mr. Senmartin, I am an American citizen currently living

Customer Question

Hello Mr. Senmartin,
I am an American citizen currently living abroad. This fall I would like to bring my Italian boyfriend back to America to live and work with me. We have started to look in to the options. He is well educated with a law license in Europe and an International Masters in Business from Asia.
We are not prepared to marry or do the type K visa. We have considered trying to find an Italian company to hire him that works in the states, we have also considered the student route. Do you have any suggestions regarding how we should proceed, or how difficult this process will be? Thank you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! Thank you for requesting me. 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.

Well, the E-2 is an option if he can find an Italian company that is at least 50% owned by Italian's in E-2 or that could be classified as E-2. Here is a link:

http://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors

He can also invest around $200,000 himself in an active business himself and get his own E-2 through his own investment. It may not need to be $200,000, but the law says substantial investment and few attorneys takes cases for less than $200,000 because since the investment has to be at risk, they don't want to lose a case and the owner be forced to sell everything to recoup the investment and go back home.

If he owns a business outside of the U.S. for more than 1 year and will continue to run that business, he can invest $100,000 or more in a U.S. business (doesn't have to be the same business, but must be related by ownership) and he can try for an L-1A visa. Here is a link to that, but keep in mind that both businesses have to be run and should be successful. He can't just come to the U.S. and forget about the business outside and let it die:

http://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager

The H-1B is another option. 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

Here is a link to the cap:

http://www.uscis.gov/news/uscis-reaches-fy-2015-h-1b-cap

The F-1 and J-1 are also possibilities, but for F-1 he would not be able to work and for J-1, many of those require him to go back home for 2 years before he could get Residency and marriage to a U.S. Citizen does not erase that requirement. Here are some links:

http://studyinthestates.dhs.gov/

http://j1visa.state.gov/programs/

So there are options, but they are limited.

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!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.