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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28187
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith, I seek your legal advise about 2 yrs ago, you were

Customer Question

Hi Judith, I seek your legal advise about 2 yrs ago, you were extremely helpful. Well I need your assistance again... I am trying to help a friend from Mexico that lives 4 hrs away from Phx Az, that comes often into Phx with his family to help a family
with a Bee Business that's been in the Bee business for some 50+ yrs. He would like to apply for a work Visa for him and his family. He travels into the U.S. with family legally when he come to Phx. Is it possible for him to get a work Visa for him & his family?
Would there be any restrictions into him & his family going back & visiting back to Mexico? And if could qualify , what forms need to be filled out for him and his family. His age is 49 yrs, wife is 43 yrs old, one child is 19 yrs old, 3 other children are
under age. Also, would the Bee business have any involvement in any of the paper work?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Does he have an expertise in bees and honey?

What exactly would his job duties be for the Bee business?

He cannot sponsor himself, but the Bee business may be able to file a petition for him to come as a temporary worker.

I need to know if this is seasonal agricultural work?

There are H2A visas for seasonal agricultural workers and there are H2B visas for temporary jobs for peak times or seasonal if it is not considered agricultural.

These are not easy visas to get. There are limited numbers of visas available and the Bee business would have to show they have not been able to get US workers and if it is agricultural they have to show they are providing housing and other benefits.

Judith

Customer: replied 1 year ago.
This type of work is 12 months out of the year. Honey boxes have to be transported to different parts of the state, in orchards, cotton fields, mesquite trees, agricultural areas, etc.. Setting honey boxes, moving them, extracting the honey cones, filtering the honey, keeping honey at certain degree storage. All this a person has to be very educated & experienced in the Bee Business. As for housing they would probably want their own place since he has a family.
Expert:  Judith replied 1 year ago.

Ok this is very helpful information. Now where did your friend get the education and experience as an apiarist (beekeeper)?

I am thinking it may be better to go directly for a green card since the priority date for either 3rd preference or unskilled worker from Mexico is 8/15/1015. That means by the time the employer goes through the process of getting a labor cert approved (a step that has to be taken for the H2 visa or the green card) the petition can be filed and they would be soon able to apply for an immigrant visa in their home country without the worries of having only a temporary work visa which requires evidence that is NOT a permanent job versus seasonal/peak season work.

But I need to know if your friend did this beekeeper work in Mexico or had training in Mexico to know which category he falls in. He cannot use work experience or training he got from this bee business that will sponsor him and further since he had no work visa that would show he worked illegally in the US while on a visitor visa.

Judith

Customer: replied 1 year ago.
I am sorry Judith, yes he does have experience. He has 8+ yrs. experience in the Bee business. When he come to visit the family in Phx he has been helping them out when help was needed. The Immigration Visa, you mention he would have to apply in their home country? Wouldn't it be here in the U.S? Again I will be filling out the forms for him so I really need to be clear on these. As for his education/experience I will ask him if he received it in Mexico or U.S. and get back to you. The green card diffenitly sounds better, would it be the same for his family?
Expert:  Judith replied 1 year ago.

He does not fill out the forms. The employer must file the PERM application for him with the Dept of Labor.

He cannot wait here in the US for this process to be completed. If he is here on a visitor visa he and his family must depart and wait in Mexico while the employer pursues the Labor Certification Application referred to as PERM through the Dept of Labor, and then the employer has to file the Petition for Immigrant Worker with the USCIS. After that is approved then he and his family begin the immigrant visa application process through the National Visa Center's online portal while he is in his home country of Mexico. It can take up to one year for all of this to go through.

It is a HUGELY complex process. Most lawyers who do not specialize in immigration law will not tackle these applications because of their complexity.

I can give you the Dept of Labor website link that goes into detail about the process but it is far from a substitute for a knowledgeable attorney.

http://www.foreignlaborcert.doleta.gov

The website is currently down for updating.

You can also refer to these websites that give a good over view of the process. It is far to lengthy for me to repeat here for you and there is no simple way to break it down.

http://www.hooyou.com/lc/permfaq.html

http://www.hooyou.com/lc/permindex.html

Also, the regulations prohibit him from paying for the legal fees or associated costs of the PERM. This is something that the petitioning employer must pay for. You could not reimburse the company for these expenses, either, the law prohibits that, as well.

After you read those links you will see this is a very complicated undertaking and not just a matter of going online and filing out a few forms, it involves the obtaining of the prevailing wage, placing of advertisements to show there are no qualified US workers (that is why experience and training in home country are important, it is a rare skill and if he can show he has this experience and/or training it would knock out many US job applicants); writing recruitment results reports, dealing with the state workforce agency on their listing and referrals and finally filing the online application at the DOL iCert portal.

Just a gentle reminder experts are not compensated for their time until a customer rates them with smiley face or stars. Thank you.

Judith

Expert:  Judith replied 1 year ago.

Your offer for a phone call is in you email box.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judith