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 Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105582
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

I have a friend from china who is ready to help me to take

Customer Question

i have a friend from china who is ready to help me to take care of my wife who's has a late stage of multiple sclerosis and required a lot of care. i need to know which form to file.
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.

I am not sure I understand. You are thinking to bring him to the U.S. to work for you in caring for your spouse? I may have some bad news for you in that regard. Why does it have to be him and why couldn't you hire a U.S. worker to do that?

Customer: replied 1 year ago.
she is a healthcare worker in china, she offer me to come to help me, she wants to learn english, all she wants is to have a place to stay and i will pay for her food and little expenses.
Customer: replied 1 year ago.
for me it is a good deal.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. I understand that, but let's say you were a healthcare worker yourself and you were desperately looking for a job, or your son or daughter was a healthcare worker and they were desperately looking for a job, but you or they kept losing out because someone from outside of the U.S. was willing to do it for a lesser wage or for trade in room and board. Would you be happy if that was the case? There is a way, but I have to explain why the way is not so easy so that you understand.

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

Wonderful. Because you are not responding, it probably means that I will be wasting my time explaining the two options she does have. I sincerely ***** ***** I am not wasting my time. At least now you understand why the U.S. requires that certain steps be followed in order to protect the U.S. job market so that U.S. workers don't lose out on jobs. I am going to explain the two ways that you can get her here and I understand that they will not be easy, but at least you understand the reason we have those rules. I also ask that you please understand that I do not get a salary to be here and it isn't my fault that the law does not have an easy solution for you in this regard, but I am taking my time and effort to explain things to you.

First, if the job offer requires a bachelor's degree or higher, she could try for an H-1B professional visa. The information on the H-1B is basically that she must have a job offer, the job offer must be for a company that is offering a position that is related to her degree and experience. The position must also normally require a bachelors degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay her 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, she will need to apply on April 1, 2016 to start working on October 1, 2016 or later. The exception is if she 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 a link:

http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models

If the job does not require at least a bachelor's degree, then she can try for the H-1B. For an H-2B worker visa, it is expensive and difficult to get because the employer would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, the employer must receive all resumes and eliminate all candidates for valid reasons, not just because they have a job for her. This is to prove that she 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

Also, because they are used up for this year, you will need to apply on April 1, 2016 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

I am truly sorry for the bad news. I know this is a good deal for you, but it isn't for the U.S. and U.S. workers looking for such jobs. I hope you appreciate that I have given you the truth about this and not shoot the messenger.

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 do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. 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.