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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107574
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Need to know the procedure a work visa in USA I have a

Customer Question

Need to know the procedure for getting a work visa in USA I have a letter offering me a job I am having no luck with USA consulate web suit
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

Please answer the following:

What is the visa type you are seeking?

Customer: replied 1 year ago.
I am a canadian citizen with a job offer in USA so I need the proper papers to work there full time
Expert:  Expert James replied 1 year ago.

I understand your question. But what type of visa are you seeking? Or do you not know yet?

If you do not know yet, what type of job is this? What will you be doing?

What is your education?

Do you have a bachelor's degree?

Customer: replied 1 year ago.
I Wii be supervising 3 employees in selling herbal products on line an packaging them I have a fourth class engineering degree an have supervise people in the oil field an manage business
Expert:  Expert James replied 1 year ago.

Forget about what you have done. I need to know the information about the job you have been offered.

So you do not know what type of visa you are seeking? Is part of this question about what type you can seek?

When do you intend to come to the US?

Customer: replied 1 year ago.
the type I need I will be selling products on line
Customer: replied 1 year ago.
As soon as I can
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.

The company that is offering you a job, do they have a branch or subsidiary or related company (related by ownership) in Canada? And have you worked for that company in Canada for at least 1 year out of the last 3 years? If not, does the job that you will be doing require at least a bachelor's degree? Or is that job found on this list:

http://canada.usembassy.gov/visas/doing-business-in-america/professions-covered-by-nafta.html

Customer: replied 1 year ago.
It does not require a degree you learn while on job
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. That means that the H-1B professional visa is not an option. And how about the list that I gave you. Is the position found on that list?

Customer: replied 1 year ago.
Didn't receive list the company is herbalicous it sells herbal products in one store in Wayne Pennsylvania Ansell's products on amazon
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Here is the list:

http://canada.usembassy.gov/visas/doing-business-in-america/professions-covered-by-nafta.html

Click on the link and check out the list. Tell me if the job is listed on that list.

Customer: replied 1 year ago.
From my job description you cannot tell
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I'd rather you look through the list and tell me so I can determine if the TN visa is an option because if it is not, I have to tell you that it doesn't look good. The U.S. is very difficult when it comes to work visas. They don't want U.S. workers unemployed because they lose jobs to foreign workers. So take a look at the list and let me know, please. Thank you.

Customer: replied 1 year ago.
Management consultant is the closest
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. If the job offer fits into Management Consultant, you can try for a TN visa to come to the U.S. and work. Here is a link:

http://canada.usembassy.gov/visas/doing-business-in-america/tn-visas-professionals-under-nafta.html

If for some reason USCIS/CBP does not agree and denies the visa, then you can try for an H-2B worker visa. 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 you. This is to prove that you 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

So the better option, of course, is the TN. I would strongly recommend hiring a lawyer to process the TN and give you the best chance of approval. You can look for one at www.ailalawyer.com.

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!

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

Hello Tim. 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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