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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105130
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am disabled aged 73. I wpuld like to re a caregiver from

Customer Question

I am disabled aged 73. I wpuld like to hire a caregiver from brazil. He will need a work visa. How do I sponser him? I have a LLC set up if it is a help.
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Hello David! 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.

Did you per chance happen to post this same question yesterday?

Customer: replied 7 months ago.
Customer: replied 7 months ago.
But the mixed up the return and i didnt get answer
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Sorry about that. I will try to help you. There will be a few problems with what you are trying to do. Let me ask you a few questions:

1) Your LLC, what type of company is it? Does it have to do with health care and such?

2) Have you looked for U.S. workers for this job?

3) Why does it have to be this specific person?

Customer: replied 7 months ago.
General llc. I am a speech pathologistUS workers are not to my specifications. I need a college graduate who understands my rare disability.I am comfortable and this person is trustworthy with good referdnces ftom a doctor in brazil.
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Well, there are two problems:

1) The petitioning employer should be a company that is a health care provider. A general LLC most likely will not work.

2) That you are comfortable with this person will not be persuasive to USCIS. The proper visa will be the H-2B. 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 a specific candidate. This is to prove that this person would not be taking a job away from a U.S. worker. Here is a link:

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

So unfortunately, USCIS just won't take your word for it. But if you contract a health care provider and have them do a Labor Certification and include evidence of your condition and how rare it is, and if the Labor Certification results in no candidates, then the Labor Certification should be approved.

I wish I had better news for you, but it is important for the U.S. to protect the U.S. job market. At least I believe you have a better chance than most.

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. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Hello David. 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 7 months ago.

Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

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