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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106836
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I want to hire a Chilean citizen in order to start a food

Customer Question

Hi, I want to hire a Chilean citizen in order to start a food business in the US. What does he need to do in order to legally work in the US?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months 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 assume that this person is current outside of the U.S.?
Customer: replied 9 months ago.
he is currently living in Chile
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Ok. Well, the H-1B visas are used up for the year at this time meaning that even if he could qualify since he doesn't have a bachelor's degree, he would not be able to apply until April 1, 2017 to begin work October 1, 2017. So that really leaves 3 other options unless he has a $200,000 or more of his own money to invest and maybe have 50% ownership. 1) H-2B visa. For an H-2B worker visa, it is expensive and difficult to get because you, 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 him. This is to prove that he 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 2) The H-1B1 for Chileans. Here is a link to that: http://chile.usembassy.gov/h1b1-visa.html The problem with this is the 4 year degree that is required as well as the specialty occupation. An evaluation service may be able to substitute 3 years of experience for every year missing in a bachelor's degree, but it will not be each. 3) You could try to become a J-1 program sponsor and get him a J-1 visa, but this is also difficult to do. Here is a link: http://j1visa.state.gov/sponsors/ and another: http://j1visa.state.gov/programs/ Really, it looks like the H-2B is the way to go. 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 9 months ago.
Hello Ruben. 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 9 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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