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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105164
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Customer Question

What would i have to in that case
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

That's probably not going to be possible. The U.S. wants you to hire a U.S. worker for that job. Just because you say you cannot find such a person doesn't mean that thy will believe you. You have to prove it. First, what is your legal status in the U.S.? This is because that may make a difference since you may be able to hire a domestic employee if you are on a non-immigrant status.

Customer: replied 1 month ago.
I am U.S.A citizen and my income is high enough. I do not think I would find anyone who knows our culture food
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Unfortunately, it is not your income level that matters. If you were a non-immigrant, you could have a domestic employee on a B-2. As a U.S. Citizen, they want you to hire a U.S. worker. What you can do is hire a service and that service can provide you with such a worker. If no such worker can be found, they can go through the H-2B visa process if the person is from a country that is listed as eligible and I will provide that link in a moment.

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 someone specific. This is to prove that the worker 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, they will need to apply on April 1, 2017 to start working on October 1, 2017 or later. Here is a link in regards ***** ***** H-2B cap

I wish I had better news for you, but the U.S. doesn't want jobs going to foreign workers if there are U.S. workers available.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 month 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!

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