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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3626
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I'm beginning enquiries on how to recruit a foreign employee

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Hi. I'm beginning enquiries on how to recruit a foreign employee (preferably from Philippines) as a live-in companion for my aged mother.
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: No.
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: We need someone in Florida - my mother (and brother and sister who will be actually taking care of the process) all live in Brooksville fla

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

If you want to bring someone over from the Philippines, unfortunately it is not easy to bring a domestic worker to the US from another country. One of the reasons is because of the fact that many domestic employees are available here to work who are US citizens and residents. If you wanted to try, the process to do it would consist of you sponsoring the person as the employer of the companion. The worker would have to go through the entire employment based, immigrant visa process that consists of many steps and is expensive. The process overall is long and difficult because as I mentioned, you will have to prove that there is no one in the US available and willing to work in the position as a companion to your mother. That will be difficult because there are many available people here. The US demands this step be completed to make sure that foreigners don't come and take jobs from US citizens or residents. You will also have to show and confirm that you will pay this worker the same amount that you would pay a US worker. You cannot pay them less just because they are a foreigner. This recruitment process is part of the PERM Labor Certification process that you would have to do. If you are able to do that successfully then you would move on to the immigration petition for the green card and then to wait. Right now the wait time for this category for people from the Philippines is 5 years.

I'm sorry this is not great news. I hope you can understand that I don't make the laws and I can't change them.

If you want to hire someone who is in the US already, if they are a US citizen or resident then you can just hire them. There is no immigration process.

If they are currently illegally in the US, technically you should not hire them, but if you decide to there is no specific documentation that you must fill out in order to hire them.

Good luck to you and I hope this answer has helped you!

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