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A friend from the Philippine wants to come to visit me and…

Customer Question
A friend from the Philippine...
A friend from the Philippine wants to come to visit me and want to come as soon as possible. Would that be possible under a tourist visa and how should we start the process?

I'm a manager of a real estate company and hire workers all the time. Would it also be possible to offer him a position in our company under a work visa and how doe that work?

What are the requirements and the time period from the application process to the approval?

Is there an agency that I can hire to do all of this for me? If so who would you recommend?

Thank you!
Lee
[email protected]
Submitted: 8 years ago.Category: Immigration Law
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Answered in 13 minutes by:
6/18/2010
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,016
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

There are 2 possible visas for this person. The H1B visa which is a temporary professional work visa for someone who holds at least a Bachelor Degree and where the position offered require the specialized knowledge of a bachelor degree the worker holds. Here is a helpful link to understanding the visa and process

http://faq.visapro.com/H1B-Visa-FAQ.asp

 

The other option is the H2B visa for skilled and unskilled workers for a temporary seasonal job or a job for a limited duraiton with a definable end date due to the nature of the need.

http://faq.visapro.com/H2B-Visa-FAQ.asp

http://www.usdoj.gov/olc/2008/dhs-temp-worker.pdf

 

Obtaining a visitor visa is difficult. One has to show they have a good job to return to, own their residence and have other strong social and financial ties that will draw them back to their country.

 

Everyone is presumed to be an intending immigrant and it is their burden to overcome that presumption.

 

INTENT TO RETURN

http://www.ilw.com/articles/2009,0528-schwartz.shtm

 

 

http://www.ice.gov/sevis/becoming_nonimmigrant_student_52007.htm#primary

 

B1/B2 visa applicants must "demonstrate permanent employment, meaningful business or financial connections, close family ties, or social or cultural associations, which will indicate a strong inducement to return to the country of origin." (http://www.state.gov/documents/organization/87206.pdf)

1.2. What is nonimmigrant intent?

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B), (F), (J) or (M) of the Immigration and Nationality Act. The Department of State (DOS) will not issue a visa to those who do not meet the requirements. The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. One common way that applicants can prove the existence of such a residence is by demonstrating that they have ties abroad that would compel them to leave the United States at the end of the temporary stay. The law places this burden of proof on the applicant.

Ties are the various aspects of a nonimmigrant's life -- possessions, employment, social and family relationships -that bind the nonimmigrant to his or her country of residence. Some examples of relevant ties in foreign countries are a job, a house, social and family relationships, or a bank account. Consular officers are aware that ties differ from person to person.

During the visa interview, officers look at each application individually and consider professional, social, cultural and other factors. For younger applicants (such as students) who may not have had an opportunity to form many ties, consular officers may look at the applicant's specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.

For more information on qualifying for nonimmigrant visas, see the DOS Web site at http://travel.state.gov/visa/frvi/denials/denials_1361.html

 

Judith

 

 

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

Ask Your Own Immigration Law Question
Customer reply replied 8 years ago

I noticed that you did not answer some of my questions.

 

Lee

Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago

It takes approx 2-4 months for the H visa process.

 

You can find a lawyer to assist with the H visa at http://www.ailalawyers.org/

 

Judith

 

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

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