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I am now an American Citizen moved here in 1969 from Vietnam.

I wish to bring my...
I am now an American Citizen moved here in 1969 from Vietnam. I wish to bring my niece here to live with me, she is 23 years old, I have a job already for her where I have worked for almost 30 years. I will be 69 this year and would like to train her to take my position. What do I need to do to bring her here from South Vietnam? Work Visa? Thanks. Thi Hue Clark (Kim)
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5/8/2013
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,410
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Hi there,

Thank you for using Just Answer/Pearl. I'll do my best to answer your questions as completely and honestly as I can. Please note that I earn my living by helping customers like you, so once you've received your answer, I ask that you give me a positive rating for my customer service, so that I get credit for my work. Also please understand that the rating you give is not based on the outcome of your question, for which the law sometimes does not have a satisfactory solution. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

Are you going to employ her? Or are you saying that your employer will employ her?

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Customer reply replied 4 years ago

My employer will employ her


 

Thi,

She will require an employment based visa to come to the US to work. In order to be eligible for such a visa, the employer must petition for her first. You cannot do so for her.

 

What kind of position is this that she will be taking?

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Customer reply replied 4 years ago

Seamstress for an awning manufacture

Thi,

Are you hoping that she will come to the US to live and work here permanently?
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Customer reply replied 4 years ago


Yes, after the required time to live here, she wants to take her test and get her citizenship papers.

Thi,

Well, I do have an option for her, but the problem is that the wait timefor this visa is several years. The good news is that if she is approved, she will be a permanent resident when she arrives in the US, and will get her green card within 4 to 6 weeks. But the bad news, again, is that the wait time is about 5 years, 4 months. Here is information on this EB-3 employment-based immigrant visa: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=74da83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=74da83453d4a3210VgnVCM100000b92ca60aRCRD

Now if she can come to the US in some other status, say a student visa, then she might be able to remain on the student visa during those 5 years, and then when the time comes, she can apply for the adjustment of status to a green card. But there is no visa that would allow her to come to the US to work in the capacity that you described, and to remain here for those 5 years.

There are training visas that might be available, but the problem is that she must be able to show that there is a shortage of places to learn the trade she seeks to train in, and that the country she is from needs trained people in that trade, and that she will return to that country at the end of her permitted stay in order to perform that trade. The training visa I have in mind is the H-3 training visa: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=8d500b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=8d500b89284a3210VgnVCM100000b92ca60aRCRD

There is one last option, but it is good for only 1 year at a time, and it will require her to show that there are no qualified, willing or able US workers for the position, that she is only needed for a short duration, and that her working in this capacity in the US is in the interests of the US. This is called the H2B temporary, non-agricultural non-immigrant visa: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d1d333e559274210VgnVCM100000082ca60aRCRD&vgnextchannel=d1d333e559274210VgnVCM100000082ca60aRCRD.

These appear to be the only options she has available at this time, I'm afraid. I really wish there were better options, but the US government does not make it very easy for people to come to the US to work, especially when the economy is so bad and so many Americans are looking for work.

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