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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29018
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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How difficult is it to obtain a work visa to work for a start-up

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How difficult is it to obtain a work visa to work for a start-up company in Louisiana that needs the expertise of a particular individual from Italy? This person is fluent in both English and Italian, which is what I need as an employee of a business I will be starting. This person also has a bachelor's degree in Political Science and intends to obtain her Master's from a university in the States; however, she is coming to the US on a 90-day tourist visa and not a student visa.

Please advise. Thank you.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

Very difficult because there are no H1B visas available until Oct 1, 2014.

All the H1B work visas have been taken for fiscal year 2014.

In addition, to obtain an H1B the worker has to have a degree in the area of specialized knowledge required for the particular job you are offering. Therefore, your company would have to be some a political consulting company. The language requirement is not sufficient for requiring someone bilingual with the equivalent of a BS degree unless you are offering a job doing professional/technical translations of manuscript level.

I'm happy to go into more detail if you have specific follow-up questions.

Judith

Judith Ludwic and 2 other Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.

Judith,


 


Is there anything illegal or improper for the individual to leave the US every 90 days for Canada or Mexico so she can re-enter the US and start another 90-day stay?

Customer: replied 4 years ago.

Judith,


 


I had a specific follow-up question, and I responded to your initial answer with my follow-up question. But there was no answer from your end.


 


Regards,


 


Jessica

I never got notice of this follow-up. Actually it is a new subject matter unrelated to the H1B question and should be a new question thread.

As a courtesy, yes, there is a problem with that.

When they come through customs they will be flagged as an intending immigrant living here.

Canada and US have a cooperative information sharing agreement so the US knows they departed the US and re-entered.

Mexico is starting to implement the same system.

Section 214(b) is part of the Immigration and Nationality Act (INA). It
states:
Every alien shall be presumed to be an immigrant until he establishes to
the satisfaction of the consular officer, or at the time of application for
admission, that he is entitled to a nonimmigrant status...

 

The burden is on the applicant for entry to prove they have maintained their residence abroad. Generally that means they can demonstrate
permanent employment, a domicile, 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.

 

Judith