Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

How do I go about bringing my brother in law here to work…

Customer Question
How do I go about...
How do I go about bringing my brother in law here to work with our business for us on either a green card or a work visa?
Submitted: 2 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 8 minutes by:
2/26/2016
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,430
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

It isn't very easy because the U.S. does not want him taking jobs or opportunities away from U.S. workers. What level of education does he have? What job will he be doing? What level of education does that job require?

Ask Your Own Immigration Law Question
Customer reply replied 2 years ago
He is a Thai chef. We have a family run business that makes authentic Thai food. My wife's mother taught her to cook as well as her brother. Our recipes come from that "school". We need to maintain that authenticity and just hiring someone (American) and teaching them the recipe cannot give that person what a lifetime of cooking and eating the food has given to her family.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Ok. The problem is that you have to prove that there is no one qualified to do that in the U.S. already. They won't take just your word for it. So, assuming that he does not have a bachelor's degree and the job does not require a bachelor's degree, you are looking at an H-2B visa.

For an H-2B worker visa, it is expensive and difficult to get because you, the employer, would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, you must receive all resumes and eliminate all candidates for valid reasons, not just because you have a job for your brother-in-law. This is to prove that he would not be taking a job away from a U.S. worker. Here is a link:

http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers

Also, because they are used up for this year, you will need to apply on April 1, 2016 to start working on October 1, 2016 or later. Here is a link in regards ***** ***** H-2B cap

http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-h-2b-nonimmigrants

After that, a green card through work should also be possible under the EB-3 process. Here is a link:

https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3

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! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Hello Jonathan. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Hello Jonathan. Thank you for your kindness and respect. Good luck to you.

Ask Your Own Immigration Law Question
Was this answer helpful?
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,430
112,430 Satisfied Customers
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.

Guillermo Senmartin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

112,430 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
Hi! What are the chances of getting H1B visa with MS in Clinical/Counseling
Hi! What are the chances of getting H1B visa with MS in Clinical/Counseling psychology? I have a MS in NEUROSCIENCE from USA university but want to pursue psychology. My husband is waiting for green c… read more
Dimitry Esquire
Dimitry Esquire
Attorney at Law
Doctoral Degree
113 satisfied customers
What are the next steps after I-140 approval?
What are the next steps taken after the I-140 is approved for the Green Card process. My I-140 petition got approved and I want to know how long it is going to take to be a permanent resident and when… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Can I employ a nanny in my home with a H2B Visa? She is from
Can I employ a nanny in my home with a H2B Visa? She is from the Philippines and her embassy said she could come to the US and work with a H2B Visa.… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am a green card holder and also a German citizen. Can i
I am a green card holder and also a German citizen. Can i work in Spain for 6 months legally without risking to loose my green card? … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Currently we are going to apply for I-485 Green card filing,
Hi,Currently we are going to apply for I-485 Green card filing, While he was applying for the H1B petition for the first time, the . marital status was mentioned as "single" for DS-160 filing back in … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,430 satisfied customers
I'm trying to renew my green card and have a couple of
I'm trying to renew my green card and have a couple of questions … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,430 satisfied customers
My wife has a green card but she has gotten a warning twice
My wife has a green card but she has gotten a warning twice at US customs at the airport. She just arrived in the US and she was told that if she leaves the US again, they will automatically revoke he… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have a question about green card and h1b. I got my h1-
I have a question about green card and h1b JA: What steps have you taken? Have you filed any paperwork with the U.S. government? Customer: yes JA: Have you talked to a lawyer about the H-1B visa? Cust… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,430 satisfied customers
I'm seeking a green card after graduating from school here
I'm seeking a green card after graduating from school here and working on a OPT … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am a green card holder (my son is an American citizen and
Hello,I am a green card holder (my son is an American citizen and asked for me) and its time for me to get an American citizenship so I hired the same attorney that did the green card for me and my wi… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,430 satisfied customers
Had a question about traveling with expired green card and a
Hey yes. Had a question about traveling with expired green card and a I 797 notice of action. My green card is marriage based and the application for removal of conditions is being processed. … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
As a permanent resident, who has attained the green card via
as a permanent resident, who has attained the green card via Asylum status what risks are there to be denied entry or being detained if travelling abroad and returning. I have heard of few cases where… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
M family recently applied to renew our Green Cards. Three of
M family recently applied to renew our Green Cards. Three of us received new cards within 3 months, one of my sons has bot had his yet. He was arrested two tears ago for (1 month from his 21st birthda… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,430 satisfied customers
I received my green card in 1983 after being convicted of a
I received my green card in 1983 after being convicted of a felony in 1981 am I still eligible to apply for citizenship? I have no prior convictions since then, and if I do intend to travel will I hav… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,430 satisfied customers
I have question regarding green card. I have, my perm is
Yes I have, my perm is under process...I have autistic child ,I am on h1 visa … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,430 satisfied customers
I divorce my husband without him getting his green card and
I divorce my husband without him getting his green card and his name is ***** ***** any of my bills. How can he get his permanent green card? … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,430 satisfied customers
I am a green card holder and I'm planning to move back to my
Hi! I am a green card holder and I'm planning to move back to my home country, Mexico. Not sure if I'll like it as I've been out for almost 10 years, so wanted to see if I had any way of keeping my gr… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,430 satisfied customers
I have a R TD visa, I'm getting a divorce. Is there a way that I can stay in USA?
Hi, I have a R TD visa, I'm getting a divorce. Is there a way that I can stay in USA? I'm totally dependent of my husband, I don't work and I stay home with the kids. He wants me to stay here so he ca… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x