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

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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
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2/26/2016
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,814
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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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?

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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.

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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!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

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

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