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Can a Personal Support Worker PSW work in the USA

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Can a Personal Support...
Can a Personal Support Worker PSW work in the USA
Submitted: 1 year ago.Category: Immigration Law
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Answered in 16 minutes by:
8/4/2016
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,654
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Hello! My name is***** and I am a licensed attorney with more than 14 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 depends on a number of things. What level of education do they have? What level of education does the job they will do in the U.S. require? What country are they from?

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Customer reply replied 1 year ago

College diploma, 22 year program, Education is from Canada

Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago

So it is equivalent to a 4 year U.S. bachelor's degree? And where was the person born? And do they have citizenship in any other country?

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Customer reply replied 1 year ago

no its not equivalent to 4 years

Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago

Ok. Where were they born? Do they have citizenship in other countries? Which?

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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

Without a bachelor's degree or equivalent, the visas available would be an H-2B if they are from a country contained in the list which you will see in a moment, or a TN visa if they are from Mexico or Canada and can be classified as professionals.

For an H-2B worker visa, it is expensive and difficult to get because the employer would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, the employer must receive all resumes and eliminate all candidates for valid reasons, not just because they have a job for certain individuals. This is to prove that the candidates 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, the employer will need to apply on April 1, 2017 for the employees to start working on October 1, 2017 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

For a TN visa, as I said, they have to be from Mexico or Canada (citizens of either) and classified as professionals coming to do a professional job. Here are some links:

https://travel.state.gov/content/visas/en/employment/nafta.html

https://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago

Hello Walter. 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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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,654
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Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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