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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109627
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Customer Question

What would i have to in that case
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

That's probably not going to be possible. The U.S. wants you to hire a U.S. worker for that job. Just because you say you cannot find such a person doesn't mean that thy will believe you. You have to prove it. First, what is your legal status in the U.S.? This is because that may make a difference since you may be able to hire a domestic employee if you are on a non-immigrant status.

Customer: replied 1 year ago.
I am U.S.A citizen and my income is high enough. I do not think I would find anyone who knows our culture food
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Unfortunately, it is not your income level that matters. If you were a non-immigrant, you could have a domestic employee on a B-2. As a U.S. Citizen, they want you to hire a U.S. worker. What you can do is hire a service and that service can provide you with such a worker. If no such worker can be found, they can go through the H-2B visa process if the person is from a country that is listed as eligible and I will provide that link in a moment.

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 someone specific. This is to prove that the worker would not be taking a job away from a U.S. worker. Here is a link:

Also, because they are used up for this year, they will need to apply on April 1, 2017 to start working on October 1, 2017 or later. Here is a link in regards ***** ***** H-2B cap

I wish I had better news for you, but the U.S. doesn't want jobs going to foreign workers if there are U.S. workers available.

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Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

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