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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109612
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I came to the USA on a tourist VISA because my dad died

Customer Question

I came to the USA on a tourist VISA because my dad died suddenly and my mom is alone here. Now that I am here, I see that my mother cannot live here alone. She is elderly and sick most of the time. I want to apply for a green card and or a work VISA but I don't know what is the best way that I should apply? What would be the MOST efficient way for me to get a Green Card or Job VISA? I need to help my mother.
Submitted: 11 months ago via Cornell Legal Info Institute.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

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.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Sorry for the delay. What you are asking about won't be easy. It's very difficult to get a work visa. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

What country are you from? What level of education do you have? Do you have money to invest? How much?

Customer: replied 11 months ago.
I came from Italy. I have a college degree and I speak languages. No I do not have any money to invest.
Customer: replied 11 months ago.
I speak 5 languages.
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Ok. It seems that you are eligible for an H-1B visa. You need to get a job offer. The job offer must be for a company that is offering a position that is related to your degree and experience. The position must normally require a bachelor's degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay you what is normally paid to someone in that position. Also, because they are used up for this year, you will need to apply on April 1, 2017 to start working on October 1, 2017 or later. The exception is if you apply for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap.

Here is an official link to the H-1B:

http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models

If you can find a cap-exempt job, you can apply now for an H-1B. If not, then you would have to leave on time and have an employer apply April 1, 2017 and hope you are chosen in the lottery and get an approval so you can begin work October 1, 2017.

Another option could be an L-1 visa if you have worked outside of the U.S. for at least 1 year out of the last three years for a company that wants to transfer you to a related company in the U.S. Here are some links:

https://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager

https://www.uscis.gov/working-united-states/temporary-workers/l-1b-intracompany-transferee-specialized-knowledge

And another option could be finding a job for an E-1 or E-2 company which is a company that is at least 50% owner by Italians that are either in E-1 or E-2 status or could be classified as such. Here are some links:

https://www.uscis.gov/working-united-states/temporary-workers/e-1-treaty-traders

https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors

I wish I had better news for you, but the options to come and work are very limited.

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, you may have to scroll up to the top of the page or 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.

Expert:  Guillermo J. Senmartin, Esq. replied 11 months 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!

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

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