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Immigration issue. Nebraska

Customer Question
immigration issue Lawyer's Assistant:...

immigration issue

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Nebraska

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 9 months ago.Category: Immigration Law
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Answered in 5 minutes by:
8/1/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,394
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 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

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.

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Immigration Lawyer: KLAW, Lawyer replied 9 months ago
KLAW
KLAW, Lawyer
Category: Immigration Law
Satisfied Customers: 2,198
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Good afternoon. Please give me more details regarding your question.
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Customer reply replied 9 months ago
I just started staffing agency company(LLC). There is not any tax report yet. Is it possible to recruit foreign RNs?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 9 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,622
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello my name is ***** ***** I have 37 years experience as an immigration attorney. I had previously owned a RN/OT/PT recruiting company.

What year did you open your company and actively engage in staffing?

What is your current approx gross receipts?

I assume you are familiar with the VisaScreen and licensing requirements?

As an aside what country are you recruiting from?

Judith Ludwic

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Customer reply replied 9 months ago
They are Korean nurses. Yes, I do know quite a bit of immigration process. My only concern is that since my company started about one month ago, there is no tax report to IRS. I have been told from different attorney that I won't be able to sponsor their Greencard since my company does not have any tax report.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 9 months ago

Thank you for the additional information.

You have been given good advice. You will need to show you have a business generating income by staffing locally to create revenue or by placing nurses abroad other than US to get the money in the company that they want to see. They want to be assured that you have the means to pay the nurses once they are here.

There has been many instances of staffing companies coming here and placing the nurse but not being able to pay them. If these are permanent placements then there are payment issues for reimbursements for travel, license, VisaScreen and relocation. At the end of the day it is a substantial investment in a RN and there have been many complaints with companies not having the funds to meet their end of the contract.

When this happens nurses will leave the company and be involved in litigation and stop working in violation their visa.

Hence USCIS has said "show me the money" when filing a I-140. They want to see you have the capability to support an office, staff, and pay the salaries of the nurses.

Now if you have substantial personal assets, that can be shown because you are an LLC. Also if you have line of credits that can be shown. Further irod clad contracts where you agree to place the nurses and be paid can support a petition. Supposd Adventist Health System agrees to use 50 of your nurses and there is a a liquidated damage clause that you have to supply the RNs or are fined and they have to pay you for the RN or they are hit with damages.

Ability to pay can be used by must be carefully crafted. You need to use an experienced attorney who is creative with documenting the "ability to pay"

I apologize for the delay for yo to get an answer. if you have found my answer helpful please take a moment to rate by clicking on the 5 stars.

If you have additional follow-up questions relating to my answer, please post here.

Judith Ludwic

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Customer reply replied 9 months ago
Thank you for your replying. So far, two attorneys told me I can't sponsor them, the other two attorneys told me I can sponsor them. Umm. I am definitely confused. Thank you anyway. I wish I can hire you for my project ^^
Customer reply replied 9 months ago
I just want to make sure that my company can sponsor a foreign nurse for their green card(EB3) even though my company does not have any income yet(yes, I do have enough my personal asset)
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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,622
29,622 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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