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I am from Brazil, but I am an American citizen. I would like…

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I am from Brazil, but...
I am from Brazil, but I am an American citizen. I would like to open a company in the united states to fix cars mostly brand new cars from dealerships, states like Colorado time to time lots of cars can be damaged by hail rain:What would be necessary for me to bring these workers from Brasil with the visa H2b?
What would be the requirements in regards ***** ***** sponsoring these workers?
What would be a quick summary of the process so I can identify if is something that would be doable and profitable?
When I say quick summary I mean: open and incorporate a new business - obtain the licenses to operate - and in regards ***** ***** sponsoring or requesting this visa for my workers what would be necessary?
Submitted: 7 months ago.Category: Immigration Law
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Answered in 16 minutes by:
9/27/2017
Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago
Laura Schonberg
Laura Schonberg, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 14
Experience: Partner at Schonberg & Timerman, P.L.
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Hi, I'm an immigration attorney based on FL, and would like to assist you with your inquiry...please give me a few minutes to review your question....

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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago

To qualify for H-2B nonimmigrant classification, the petitioner must establish that:

  • There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary if it is a(n):
    • One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
      • An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
      • Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;

OR

  • Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:
    • Traditionally tied to a season of the year by an event or pattern; and
    • Of a recurring nature.

Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is:

  • Unpredictable;
  • Subject to change; or
  • Considered a vacation period for your permanent employees.

OR

  • Peakload need – A petitioner claiming a peakload need must show that it:
    • Regularly employs permanent workers to perform the services or labor at the place of employment;
    • Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
    • The temporary additions to staff will not become part of the employer's regular operation.

OR

  • Intermittent need – A petitioner claiming an intermittent need must show that it:
    • Has not employed permanent or full-time workers to perform the services or labor; and
    • Occasionally or intermittently needs temporary workers to perform services or labor for short periods.

H-2B petitioners must also provide a single valid temporary labor certification from the U.S. Department of Labor (DOL),

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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago

Are you looking for temporary employees? because this visa is specifically for temporary workers, let's say....in a ski resort for example...something that does not operate year round

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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago

As far as opening a company, that is state law, and you should check with a professional in the State that you are planning to incorporate. Here is FL is a very straight forward process, and you can do it online. Usually, for a one member company people incorporate as LLC

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Customer reply replied 7 months ago
I have no problem in opening the business in any state. My question is the business can be a new business just registered? what are the requirements so we can request the visa to this temporary workers?
Customer reply replied 7 months ago
I own a consulting firm for brazilians and I need alot of consulting in regards ***** ***** hopefully we can work together more often?
Customer reply replied 7 months ago
please let me know what is the requirements of this new company to qualify on a Petition for Nonimmigrant Worker
Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago

As stated in Training and Employment Guidance Letter (TEGL) 21-06, each H2B VISA application must contain supporting evidence or documentation that justifies the chosen standard of temporary need. Employers may submit any combination of evidence or documentation, and examples of acceptable documentation for the most common standards of seasonal and peak load need include, but are not limited to, the following:
a. Signed work contracts, letters of intent from clients, and/or monthly invoices from previous calendar year(s) clearly showing work will be performed for each month during the requested period of need on the ETA Form 750, Part A, Item – 18b. This type of documentation will demonstrate the employer's need for the work to be performed is tied to a season(s) of the year and will recur next year on the same cycle;

b. Annualized and/or multi-year work contracts or work agreements supplemented with documentation specifying the actual dates when work will commence and end during each year of service and clearly showing work will be performed for each month during the requested period of need on the ETA Form 750, Part A, Item – 18b.; or

c. Summarized monthly payroll reports for a minimum of one previous calendar year that identifies, for each month and separately for full-time permanent and temporary employment in the requested occupation, the total number of workers or staff employed, total hours worked, and total earnings received. Such documentation must be signed by the employer attesting that the information being presented was compiled from the employer's actual accounting records or system. Employers should be prepared to provide the documents utilized to generate the summarized monthly payroll reports if requested by the NPC Certifying Officer.

The types of supporting evidence/documentation listed under Section III.D.4 of TEGL 21-06 is not exhaustive, but rather suggestive of the types of acceptable evidence/documentation the Department of Labor would recommend employers use in substantiating their temporary need. For example, if the employer chooses to substantiate his/her temporary seasonal or peakload need for foreign workers based solely upon letters of intent from clients, then the SWA should accept such evidence as the official documentation supporting the H2B VISA application.

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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago

To sum up, the employer must submit documents that adequately demonstrate the temporary need. If that is accomplished with three invoices that show the nature of a seasonal need for the months required and for the number of employees requested, then the employer need only provide three. If, on the other hand, the need for the total number of months and employees requested can only be documented through 150 invoices, then the application should include all 150. In most cases, a sample set of work contracts or invoices can demonstrate the need for the requested months and employees.

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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago

A new business might not have employee records to provide from the previous year, but should have signed contracts or letters of intent from clients sufficiently detailed to clearly show that work will be performed for each month during the requested period of the need stated on the ETA Form 750. Ancillary documents such as newspaper articles, promotional materials, and official Visitor Bureau’s documents might be added to the documents to augment the showing of the temporary need in the case of new businesses. However, the documentation of the business’ own activities is essential to show the need for services of H2B VISA workers.

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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago

Also, keep in mind that there is a statutory numerical limit, or "cap," on the total number of foreign nationals who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year (FY). Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - September 30).

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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 7 months ago

My business partner, also a licensed immigration attorney, is from Brazil, Sao Paulo, and fluid in Portuguese...We are available to help you if you have any further question.

I hope I provided useful information. If you are satisfied with my service, please take a minute now to rate my response accordingly. Thank you and looking forward to assisting you in the future!

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Laura Schonberg
Laura Schonberg
Laura Schonberg, Immigration Lawyer
Category: Immigration Law
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