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I was just googling information and did not expect to get…

Hello. I was just...

Hello. I was just googling information and did not expect to get your offer to chat However, our relatively small business is looking to hire and train a young lady from the Ukraine and I am working on her I-129 at this time.

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Not yet -- working on the I-129 now

Lawyer's Assistant: Have you talked to a lawyer about this?

Honestly our company does not have the financial resources to hire one so we are trying to do this by following directions on-line

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We are a start-up and we are trying to hire an old friend of ours interested in working in the US

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Answered in 5 minutes by:
3/17/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,314
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

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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Sorry for the delay. I just ask that if the news is not good 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 you are asking is very difficult especially in this current anti-immigration environment. What level of education does she have? What level of education does the job require? Is she currently in the U.S.? In what status?

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Customer reply replied 4 months ago
Hold -- grabbing her resume...

Ok. Take your time.

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Customer reply replied 4 months ago
She has a masters in educational and vocational programming. She is currently in the Ukraine and has worked on cruise ships in the past, but she is looking for something that can be more of a career. We plan to bring her here temporarily for perhaps 6 months and try the job to see if she likes it. If she does, we'd look at seeing about something full time. Job requires great people skills and willingness to learn our business model.

Ok. Good. That means she probably qualifies for an H-1B professional visa. The information on the H-1B is basically that she must have a job offer, the job offer must be for a company that is offering a position that is related to her degree and experience. The position must also normally require a bachelors degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay her what is normally paid to someone in that position. All these things must be provable with financials, business plan, etc. Also, because they are used up for this year, she will need to apply on April 1, 2018 to start working on October 1, 2018 or later. The exception is if she applies 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 a link:

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

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.

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Customer reply replied 4 months ago
We run family friend events in what is a very innovative and new concept. We basically do family friendly glow in the dark parties and laser shows, especially school fundraisers. We envision her running youth activities at our events and then assisting in sales and event planning. If all goes well, we'd look to bring her in full time in another location and let her be a regional manager.

Well, please review what I posted above. The job has to require a bachelors degree or higher.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,314
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
Oh we were hoping to bring her here this summer. So that is not possible?

Unless you were a cap exempt organization, unfortunately, it doesn't seem so. I mean there are two other options available for work that I see where she might be able to come for the summer, but both of those have more requirements than the H-1B. Here are the links:

https://www.uscis.gov/working-united-states/temporary-workers/h-3-nonimmigrant-trainee/h-3-nonimmigrant-trainee-or-special-education-exchange-visitor

https://www.uscis.gov/working-united-states/students-and-exchange-visitors/exchange-visitors

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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