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I have a small farm and have a Mexican worker with a card.

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I have a small farm...
I have a small farm and have a Mexican worker with a green card. How can he bring an additional worker back with him for the work season?
Submitted: 11 months ago.Category: Legal
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9/11/2017
Lawyer: Expert James, Lawyer replied 11 months ago
Expert James
Expert James, Lawyer
Category: Legal
Satisfied Customers: 13,546
Experience: I hold a JD and have more than 12 years of legal experience.
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

During this conversation, you might experience some delays while I work with several customers at the same time, or I am preparing a response to you. Please do not click Opt Out expecting a faster response. This results in more delays while waiting for another Expert. I assure you I will help you in due time. Thank you in advance for your patience and understanding.

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Lawyer: Expert James, Lawyer replied 11 months ago

Are they related?

When is he eligible for US citizenship?

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Customer reply replied 11 months ago
I think you may be not understanding my question. My current worker told me he could bring back his cousin for 5 months if he could get a passport. So how do we get his cousin here?
Lawyer: Expert James, Lawyer replied 11 months ago

I didn't misunderstand your question. I asked for more information so that I could try to determine whether there are other potential but maybe less obvious solutions (i.e., through a family process) to your question. I like to know all of the options, which I am sure you'd appreciate.

Anyway, please give me some time to prepare your answers.

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Lawyer: Expert James, Lawyer replied 11 months ago

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: When someone says it is possible to come for 5 months with a passport, it leads me to believe that they are referring to a visitor visa. If the cousin is coming with a visitor visa, then s/he cannot work for you legally. If you want to bring someone to the US to work on your farm, then you need to pursue a nonimmigrant visa for an agricultural worker—H2A visa.

Here is information for this type of visa, including the process: https://www.uscis.gov/working-united-states/temporary-workers/h-2a-temporary-agricultural-workers.

In brief, you would file a request for temporary labor certification through the department of labor. If that is approved and the position is certified, then you file an I-129 Petition for Nonimmigrant Worker. IF that is approved, the worker applies for the visa through the US consulate abroad. If that is approved, s/he can come to the US to work on your farm for the predetermined amount of time on the approved petition.

But for him/her to just come as a visitor, he is not eligible to work while in the US on that visitor status.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

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Lawyer: Expert James, Lawyer replied 11 months ago

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but I have not received credit for it. Do you need more help? Please respond so that I know what to do next.

Thank you!

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