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I need help please. Minnesota. Steps about what? I'm sorry I…

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Hi, I need help please

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

Minnesota

Lawyer's Assistant: What steps have you taken so far?

Steps about what? I'm sorry I don't understand

Lawyer's Assistant: What confuses you?

Can LLC sponsor an Immigrant?

Lawyer's Assistant: The Lawyer will be able to walk you through that. Anything else you want the lawyer to know before I connect you?

That's all but the person is here and has been been partnering with the company. was married but now at the verge of divorce, I want to file for the person via my company so the person can continue to be a valuable asset to the company

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Answered in 1 minute by:
7/7/2018
KLAW
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Customer reply replied 1 month ago
Hello
I will type your answer now.
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any US business that has a bona fide need to fill a professional position and has the ability to pay the prevailing wage can file for an H-1B.As a business, you can hire her, but you should keep the following guidelines in mind.These are the areas of the application that need to be especially well-documented:Ability to Pay. When you file an H1b application, USCIS doesn’t need to be convinced that the company has enough money to pay the employee while maintaining the rest of the company’s operations. When a company applies for an H1b employee, however, USCIS normally wants evidence that the company can afford to pay the prevailing wage. This doesn’t mean the company needs to be profitable or even generating revenue. You do need to be able to show that you will have cash coming in from somewhere, and that it is more than enough not only to pay the H1b employee.
Sophistication. H1b visas are only for “specialty occupation,” professional jobs. When a large, multinational company files an H1b, USCIS assumes that the company’s operations are sophisticated enough to need an H1b specialty employee. When a company files an application, however, USCIS will want to know why exactly the company needs such a specialized employee. The application needs to make it clear to the USCIS officer what what the growth trajectory of the company is, and why this employee is needed.
Employer-Employee Relationship. H1b visas are only available to workers who would legally be considered “employees.” In the business context, proving the applicant will be acting as an employee is complicated and requires an attorney to submit the application.
These are the areas I make sure to focus on at the outset in order to minimize the risk of an request for evidence on an application.I hope this clarifies. Please don’t forget to rate the question with stars. We as attorneys are not employees of Just Answer and are not paid unless you rate the question with stars.
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Customer reply replied 1 month ago
Got it. Yea, I'm not making any money now and she has been supporting the company. So is there any agent that can help with that? And ensure smooth application process.
you will need to hire an attorney to process and file the application. You will need documentation to show that the company can afford to pay the prevailing wage, even if it is not making a profit.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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