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  • Hiring an immigrant

    We are a small fast food restaurant. We interviewed an immigrant and we want to hire her (she has all the qualifications that we are looking for). She is here with a tourist visa and the position that we are offering her is of the general manager. Is it something that we can do to change her immigration status? Thank you.

  • #2
    We are a small fast food restaurant. We interviewed an immigrant and we want to hire her (she has all the qualifications that we are looking for). She is here with a tourist visa and the position that we are offering her is of the general manager. Is it something that we can do to change her immigration status? Thank you.

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    • #3
      I guess you would have to file for a work visa for her, but I don't know how that works out of a visitor status. I would call an attorney if I'd be you.

      Regards,
      “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

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      • #4
        She's ineligible to lawfully work in the U.S. unless she has a status allowing her to work. A visitor's visa is not such a status. If she has a college degree in business, management, food service, hospitality, etc., or enough experience and education that she can be certified as having the equivalent to a college degree; and if being a general manager of a fast food business generally requires such a degree in the industry, or if your company normally requires someone with such a degree in the general manager position, you could attempt to file an H1-B visa for her. However, you will need to hurry because the filing date is opening soon (April) and there are more people applying than available visas. This can also be an expensive process that requires expert skills at making right. No one really tries to do an H1-B by themselves.
        Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

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        • #5
          Tough luck, the second season H2b cap was reached recently. And I won't take the H1b gambit with all the expenses, the rush to make it on April 2nd H1b visa "lottery," and the clear and present risk vs. potential benefit (a small restaurant seeking an alien employment in a specialty occupation category? it's tough). PERM > EB2 is another option, i.e., if the alien isn't from China or India (only countries where visa is not current). But then again, the OP/employer has to overcome burdens on legit business necessity, ability to pay, and alien's qualification. If the alien has just arrived (B1/B2), he/she may not be covered by the STRIVE act either. Huh! tough. Hey, try recruiting from the local labor market.

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          • #6
            You did not interview an Immigrant, you interviewed a Visitor.

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            • #7
              From what I remember of the possibility of immigration on an employment basis... the job offer has to have been offered to US citizens by all means possible and then and only then, if no qualified US Citizen can be found, the job may be offered to a suitibly qualified person from a foriegn country.

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              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Eeyore:
                From what I remember of the possibility of immigration on an employment basis... the job offer has to have been offered to US citizens by all means possible and then and only then, if no qualified US Citizen can be found, the job may be offered to a suitibly qualified person from a foriegn country. </div></BLOCKQUOTE>

                Yeah, you remember it exactly right. If you've gone through the same process yourself, it should ring a bell, it's in accordance with Title 20 of the Code of Federal Regulations Part 656. But this lengthy process is required (with some exceptions) to seek an alien's permanent residency based on employment. What the OP is looking at here is the possibility of an alien/tourist to work legally for him before her I-94 expires, more probably, on a nonimmigrant working status.

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                • #9
                  Thank you for all your help. We were exploring the possibility.

                  Just for future references, how much would cost to sponsor a nonimmigrant working visa? And how long is the process?

                  Comment


                  • #10
                    TOURIST ARE SUPPOSED TO BE TOURISTS NOT WORKERS. Obviously, there is NOBODY in the US who can perform that challenging job you offered the TOURIST. You have to be kidding me! is she a relative of yours? are you Mexicans? Filipinos? Chinese? Indians?
                    to Rambo and every damm illegal alien in the U.S. GET THE HELL OUT OF HERE!!! Your own countries are supposed to support you, THEY have an OBLIGATION with you, not us, when will you get it thru your sick skulls. We have MILLIONS of people who SHOULD

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                    • #11
                      To make a long story short.

                      You can NOT hire her!!!

                      She is in the United States with a tourist Visa,meaning "she is a tourist" she has no right to work nor does she have the privilege to work.If you would let her work,she'd be working illegally "no work authoriziation by the United States Govvernment" and YOU as the employer would make and will yourself make punishable by the state for doing that,which can put you in worst case in Jail.

                      The ONLY time you can hire someone,if they provide original document by the US government or INS aka Homeland Security that states clearly that they are allowed to work,with date and it expires...

                      Therefore, The person is not an Immigrant,she is a tourist.PERIOD!!!
                      An Immigrant is someone that is and has a greencard aka is a permament legal U.S. Resident.

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ggfrisco:
                        We are a small fast food restaurant. We interviewed an immigrant and we want to hire her (she has all the qualifications that we are looking for). She is here with a tourist visa and the position that we are offering her is of the general manager. Is it something that we can do to change her immigration status? Thank you. </div></BLOCKQUOTE>
                        The applicant needs to adjust the status of her visa. B1/B2 visas are not allowed to work in the US. The adjustment can happen one in a couple of ways. You, as the employer, can sponsor her using the H visa, either H1b or H2b. You will fill out the I-129 and the process will generally take 90 days, unless you submit the paperwork for expedited processing, which costs an additional $1000. Also, not knowing where she is from, there could be other options as well under the sponsorship via the employer.

                        The other options is for the applicant to change the status via family. Again, not knowing the specifics, that could be a possibility, albeit a long shot.
                        "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SICKOFILLEGALS:
                          TOURIST ARE SUPPOSED TO BE TOURISTS NOT WORKERS. Obviously, there is NOBODY in the US who can perform that challenging job you offered the TOURIST. You have to be kidding me! is she a relative of yours? are you Mexicans? Filipinos? Chinese? Indians? </div></BLOCKQUOTE>
                          Yes, but the employer can sponsor the applicant if certain conditions are met.
                          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ggfrisco:
                            Thank you for all your help. We were exploring the possibility.

                            Just for future references, how much would cost to sponsor a nonimmigrant working visa? And how long is the process? </div></BLOCKQUOTE>
                            The Application fee for the I-129 is $190.00 and takes about 90 days. If you use expidited processing, add another $1000. There may be additional fees involved depending on the facts of the case and which route you take.
                            "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Theone:
                              You did not interview an Immigrant, you interviewed a Visitor. </div></BLOCKQUOTE>
                              Technically, she did. Although tourists are not allowed to work legally in the US, the applicant, if not a USC or a GC, is an immigrant. Otherwise, you would negate tourists, students, exchange visitors, etc when one is applying for the job.
                              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                              Comment

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