My fiances dad has a business, can he "employ" me?

[starlisle 0]

My fiance's dad has a business. Can he, let say employ me as his secretary and I get a work visa that way? Is there any demands of proof we have to submit?

[Transborderwife 4,666]

In short, no. A work visa is for specialized trained employees or specific skills only. He'd have to prove no American could do the job. That wouldn't happen

Edited September 14, 2015 by Transborderwife

[Ryan H 3,797]

***Post violating the TOS (advocating visa fraud) removed along with post quoting. Administrative Action taken.***

[starlisle 0]

How can you call it fraud when he would actually employ me?

[canadian_wife 1,802]

Because secretary is not a skilled job. For him to try and twist it like it is, when you are simply doing clerical work, that would be the fraud.

good luck

[JohnR! 5,495]

Employment-based visa are reserved for specialized professionals. In order for him to hire you, he would need to prove that. H1 visas are not granted for at the level you propose - secretry/admin assist.

How can you call it fraud when he would actually employ me?

[Boiler 43,850]

H2B comes to mind if it is seasonal or temporary, anyway something his Immigration Lawyer would handle.

[HFM181818 748]

an H2B does require that an employer demonstrate that no American worker is available/experienced....'proving' that for what is little more than a secretarial position would be laughable...not that many immigration attorneys wouldn't attempt to do so via some creative cover letter...and should you, by some incredible long shot, actually get an approved H2B petition, that is not the same as an approved H2B visa. The CO will be looking at many things during your interview, most importantly, 'why this job at this location?'...'what made you pick the city of 'X' and company 'Y' for this 'seasonal' job? 'What 'job' are you abandoning in your own country, and why?...and here is where a good CO will figure it out....you must have an American fiancé and are looking for a way to circumvent the wait time for the K1 to be processed....of course, you could try to deny you have such a relationship....but imagine what your answers to the first few questions will be and how they will come across, not to mention why you are so willing to quit whatever job (if any) you may have now (and was that job secretarial in nature or something completely different?) And how does your overall job experience coincide with whatever nonsense the immigration attorney wrote in the cover letter? ?There are way too many inconsistencies already, besides trying to find an ethically challenged immigration attorney who would attempt this sort of thing (actually, finding an ethically challenged immigration attorney is incredibly easy...just open the phone book and look in the Yellow Pages under 'immigration attorneys'...and there you will find no shortage of them....now, you might be asking, 'how do I know if they are ethically challenged?'...a good question....with a simple answer....one cannot become an immigration attorney unless they have either (a) taken and failed an ethics course or (b) never taken one at all....it's a prerequisite in order to practice immigration law...whose sole focus is generating billable hours. Of course, that's just my opinion. But ask around....

[Boiler 43,850]

an H2B does require that an employer demonstrate that no American worker is available/experienced....'proving' that for what is little more than a secretarial position would be laughable...not that many immigration attorneys wouldn't attempt to do so via some creative cover letter...and should you, by some incredible long shot, actually get an approved H2B petition, that is not the same as an approved H2B visa. The CO will be looking at many things during your interview, most importantly, 'why this job at this location?'...'what made you pick the city of 'X' and company 'Y' for this 'seasonal' job? 'What 'job' are you abandoning in your own country, and why?...and here is where a good CO will figure it out....you must have an American fiancé and are looking for a way to circumvent the wait time for the K1 to be processed....of course, you could try to deny you have such a relationship....but imagine what your answers to the first few questions will be and how they will come across, not to mention why you are so willing to quit whatever job (if any) you may have now (and was that job secretarial in nature or something completely different?) And how does your overall job experience coincide with whatever nonsense the immigration attorney wrote in the cover letter? ?There are way too many inconsistencies already, besides trying to find an ethically challenged immigration attorney who would attempt this sort of thing (actually, finding an ethically challenged immigration attorney is incredibly easy...just open the phone book and look in the Yellow Pages under 'immigration attorneys'...and there you will find no shortage of them....now, you might be asking, 'how do I know if they are ethically challenged?'...a good question....with a simple answer....one cannot become an immigration attorney unless they have either (a) taken and failed an ethics course or (b) never taken one at all....it's a prerequisite in order to practice immigration law...whose sole focus is generating billable hours. Of course, that's just my opinion. But ask around....

If I needed a Secretary that was for example fluent in both English and Swedish I might find it exceptionally difficult finding someone locally.

One of the reasons Employment Visa's are normally handled by Lawyers.

Edited September 14, 2015 by Boiler

[canadian_wife 1,802]

You say 'fiance', why are you bothering with an employment visa? Why not start the K-1?

Good luck

PS - why was 'employ' in quotes?

[Alaska2012 462]

You are already doing the K1....why try another route? I know it sucks to wait but hang in there..

[Ryan H 3,797]

***Another post violating the TOS (abusive language) removed. Administrative Action taken.***

[eyeofanubis79 1]

Not a wise choice, these are the Feds you are dealing with. They will find out EVERYTHING, maybe not immediately, but it will come back to haunt you later.

[enibas 2]

The only work visa H1Bn and L1 visa are dual intent visa. So this would not be a fraud when it comes to the immigration intent

http://www.greencardapply.com/h1b/h1b_benefit.htm

[theskeets 10]

Not to mention for the past 3-years H1B visa recipients are decided upon by a lottery which only happens once a year (Spring), due to the incredibly high demand.

Even if you're well qualified, already in the US-paying taxes, rent, health, etc-, have had previous US visas, and a job at a great company that sponsors you with premium processing from an experienced lawyer- the odds aren't in your favor. Lottery is a lottery, unless you have a big player like Google/Microsoft/Apple as a sponsor. The lottery for H1-B is why my husband had to move back to EU.