Sponsering Mother-in-law as employee

[databit 328]

3 hours ago, nt&rb said:

Thanks everyone for the replies! I will see how we get on and let you know. First step is of course getting my husband his CR-1 visa-- currently playing the waiting game!

You might consider talking to that attorney now about you MIL. Are you and your spouse ok with moving to the US if she cannot immigrate at all? If the EB-3 visa doesn't work out, your husband could not sponsor her until he is a full USC. And the parent reunification visa may be ended by then.

[Ryan H 3,791]

~~~Closed for review~~~

 

***Thread back open; off topic and/or derailing posts removed along with posts quoting.  Either answer the OP's questions in a constructive manner or do not post.  This is the only warning, Administrative Action will be taken for any further instances of non-constructive posting.***

Edited April 4, 2018 by Ryan H

[CEE53147 559]

Work visas are being much more strictly reviewed.  A H-1B visa requires at least a bachelors degree in the field. There are numerous reports of individuals with even masters degrees but outside the area of the job who have previously been granted a work visa now being denied upon attempts to extend the authorized employment time. For example, an engineering degree is not acceptable for most IT positions.

 

Murthy forum has discussions on just the situation OP describes.  I suggest that this is a better resource for employment based discussions. VJ is by far the best resource for family based discussions.

 

When you engage an attorney on immigration issues, be sure they specialize in the family or employment area as they will be the most familiar with the changing nuances in the processing of those particular visas.

 

Since most new small businesses in the US fail, the establishment of a business in the US is best accomplished with the assistance of an attorney and a CPA. Add an immigration employment law specialist when you expect to hire foreign nationals on guest worker visas as those filings are best done by attorneys very familiar with the process.  Remember as well that H-1B visas have been oversubscribed in recent years resulting in a lottery with a 1/3 - 1/4 chance of a person having a petition entered on his/her behalf being selected. Filing begins in April for jobs beginning in October.

[Boiler 43,538]

3 minutes ago, CEE53147 said:

Work visas are being much more strictly reviewed.  A H-1B visa requires at least a bachelors degree in the field. There are numerous reports of individuals with even masters degrees but outside the area of the job who have previously been granted a work visa now being denied upon attempts to extend the authorized employment time. For example, an engineering degree is not acceptable for most IT positions.

 

Murthy forum has discussions on just the situation OP describes.  I suggest that this is a better resource for employment based discussions. VJ is by far the best resource for family based discussions.

 

When you engage an attorney on immigration issues, be sure they specialize in the family or employment area as they will be the most familiar with the changing nuances in the processing of those particular visas.

 

Since most new small businesses in the US fail, the establishment of a business in the US is best accomplished with the assistance of an attorney and a CPA. Add an immigration employment law specialist when you expect to hire foreign nationals on guest worker visas as those filings are best done by attorneys very familiar with the process.  Remember as well that H-1B visas have been oversubscribed in recent years resulting in a lottery with a 1/3 - 1/4 chance of a person having a petition entered on his/her behalf being selected. Filing begins in April for jobs beginning in October.

She does not qualify for a H1b, see earlier posts.

[CEE53147 559]

I am well aware of this.  However, an H-1B visa is the one used for guest workers not qualifying under L-1. Given the size and stated plan for the business, this does not apply either.

 

Unfortunately for all - American and guest workers both, the work visa process for both temporary workers and green card aspirants has serious problems.  An employer wishing to go through either of these needs, IMO, a well qualified legal firm to assist them.  They should stay away from firms suggesting questionable tactics because it may get through the first time and be rejected later on.

 

I am extremely sensitive to the desires of individuals wishing to immigrate on the bases of employment as I have a USC family member in another country waiting on the renewal of his work visa there.  Nothing is assured even though he has been there more than 7 years filling a position that was open and advertised for over a year before his company asked him to take it for just several years.  Like people who come to the US and like it, he likes his life there far more than his previous one where the corporate US headquarters is located. If he does not receive visa approval under the new, more strict regulations, he will return to the US with no guarantee of a position here or will be assigned to another office half way around the world. It is not a lifestyle I would choose.

[Boiler 43,538]

She wants an immigrant visa not a work visa.

[nt&rb 1]

Thanks everyone- I will definitely be looking at finding a lawyer sooner rather than later to discuss our options. She is actually more of a co-founder of the business rather than an employee so I'm not sure if that changes anything. 

 

Even so my husband and I have decided to move back to the usa for different reasons (stemming from my family) and the business will be moved with us. If she is unable to join us, we will make it work somehow with her input into the business and (fingers crossed it doesn't fail). 

 

Thanks again for all the replies! We have a lot to think about!

[Boiler 43,538]

A Lawyer has the advantage of full information, but if she is an Investor there is also the E2 and EB5 to look at.

[CEE53147 559]

14 hours ago, Boiler said:

She wants an immigrant visa not a work visa.

She does not yet qualify for an immigrant visa and there is no "waiting for child to become a citizen" visa. A work visa is the only way she can come anytime soon. The other is more like 7 years away if that category remains at the time her child becomes a citizen.

 

Of course, if she has a significant amount to invest, that can change the situation. Remember that the investment required is location dependent and has other requirements.

[Boiler 43,538]

6 hours ago, CEE53147 said:

She does not yet qualify for an immigrant visa and there is no "waiting for child to become a citizen" visa. A work visa is the only way she can come anytime soon. The other is more like 7 years away if that category remains at the time her child becomes a citizen.

 

Of course, if she has a significant amount to invest, that can change the situation. Remember that the investment required is location dependent and has other requirements.

Please read the thread, all you are doing is confusing the OP.