Need guidance on work visa for my parent's business

[SusieQQQ 11,584]

10 minutes ago, Lakeside92 said:

Really?  Why the attitude? I am just asking for advice.  I am not an expert. I can't force people to apply for jobs.

 

It's a job that many people can do.  It isn't skilled, but there is no labor in the area and no one from out of the area applies. If we need to try to advertise in a wider location, we would do it.  Our goal is to get workers.  A local worker with skills is best, but we haven't had anyone apply.

 

We would be happy to hire adult workers with experience at a hire wage.  However, we do not have anyone applying. We take the teenagers with no experience and train them because we are desperate for workers.

Re what I’ve bolded above, the implication is that you haven’t done that yet, curious as to why not? Surely that would be logical before going overseas? In any case, yes you will have to do that anyway and show you still couldn’t find anyone before you can apply for a work visa for someone.

 

[Lakeside92 1]

4 minutes ago, SusieQQQ said:

Re what I’ve bolded above, the implication is that you haven’t done that yet, curious as to why not? Surely that would be logical before going overseas? In any case, yes you will have to do that anyway and show you still couldn’t find anyone before you can apply for a work visa for someone.

 

What I was specifically referring to there is the requirements for showing a need for the worker.  I am requesting assistance in finding that documentation so that I can read it and see if we meet the qualifications.  I have never done this before so I don't know if we meet the requirements or what I need to do.  

 

We have advertised at the state level for employees.  As I have said, we have run the business for a long time. It's just been in the last 5 years or so that finding employees is difficult. 

 

I know that other unskilled laborers are able to get work visas.  Can someone explain to me how some people are able to get nannies and housecleaners work visas?  That is not a super skilled job.  What am I missing?

[Boiler 43,434]

Work Visa's are an area for lawyers, most Immigration Lawyer work involves work and investment not family.

 

As they are getting older an Investment Visa might be a plan, seel the business, the purchaser would get an E2 hopefully, they get the cash and avoid the issues.

 

Not something I know about and you are certainly at the risk of Discrimination issues but if you are looking specifically for a Filipino perhaps somebody can advise specific forums, social groups where you could advertise.

 

If it was seasonal perhaps look at bringing over someone on a J1, I have friends who do that. 

[SusieQQQ 11,584]

6 minutes ago, Lakeside92 said:

What I was specifically referring to there is the requirements for showing a need for the worker.  I am requesting assistance in finding that documentation so that I can read it and see if we meet the qualifications.  I have never done this before so I don't know if we meet the requirements or what I need to do.  

 

We have advertised at the state level for employees.  As I have said, we have run the business for a long time. It's just been in the last 5 years or so that finding employees is difficult. 

 

I know that other unskilled laborers are able to get work visas.  Can someone explain to me how some people are able to get nannies and housecleaners work visas?  That is not a super skilled job.  What am I missing?

There are specific au pair visas with specific conditions. Housecleaners? Sounds like someone has misused visas for that. We obviously don’t advise on illegal uses of visas here.

as for what you need to show, it depends on what type of visa you want to bring the worker on. You said temporary might be an option, then look into H2B. I’m not sure what if any other options might be available for what you’re looking at. But that’s not going to help you long term as they are seasonal visas. https://www.uscis.gov/working-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers

 

 

[Boiler 43,434]

H2B's are limited in numbers and I have not looked into them in detail but seems to be a bit of a lottery, so may not be a realistic option. I have seen a lot of complaints from Companies locally who used to be able to get them but not now.

 

J1's are not capped.

 

A lot of this falls into well it depends, more than one way to skin a cat, details can matter.

 

 

[aaron2020 11,651]

There are no work visas for a non-skilled worker for a general store. 

With the economy running at full employment, every employer is having problems finding workers.  Increase the wage your parents are willing to pay and you can find a local adult.

US immigration doesn't allow for long-term non-skilled workers to come.

[mtempelaar 190]

2 hours ago, Lakeside92 said:

Hello all, 

 

I am hoping you can point me in the right location.  My parents live in a very rural area and getting employees for their general store is near impossible.  My mother is 69 and my father is 64.  They are getting too old to run the business without reliable help.  Finding employees is difficult and the ones they are able to get are not good and don't last long.  We have decided to try to get a work visa for someone in the Philipines.  This would be a full time position for someone who can run a register, clean, stock, and make pizzas and subs.  We are hoping to get someone in the position by next summer.  Can someone point me in the right direction?  If anyone has done this before tips would be very helpful.  

 

Thanks in advance!

 

 

I am sponsoring someone for an H1B.   The cost for this is in the thousands and the process is incredibly time consuming, paperwork intensive and requires a level of skills that this position wouldn't require.   We use immigration lawyers for each step in the process because there are so many potential bad things that can happen.  

 

For an H1B:

1) Job description must qualify as a specialty occupation

2) Notification to US workforce - the position must be advertised in a wide variety of places, both in the place of employment and outside.   This means Monster.com, newspapers, company bulletin board, radio, etc.

3) Prevailing wage determination.  While you may want to pay a certain amount, you have to submit a Labor Condition Application to the Department of Labor to determine the prevailing wage of similar workers.  It's the prevailing wage that the employee will make once the prevailing wage is determine.  

4) Submission of a petition for a non-immigrant work after the LCA above is completed and certified.

5) Prospective worker takes Notice of Action to US State Department to apply for the visa at embassy/consulate.

 

For H2B, you are still talking about a lot of money here and it's only for temporary/seasonal non-agriculture workers.  Max 1 year.   On Oct 1 they started accepting applications for FY 2019.  There is a small number of visas allowed under this and I *think* there is a lottery involved.  

Essentially the same process as above but for a different visa type.

 

I understand your hiring issues but you may need to rethink the strategy here.  One option is to offer them a few other responsibilities that cater to an interest or ambition.   For example, one of my niece's worked in a store but her ambition was to work on Madison Avenue in advertising.   The store owner understood this, carved out some hours for my niece to devote to creating ads, flyers and even a new logo.  The store got more business and my niece got something for her portfolio.   She stayed there for two years because of the extra opportunities she was given.  Another example:  I had someone work for me who wanted to get into management, so I started giving her opportunities that played to that, like validating invoices and tracking budget.

Edited October 12, 2018 by mtempelaar

[geowrian 22,335]

I concur...this is a question to ask an immigration attorney. They would be the one doing most of the work. This is not a quick or cheap process.

You cannot (legally) discriminate based on nationality.

[Boiler 43,434]

There is also the EB3 but that has issues.

[Umka36 781]

It's going to be costly as an employer to import a foreign worker, and in this situation a high probability of not succeeding. It would be cheaper to just up the pay in order to attract a responsible adult as others have recommended.

 

Make it $15/hour as that seems to be the trend now for a livable wage (I realize that can't happen for all sector of the job market)? Advertise with other incentives beyond pay (holiday, vacation, benefits)? Running/owning a business can be difficult in this current market. I feel for the OP, but that's just how it is in the business cycle.

[Boiler 43,434]

$15 seems the norm where I am, starting at from $12 is what you see advertised.

[databit 328]

2 hours ago, Lakeside92 said:

We would be happy to hire adult workers with experience at a hire wage.  However, we do not have anyone applying. We take the teenagers with no experience and train them because we are desperate for workers.

Have you thought of hiring senior citizens? Many of them need the extra income, and they have the best work habits and are not going to do drugs. 

[NigeriaorBust 4,087]

  Have you thought of posting on a homesteading group on say face book .   There are a lot of people trying to go back to the simple life and finding they need a bit more money than planned.   They might be a more productive group than the average teen.    Or stop my some farm where you see some young person throwing hay off a wagon.  I bet they have a better idea of what work is.  

[gregcrs2 1,777]

Another option since they are in retirement age is either cut the store hours and work it themselves or try to sell the business.  At that age, they should be enjoying life.

[Sarah&Facundo 576]

3 hours ago, Lakeside92 said:

What I was specifically referring to there is the requirements for showing a need for the worker.  I am requesting assistance in finding that documentation so that I can read it and see if we meet the qualifications.  I have never done this before so I don't know if we meet the requirements or what I need to do.  

 

We have advertised at the state level for employees.  As I have said, we have run the business for a long time. It's just been in the last 5 years or so that finding employees is difficult. 

 

I know that other unskilled laborers are able to get work visas.  Can someone explain to me how some people are able to get nannies and housecleaners work visas?  That is not a super skilled job.  What am I missing?

A lot of nannies are college-aged students who are on the au-pair visa for a year or two. There are also some visas that let college-aged students come and work for a summer or winter season and then they go home.

Many other unskilled workers (including housekeepers) are either not legal (which we don't discuss on VJ) OR are recent immigrants that came over another way (maybe through a family member petitioning them).

Edited October 12, 2018 by Sarah&Facundo