Work Visa - Swimming Pool Construction or Trades

[Omar G. 4]

Hi all, I am trying to help my wife's brother in law.  He would like to have the opportunity to come to the united states and work here.  He only wants to come the right way legally.  He is 35 years old, has an established restaurant in Colombia right now but has lots of construction skills as he has built many farm houses and planting as a farmer.  His cousin's husband is the owner a swimming pool business and they build new pools in Florida.  He would like to petition for him to come and work for him through a work visa and have him work for his company.  Is there any way and for which visa he can apply for?  

 

My wife's brother in law does not have a college degree or a 'specialized' skill set with accompanying portfolio.  He is a hard worker that would like the opportunity to come to the united states with a work visa THEN potentially (through proper procedure) apply to bring his wife and daughters if possible by tourist visa and changing status.  He is adamant that he does not want to come with a tourist visa with his family and stay illegally.  He has an established restaurant in Colombia and property that he does not plan to abandon or sell.  Is there any possible route or visa type for applying for a work visa though his cousin's husbands pool business?  I am thinking since he does not have a 'specialized or extraordinary' skill, maybe the lack or labor market is the angle for approval?  

 

I believe H-2A - not a preferred option as he does not plan to come and work in agiculture worker.  He wants to come and be close with family which is why the pool business they can petition him because they would love to have him work with him.

 

H1B - Specialty Occupation - would this be considered specialty with no degree or specialized portfolio?

 

H2B - Temporary Non-agricultural worker - this is the only option i can think would be the visa to apply for.  Looking for advice.  

 

O1 Visa - extraordinary abilities?  

 

Any suggestions or tips would be greatly appreciated.   

[Boiler 43,628]

H2b seems the obvious one, presumably the work is temporary or seasonal. Something his Cousin needs to discuss with his Immigration Lawyer.

 

Quote

THEN potentially (through proper procedure) apply to bring his wife and daughters if possible by tourist visa and changing status.

That makes no sense.

Edited September 4, 2022 by Boiler

[Crazy Cat 39,411]

1 hour ago, Omar G. said:

THEN potentially (through proper procedure) apply to bring his wife and daughters if possible by tourist visa and changing status.

Not an option.  

Edited September 4, 2022 by Crazy Cat

[EmilyW 1,226]

I don't think your plan will work.

 

Best option is for your wife (if she is a citizen) to petition for her sister and wait. 

[SalishSea 16,828]

3 hours ago, Omar G. said:

Hi all, I am trying to help my wife's brother in law.  He would like to have the opportunity to come to the united states and work here.  He only wants to come the right way legally.  He is 35 years old, has an established restaurant in Colombia right now but has lots of construction skills as he has built many farm houses and planting as a farmer.  His cousin's husband is the owner a swimming pool business and they build new pools in Florida.  He would like to petition for him to come and work for him through a work visa and have him work for his company.  Is there any way and for which visa he can apply for?  

 

My wife's brother in law does not have a college degree or a 'specialized' skill set with accompanying portfolio.  He is a hard worker that would like the opportunity to come to the united states with a work visa THEN potentially (through proper procedure) apply to bring his wife and daughters if possible by tourist visa and changing status.  He is adamant that he does not want to come with a tourist visa with his family and stay illegally.  He has an established restaurant in Colombia and property that he does not plan to abandon or sell.  Is there any possible route or visa type for applying for a work visa though his cousin's husbands pool business?  I am thinking since he does not have a 'specialized or extraordinary' skill, maybe the lack or labor market is the angle for approval?  

 

I believe H-2A - not a preferred option as he does not plan to come and work in agiculture worker.  He wants to come and be close with family which is why the pool business they can petition him because they would love to have him work with him.

 

H1B - Specialty Occupation - would this be considered specialty with no degree or specialized portfolio?

 

H2B - Temporary Non-agricultural worker - this is the only option i can think would be the visa to apply for.  Looking for advice.  

 

O1 Visa - extraordinary abilities?  

 

Any suggestions or tips would be greatly appreciated.   

Since you said he wants to do things legally, you should know that his plan to bring his family in tourist visas and then adjust status is 100% illegal.

 

Sounds like the best option for this family is for the USC sibling to petition him.

[Family 3,536]

3 hours ago, Omar G. said:

Any suggestions or tips would be greatly appreciated

Unskilled worker / 3rd pref. A bit of of wait but family comes w him. Tell swim pool bus owner to consult a few immigration employment specialized attorneys .
 

https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3

 

Employment- based	All Chargeability  Areas Except Those Listed	CHINA- mainland  born	EL SALVADOR GUATEMALA HONDURAS	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C	C
2nd	C	01APR19	C	01DEC14	C	C
3rd	C	22APR18	C	15FEB12	C	C
Other Workers	08MAY19	01JUN12	08MAY19	15FEB12	08MAY19	08MAY19
4th	C	C	08NOV17	C	01APR20	C
Certain Religious Workers	C	C	08NOV17	C	01APR20	C
5th Unreserved (including C5, T5, I5, R5)	C	22DEC15	C	C	C	C
5th Set Aside: Rural (20%)	C	C	C	C	C	C
5th Set Aside: High Unemployment (10%)	C	C	C	C	C	C
5th Set Aside: Infrastructure (2%)	C	C	C	C	C	C

[Omar G. 4]

to those that replied, thank you.  I read somewhere that a tourist visa can change status, but i guess not , so lets move on please.  He still wants to come and work legally here temporarily.  He has a successful business that he will not be closing in Colombia, but he wants the experience of coming to US and working temporarily, even without his family because it will be temporary.  Are there any options, that are not the EB-3?

 

Thanks FAMILY, this sounds like a great option.  I read just now processing times are 1-3 years.  i will continue to research.

 

Also for both these options, is an immigration lawyer required?  I did all the K-1 visa process for my wife and step daughter 13 years ago until Naturalization, ourselves with the help of this forum.  If immigration lawyer is recommended for the work visa, i will advise of the additional cost, but just want to know if we can do ourselves, since i am somewhat familiar with process, applications..etc.  and access to this forum.

[Family 3,536]

44 minutes ago, Omar G. said:

He still wants to come and work legally here temporarily.  He has a successful business that he will not be closing in Colombia, but he wants the experience of coming to US and working temporarily, even without his family because it will be temporary.  Are there any options, that are not the EB-3?

 

Thanks FAMILY, this sounds like a great option.  I read just now processing times are 1-3 years.  i will continue to research.

 

My recommendation is not suitable to him if all he wants is a short/ temporary trial…run. 
 

[Omar G. 4]

58 minutes ago, Family said:

My recommendation is not suitable to him if all he wants is a short/ temporary trial…run. 
 

Thanks, but I don't know exactly what he wants.  I told him i would research a bit to see what options there are available and get back to him.  Once he knows the options, processing times...etc.  he can make the best decision for him and his family. whether that is traveling alone temporarily or with family EB-3.   I appreciate the feedback.  

[Boiler 43,628]

Please let us know which route you decide to take and how it works out.

[SalishSea 16,828]

3 hours ago, Omar G. said:

Also for both these options, is an immigration lawyer required?  I did all the K-1 visa process for my wife and step daughter 13 years ago until Naturalization, ourselves with the help of this forum.  If immigration lawyer is recommended for the work visa, i will advise of the additional cost, but just want to know if we can do ourselves, since i am somewhat familiar with process, applications..etc.  and access to this forum.

I believe the employer's attorney is who he would go through.  It isn't DIY.

[SteveInBostonI130 3,328]

4 hours ago, Omar G. said:

Also for both these options, is an immigration lawyer required?  I did all the K-1 visa process for my wife and step daughter 13 years ago until Naturalization, ourselves with the help of this forum.  If immigration lawyer is recommended for the work visa, i will advise of the additional cost, but just want to know if we can do ourselves, since i am somewhat familiar with process, applications..etc.  and access to this forum.

 

Employment visas are not DIY.  There are no resources on this forum that can help, other than pointing to State Dept or USCIS websites.  Or perhaps feedback on lawyers?

 

I looked into it a while back for a business idea, and I got lost at the labor certifications part.  And that was relatively straightforward, information-wise.  At least, at the start it was.

[Palawan 130]

14 hours ago, Omar G. said:

Hi all, I am trying to help my wife's brother in law.  He would like to have the opportunity to come to the united states and work here.  He only wants to come the right way legally.  He is 35 years old, has an established restaurant in Colombia right now but has lots of construction skills as he has built many farm houses and planting as a farmer.  His cousin's husband is the owner a swimming pool business and they build new pools in Florida.  He would like to petition for him to come and work for him through a work visa and have him work for his company.  Is there any way and for which visa he can apply for?  

 

My wife's brother in law does not have a college degree or a 'specialized' skill set with accompanying portfolio.  He is a hard worker that would like the opportunity to come to the united states with a work visa THEN potentially (through proper procedure) apply to bring his wife and daughters if possible by tourist visa and changing status.  He is adamant that he does not want to come with a tourist visa with his family and stay illegally.  He has an established restaurant in Colombia and property that he does not plan to abandon or sell.  Is there any possible route or visa type for applying for a work visa though his cousin's husbands pool business?  I am thinking since he does not have a 'specialized or extraordinary' skill, maybe the lack or labor market is the angle for approval?  

 

I believe H-2A - not a preferred option as he does not plan to come and work in agiculture worker.  He wants to come and be close with family which is why the pool business they can petition him because they would love to have him work with him.

 

H1B - Specialty Occupation - would this be considered specialty with no degree or specialized portfolio?

 

H2B - Temporary Non-agricultural worker - this is the only option i can think would be the visa to apply for.  Looking for advice.  

 

O1 Visa - extraordinary abilities?  

 

Any suggestions or tips would be greatly appreciated.   

I don't see any legal ways to get a work visa for swimming pool/trades.  I thought the first requirements is an employer had to show they there isn't enough US workers or they can't find them.

 

In USA is simple to start a business or LLC, so if that loophole was available I am sure many would of already explored or exploited it to bring family members to the USA.