What is the process to legally get a work visa for my cousin to come and work in the US with my company? He is from Manila and wants to come work with me, but I want the process to be completely legal. He obtained a tourist visa for the US, but he can only be here for 6 months and he cant legally. PLease provide me with any insight and resources. Thanks!
Immigration - 2 Answers
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1 :
Go to this sites for your questions or answers: http://www.uscis.gov/portal/site/uscis
2 :
Do you own the company -- own the stock? Did you come here on an investor visa? If you came here on an investor visa, you are required to hire Americans and forbidden to hire relatives. If you own a company but are not on an investor visa, you must fullfill a great many requirements to be able to hire a foreign worker. You have to register your company legally (incorporate, etc). You must submit an application to the Dept of Labor to get labor certification -- you must prove that there are no Americans qualified to perform the job, that it pays at least the prevailing wage in your area for that type of work, that you advertised the job vacancy for at least 6 months (and you need to keep every application that came in!). If you get labor certification, then you need to apply with immigration for a work visa of the appropriate class for this type of job, prove there is no American available to fill the job, and prove this person you are applying for is fully qualified to do the work. The person must hold the appropriate university degree(s), have at least two years experience, etc. and you must submit the documentation. It will take you a couple of years to do all this, and your cousin must remain in the Philippines while you do it all. The job market is so bad in the US right now that it will be extremely difficult for you to prove that there is no American qualified for the job. Your chances of getting the visa for him are poor unless he is exceptionally well educated and well qualified. Also note that work visas are temporary and you will need to repeat the process before you can renew it (if it is a renewable visa).
