Can you sponsor an alien who has a tourist visa so he can become a permanent resident and what are the conditions of sponsoring?

Answer 1

I run a small business and recently have been investigating this issue. Yes, you can sponsor an alien with a tourist visa to either become a permanent resident or to be able to work here for up to three years (you have to pick an option).

I got all this information from the Department of Labor. Unfortunately, when I researched this I was doing so on my phone in the car, so I have to re-research the specifics. But here's how it works.

The whole process can take 2-3 months, but can be rushed in about a month for an extra $1000.

STEP ONE Contact the Department of Labor. The only way this will work is if they determine that there are no other qualified American workers to fill the job. I'm not sure how they determine this, but it is step one in the process. There is a form you have to fill out and submit, which takes about 2-3 weeks to complete and costs nothing. In my case, we are a disaster restoration company, so getting workers to clean up the mess in Texas is slim pickin's. Once approved, you proceed to step two.

STEP TWO IF step one is approved, then you have two more forms to complete through the Department of Immigration. Each form submission has a fee, but both total around $350. I'm not sure what they're looking for, but I'm sure part of it is making sure the potential employee is legally here.

The way I did this with my prospect is that I told him if he wanted to pursue the option that he could front the money for the fees. If the process is successful, I will reimburse him. If not, he absorbs the risk.

Bryan

AnswerIt is easier to qualify if the prospect employee has a college degree on a field (mayor, and also known as career in most countries), that is on demand of workers. Having said that, it is harder to get a sponsor an uneducated, unskilled immigrant. AnswerI meant, it is much, much harder to sponsor (to get him/her a visa) an uneducated, unskilled immigrant. AnswerThis is actually a lot more complicated that it may at first sound from what's above, and there really needs to be an immigration lawyer involved. For a worker without at least a Bachelor's-level degree, there is virtually no way to legally hire the person unless they have some other way to become legal here - a family-sonsored case or an Asylum case, for instance. But let's back up & start at the beginning.

An employer can sponsor for a nonimmigrant [temporary] visa, or permanent residence, or both. Normal path is for an employer to first sponsor for a nonimmigrant visa that permits the intent to eventually stay permanently (H-1B specialty occupation worker or L-1 intracompany transferee worker, for instance). Once here and working on this visa, the employer can sponsor for permanent residence - this also gives the employer and employee a chance to test-drive each other.

But there are many nonimmigrant visas which permit employment: besides the H-1B and L-1, there are the TN (Canadians and Mexicans only), E-1/E-2 Treater Trader/Investor, E-3 (like the H-1B but for Australians only), H-2A/H-2B Agricultural and seasonal workers, O-1 Extraordinary Ability, P-1/P-2/P-3 for various performing and athletic situations, etc. Different visas are appropriate for different work situations, different nationalities, and different future plans with regard to permanent residence. Only the H-1B and sometimes the TN involve the Department of Labor at all. The rest all go straight to U.S. Citizenship and Immigration Services.

H-1Bs, the main visas for professional (bachelor's degree required) employment, carry a lot of baggage - they are numerically limited and as of this writing you need to apply at a certain time of year to get one for the following year. They also carry strict employer obligations - nothing which can't be handled, but the employer should know what they are promising going into this.