Getting a US visa for an employee

Winky

I have a small software development company that has been operating for a little over a year as a sole proprietorship (we've also registered an LLC but haven't started doing business under it yet for tax reasons). My friend who works for me in Israel (who I currently treat as an independent contractor, but has part ownership of the LLC) wants to move to the US. Does anyone have any experience with the US visa system as an employer or can offer advice on going about this?

He'll likely be wanting to live in the US for upwards of a year at least, and probably become a permanent resident eventually. I've read a bit of material online, but I'm still a bit unclear. Can a nonimmigrant visa be upgraded to a green card? Should I be looking to get him an immigrant visa instead? Is a petition for a worker even likely to be accepted by a small sole proprietorship? Would I have an easier time getting it under the LLC? I'm aware that the nature of his job matters; he's an artist/the art director for our team.

DevoutlyApathetic

Not really the answer you're looking for but you'll probably want at least a consult with an immigration lawyer on this if not hire them outright to deal with the forms and process.

You sorta seem to be edging around an H1B visa which is a work visa for those who have special skills. You may make the argument for this but I know one step that is required is publicly posting the job posting and demonstrating a lack of qualified local applicants.

Him having part ownership of the business may well help but I really think you'd need a lawyer to tell you about that.

Winky

DevoutlyApathetic wrote: »

You sorta seem to be edging around an H1B visa which is a work visa for those who have special skills. You may make the argument for this but I know one step that is required is publicly posting the job posting and demonstrating a lack of qualified local applicants.

Heh, that seems like a silly requirement for an artist/creative type, seeing as you hire them for their unique aesthetic sense: it's not exactly like art directors are interchangeable :P.

But you're right; getting a consultation with an immigration lawyer is a very sensible plan.

tynic

Yep, for an AD job it should be easy to demonstrate unique qualifications. Depending on what country he's from, he might be eligible for an E3 visa, which are quicker and easier to obtain than the H. However if he wants to immigrate permanently at some stage then it's definitely worth consulting a lawyer, both to determine the best path for him to do so, and to determine your responsibilities as his employer and sponsor.

Veevee

Yeah, contacting an immigration lawyer should be the first step here. First of all, these are questions only a lawyer should be answering, and any lawyer that will give actual legal advise over the internet should be ignored. Second, messing this up could, as an extreme example, end with your friend being put on a list that prevents him from entering the US ever again.

The one thing I do know though? Expect a lot of paper work and bullshit over an incredibly long period of time.

Inquisitor77

Going to echo that you should get an immigration lawyer for this. This isn't something you can do via a Nolo Press form or asking around on the internet. Each case has particulars that will impact your liability, requirements, cost, and time. Plus, a good immigration lawyer will have working relationships with folks in the right government offices who can really streamline the process for you in terms of getting the right rubber stamps in a timely fashion.