Legal Question in Immigration Law in California
Japanese national wants to work in America
Hello, and thanks for your help. Here's my question. My domestic partner (a Japanese citizen) currently has a visa (student visa, I believe) which will expire in about 6 months. Finding a job has been very difficult. However, my friend, who has just started a film production company, is willing to hire my domestic partner (probably as a stylist) and provide visa sponsorship for the work visa. But, as the venture is quite new, no salary could be paid to my domestic partner. It would basically be an ''as needed'' type of job, I think. Is this acceptable, and how much would the sponsorship cost?
Thanks so much for your help.
3 Answers from Attorneys
Re: Japanese national wants to work in America
No.
Re: Japanese national wants to work in America
This would not work at all. I'm sorry to say that it already has three strikes against it. First, any conceivable type of work visa has to provide steady employment and wages. Second, a newly-formed film company is much too speculative regarding its finances and too flimsy regarding its ability to pay sufficient wages. Third, the occupation here, a (hair?) stylist, requires no bachelor's degree and so the job offer would not qualify for the most common type of temporary work visa, the H-1B.
There are less common types of temporary visas such as the E1/E2 visa (treaty trader/investor). But that requires an investment in a business venture of at least tens of thousands of dollars. Alternatively, your partner could get a permanent job offer by a company through labor certification but the process takes a few years to complete and in the meantime, your partner will be out-of-status unless they maintain their status with a student visa or another type of non-work visa.
Family petition by a very close relative who is a US citizen might be an option, or even marriage to a US citizen, when genuine.
Liem Doan, Esq.
Re: Japanese national wants to work in America
Let me know...if your partner has a bachelors degree or equivalent...then only he will qualify for H1 B. Please take a look at my site at www.lawyers.com/amyghosh
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