Costa Rican wants to move to LA based off employment?

[TomandCatie 7]

Hi Guys,

I was in the IR/CR1 visa journey a few months ago, but since then I've met a really great girl, who lives in Costa Rica. She's been friends with my mom for a long while, but I just met her when she came to visit recently and we all went to Disneyland

Her and my mom work for the same company, based off the internet in the US. It's a game company for nook and kindle.

Anyway! Her boss has no problem in signing anything to help her come out based on a work/employment visa. She's worked for him by project 8 years ago and has been working as a contractor for 3-4 years now. She is a EXTREMELY talented artist/comic artist and wishes to expand her career in LA too.

I'm trying to help her out in this process, because I know how daunting it can be.

Does anyone have any ideas on which visa she would need to apply for and how long the process might take?

Thanks!

Edited January 8, 2014 by TomandCatie

[kzielu 1,153]

Tell her boss to hire an immigration lawyer - that's how it'd done if company is realy serious about bringing somebody on a work visa.

[Boiler 46,242]

That is how it is done.

[canadian_wife 1,829]

Company immigration lawyer does all the work.

Good luck

[NigeriaorBust 4,087]

Does the company have offices here ?

[naneel 0]

Hello, I'm Stephanie, the girl from Costa Rica. Let me explain further.

My direct boss has a company that is not entirely his, thus not being able to hire a lawyer for me (which are also probably very expensive) Good news is in 2.5 years from now, the company will be 100% his, and when that happens he will help me out with the GC process.

In the meantime, what can I do? Is it possible to get a non immigrant visa (still with my boss as a sponsor)? Or which visa might apply better for my case?

Thanks all of you for your advice

[Boiler 46,242]

He would not have to own the Company 100%, presumably he would need the agreement of the other owners.

Most people to initially come on non immigrant visa's rather that straight to GC. The Employer/ their Lawyer is the one that starts the process.

Lawyers are not cheap, that is true. Which visa would be appropriate depends on your circumstances.

[kzielu 1,153]

Hello, I'm Stephanie, the girl from Costa Rica. Let me explain further.

My direct boss has a company that is not entirely his, thus not being able to hire a lawyer for me (which are also probably very expensive) Good news is in 2.5 years from now, the company will be 100% his, and when that happens he will help me out with the GC process.

In the meantime, what can I do? Is it possible to get a non immigrant visa (still with my boss as a sponsor)? Or which visa might apply better for my case?

Thanks all of you for your advice

Work visas are non-immigrant visa. Now before getting too excited, check if your profession qualifies as specialty occupation for either work visa or employment based green card. Both have certain requirements.

[naneel 0]

Thanks kzielu, I read the work visas listed here and i think this one would be the correct one

L Intracompany Transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity;

Do you guys think this is the best option? I read also about EB categories, and then I got confused.

[Boiler 46,242]

It is not your call, but the L is one of the better options.

[kzielu 1,153]

Thanks kzielu, I read the work visas listed here and i think this one would be the correct one

L Intracompany Transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity;

Do you guys think this is the best option? I read also about EB categories, and then I got confused.

I happened to come to us on L-1B. So it's a great solution, but - still requires employer to petition you, meet than 1 year of work for the employer requirement and has two categories - managerial (L-1A) and specialized knowledge (L-1B). It is handled by lawyers, costs quite a bit, requires a formal I-129S petition and you actually get quite a bit of scrutiny at the embassy interview whether you're truly a specialized knowledge employee.

[naneel 0]

It is not your call, but the L is one of the better options.

What do you mean is not my call?

[Boiler 46,242]

What do you mean is not my call?

The Employer in conjunction with their Legal Advisers are the ones to decide what Visa they wish to apply for. It is not something within your control.

[canadian_wife 1,829]

What do you mean is not my call?

The employee typically won't apply for any sort of work visa. The employer must do all of that

I think you need to speak to your employer about what visas he is willing to pursue, as it can be very expensive on his end

good luck

[TomandCatie 7]

How much roughly is the L visa, from start to finish?

Also, what about the P visa? I'm assuming she would qualify due to her artistry. (comic art, graphic design, ect…)

Or even this...

EmploymentT First Preference (E1)

Priority Workers must have an approved Form I-140, Immigrant Petition for Alien Worker, normally filed by the employer in the US with the USCIS. They include:

• People of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants must have extensive documentation showing national or international acclaim and recognition in their field of expertise. They do not have to have a specific job offer, and can file their own petition with the USCIS.

She won a national award….

Edited January 10, 2014 by TomandCatie