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ryandsun

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By ryandsun in Work Visas

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ryandsun Apprentice

ryandsun   0

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted

Good morning VJers!!

Question: I work at an elite high school in California that is looking to hire a Chinese teacher. They interviewed several candidates and chose a woman from China who had previous work history in the US (working for universities). She doesn't have a current work visa, however. The school has asked me to help take care of securing her a visa, but I'm confused as to what type of visa we should apply for.

At first I thought that a J-1 visa seemed right... but I'm confused about the sponsor requirement. It seems like the school would have to go through a sponsor to receive a qualified candidate... that we couldn't choose the one we want, i.e. this woman we've kind of already chosen. Or could we apply to be our own sponsor? I'm imagining that that process takes quite some time though...

OR should we apply for an H-2B temporary non-agr. worker visa? The problem with this seems like 1.) I'm not sure that we could prove a US citizen couldn't perform this job and 2.) it says temporary, but we would like to keep her on for quite an extended period of time... potentially until she retires or quits or something like that.

What is the best option here? It's a teacher for a high school!

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canadian_wife Grand Master

canadian_wife   1,822

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Filed: Citizen (apr) Country: Canada
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Posted

The school board should have an attorney, why not consult them?

good luck

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RandyW Rising Star

RandyW   149

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted

She needs to ALREADY have a visa and work authorization BEFORE the school can hire her.

If the school CAN legally arrange for a work visa for her, then, yes, the legal department will know about it AND know what to do.

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ryandsun Apprentice

ryandsun   0

Posted
Filed: K-1 Visa Country: China
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Posted (edited)

well it's a private school, so there's no connection to a school board. and no she doesn't have a visa already, but that's why we're hoping to sponsor her for one (J-1 or H-2B) or something. Is that possible? THANKS!!

Edited by ryandsun
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Boiler Grand Master

Boiler   45,492

Posted
Filed: K-1 Visa Country: Wales
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Posted

All good questions for the School to discuss with their Immigration Lawyer, if they do not have one then they appoint one.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted

This is not a do-it-yourself situation.

If the school wants to hire her, then the school needs to retain an immigration lawyer.

This is how it's done for a work visa -!the employer gets the work visa. The employee is never responsible for figuring out how to get the work visa.

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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Posted

ok - smells like the school not have an immigration attorney attached on retainer.

Fix that firstly, then pose yer question to that attorney,

as

working visas are normally arranged by attornies attached to companies.

Sorry I not have other answers for you.

It's interesting she's here in the USA, able to sit for an interview. Many Chinese Women will get married to a USCitizen, instead of approaching a school in the manner you've described.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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