What visa for a cook

[todos 4]

Hi everybody! I will move to the US soon with a k1 visa and I will get married around november. After I will receive my EAD I am planning to open a restaurant and I would like if a friend of mine who is a cook could help me to start the business and get settled. I would need him only for a certain amount of time ( maybe 6 months). He has a job in italy so he would return there at the end of this period. Do you think there is a type of visa that could work for us? I was thinking about the H2B visa.

Thank you in advance

[Pinkrlion 2,722]

B1 - visitor's visa for business

http://travel.state.gov/content/dam/visas/BusinessVisa%20Purpose%20Listings%20March%202014%20flier.pdf

For H2B you have to prove there are no US workers able, willing, and qualified to do the work, you are looking at your friend as an employee.

Edited August 7, 2014 by Pinkrlion

[Boiler 45,525]

If we are talking about a Chef then there is the H1b. Or a J1? Depends.

Anyway something your friendly Immigration Lawyer will handle.

[Owen_London 65]

B1 - visitor's visa for business

No. Really, no.

B1 is a visa for business, not for living and working in the US for a few months. It can be used for business meetings or conferences or similar, not for working as a chef.

Edited August 7, 2014 by Owen_London

[Boiler 45,525]

Or a cook.

[umeranyth 0]

B1 - visitor's visa for business

Absolutely not. The B visa is not a work visa. If you're caught doing any activity in which you could potentially be remunerated for, you'll be in a lot of trouble.

I honestly can't think of any other option. H1B might not be ideal considering the quota, and the necessity of a bachelor's (or 12 years work experience). I'm not sure about a J1 either. Perhaps an O visa if your friend is really good? I've never heard of a chef being granted a temporary work visa (unless they were some famous chef).

Best of luck!

[Boiler 45,525]

I have met a few Chef's on L's.

[todos 4]

Yes I was looking at the categories included in the J1 visa program and I dont think there is one for a chef.

Thank you for your help!

[Pinkrlion 2,722]

There are friends that I know that have come over on B1 as consultants for restaurants to assist with start up and returned back to their home country. They are not the ones running the business. If he is looking for his friend to be an employee that is different. He did not state that he was paying his friend as an employee other than he is assisting him with start-up in the restaurant. If he is looking for his friend to remain in the US, then he will have a challenge as well. In addition, with the B1, they can come and go as often as needed, including training the staff.

Edited August 7, 2014 by Pinkrlion

[aaron2020 11,651]

There are friends that I know that have come over on B1 as consultants for restaurants to assist with start up and returned back to their home country. They are not the ones running the business. If he is looking for his friend to be an employee that is different. He did not state that he was paying his friend as an employee other than he is assisting him with start-up in the restaurant. If he is looking for his friend to remain in the US, then he will have a challenge as well. In addition, with the B1, they can come and go as often as needed, including training the staff.

Just because people don't get caught doesn't mean it's legal.

You may want to check on this site for a guy who was a computer consultant. He helped his friend set up his business and US CBP considered it work.

The b1/b2 visa is for business visitors and tourists. It allows people employed outside the US to come for business meetings, seminars, etc. it does allow a cook to come to the US and work for a US employer as either a paid or unpaid consultant.

You are simply wrong.

[Owen_London 65]

There are friends that I know that have come over on B1 as consultants for restaurants to assist with start up and returned back to their home country. They are not the ones running the business. If he is looking for his friend to be an employee that is different. He did not state that he was paying his friend as an employee other than he is assisting him with start-up in the restaurant. If he is looking for his friend to remain in the US, then he will have a challenge as well. In addition, with the B1, they can come and go as often as needed, including training the staff.

Look through the link that you posted. Can you see a way in which his friend would, firstly, only provide training or go to business meetings and not do any actual work, and secondly, not get paid at all by the business, for "maybe six months"? Because I can't.