Sponsering Mother-in-law as employee

[nt&rb 1]

Hi all,

 

I am currently located in New Zealand with my husband. We are going through the CR-1 process for him so we can relocate to the states. However my question lies more with immigrating my mother-in-law to the USA. While in NZ we have started a small family business which we would like to relocate to the US when we get there. She is a key part of it and helped basically develop part of it. We would like her to continue to work for us once we move to the states and she would like to relocate there as well. I know we can sponsor foreigners as an employee but will it make it difficult at all with it being a family member? We don't really want to wait until my husband gets citizenship in quite a few years to be able to bring her over as I feel she is a vital part of our business. 

 

Thanks so much for all your input!

[Boiler 45,549]

Sort of depends how small is small.

 

Would the NZ business continue after you move?

 

Would the job require a Degree and does she have that Degree?

[nt&rb 1]

Hi thanks for replying.

 

No it wouldn't really continue in New Zealand once it was fully moved to the states. She would continue to do her work from here until we are able to bring her to the states and then basically the only connection would be international shipping of products. It's still very small at the moment but we are hoping to expand more once in the states and we will have a bigger client base. 

It does not require a degree but more her creativity and production skills around our product.

 

thanks!

 

Nora

[Boiler 45,549]

EB3 is the only thing that comes to mind. Once you set up the US Operation you would need to appoint a Immigration Lawyer to start the process.

 

Might be other options that are not immediately apparent but a Lawyer will drill down into that.

[nt&rb 1]

ok great. thanks so much, that's what I was thinking, just wanted to make sure there wasn't anything obvious I was missing!

[CEE53147 559]

Employing a family member in your business is a tricky proposition. You need to consult an attorney with experience in the area for a proper evaluation of the circumstances and options.

 

This is seen as a way around the lines for family reunification visas.

 

 

[maryLu 58]

Yes you can, EB3 visa. You have to say on the labor certification that she is family, as long as you are upfront about it is not a problem. For EB3  visa  she will need a PERM  form labor department. It takes about 6 months and has multiple steps that need to be done correctly and in a certain order (prevailing wage, advertising the job, etc). Once the PERM is approved the company can file an I140 (which can be expedited for an increased fee) - the company must prove to USCIS that  it has the funds to pay the prevailing wage determined by labor department and that she has the skills/certifications/education to meet the job requirements as certified in the PERM. Once the I140 is approved case moves to NVC and then to the embassy. Is a complex process, but is doable.  The good news is that for most countries  employment based visas are current.   

Best wishes.

[Boiler 45,549]

I would just add please do come back and tell us how you get on.

[CEE53147 559]

For an employment GC, the position must be advertised and NOL USC or LPR is qualified for and wanting the position.  There are also education requirements. While it MAY be possible, it is not guaranteed. See an attorney!!!

[Boiler 45,549]

12 minutes ago, CEE53147 said:

For an employment GC, the position must be advertised and NOL USC or LPR is qualified for and wanting the position.  There are also education requirements. While it MAY be possible, it is not guaranteed. See an attorney!!!

My impression is that avertising is not much of an issue, I think here getting the business up and running would be the major delaying factor.

Edited April 4, 2018 by Boiler

[maryLu 58]

3 minutes ago, Boiler said:

My impression is that avertising is not much of an issue, I think here getting the business up and running would be the major delaying factor.

Yes! The company needs to submit tax returns that show that it can afford to pay the employee. 

[SusieQQQ 11,586]

I always wonder in a case like this what actually happens if a bunch of qualified USCs/LPRs do actually respond to the ad.

[WeGuyGal 1,052]

5 minutes ago, SusieQQQ said:

I always wonder in a case like this what actually happens if a bunch of qualified USCs/LPRs do actually respond to the ad.

Company lawyers find creative ways to reject em. Or come up with excuses the job is no longer available and wait before rewording the ad and re-advertising. 

[Boiler 45,549]

Anything like my local paper unlikely anybody would read it and anyway requirements can be worded so it would be very unlikely anybody else could qualify.

[nt&rb 1]

Thanks everyone for the replies! I will see how we get on and let you know. First step is of course getting my husband his CR-1 visa-- currently playing the waiting game!