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Can a US employer hire a foreign national in his home country?

New York, NY |

The US employer company has no operations in the foreign country, but needs to hire this employee for his merit. If this can be approved then,

1. What requirements must be satisfied to have this approved?

2. How much time does this take on an average to get approved?

3. Can this employment serve as grounds for the foreign employee to obtain a B-1 visa, if other "ties with home country" are not very strong? It should be understandable that the foreign employee will need to make short and frequent visits to his employer. Moreover, he being employed by an American company, implies that he wouldn't have another job in his home country.

4. Will the employer be able to file an H1-B for this employee in the future?

Attorney Answers 3


  1. This is a confusing and complicated fact pattern.

    It appears that you are trying to 'create' a vehicle for entry to the US.

    You should consider talking to an immigration attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.


  2. 1 & 2. Depends on the position.
    3. Maybe
    4. Depends on the position and the qualifications of the employee.

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. This is not a question that can be answered as easily as youve put it, into these four points... the answers are going to depend on a lot of factirs and be diffrent based on the situation...

    I would highly suggest speaking to an experienced immigration attorney and perhaps hiring them for a few hours to go through this situation with
    you

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