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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?

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Attorney answers 3

Posted

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.

Asker

Posted

Indiscriminate of intentions, I'm really just looking to answers to my first 2 questions. Can a foreign national be hired for merit alone? and could this situation help obtain a B1?

F. J. Capriotti III

F. J. Capriotti III

Posted

We can not answer these questions ... they aren't clearly stated. Will the foreign national be working in the foreign country? If so, this is not an immigration question. If the person is to be working in the US, we need to know what is the specific job, rate of pay and education/experience qualifications of the prospective employee? Consult with an immigration attorney, many of us use Skype for this service.

Asker

Posted

Yes the person would be working IN the foreign country (his home country) and be paid above prevailing wage as per standards in his home country but below prevailing wage for the same job in America.

F. J. Capriotti III

F. J. Capriotti III

Posted

If this person will be working in a foreign country, and they are a national of that country ...the prevailing wage in the US is irrelevant. The company must follow the wage law of the foreign country. This is not a US Immigration Law question.

Posted

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.

Posted

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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