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Green Card and H1B Sponsorship for Non Profit Foundation

Los Angeles, CA |

What paperwork would a non profit foundation need to produce in order to sponsor a european foreign alien currently on valid F1 Visa?

What are the salary requirements?

And what about the employment offer letter? Does the foundation needs to guarantee a minimum salary for a certain amount of time or there is some flexibility?

Will the salary need to be based on degree level/experience too, regardless the non-profit foundation budget for it?

Thank you

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Attorney answers 4

Posted

This question requires a complete analysis of the job opening and your qualifications. Best to work with an immigration lawyer.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

Asker

Posted

Before even offering any job I was just trying to study the requirements that the foundation would need to fulfill. The USCIS website doesn't really have the requirements lined out aside from the fact that the LCA is not required but then I don't see the requirements to be classified as a non profit.

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

Where did you research that LCA is not required for a non profit?

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

LCA is not required for H-1B2. LCA is required for H-1B.

Asker

Posted

Oh I am sorry so I guess that's a different visa.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Indeed

Posted

They must provide all the same documents as a norma H.

They should start with hiring a lawyer.

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. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

Thanks. So that's not easier at all for non profit...

F. J. Capriotti III

F. J. Capriotti III

Posted

No, infact it is a bit more difficult ... proof of non-profit status may be required. Plus, many small non-profits 'underpay' their workers and may not be happy with the 'prevailing wage' that they'll be required to pay. And, to top it off, they are required to pay all the expenses and can't ask the employee to reimburse them. Consulting with a lawyer, many of us use Skype, would be a wise investment.

Posted

The none profit foundation should hire an immigration attorney to facilitate the project.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Posted

You appear to be concerned about your lawful stay in the United States and wish to remain in the country legally. If that is in fact correct, delegate any of your issues to the counsel of record, as legally appropriate in this situation.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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