Does this count as a job offer? H Visa

Moriaiwe · Apr 14, 2007

A friend of mine works in a convenience store in the US, and there is an opening for the third shift. The store has been trying ang trying to get some one to take the third shift, but everyone keeps quitting on them for nearly two months now. My friend talked to her manager, and she said if I had a driver's license and a SSN, she'd hire me on.

Does this count as something that I could get Labor Certification for? They've tried for two months now to get someone, and I am more than willing to take the shift. What do I need to do? Could I get a US immigration attorney to help her get the certification?

muggsyj · Apr 14, 2007

This is not legal Advice!

This should help you in the right direction.

Employers may sometimes need to hire foreign labor when there is a shortage of available United States (U.S.) workers to fill certain jobs.
Under certain conditions, restrictions and/or limitations, U.S. immigration law may allow a U.S. employer to file a Form I-129, Petition for a Nonimmigrant Worker, with USCIS on behalf of a prospective foreign national employee.

Upon approval of the petition, the prospective employee may apply for admission to or
for a change nonimmigrant status while in the U.S. to temporarily perform services or labor or to receive training.
For most employment-based nonimmigrant visa categories, the employer starts the process by filing the Form I-129 with USCIS. The Form I-129 is available at
www.uscis.gov.

Please note that in some cases the employer must file a Labor Condition Application or Application for Alien Employment Certification, with the Department of Labor (DOL) and/or obtain certain consultation reports from labor organizations before filing a petition with USCIS.

Hope that helped you out

Take care

Mark.

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