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Employment Sponsor Q's & Getting a Green Card Permanent Residency

Discussion in 'Green Card, Residency, Naturalization' started by ShadrachBlue, Oct 14, 2007.

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  1. ShadrachBlue

    ShadrachBlue Law Topic Starter New Member

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    Hello all -- please bare with me, this will most likely be a long post :eek:

    A few years ago I met a girl from Finland. We have visited a few times (under 90 days using the Visa Waiver Program) but have remained close through internet/phone/etc. I myself am from the US (a very horse-oriented area of Florida) and have been in the process of starting two businesses. One, a field service business serving banks, mortgage and insurance companies, and the other, an equine training business, buying young horses, training, and then selling them as showjumpers. I am now at a point where my field service business is ready to take off, as I've been receiving new accounts with companies, but the jobs are beginning to spread throughout Florida & I cannot handle the entire area myself. So I've been speaking with my friend about her coming to the States to live & be a part of the businesses.

    A bit more about her, she is 24 and as I said, from Finland. To summarize, she came from an extremely bad family situation (fundamentalist religion/child abuse, then kicked out on her own when she attempted to speak out) so she has been on her own from 16. She is receiving government aid right now which was set up by a brother (something which concerns me a bit when it comes to seeking residency in the US). It is somewhere in the range of 800-1000 euros per month, or $1100-$1400/month, and from what she has been told, it is a retirement pension that will pay for the rest of her life, and should she move to the US it will still remain permanent. However, when it comes to employment, she was told that she should not work, but if she feels she must, she can only make a minimal amount of money while receiving the pension, something like what a part time job would pay (I believe she stated 400 euros is the limit but I could be wrong).

    So I am unsure as to the rules & regulations of immigration, and if this hinders her chances at a green card at all. I know they are seeking people who will not become reliant on the gov't and I fear that her already being reliant on the Finnish gov't will put an "X" on her file, so to speak. But on to the more complex details...

    My initial plan was to include her in my field service business as a partner and 50% shareholder, however I was told that wouldn't work -- that she would need to have a majority interest, and that her investment in the business had to be $1 million+ and we'd need to hire at least 10 workers. My business is growing, but not that fast, so that option is out. My next idea was to hire her as a groom/caretaker for my horses. She has extensive knowledge of horses & their care, and I have plenty of jobs for her to do, relating to both businesses. But another question arose from that idea. In the equestrian world, we have positions we offer called "working student" positions, where the person cares for & rides the horses in exchange for training & free room/board. She would be coming to live with me, as I have a large guest house available to her, and with the pension she's already receiving, there's more than enough for her to live off of since we'd be splitting the basic costs of living.

    Is it possible to hire someone under those pretenses, or must a salary be paid? My main issue is appeasing both parties (Finland and the US). I don't want to cause trouble with her pension, but I also don't want the US denying her a green card because she doesn't make enough money.

    Could someone please tell me how to handle this? Can I sponsor her for employment under the conditions of a working student (free room/board)? Or if I have to pay a salary, how much should I offer to appease both countries? ANY help that can be offered will be GREATLY appreciated. She is coming to the States in November for the holidays, and then we are returning to Finland in February to get her visa, then coming back to the US and would like to begin the filing process immediately upon our return. So if anyone has any suggestions as to what course of action to take, I'd be very thankful.

    Thank you all for reading, and again I apologize for the length of this post!
     
  2. seniorjudge

    seniorjudge Super Moderator

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    Have you checked this out with the immigration bureaucrats?
     
  3. ShadrachBlue

    ShadrachBlue Law Topic Starter New Member

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    I have not checked this out with anybody yet. I've done a little digging around online to see what the general rules are for sponsoring someone for employment, but there are so many details specific to our case that I don't know if anything rules out her chances for a green card or for my employing her or whatnot. I figured I'd give the law advice forums a shot over the weekend before placing a call to an attorney in hopes (perhaps foolish ones) that I might be able to navigate my way through the process on my own.
     
  4. mafioso

    mafioso New Member

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    To file for a work or business visa for a foreign worker, you would have to show that you did not find someone here or why she is key in the success of the business……. Why her,,,,,,,? You mentioned her being a share holder or owning part of the business………there are so many types of work visas and conditions she and your companies must meet for eligibility. Her educational background or professional training or certification would be required in most cases for her petition to be accepted. Living on welfare would be a drag but it can be overcome in going for certain visa types. There is so much in immigration work or business visas that I can’t make it short. It is handled on a case by case basis. Your outcome could differ from another person’s own with the same facts. Even when you have met all the conditions, approval from the US consulate is not guaranteed especially because she has been on welfare, and no formal or profession education (just guessing based on your post. If she has, the better). Your request is possible but you need and immigration lawyer specialized in business and work visas. A lot more private documents, business information are required to even access what visas she could be eligible for, or if your company is eligible. It is not a cut dry answer to be handled in such a forum. Just contact an immigration lawyer for a free initial consultation to evaluate your options.
     
  5. ShadrachBlue

    ShadrachBlue Law Topic Starter New Member

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    Thank you for your reply, mafioso. I will definitely be speaking with an immigration attorney regarding this. I was just trying to get some questions answered over the weekend, and I do appreciate your reply. :)
     
  6. mafioso

    mafioso New Member

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    Anytime...........we are ready to help!
     

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