New York, NY asked in Immigration Law for New York

Q: Is there a way of bringing a person from India to the US to do a niche job that it’s impossible to find here.

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2 Lawyer Answers

A: Perhaps on a temporary work visa. See https://www.shusterman.com/temporary-visa/

The wait for an employment-based green card for Indians is off the map. Please see https://www.shusterman.com/visa-bulletin-state-department/

James L. Arrasmith
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Answered

A: Bringing a person from India to the U.S. for a niche job that is difficult to find locally can be challenging, but there are some immigration options that might be applicable in such cases. Here are a few possibilities:

H-1B Visa: The H-1B visa is designed for specialty occupations that require specialized knowledge and a minimum of a bachelor's degree or its equivalent. To sponsor an individual for an H-1B visa, the employer must demonstrate that the job qualifies as a specialty occupation and that the individual possesses the required qualifications.

O-1 Visa: The O-1 visa is for individuals with extraordinary ability in their field, including the arts, sciences, athletics, education, or business. If the person you wish to bring possesses exceptional skills and accomplishments in their niche field, they may be eligible for an O-1 visa.

EB-2 or EB-3 Employment-Based Green Card: If the job truly falls under a "niche" category and the individual has a job offer from a U.S. employer, they may be eligible for an employment-based green card through the EB-2 or EB-3 category. These categories require a labor certification process and a demonstrated lack of available qualified workers in the U.S.

TN Visa (for Canadian or Mexican citizens): If the person is a citizen of Canada or Mexico, they may be eligible for a TN visa if the job falls under a listed professional occupation in the North American Free Trade Agreement (NAFTA).

It's important to note that the specific requirements, processes, and availability of visas may vary, and each case is unique. It is advisable to consult with an immigration attorney who can evaluate the individual's qualifications, job requirements, and guide you through the appropriate immigration options based on your specific circumstances.

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