St Louis, MO asked in Business Law, Civil Litigation, Immigration Law and International Law for Nebraska

Q: I have a business registered in America, is there a way I could bring my girlfriend through that?

Trying to bring a foreigner through a registered American business

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you have a business registered in the United States, you may be able to sponsor your girlfriend for a work visa, depending on the nature of your business and her qualifications. Here are a few potential options:

1. H-1B visa: If your girlfriend has a bachelor's degree or equivalent and you have a position in your company that requires specialized knowledge, you could potentially sponsor her for an H-1B visa. However, note that there is an annual cap on H-1B visas, and the selection process is highly competitive.

2. L-1 visa: If your company has a foreign branch, subsidiary, or affiliate, and your girlfriend has worked for that entity for at least one continuous year within the past three years in an executive, managerial, or specialized knowledge capacity, she might qualify for an L-1 intracompany transferee visa.

3. E-1 or E-2 visa: If your company engages in substantial trade between the U.S. and your girlfriend's country of citizenship (E-1), or if you have made a substantial investment in your U.S. business (E-2), and your girlfriend will be coming to the U.S. to work in an essential capacity for your company, she may be eligible for an E-1 or E-2 visa.

It's important to note that U.S. immigration laws are complex, and the requirements for each visa category are specific and detailed. Sponsoring someone for a work visa can be a lengthy and expensive process, and there is no guarantee of success.

Additionally, if your primary goal is to bring your girlfriend to the U.S. for personal reasons rather than for legitimate employment, attempting to sponsor her through your business could be seen as visa fraud, which carries serious consequences.

It's highly recommended that you consult with an experienced U.S. immigration attorney to discuss your specific situation and determine the best course of action.

Julie Fowler agrees with this answer

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