Hiring a foreigner to work in the US

[Sandman 3403]

This issue came up at my wife's office and I've been hearing her talk about it. I find it interesting and thought I'd see if anyone had any ideas.

My wife's employer wants to hire this guy, he's Canadian and has lived in Canada for the last 10 years or so. His wife is American and is from the state where the job is located, her family is here as well. This guy went to college in the US and worked here for a year after graduation, then went back to Canada after his student visa was up.

Is getting a sponsorship the only option for this guy? Or maybe one of those H1B visas? It seems like I always hear about loopholes when it comes to hiring foreigners but I can't think of anything.

[Sam Lin 3559]

If the guy is married to an American he has a faster track to a green card which would solve the issue easily. Question would be why hasn't he already done it?

[Js1 85339]

14 hours ago, Sandman said:

This issue came up at my wife's office and I've been hearing her talk about it. I find it interesting and thought I'd see if anyone had any ideas.

My wife's employer wants to hire this guy, he's Canadian and has lived in Canada for the last 10 years or so. His wife is American and is from the state where the job is located, her family is here as well. This guy went to college in the US and worked here for a year after graduation, then went back to Canada after his student visa was up.

Is getting a sponsorship the only option for this guy? Or maybe one of those H1B visas? It seems like I always hear about loopholes when it comes to hiring foreigners but I can't think of anything.

Canadian citizen? Depending on the job, he may qualify for a TN. Much faster than an H-1B, which can only be done once a year and is a lottery system. 

Best bet is to engage an immigration attorney. Especially with the added complication of his wife being a USC with family there; CBP could assume he plans to come in and then never leave. 

When in doubt, ask an immigration attorney. 

[Gil Bang 25960]

I normally drive through the end of the Home Depot parking lot and yell "I need one for 8 hours"

[Surly Bevo 24908]

“Canadian”?

[CooterBrown 18013]

Pretty sure you can’t just hire a visa holder without proving you couldn’t fill the position with an American.