Visa Advice

[OldandTired]

California, but I'm sure Federal Law applies here.

I want to start a placement agency that assists people from other countries in finding employment here in the U.S. I will of course be wanting to hire people from other countries myself, and need to know what I will be required to do, to obtain visas for the prospective employees from DHS - Immigration.

This placement agency will allow prospective employers to post current employment positions on the company website with information regarding their desire to sponsor the prospective employee with the necessary visa.

If you need more information, please let me know. You can also contact me directly through my email address. Send me a message and I'll get it to you.

 

[candg918]

Do you also plan to place US citizens in jobs?

 

[OldandTired]

nope. Americans already know about the resources that are available to them, and even though I am an American, I would never employ one, because the majority are lazy, looking for the easy way out, or the easy way into Court to win the Lawsuit Lottery.

I'm not opening a company to get sued. I'm opening it to help those people that are surely far more appreciative than Americans. I'm not un-American. I love our country. I just can't stand society and the people in general.

 

[evcalyptos]

The last line of your siggy spells out the answer; you should consult or retain an immigration specialist to help you get started at minimum.
Ideally someone with experience with the country you'll be recruiting from.

 

[OldandTired]

Thanks. I figured that I would need at least the minimum of an Immigration Attorney, just didn't know if there were some things I could take care of on my own.

Take care.

 

[candg918]

Get one who can also handle EEOC complaints since you admit that you intend to discriminate on the basis of national origin.

 

[Proserpina]

Get one who can also handle EEOC complaints since you admit that you intend to discriminate on the basis of national origin.

Absofreakinlutely.

OP - seriously, you are going to encounter myriad problems with this idea. How would you ascertain the immigrant status of an applicant without coming dangerously close to a discrimination suit?

Part of the problem is that (all things being equal) if there are two applicants with identical backgrounds, the company is somewhat obliged to hire the American; the non-citizen cannot work without a visa and because the American is equally qualified there is no need to sponsor anyone else.

Immigrant needs visa to enter US and obtain work - but he can't get the visa without a company willing to sponsor him.

(I actually have a great source where this is explained fully - but it'll have to wait a little while)

 

[OldandTired]

Get one who can also handle EEOC complaints since you admit that you intend to discriminate on the basis of national origin.

I don't recall mentioning that I would discriminate. If any Americans are aware of the website address where the jobs would be posted and they apply and are qualified, then by all-means, they would be pointed in the direction of the jobs. There will be no need for visa or immigration services for them, so therefore, the service from the company would not be available to them.

This company will deal with issues that are only encountered by people wanting to legally immigrate to the U.S. for employment. I'm certain that even though the prospective employers would be placing notification on my company's website of available employment with the sponsorship, they would also be placing the same notifications on sites such as Monster, etc.

It's not a matter of discrimination, it's a matter of the Americans won't need the services of my company. Just because I have a personal preference not hire litigious or lazy people, that's all mine, and that's my right.

If the society of American people hadn't gotten so far out of hand to where no one cares a thing about others anymore, I wouldn't think the way I do.

 

[Proserpina]

I don't recall mentioning that I would discriminate. If any Americans are aware of the website address where the jobs would be posted and they apply and are qualified, then by all-means, they would be pointed in the direction of the jobs. There will be no need for visa or immigration services for them, so therefore, the service from the company would not be available to them.

This company will deal with issues that are only encountered by people wanting to legally immigrate to the U.S. for employment. I'm certain that even though the prospective employers would be placing notification on my company's website of available employment with the sponsorship, they would also be placing the same notifications on sites such as Monster, etc.

It's not a matter of discrimination, it's a matter of the Americans won't need the services of my company. Just because I have a personal preference not hire litigious or lazy people, that's all mine, and that's my right.

If the society of American people hadn't gotten so far out of hand to where no one cares a thing about others anymore, I wouldn't think the way I do.

When you answered "no" to the question of "will you also place US citizens in jobs?", it could easily be perceived (from most of the thread actually) that you were indeed intending to discriminate based upon nationality.

Here's the thing though. I am not sure I worded my previous response clearly enough.

BobAdvice is looking for an employee with certain qualifications. He posts on your site, and on an employment website.

You have a candidate in mind, who doesn't yet have approval to work in the US. He cannot get that approval until he actually receives an offer of employment. But BobAdvice also received an application from Joe American. The two candidates have identical backgrounds, education and qualifications. BobAdvice is virtually obliged to offer Joe the position.

In order for BobAdvice to offer the position to your client (and thus sponsor the work visa) it would have to prove that there are no appropriately qualified Americans available for the position and that BobAdvice did make a diligent effort in trying to fill the position before hiring your client (this can actually be much easier - and sometimes much harder - than most people might think)

In the example above, BobAdvice cannot meet this burden - Joe American does actually have all of the necessary skills therefore the company would have no reason to use your company in the first place.

Now obviously if there aren't any qualified American applicants, the above is completely moot and BobAdvice can absolutely sponsor a visa for, and hire, your client (there are some exceptions to this - if the client does have an "extraordinary ability" or unique skillset the Company can sponsor and hire the applicant right off the bat. Actors and entertainers often fall into this category)

Moving on, what exactly would your business be doing? (the answer to this might also change things considerably)

Do clients register with you first? (ie you keep a database of qualified potential employees - again your answer to this question might change things considerably)

( btw, yes, you have the right to hire anyone you please - but you cannot exclude or refuse to hire a person simply because of their nationality)

 

[OldandTired]

The only jobs that would be posted on my website would be those where there is an employer willing to sponsor a foreign national with an employment visa. Obviously I wouldn't want to have to pay for and maintain a database and storage the size of what something in comparison to Monster would take up, to post all available jobs, including those where there is no sponsorship available.

The foreign nationals would register as prospective employees on my website. Yes I will maintain a database there, including all pertinent educational and clearance documentation that would even qualify them for the job, and entry into the U.S.

Upon arriving to the U.S., we, being my wife and/or I, would retrieve them from the airport and bring them here. We will be providing housing and transportation for them during the short stay they would have with us, until such time they would be able to venture out on their own. We will provide all basic necessities along with teaching them how to survive here in America.

These are all services that Americans don't need.

I had to edit this to add this piece here. I just found this while researching the H1B Visa:

"The Department of Labor states that the H-1B law doesn't require employers to seek local talent before recruiting abroad for their US job openings, except in limited circumstances when the employer is considered H-1B dependent."

 

[Proserpina]

Civil Rights Division Programs and Activities

OSC settled or otherwise resolved investigations in 2005 that involved unlawful terminations, refusals to hire, unfair documentary practices, and retaliation. Some matters involved individual instances of discrimination and others involved patterns or practices of discrimination. Specific allegations included unlawful citizen-only hiring policies; preferences for workers on H-1B professional or H-2A agricultural visas instead of U.S. citizens; refusals to employ naturalized citizens, aliens granted asylum, and lawful permanent residents because of discriminatory documentary practices; termination of documented immigrants because participating employers did not follow proper employment eligibility verification procedures; and improper termination of work-authorized aliens granted temporary protected status (from El Salvador, Honduras, Sudan, and other countries because of ongoing conflict, effects of an environmental disaster, or other such conditions)

Have a quick look at the whole page; there is another doc I'd like to show you but again it's out of my head at the moment. Very simply, you cannot legally refuse to hire someone based on his nationality and/or citizenship.

Interesting reading nonetheless.

 

[Proserpina]

The foreign nationals would register as prospective employees on my website. Yes I will maintain a database there, including all pertinent educational and clearance documentation that would even qualify them for the job, and entry into the U.S.

How would you discern this?

If Joe American applies to become part of your database, what will happen?

 

[OldandTired]

Then Joe American will be pointed in the direction of the prospective employer, but will not be eligible for the services offered by my company, as my company will cater only to those that are foreign nationals, and those that need to be picked up at the airport because they are arriving from another country, and because they will need housing upon arrival, and because they will need teaching on how to live in this country, all things that an American will not need. There will be only one other employee of this "company", and that will be my wife after she arrives from her country.

While I will be connecting foreign nationals with American employers and providing housing and transportation services during their stay, I will not be hiring more than 1, and that 1 will be my wife. If in the future I find a need for more employees, well that's a bridge I'll have to cross when I get there.

The job postings will be from employers other than myself. I'm just going to fit the foreign national to the job.

 

[fairisfair]

there are already plenty of agencies that assist people who require visa sponsorship to get jobs.

And if you knew the first thing about running an agency of this kind, you would realize that YOU, YOUR AGENCY would be the one sponsoring these people. UNLESS of course your plan is also to find employers who wish to sponsor these people directly. In which case, they would already be doing so, and in which case, they wouldn't need you.

Oh... and be prepared to pay for their trip back home in the event that they lose their job and you are unable to find them another one.

That will also be your legal responsibility.

You also need to realize that special levels of education are required for people to qualify for certain visas, and only certain types of jobs are eligible to be filled by persons holding visas.

There are many types, each giving different rights, for different lengths of time, and based on different criteria.

 

[OldandTired]

I am aware of the educational and qualifications requirements for prospective H1B Visa holders. I am also aware that the visa is valid for 3 years, extendable only 1 time, for a maximum of 6 years.

I am also aware of some of the legalities concerning the relationship between employer / employee, which is why my company will act only as a liaison between the 2. My company will be providing housing and transportation, basic necessities, things of the sort, to facilitate a smooth transition for the employee after they arrive.

And frankly, I don't a damn about how many other agencies there are out there that provide some services to foreign nationals. What I do care about is the safety and well-being of the foreign national during the first few months after their arrival.

I will not be responsible for anything other than getting them from the airport to here, and to work and back every day.

And if you knew the first thing about reading a post before replying with words that make you look like an idiot, you wouldn't have replied as you have. Some people don't know when to shut up before they remove all doubt I guess.