Can my Uncle send a visa for me to work at US ?

[kareem50]

Hello ,
I've a question and i really need an answer
my uncle is a US citizen ,and he was working for the government as a tax auditor for a long time
and now he is at pension , but he is working privately in his office as an auditor .

can he sends me a visa for work , to work with him in his office
as my studies also was about accounting and auditing

and if it could what the steps ?

notice that i've never visited US ,and my nationality is Egyptian and i live at Egypt

waiting you :

[Coventrated]

Theoretically yes

Practically it would be very very difficult

Something your Uncle would need to speak to his Immigration Lawyer about.

[aleful]

he would need to prove that there isn't anyone else that can do your job. and he would have to prove that he makes enough to hire foreign workers. and if they find out that you are related, worse.

very unlikely that he could not fine an employee in the US if he really needed one. and I also believe that he would have to have his own company, since he would have to employ some one full time, pay salary, benefits and all that.

[cupcake]

Your uncle should consider consulting with an immigration attorney who deals with employment based immigration before he decides anything, but I found some very general information that your uncle would have to do to bring you here on an H1B visa. This might help give you both and idea of things your uncle may need to do:

How should an employer petition for H-1B visa?

The Forms to be filed for an H1B petition are:

• Form ETA-9035, Labor Condition Attestation, with the Regional Department of Labor office. Through this application your employer assures the DOL that he/she will provide you with fair salary and equal benefits which are provided to a U.S. citizen. It also states that it was not able to find any U.S. citizen who was qualified for the position
• Form I-129, Petition for Nonimmigrant Worker, with H Supplement, and supporting documentation including the approved LCA should be filed with the USCIS Regional Service Center having jurisdiction over the city of intended employment. When it is approved, the employer or agent is sent a notice or approval Form I-797 and a copy of it is forwarded to the American Consulate

http://faq.visapro.com/H1B-Visa-FAQ5.asp

[Imp]

he would need to prove that there isn't anyone else that can do your job. and he would have to prove that he makes enough to hire foreign workers. and if they find out that you are related, worse.

This is partially true.

There are two ways to come- temporarily as a NON-immigrant and permanently as an immigrant. Neither option is easy, but in many cases, the non-immigrant route is faster.

The H-1B will bring you to the US for a period of 3 years. You may renew it once, so you'd stay for a total of 6 years. After that, assuming that you did not have any other immigration options besides the H-1B, you'd need to return to your country for at least 1 year before you applied for another H-1B. I do not believe that the H-1B requires you to disclose any familial relationship and although your uncle would have to show that he has a real business and have the finances to pay you an average US wage, he would not need to do excessive recruiting of US workers. That's good because, especially right now, US workers are very easy to find-mostly for skilled and well-paid jobs like accounting. You'd need to have either a Bachelor's Degree or enough experience to be the "equivalent" of a Bachelor's degree- 3 years of professional full time experience (while you were NOT in school) can equal one year of education. for these purposes, a 3-year Bachelor's degree is okay.

If you wanted to immigrate permanently, your uncle would need to petition you through a process called PERM. This would take many,many years- if you had a bachelor's degree OR two years of professional experience (here your Bachelor's degree would need to be a 4 years degree) and filed today, you'd have a backlog of 7 to 12 years. before you could file for PERM, your uncle would need to go through a lengthy process to prove that there were no available US workers (not that you were somehow 'better' but that there were no qualified US workers available), and that he was able to pay you not just this year, but for every year from now until the visa was issued. You would 100% have to disclose that you were related - you can't hide it and hope they don't find out- and while that wouldn't really delay the process, it would add heightened scrutiny to your application.

If your uncle owned a company in Egypt that had an office in the US, there would be other options. You could also consider a student visa- that wouldn't allow you to work (you can, in some cases, work for 1 year following your graduation on OPT- Optional professional training) but if you earned a Master's degree, your uncle could petition you thru PERM and if it was accepted, the visa would be issued right away, without the 7-12 year wait.

Either way, you need to speak with an attorney. H-1Bs- and especially PERM should NEVER be attempted without an expert- it is NOT as simple as family based petitions.

Good luck.

[Coventrated]

I agree with the above except familial connection would be an issue for an H1b.