Legal Question in Immigration Law in New Jersey

How can I start a business with a friend who is Australian but wants to move to the US to run the company with me? I've already obtained my NJ business license, tax ID # and registered LLC business name etc, however the joint venture (a mobile spray tanning service) will be only myself (as the owner) and my friend, whom I'd list as an employee. Am I able to sponsor her? Not sure if the H1B Visa is appropriate. Eventually she'd like to live in the USA permanently. Any help is appreciated!!!


Asked on 7/24/10, 2:04 pm

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

H-1B would not be appropriate for an employee of a tanning salon. If she is an investor investing significant amount of capital, then E-2 might be an option (after careful consideration and preparation).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. To schedule a consultation or for more information, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 7/24/10, 6:19 pm
Charles Medina Law Office of Charles Medina

You might consider E1, E2 or L1 visa options. We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 7/24/10, 10:28 pm
Hendrik Pretorius Pretorius Law Firm - Immigration Lawyer

Good Day,

More information would be required to determine if the H-1B is applicable. The key to the H-1B is that the employee be a "professional worker" employed to work in a "professional position." This determination would be based on finding out the employees educational and working background and then making sure the company can pay the employee a particular prevailing wage. There are also other considerations but the H-1B along with the L-1 and E-2 should be considered.

I would be pleased to discuss the options regarding your particular case in more detail.

Please note that this answer is not intended to be taken as legal advice and that no attorney-client agreement is established through this answer.

Regards,

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Answered on 7/26/10, 2:37 pm


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