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Business Immigration Problem Solved

Business Immigration Problem Solved

1. G.W. Corp is looking to hire a Tiger Trainer for their Zoo in Wynnewood, Oklahoma. They have identified a candidate, Joe Exotic, who is on an H-1B with his current employer, The Institute for Greatly Endangered and Rare Species (T.I.G.E.R.S.). Joe has a U.S. Bachelor’s degree in Veterinary Technology. G.W. Corp usually hires someone with a degree, but if they find great talent and the right personality without a degree, they will accept experience instead. Most other companies in the same industry follow the same practice, but there are some smaller facilities that do not require any education. Using 8 CFR § 214.2(h)(iii)(A) and any relevant case law and reputable government resources, discuss what the requirements are for showing a position is a Specialty Occupation for H-1B purposes. Please outline how you would evidence the requirements for an H-1B petition to be approved for G.W Corp’s Tiger Trainer position.blank2. T.I.G.E.R.S. hired Joe as a student after he finished his Veterinary Technology degree. They won the H-1B lottery for him and switched him from an F-1 to an H-1B. Joe’s status changed to H-1B on October 1, 2018. T.I.G.E.R.S. has not sponsored Joe for a green card, as they have identified some concerns and were not sure if they wanted Joe to remain with them long term.

3. Discuss how long Joe is currently eligible to remain in H-1B status. Discuss what steps G.W. Corp will

need to take to sponsor Joe for a green card. Specifically focus on the green card process required for

EB-2 or EB-3 and discuss the steps to obtain the necessary approvals. Discuss the necessary steps for Joe

to continue working in the US beyond his limit in H-1B status.

4. Joe was born in India, but has a beautiful fiancé who was born in Russia. Discuss what the final step in

the green card will look like for Joe. Specifically focus on how long will it take for him to file his green

card application.

5. Joe received his green card but the owners have decided to retire and sell G.W. Corp. Joe’s long lost cousin twicemremoved, Mario, wants to buy the business but he also wants to get his green card. Mario is from Cuba and has significant money to use to buy G.W. Corp. There are a lot of rumors about where Mario gets his money, but Mario promises it was all obtained through legal means. He says he inherited most of the money from his late father’s exotic animal business and the rumors relating to any drug trade are false. He recently bred and raised a rare tiger that he is planning to sell for $1,000,000. The business is based in Wynnewood, Oklahoma a small town with a population of just over 2,000 people. Based on the business plan, the initial costs for the business is roughly $500,000 and operational costs will be about $400,000 for the next 2 – 3 years. Mario will plan to have a day shift of five people to operate the tourist portion of the business and a night shift of five people to care for the animals. Mario loves to play with the animals but is not very interested in the operational matters and only wants to cuddle tiger kittens. Mario is concerned about losing his investment and him and Joe have an agreement that if business does not work out, Joe will repay Mario over 10 years with no interest for any money he has lost. Discuss if Mario will be able to obtain his permanent residency through an EB-5 investment.blankNote- For question 2a., when you say ‘Discuss how long Joe is currently eligible to remain in H-1B status’, are you referring to the duration of his current I-797, or the total amount of time he can spend in H-status?  The amount of time is eligible to spend in H status. 

Also, when you ask us to discuss the EB-2/EB-3 green card process, are you specifically referring to PERM-based green cards, or would that potentially include Schedule A processing as well? Specifically PERM. 

For question 3, should we assume

Mario is currently residing in Cuba? Yes  

And do we need to know if he has any Communist Party affiliations?  No you do not. 

Also, if he is in Cuba, should we mention consular processing complications since Cubans have to go to the U.S. Embassy in Guyana for IV applications/interviews? No need to mention that. The focus should be on the EB-5 elements of the question and not the actual green card process itself. 

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