Immigration Issues/H-1

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Question
To clarify:
Want to hire H-1B worker, employed w/Co. A; but H-1B worker is asking me to pay Co. A as that is part of her agreement w/Co. A who has also filed for her to obtain Green Card. I am Co. B, can I just hire her and pay her directly or do I need to have her file for an EAD or H-1B transfer. Co. A is a medical co.; I am hiring her as a nanny.  

Answer
Deborah,
You cannot hire a Nanny on H-IB visa. H-1B visa is for professional occupations and Nanny is not a professional occupation. If Company A wishes to contract her out to you to perform duties associated with a Nanny, it is violating the US immigration laws. I would advise you not to hire this person, since they do not have the permission to work in the US as a Nanny.

Sincerely,
Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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