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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 108677
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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My 16 year old son would like to go to a US High School in

Customer Question

My 16 year old son would like to go to a US High School in his Senior Year so that he can attend a tennis academy on a part time basis with the aim of obtaining a collegiate tennis scholarship.
I am struggling through the various Visa options and would like to find out the best visa's to apply for, for him and myself. I would ideally like to work in the US whilst there for a year.
Submitted: 1 year ago.
Category: US Law
Expert:  Guillermo Senmartin replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. There are really only two options available, primarily the F-1 student visa, but will he be looking to attend a private school or a public school? The other option is a J-1, but that is more limited and may have a 2 year home residency requirement. So will the school be public or private?
Expert:  Guillermo Senmartin replied 1 year ago.
I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.
Will he be looking to attend a private school or a public school? In what location?
Customer: replied 1 year ago.
Hello Guillermo,
I would prefer public school if this is possible. I would like a part time school so that he can attend tennis performance academy in Atlanta GA. I would like to accompany him also at this critical time - it would be 12th grade. Hopefully he would achieve a scholarship to college thereafter.
Thank you for your help.
Sue
Expert:  Guillermo Senmartin replied 1 year ago.
Ok. Thank you for responding. I did the search for you. Here are the results: http://studyinthestates.dhs.gov/school-search?field_school_name_value=&field_location_city_value=Atlanta&field_location_state_value=47&field_education_level_value=2&field_f_1_school_value%5B1%5D=1 You should contact each of those schools and see what the costs are and if they have a good tennis program, etc. Unfortunately, just because they are public schools does not mean that they are free. U.S. taxpayer money pays for that. A foreign student has to pay the public school for education since the foreign student and parents are not U.S. taxpayers. If you can get that squared away, then yes, you can travel with your child to the U.S. on a B-2 visa and can renew it while the child is studying. Here is a good article: http://lawandborder.com/parents-may-accompany-f-1-student-to-the-u-s/ Unfortunately, you will not be able to work in the U.S. while you are on B-2 status. IF you have a high enough education (bachelor's degree or higher), you could try for an H-1B professional visa. You need to get a job offer. The job offer must be for a company that is offering a position that is related to your degree and experience. The position must normally require a bachelor's degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay you what is normally paid to someone in that position. Also, because they are used up for this year, you will need to apply on April 1, 2016 to start working on October 1, 2016 or later. The exception is if you apply for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap. Here is an official link to the H-1B: http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models If you do not have a bachelor's degree or equivalent, you could try for an H-2B worker visa. For an H-2B worker visa, it is expensive and difficult to get because the employer would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, the employer must receive all resumes and eliminate all candidates for valid reasons, not just because they have a job for you. This is to prove that you would not be taking a job away from a U.S. worker. Here is a link: http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers Also, because they are used up for this year, you will need to apply on April 1, 2016 to start working on October 1, 2016 or later. Here is a link in regards ***** ***** H-2B caphttp://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-h-2b-nonimmigrants And finally, you may able to find a J-1 program, but be careful, many of those require you to go home for 2 years at the end before you can change status or get Residency even if you marry a U.S. Citizen. Here is a link: http://j1visa.state.gov/programs/ My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Guillermo Senmartin and other US Law Specialists are ready to help you
Expert:  Guillermo Senmartin replied 1 year ago.
Thank you for the positive rating. If you would like to request me in the future, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!
Customer: replied 1 year ago.
Guillermo,
Do you know if it's possible to get B2 visa to enter & apply for H-1B visa when you are already in the US please?
Kind regards,
Sue Dunwoody
Expert:  Guillermo Senmartin replied 1 year ago.
Yes, it is possible, but two problems: 1) You have to prove non-immigrant intent to get the B. Sometimes this is difficult because the H-1B allows dual intent while the B only non-immigrant intent. 2) If you change status from B-2 to H-1B inside of the U.S., you can get the H-1B status, but not a H-1B visa. Visas are only issued outside of the U.S. That isn't a problem as long as you do not need to travel.
Customer: replied 1 year ago.

Sincere thanks, ***** ***** all your thorough help.

Kind regards,

Sue Dunwoody

Expert:  Guillermo Senmartin replied 1 year ago.
You are very welcome. Good luck!

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