Job offer is there, now which VISA?

[daniel_perth 0]

Hi There,

If anyone has any info, it would be greatly appreciated.

Basically, here is the situation:

-Me and my wife are 21 and 22 living in Australia

-my wife has been working in floristry for about 5 years (the last two years she has been running her own)

-she has received a job offer from a florist in the states

-we would both like to move over soon (preferably around End of December/ Start of Jan)

-The e-3 visa would be great as we would both be able to work, but unfortunately neither of us have a bachelors degree

has anyone got any info from experience? or even just some helpful info?

thanks in advance!

[aaron2020 11,651]

Hi There,

If anyone has any info, it would be greatly appreciated.

Basically, here is the situation:

-Me and my wife are 21 and 22 living in Australia

-my wife has been working in floristry for about 5 years (the last two years she has been running her own)

-she has received a job offer from a florist in the states

-we would both like to move over soon (preferably around End of December/ Start of Jan)

-The e-3 visa would be great as we would both be able to work, but unfortunately neither of us have a bachelors degree

has anyone got any info from experience? or even just some helpful info?

thanks in advance!

It's highly unlikely that your wife will get a work visa to come to the US to be a florist.

In order for a US employer to bring in a foreign worker, the employer MUST obtain a certification from the US Labor Department (DOL) stating that the employer could not find a US individual who is qualified or available for the position. (Generally, it's not a good national policy or politically popular to let in unskilled foreign labor when your citizens could use the work.) It will be impossible to get this certification.

Unfortunately, it doesn't take a degree or a lot of skills to be a florist. I've worked for two different florists when I was in college, it didn't seem to require a lot of skills to put flowers in a vase.

------------

Even if your wife can get a work visa, it doesn't mean you can legally work in the US. You would need your own US employer who is willing to get the DOL certification so he/she can hire you. No one gets a blank work visa to come to the US to look for work (not a good idea to let in foreign workers to compete for jobs with your own citizens unless those foreign workers are not taking a job that could go to a US citizen). You and your wife will each have your own US employer with the DOL certifications before you either of you can get work visas.

Edited June 20, 2012 by aaron2020

[canadian_wife 1,826]

Had your wife spoken to the immigration attorney for the employer she was offered the job from? Typically the employer organizes the work visa

Good luck

PS - Florist isn't a specialized or "in demand' profession in the US. It might be tricky to get a visa for that purpose, especially if the employer has to show why they cannot hire an american for that job

[daniel_perth 0]

It's highly unlikely that your wife will get a work visa to come to the US to be a florist.

In order for a US employer to bring in a foreign worker, the employer MUST obtain a certification from the US Labor Department (DOL) stating that the employer could not find a US individual who is qualified or available for the position. (Generally, it's not a good national policy or politically popular to let in unskilled foreign labor when your citizens could use the work.) It will be impossible to get this certification.

Unfortunately, it doesn't take a degree or a lot of skills to be a florist. I've worked for two different florists when I was in college, it didn't seem to require a lot of skills to put flowers in a vase.

------------

Even if your wife can get a work visa, it doesn't mean you can legally work in the US. You would need your own US employer who is willing to get the DOL certification so he/she can hire you. No one gets a blank work visa to come to the US to look for work (not a good idea to let in foreign workers to compete for jobs with your own citizens unless those foreign workers are not taking a job that could go to a US citizen). You and your wife will each have your own US employer with the DOL certifications before you either of you can get work visas.

Hi Aaron,

Even though I find your reply a little insulting, I still appreciate your input.

please keep your negativity towards my wife's profession to yourself. she is highly skilled in the area and is on high demand for several Bride's weddings each week.

from the USCIS it states: The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work, so if there are no applicants for the job, im not sure if this would mean that my wife would qualify.

if anyone else has some info that would be great.

[VanessaTony 3,567]

Even if your wife can get a work visa, it doesn't mean you can legally work in the US. You would need your own US employer who is willing to get the DOL certification so he/she can hire you. No one gets a blank work visa to come to the US to look for work (not a good idea to let in foreign workers to compete for jobs with your own citizens unless those foreign workers are not taking a job that could go to a US citizen). You and your wife will each have your own US employer with the DOL certifications before you either of you can get work visas.

Actually the E3 visa permits spouse and children of E3's to come over, and specifically for spouses of E3's to apply for EAD's, no specific employer.

But all of this is moot because: 1. floristry isn't a "specialty occupation" and 2. neither he nor his wife have a bachelors (or equivalent) which are requirements.

Edited June 20, 2012 by Vanessa&Tony

[VanessaTony 3,567]

Sorry but there is no way for you to come to the US to work for this opportunity. You MIGHT be able to get a student visa but that requires being a student and you couldn't go unless you were as well.

Your only real option is to try an investor visa, or try the GC lottery and hope for the best.

Edited June 20, 2012 by Vanessa&Tony

[canadian_wife 1,826]

Sorry but there is no way for you to come to the US to work for this opportunity. You MIGHT be able to get a student visa but that requires being a student and you couldn't go unless you were as well.

Your only real option is to try an investor visa, or try the GC lottery and hope for the best.

Student visa wouldn't work as the student is not allowed to work off campus. The OP seems to want to accept this job offer in the US as a florist.

Good luck

[VanessaTony 3,567]

Student visa wouldn't work as the student is not allowed to work off campus. The OP seems to want to accept this job offer in the US as a florist.

My bad, I don't know enough about that OPT thing. Chances don't look good for anything.

[daniel_perth 0]

Actually the E3 visa permits spouse and children of E3's to come over, and specifically for spouses of E3's to apply for EAD's, no specific employer.

But all of this is moot because: 1. floristry isn't a "specialty occupation" and 2. neither he nor his wife have a bachelors (or equivalent) which are requirements.

Doesn't seem like there is much hope with be able to work in the states...

We just want to live the american Dream, but it's not really available to live.

[Boiler 45,794]

Have you discussed this with her potential Employer and their Immigration Lawyer?

It is in their hands as to which visa category they wish her to be sponsored for. You just go the interview.

Some visa's do allow an accompanying spouse to work.

[VanessaTony 3,567]

Doesn't seem like there is much hope with be able to work in the states...

We just want to live the american Dream, but it's not really available to live.

If you want to come to the US so badly you might want to consider returning to school and studying a specialty occupation. 4 years from now you would have the qualifications to head over on an E3 (or H1B) while also improving on yourself and your qualifications and having time to save the large amount of money you will need to really get settled here in the US (sometimes it takes time).

Good luck!

*Edit - I will add the "American Dream" is this: http://en.wikipedia.org/wiki/American_Dream and you can find this "dream" in Australia, it doesn't need to be in the US.

Edited June 20, 2012 by Vanessa&Tony

[daniel_perth 0]

If you want to come to the US so badly you might want to consider returning to school and studying a specialty occupation. 4 years from now you would have the qualifications to head over on an E3 (or H1B) while also improving on yourself and your qualifications and having time to save the large amount of money you will need to really get settled here in the US (sometimes it takes time).

I am a Gen-Y though... microwave generation, i want it now!

[Anh map 2,098]

Hi Aaron,

Even though I find your reply a little insulting, I still appreciate your input.

please keep your negativity towards my wife's profession to yourself. she is highly skilled in the area and is on high demand for several Bride's weddings each week.

from the USCIS it states: The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work, so if there are no applicants for the job, im not sure if this would mean that my wife would qualify.

if anyone else has some info that would be great.

Far more is needed than "no one is applying." A florist doesn't fit the criteria for an employer sponsored visa.

If you're serious about coming then it would be a good idea to research the types of skills that would be qualified and get the credentials/training/education there in OZ. Won't happen right away, but it's a path.

[jaycali 415]

My bad, I don't know enough about that OPT thing. Chances don't look good for anything.

OPT is a one year EAD issued to graduates (pre-graduation also available) from US universities holding/pursuing a bachelor's degree or higher. The student can apply for any job related to his/her field of study and work for as long as the EAD is valid. No sponsor needed.

If the OP went to a four year university in the US he/she could qualify for a year at least. While I haven't heard of a bachelors degree in florism, other fields of study could qualify as well. For example, a business/marketing major self-employed as a florist or something to that effect.

Beyond OPT, the only opportunity to work on a student visa are on-campus jobs at a maximum of 20 hours per week.

Edited June 20, 2012 by jaejayC

[daniel_perth 0]

for the record we are only looking to make our stay in the US temporary, we are not looking into immigrate permanently, maybe just 2-3 years if we can. and then possibly try and stay longer if we would like to, (obviously by coming back to Australia and re-applying) does that change anyone's view?

probably should have stated that earlier!